2005 complete mayor & council minutes of the borough of englewood cliffs

05-01BOROUGH OF ENGLEWOOD CLIFFS

BERGEN COUNTY, NEW JERSEY

MINUTES OF THE SINE DIE MEETING OF THE MAYOR AND COUNCIL.

DATE: Jan uary 2, 2005

CALL TO ORDER AT 11:00 A.M .

PRESENT AT ROLL CALL:

MayorCouncil PresidentCouncilmanCouncilwomanCouncilmanCouncilmanCouncilwoman

ALSO PRESENT:

Borough AttorneyBorough EngineerBorough AuditorSupt. ofPublic WorksChiefof Police

Joseph C. ParisiHan PlawkerThomas ManolioPatricia DrimonesJerry KasoffJoseph Parisi, Jr.Lynn Norton

Kevin Corriston, Esq.Edward MignoneSteven WielkotzRodney BialkoLawrence Whiting

FLAG SALUTE LEAD BY COUNCIL PRESIDENT ILAN PLAWKER

MAYOR PARISI STATED:

Adequate notice of this meeting was given to the press and posted as required. Date andtime of this meeting was legally given as required by the "open public meetings act."This notice is on file with the municipal clerk and posted on the bulletin board.Minutes of this meeting will be made available to the public upon the completion of typingand proofreading by the Municipal Clerk.

MAY 05 2009

COURTESY OF COUNCILMAN ROBERT AGRESTA TRANSPARENCY IN GOVERNMENT INITIATIVE - HTTP://WWW.ROBERTAGRESTA.COM

2005-000002-REV1

2005 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

05-02JANUARY 2, 2005

Mayor Parisi asked for a moment of silence in memory of Russell Jehn, editor of theEnglewood Cliffs Newsletter, who had just recently passed away.

Mayor Parisi asked if any member of the Council had any remarks to make beforeadjourning the Sine Die Meeting.

On a motion by ManoIio, seconded by Parisi, the meeting was adjourned "Sine Die".carried.

ATTEST:

J OSEPH FAVARO, BOROUGH CLERK

APPROVED:

JOS~PH C. PARISI, MAYOR

MAY 05 2009


2005-000003-REV1


0S-03JANUARY 2, 2005

MlNUfES OF THE REORGANIZATION MEETING OF JANUARY 2, 2005.

The Oath of Office was administered to Councilman Thomas Manolio and Councilman DanPlawker by the Honorable Bonnie Mizdol.

THE REORGANIZATION MEETING WAS CALLED TO ORDER AT 11:15 A.M.



ALSO PRESENT:

Borough AttorneyMunicipal EngineerMunicipal AuditorSupt. ofPublic WorksChief of Police

Joseph C. ParisiIlan PlawkerThomas ManolioPatricia DrimonesJerry KasoffJoseph Parisi, Jr.Lynn Norton

Kevin Corriston , Esq.Edward MignoneSteven WielkotzRodney BialkoLawrence Whiting

MAYOR PARISI MADE THE FOLLOWING STATEMENT:

Adequate notice of this meeting was given to the press and posted as required. Date and time of thismeeting was legally given as required by the "Open Public Meeting Act."This notice is on file with the municipal clerk and posted on the bulletin board.Minu tes of this meeting will be made available to the public upon completion of typing andproofreading by the Municipal Clerk.

MAY 05 2009


2005-000004-REV1


05-04JANUARY 2, 2005

ADDRESS BY MAYOR PARISI

GOOD MORNING AND WELCOME TO THE 2005

REORGANIZATION MEETING OF THE MAYOR AND COUNCILOF THE BOROUGH OF ENGLEWOOD CLIFFS.

I WOULD LIKE TO THANK ALL OF YOU FOR COMING HERE TODAY TOSHARE IN BOTH THE BUSINESS PART OF OUR MEETING AND THE FESTIVITIESAND CELEBRATION THAT USUALLY FOLLOW THIS OCCASION EVERY YEAR.

I JUST WANT TO SHARE SOME PERSONAL THOUGHTS.WITH YOU THAT I THINKARE PERTINENT TO A MEETING OF THE GOVERNING BODY OF THISMUNICIPALITY.

PEOPLE DECIDE TO RUN FOR OFFICE FOR MANY DIFFERENT REASONS.SOMETIME IT IS BECAUSE THEY HAVE LIVED IN TOwN FOR MANY YEARS ANDWANT TO HELP SUPPORT THE TOWN BECAUSE THEY HAVE HAD MANY GOODEXPERIENCES HERE AND THEY WANT TO HELP CONTINUE THAT FOR OTHERFAMILIES. SOME TIME IT IS BECAUSE THEY HAVE A REAL INTEREST INGOVERNMENT AND WANT TO PUT THEIR INTERESTS TO PRACTICAL USE BYACTUALLY GOVERNING. SOMETIMES IT IS JUST BECAUSE OTHER PEOPLE THINKTHAT THEY WOULD MAKE A GOOD PUBLIC SERVANT AND THEY ARE ASKED TORUN FOR OFFICE.

THEN, THERE ARE THE PEOPLE WHO RUN FOR OFFICE SIMPLY BECAUSETHEY HAVE NOTHING BETTER TO DO WITH THEIR TIME OR FOR THEIR OWNPERSONAL GAIN OR TO SATISFY THEIR EGO.

I AM LUCKY BECAUSE THANK GOD I DO NOT SERVE ON THIS MAYOR ANDCOUNCIL WITH ANYONE THAT FITS THAT LAST GROUP OF PEOPLE.

JUST BECAUSE I HAVE SERVED AS MAYOR FOR A LONG TIME DOES NOTMEAN THAT I TAKE IT FOR GRANTED OR THAT ANYTHING ABOUT THIS POSITIONIS MORE IMPORT ANT THAN MY PERSONAL INTEGRITY. I AM VERY OLDFASHIONED IN MANY WAYS. I HAVE BUILT MY REPUTATION BOTH IN BUSINESSAND POLITICS AS A MAN OF MY WORD. I DON'T TAKE KINDLY TO DISHONESTPEOPLE AND PEOPLE WHO ABUSE THE SO CALLED SYSTEM.

THIS PAST YEAR TESTED BOTH MY RESOLVE AND MY BELIEF IN THE GOODOF ALL PEOPLE: WITHOUT GOING INTO DETAILS. THERE ARE ALWAYS SOMEPEOPLE WHOSE SELFISH INTERESTS ARE MORE IMPORTANT TO THEM THANTHEIR INTEGRITY. THEY COULDN'T CARE LESS ABOUT THE TOWN OR WHAT ISGOOD FOR THE MAIORITY OF THE RESIDENTS. I HAVE NEVER BEEN AND WILLNEVER BE ONE OF THOSE PEOPLE.

MAY 05 2009


2005-000005-REV1


05-05JANUARY 2, 2005

I ALSO WANT TO STRESS TO YOU THAT THOUGH I HAVE SERVED IN THISOFFICE FOR A LONG TIME, I AM NOT TIRED OF THE CHALLENGE THAT EACH DAYBRINGS TO BOROUGH BUSINESS. SOMETIMES IT TAKES A LITTLE LONGER TOGET THINGS ACCOMPLISHED - MAYBE MORE THAN IT USED TO - BUTEVERYTHING GETS DONE. THAT, IS WHAT IS IMPORTANT.

THIS COUNCIL WILL CONTINUE TO ASSIST ME IN LOOKING AT NEW WAYSTO BETTER SERVE THE COMMUNITY WE WILL STRNE TO MAINTAIN ANDIMPROVE THE QUALITY OF LIFE FOR ALL OUR RESIDENTS.

I WANT TO THANK OUR DEDICATED POLICE DEPARTMENT, OURVOLUNTEER FIRE AND AMBULANCE CORPS AND ALL THOSE PEOPLE WHO WORKIN BOROUGH HALL AND TAKE CARE OF THE DAILY GOINGS ON FOR OURRESIDENTS.

OUR DEPARTMENT OF PUBLIC WORKS DOES A GREAT JOB- MAINTENANCE,CLEAN UP, SNOW REMOVAL - WHATEVER IT TAKES. THEY'RE THE BEST.

GOOD AND HONES T PEOPLE CAN AGREE TO DISAGREE AND STILL WORKTOGETHER TO COME TO SOLUTIONS THAT SERVE THE COMMON GOOD. WE HAVEA GREAT TEAM WORKING FOR ALL OF YOU IN ENGLEWOOD CLIFFS. I RESPEC TEACH OF THEM FOR THE CONTRIBUTION THAT THEY MAKE AND I HOPE THATOUR RESIDENTS CONTINUE TO UNDERSTAND THAT WE HAVE THEIR BESTINTERESTS ALWAYS IN THE FOREFRONT.

I WANT TO WISH EVERYONE HERE A VERY HEALTHY AND HAPPY NEW YEAR.

MAY 05 2009


2005-000006-REV1


05-06J ANUARY 2, 2005

MAYOR PARISI MADE THE FOLLOWIN G STATEMENT:

THE RULES OF ORDER WILL REMAIN UNCHANGED.

On a motion by Manolio, seconded by Norton, resolution 05-12 was offered for adoption:

ROLLCALL:AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton

RESOLUTION 05-12

RE: ANNUAL MEETIN G NOTICE - N.J.S .A. 10:4.8d

WHEREAS, the Borougb of Englewood Cliffs Mayor and Council has established theirRegular meeting dates for the year 2005 . The regular meetings will be held on the third Wednesdayof each month(unless advertised otherwise), at 8:00 p.m, in the Municipal Building, 10 KahnTerrace , Englewood Cliffs, New Jersey. Caucus meetings will be .held at 6:30 p.m. on the samenight as the regular meeting. Action may be taken at either meeting.

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough ofEnglewood Cliffs to establish specifically the Caucus and Regular meetings of the Mayor andCouncil for the year 2005 as follows:

REGULAR AND CAUCUS MEETINGS

JanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecember

12 - Wednesday (Caucus & Regular Meeting)16 - Wednesday (Caucus & Regular Meeting)16 - Wednesday (Caucus & Regular Meeting)20 - Wednes day (Caucus & Regular Meeting)18 - Wednesday (Caucus & Regular Meeting)15 - Wednesday (Caucus & Regular Meeting)20 - Wednesday (Caucus & Regular Meeting)17 - Wednesday (Caucus & Regular Meeting)14 - Wednesday (Caucus & Regular Meeting)19 - Wednesday (Caucus & Regular Meeting)9 - Wednesday (Caucus & Regular Meeting)

21- Wednesday (Caucus & Regular Meeting)

MAY 05 2009


2005-000007-REV1


05-07JANUARY 2, 2005

MAYOR PARISI STATED THE FOLLOWING:

ALL STANDING COMMITTEES ARE HEREBY DISSOLVED.ALL SPECIAL COMMITTEES ARE HEREBY DISSOLVED.ALL YEARLY APPOINTMENTS ARE HEREBY TERMINATED.

ON A MOTION BY PLAWKER, SECONDED BY MANOLIO, THE BY-LAWS OF 2004WERE ADOPTED FOR THE YEAR 2005.


MAYOR PARISI STATED: WITH THE ADVICE AND CONSENT OF THE COUNCIL, IMAKE THE FOLLOWING APPOINTMENTS:

COUNCIL PRESIDENT - ILAN PLAWKER

AYES:NAYS:

Plawker, Drimones, Kasoff, Parisi, Norton 'Manolio

BOROUGH ATTORNEY - E. CARTER CORRISTON, ESQ.

AYES:ABSTAIN:

j

Plawker, Manolio, Drimones, Kasoff,NortonParisi

RESOLUTION 05-01

RE: APPOINT BOROUGH ATTORNEY FOR 2005

WHEREAS, it is necessary for the Borough ofEnglewood Cliffs to engage the services of aBorough Attorney for the year 2005 to provide Legal services which are necessary for the operationof said Borough; and

WHEREAS, funds will be available by way of budget appropriations and passage of bondordinances to compensate said Attorney, and;

WHEREAS, the Local Public Contracts Law (NJ.S.A. 40A:11 et seq) requires that theresolution authorizing the award of contracts for "professional services" without competitive bidsmust be publicly advertised;

NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough ofEnglewood Cliffs as follows:

The Borough Attorney for the year 2005 is hereby designated as E. Ca rter Corriston, Esq.The compensation for said position shall be commensurate with the services rendered by saidAttorney during the year,

This contract is awarded without public bidding as professional services under the LocalContracts Law by virtue of NJ.S.A. 40A:11 -7 which specifically exempts such contracts from therequirements of public bidding. The Borough Clerk is hereby authorized and directed to publish acopy of this resolution in the newspaper within ten (10) days from the date hereof.

MAY 05 2009


2005-000008-REV1


0S-08JANUARY 2, 2005

BOROUGH AUDITOR - STEVEN WIELKOTZ

AYES :ABSTAIN:

Plawker, Manolio, Drimones, Kasoff, NortonParisi

RESOLUTION 05-02

RE: APPOINTMENT OF BOROUGH AUDITOR FOR 2005

WHEREAS, it is necessary for the Borough of Englewood Cliffs to engage the services of aBorough Auditor for the year 2005 to provide Auditing services which are necessary for theoperation of said Borough; and

WHEREAS, funds will be available by way of budget appropriations and passage of bondordinances to compensate said Auditor, and

,WHEREAS, the Local Public Contracts Law (NJ.S.AAOA: II et seq) requires that the

resolution authorizing the award of contracts for "profess ional services" without competitive bidsmust be publicly advertised;


The Borough Auditor for the year 2005 is hereby designated as Steven Wielkotz.The compensation for said position shall be commensura te with the services rendered by saidAuditor during the year;

This contract is awarded without public bidding as professional services under the LocalContracts Law by virtue of NJ.S.AAOA:I I-7 which specifically exempts such contracts from therequirements of public bidding. The Borough Clerk is hereby authorized and directed to publish acopy ofthis resolution in the newspaper within ten (10) days from the date hereof.

BOROUGH ENGINEER - STEVEN BOSWELL

AYES :ABSTAIN:


MAY 05 2009


2005-000009-REV1


05-09JANUARY 2, 2005

RESOLUTION 05-03

RE : APPOINTMENT OF BOROUGH ENGINEER FOR 2005

WHEREAS, it is necessary for the Borough of Englewood Cliffs to engage the services ofan Engineer for the year 2005 to provide Engineering semces which are necessary for the operationof said Borough; and

WHEREAS, funds will be available by way of budget appropriations and passage of bondordinances to compensate said Engineer, and

WHEREAS, the Local Public Contracts Law (NJ.S.AAOA:II et seq) requires that theresolution authorizing the award of contracts for "professional services" without competitive bidsmust be publicly advertised;


The Borough Engineer for the year 2005 is hereby designated as Steven Boswell.The compensation for said position shall be commensura te with the services rendered by saidEngineer during the year;

This contract is awarded without public bidding as professional services under the LocalContracts Law by virtue of NJ .S.A. 40A:11-7 which specifically exempts such contrac ts from therequirements of public bidding. The Borough Clerk is hereby authorized and 'directed to publish acopy ofthis resolution in the newspaper within ten (10) days from the date hereof.

MAY 05 2009


2005-000010-REV1


05-10JANUARY 2, 2005

BOND COUNSEL - DeCotiis, Fitzpatrick, & Cole

AYES :ABSTAIN:

Plawker, Manolio, Drimones, Kasoff, Parisi, NortonParisi

RESOLUTION 05-04

RE: APPOINTMENT OF BOND COUNSEL FOR 2005

WHEREAS , it is necessary for the Borough of Englewood Cliffs to engage the services of a BondCounsel for the year 2005 to provide Legal services which are necessary for the operation of saidBorough; and

WHEREAS, funds will be available by way of budget appropriat ions and passage of bondordinances to compensate said Bond Counsel; and

WHEREAS , the Local Public Contracts Law (N.J.S.A. 40A:l l et seq) requires that the resolutionauthorizing the award of contracts for "professional services" without competitive bids must bepublicly advertised;


The Borough Bond Counsel for the year 2004 is hereby designated as DeCotiis, Fitzpatrick, andCole.

The compensation for said position shall be commensurate with the services rendered by said BondCounsel during the year;

This contract is awarded without public bidding as professional services under the Local ContractsLaw by virtue ofNJ.SA 40A:I I-7 which specifically exempts such contracts from therequirements of public bidding. The Borough Clerk is hereby authorized and directed to publish acopy of this resolution in the newspaper with ten (10) days from the date hereof.

TAX APPEAL ATTORNEY - STEVEN MUHLSTOCK, ESQ. & FIRM OF GITTLEMAN,MUHLSTOCK & CHEWCASKIE

AYES:ABSTAIN:


MAY 05 2009


2005-000011-REV1


05-11JANUARY 2, 2005

RESOLUTION 05-14

RE: APPOINT TAX APPEAL ATTORNEY FOR 2005

WHEREAS, it is necessary for the Borough of Englewood Cliffs to engage the services ofaTax Appeal Attorney for the year 2005 to provide Legal services which are necessary for theoperation of said Borough; and

WHEREAS, funds will be available by way of budget appropriations to compensate saidAttorney, and;

WHEREAS, the Local Public Contracts Law (N.l .SA 40A: II et seq) requires that theresolution authorizing the award of contract s for "professional services" without competitive bidsmust be publicly advertised;

"


The Tax Appeal Attorney for the year 2004 is bereby designated as Steven MuW stock, Esq.and the firm of Gittleman, MuWstock & Chewcaskie.The compensation for said position shall be commensurate with the services rendered by said TaxAppeal Attorney during the year;

This contract is awarded without public bidding as professional services under the LocalContracts Law by virtue ofNJ.S.A. 40A:11-7 which specifically exempts such contracts from therequirements of public bidding. The Borough Clerk is hereby authorized and directed to publish acopy of this resolution in the uewspaper within ten (10) days from the date hereof.

BOROUGH ADMlNlSTRATOR (1 YEAR) - JOSEPH FAVARO

AYE S: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton

DEPUTY BOROUGH CLERK (1 YEAR) - DEBORAH FERRE

AYES : Plawker, Mano lio, Drimones, Kasoff, Parisi, Norton

COMPLIANCE OFFICER (1 YEAR) - JOSEPH FAVARO

AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton

MAY 05 2009


2005-000012-REV1


05-12JANUARY 2, 2005

RESOLUTION 05-15

WHEREAS, the State ofNew Jersey has mandated that each Municipality have a PublicAgency Compliance Officer; and

WHEREAS, the Borough of Englewood Cliffs is desirous of complying with the StateMandate;

NOW, THEREFORE BE IT RESOLVED that the Mayor and Council of the Borough ofEnglewood Cliffs hereby appoints Joseph Favaro, Borough Administrator, to the position PublicAgency Compliance Officer for the Borough ofEnglewood Cliffs , for the year 2005 .

BUILDING INSPECTOR ( ONE YEAR)- ERIC SWANSON


ELECTRICAL INSPECTOR (FOUR YEARS) - PETER DiCOST ANZO

AYES: Plawker, Ma nolio, Drimones, Kasoff, Parisi, Norton

ASSISTANT BUILDING INSPECTOR (ONE YEAR) - Lij'i'O BOCCHER

AYES: Plawker, Manolio, Drimones , Kasoff, Parisi, Norton

ENVffiONMENTAL INSPECTOR (ONE YEAR) - JOSEPH BOCCHER


PROSECUTOR (I YEAR) - MARC C. SAPERSTEIN, ESQ.

AYES :ABSTAIN:


MAY 05 2009


2005-000013-REV1


05-13JANUARY 2, 2005

RESOLUTION 05-13

RE: APPOINT BOROUGH PROSECUTOR FOR 2005

WHEREAS, it is necessary for the Borough ofEnglewood Cliffs to engage the services ofaBorough Prosecutor for the year 2005 to provide Legal services which are necessary for theoperation of the Munic ipal Court of said Borough; and

WHEREAS, compensation will be available by way of budget appropriations tocompensate said Attorney, and;

WHEREAS, the Local Public Contracts Law (N.l. SA 40A:1l et seq) requires that theresolution authorizing the award of contracts for "professional services" without competitive bidsmust be publicly advertised;

NOW THEREFORE, BE IT RESOLVED by the Mayo r and Council of the Borough ofEnglewood Cliffs as follows:

The Borough Prosecutor for the year 2005 is hereby designated as Marc C. Saperstein; andThis contract is awarded without public bidding as professional services under the Local ContractsLaw by virtue ofNJ .8.A.40A:II -7 which specifically exempts such contracts from the requirementsofpublic bidding.

The Borough Clerk is hereby authorized and directed to publish a copy of this reso lution in thenewspaper within ten (10) days from the date hereof.

PUBLIC DEFENDER (1 YEAR) - ALBERT WUNSCH m

AYE S: Plawker, Manolio, Drimones, Kasoff, Parisi , Norton

COURT ADMINISTRATOR (1 YEAR) • MARY McSPIRIT

AYES : Plawker, Manolio, Drirnones, Kasoff, Parisi, Norton

RECREATION DIRECTOR (1 YEAR) - NEIL J. VlLL

AYES: Plawker, Manolio, Drirnones, Kasoff, Parisi, Norton

WORK FIRST - POOR LAW

ADMINISTRATE LAW (1 YEAR) - VICTORIA SWIRSKY

(APPOlN1MENT HELD OVER FOR 30 DAYS)

MAY 05 2009


2005-000014-REV1


05-14J ANUARY 2, 2005

COLLECTION SYSTEMS OPERATOR (1 YEAR): BONAVENTURO, LLC


BOARD OF ADJUSTMENT (4 YEARS) - MiCHAEL MARlNUZZIBOARD OF ADJUSTMENT (4 YEARS) - STEVEN DUFFYALTERNATE TO BOARD OF ADJUSTMENT (1 YEAR) - ANTONiO SELVAGGIALTERNATE TO BOARD OF ADJUSTMENT (1 YEAR) - SUSAN LEECOUNClL REPRESENTATIVE TO BOARD OF ADJUSTMENT - THOMAS MANOLIO

AYES: Plawker, Murphy, Manolio, Drimones, Kasoff, Parisi(Mr. Manolio abstained on his appointment as CouncilRepresentative)Mr.Parisi abstained on the appointment of Mr. Marinuzzi)

THE FOLLOWiNG ARE MAYOR PARiSI'S APPOlN'TMENTS TO THE PLANNiNGBOARD: NO VOTE NECESSARY.

MEMBER (4 YEARS) - ARTHUR GOLDSTEiNMEMBER (4 YEARS) - DAE Ki MiNALTERNATE #1 TO PLANNiNG BOARD (1 YEAR) - JlL)..ROSENBERGBOROUGH REPRESENTATIVE TO PLANNiNG BOARD (1 YEAR) - JOSEPH FAVARO,

COUNClL REP. TO PLANNiNG BOARD(1 YEAR) - PATRiClA DRIMONES

AYES:ABSTAiN:

Plawker, Manolio, Kasoff, Parisi, NortonDrimones

RECYCLiNG COORDiNATOR (1 YEAR) - RODNEY BlALKO


ROAD SAFETY DIRECTOR (1 YEAR) - ARTHUR GOLDSTEiN

AYES:ABSTAiN:

Plawker, Manolio, Drimones,Kasoff, ParisiNorton

FIRE PREVENTION OFFiClAL (1 YEAR) - JOSEPH CARDULLO


ENViRONMENTAL COMMiSSION

RENEE' LERNER, CHAIRPERSON (2YEARS)ANNE SLATER (2 YEARS)


MAY 05 2009


2005-000015-REV1


JANUARY 2, 2005

CONSTRUCTION BOARD OF APPEALS (3 YEARS) - ROY IUG GITANOCONSTRUCTION BOARD OF APPEALS (2 YEARS) - J OHN GALDISECRETARY TO BOARD OF APPEALS (1 YEAR) - JOSEPH FAVARO

AYES : Plawker, Manolio, Drimones, Kasoff, Parisi, Norton

POLICE SURGEONS - DR. EUGENE BONACCI(l YEAR) DR. MOUSSA ERSHADI

DR. JEROME GOLDFISHERDR. SALVATORE LaRAIADR. GARY GUARNACCIADR. LAWRENCE ROSENDR. MARK SINGERDR. GEORGE WEINBEGERDR.CELEST HELVACIANDR.PATIUCKPERINDR. MICHAEL ROSENBERG

AYES : Plawker, Manolio, Drimones, Kasoff, Parisi, Norton,

SENIOR CITIZENS BOARD OF DIRECTORS - NEIL VILL (IYEAR)


SCHOOL CROSSING GUARDS (1 YEAR)

CATHERINE CAFIEROJOSEPHINE HENNJOAN COLEGEROROSE MASTELLONE


POLICE MATRONS (1 YEAR)

CATHERINE CAFIEROROSE MASTELLONEJOSEPHINE HENNJOAN COLEGERO


ADA COORDINATOR (1 YEAR) - JOSEPH FAVARO

AYES: Plawker, Mano lio, Drimones, Kasoff, Parisi, Norton

05-15MAY 05 2009


2005-000016-REV1


05-16J ANUARY 2, 2005

INSURANCE RISK MANAGER (1 YEAR) - ANDREW DURKIN

AYES:ABSTAIN:


RESOLUTION 05-11

WHEREAS, the Borough of Englewood Cliffs has resolved to join the South BergenMunicipal Joint Insurance Fund, a self7excess insured fund, following a detailed analysis and;

WHEREAS, the by-laws of said fund require that each municipality appoint 'a riskmanagement consultant to perform various professional services as detailed in the by-laws and;

WHEREAS, the by-laws indicate a minimum fee equal to six (6%) percent of the municipalassessment which expenditure represents reasonable compensation for the services required and wasincluded in the cost considered by the mayor and council and;

WHEREAS the judgmental nature of the risk management consultant's duties renderscomparative bidding impractical. ,

NOW THEREFORE, BE IT RESOLVED that the Borough of Englewood Cliffs doeshereby appoint Andres Durkin as its risk management consultant in accordance with 40A: 11-5 and;

BE IT FURTHER RESOLVED that the Mayor and Borough Clerk are hereby authorizedand directed to execute the consultant's agreement annexed hereto and to cause a notice of thisdecision to be published according to N.J.s.AAOA: I I-5 (I) (a) (i).

INSURANCE FUND COMMISSIONER (1 YEAR) - JOSEPH FAYAROINSURANCE SAFETY DELEGATE (1 YEAR) - RODNEY BlALKOPERSONNEL OFFICER (1 YEAR) - JOSEPH FAYARODEPUlY PERSONNEL OFFICER (1 YEAR) - DEBORAH FEHRELABOR ATTORNEY (1 YE AR) - E. CARTER CORRISTON, ESQ.


COUNCIL REPRESENTATIVE TO THE BOARD OF EDUCATION - PATRICIA DRIMONES

AYES:ABSTAIN:


COUNCIL LIAISON TO THE CHAMBER OF COMMERCE - JOSEPH PARISI, JR

AYES:ABSTAIN:


LEGISLATIVE LIAISON - !LAN PLAWKER

AYES:ABSTAIN:

Manolio, Drimones, Kasoff, Parisi, NortonPlawker

MAY 05 2009


2005-000017-REV1


05-17JANUARY 2, 2005

BOROUGH DEPOSITORIES

RESOLUTION 05-10

BE IT RESOLVED by the Borough Council of the Borough of Englewood Cliffs, in theCounty or Bergen, State ofNew Jersey that the PNC Bank, Bank of America, Hudson United Bank,and Interchange Bank be and the same are hereby designated as depositories for all the monies of theBorough of Englewood Cliffs during the year 2005; and

BE IT FURTHER RESOLVED that the said banks be and are hereby authorized to makepayments from the funds on deposit with them upon and according to signed chec ks, drafts, notesand/or acceptances of the Borough of Englewood Cliffs pursuant to the attached list of accounts andauthorized signatures.

AYES :ABSTAIN:

Manolio, Drimones, Kasoff, NortonPlawker, Parisi

OFFICIAL NEWSPAPERS - THE RECORDJERSEY JOURNALPRESS JOURNALBERGEN NEWSNEWARKSTARLEDG&R

AYES: Plawker, Manolio, Drimones, Kasoff, Parisi , Norton

BORO UGH mSTORIAN S (3 YEARS) CAYEJEHN

AYES: Plawker, Manolio, Drimones, Kasoff, Pari si, Norton

EMERG. MANAGEMENT COORDINATOR - LAWRENCE WIDTING (3 YEARS)DEPUTY COORDINATOR - FIRE CHIEF, GEORGE DRIMONES - (1 YEAR)

AYES:ABSTAIN:

Plawker, Manolio, Kasoff, Parisi, NortonDrimones (On George Drimones)

MAY 05 2009


2005-000018-REV1


05-18JANUARY 2, 2005

EMERGENCY PLANNING COUNCIL (1 YEAR) - APPOINTED BY MAYOR

MAYORPUBLIC SAFETYFIRE CHIEFFIRE DEPARTMENTAMBULANCE CORP. CAPTAINAMBULANCE CORP. PRESIDENTSUPT. PUBLIC WORKSSEC. BD. OF HEALTHSANITARY INSPECTORHEALTH OFFICERBUILDING INSPECTORPOLICE CAPTAINPOLICE LIEUTENANTRED CROSSIBERGEN CROSSROADSCHAMBER OF COMMERCETAX ASSESSOR, DAMAGESUPT. OF SCHOOLSBOROUGH ADMlNlSTRATOR

JOSEPH C. PARISIJOSEPH PARISI, JR.GEORGE DRIMONESTHOMAS MANOLIOJOHN POSNERWALTER GUNDELRODNEY BlALKODEBORAH FEHRETED WAGNERSAMYANOVICHALAN P. MARCUSWILLIAM GALLAGHERMI<;HAEL McMORROWMARK A. BERMANSHARI DiPALMAGEORGE REGGOPHILOMENA PEZZANOJOSEPH FAVARO

MAY 05 2009


2005-000019-REV1


05-19JANUARY 2, 2005

STANDING COMMITTEES: FIRST PERSON NAMED IS CHAIRPERSON

PUBLIC SAFETY:AMBULANCE CORPS:LIGHTING:TRANSPORTATION:BUILDING & GROUNDS :D.P.W :FINANCE:RECREATION:SANITATION:LEGAL:BEAUTIFICATION:RECYCLING:mSTORICAL:CLEAN COMMUNITIES:ECONOMIC DEVELOP

PARISI, Plawker, KasoffDRIMONES, Parisi, NortonKASOFF, Manolio, DrimonesKASOFF, Manolio, DrimonesMANOLIO, Norton, DrimonesMANOLIO, Norton, Parisi, DrimonesPLAWKER: Committee of the WholeNORTON, Drimones, ParisiDRIMONES, Manolio, KasoffKASOFF, Committee of the WholeDRIMONES, Norton, Shade Tree CommissionMANOLIO, Norton, Parisi ., .PLAWKER , Manolio, HistoriansKASOFF, Norton, Shade Tree CommissionPLAWKER, Drimones, Kasoff, Norton &The Chamber of Commerce


ON A MOTION BY MANOLIO, SECONDED BY NORTON, RESOLUTION 05-07 WASOFFERED FOR ADOPTION:


RESOLUTION 05-07

TITLE: 2005 TEMPORARY BUDGET

WHEREAS, Section 40 A:4-19 of Revised Statutes of the local Budget Act provides that,where any contracts, commitments or payments are to be made prior to the adoption of the2003 budget, temporary appropriations be made for the purposes and amounts required inthe manner and time therein provided; and

WHEREAS, the date of this resolution is within the firs t thirty days of January , 2005,and

WHEREAS, said temporary appropriations are limited to 26.25% of the totalappropriations in the 2004 budget, exclusive of any appropriations made for debt service,Public Assistance, and Capitallmprovement Fund in the said 2004 budget,

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Boroughof Englewood Cliffs that the following temporary appropriations be made and that acertified copy of this resolution be transmitted to the treasurer for his records.

MAY 05 2009


2005-000020-REV1


GENERAL GOVERNMENT:Administrative and Exec utive:Salaries and WagesMiscellaneous Other ExpensesSalaries of Mayor and CouncilFinancial Administration:Other ExpensesAssessment ofTaxes:Salaries and WagesOther ExpensesCollection of Taxes:Salaries and WagesOther Expenses

Legal Services and CostsSalaries & Wages

Other ExpensesMunicipal Court: Inside CapSalaries and Wa gesOther Expenses

Engineering Services and Costs :Other Expenses

Public Buildings and Grounds:Other Expenses

Planning Board:Salaries and WagesOther Expenses

Board of Adjustment:Salaries and WagesOther ExpensesShade Tree:Salaries and WagesOther Expenses

Rental of BuildingInsurance:Group InsuranceGeneral Insurance and Bonds

Construction Board ofAppealsOther Expense

PUBLIC SAFETY:Fire:Salaries and WagesFire Hydrant ServicesOther Expenses

JANUARY 2, 2005

GENERAL APPROPRIATIONS

20,000.006,500.004,500.00

10,000.00

4,000.00500.00

20,000.001,500.00

.5,000.0010,000.00

2,000.00100.00

3,000.00

16,000.00

2,000.005,000.00

2,000.002,500.00

1,200.003,000.001,500.00

150,704.0070,000.00

500.00

15,000.0014,000.0012,000.00

05-20MAY 05 2009


2005-000021-REV1


JANUARY 2, 2005

Police:Salaries and WagesOther Expenses

Construction Code Official:Salaries and WagesOther Expenses

Fire Sub-Code Official:Salaries and Wages

Plumbing Inspector:Salaries and Wages

Emergency Man agement:Salaries and WagesOther ExpensesUniform Fire Safety Act:Salaries and WagesOther Expenses

Elevator Inspection OlEFirst Aid Organization Contribution

STREETS AND ROADSRoad Repairs and Maintenance:Salaries and WagesOther Expenses

Gasoline

SANITATION :Garbage and Trash RemovalSewer System:Other ExpensesBergen County Utilities Authority Service Charge

UNEMPLOYMENT COMP INSURANCEOther Expense

HEALTH AND WELFARE:Board of Health:Salaries and WagesOther Expenses

Administration ofPublic Assistance :Salaries and WagesOther Expenses

992,479.0050,000.00

10,000.001,000.00

3,000 .00

2,500 .00

125.0050.00

4,500.00900.00

5,000 .0010,000.00

90,000 .0015,000.00

10,000.00

200,000.00

4,500 .00230,000.00

5,000 .00

4,000 .0014,000 .00

100.00100.00

05-21

MAY 05 2009


2005-000022-REV1


JANUARY 2, 2005

UTILITIES:Gas, Electric and WaterTelephoneWaterStreet lighting

RECREATION AND EDUCATION:Parks and Playgrounds :Salaries and WagesOther Expenses

Senior Citizens: Other ExpensesLibrary

STATUTORY EXPENDITURES:Consolidated Police and Firemen's Pension FundPolice & Firemen's Retirement System of New JerseySocial Security (OASnPERS

MUNICIPAL COURT - Outside CapSalaries and Wage sOther Expenses

DRUG & ALCOHOL ALLIANCE GRANTLocal Match

SENIOR CITIZEN BUS TRANSPORTATION

TOTAL GENERAL APPROPRIATIONS

DEBT SERVIC E

Payment ofBond PrincipalIntere st on BondsInterest on Notes

15,000.0010,000.001,000.00

30,000.00

10,000.0010,000.005,000.00

97,728.00

12,928.0060,000 .0020,000 .00

. 25,000.00

10,000.002,000.00

10,000.002,500 .00

10,000 .00

$2,375,914.00

850,000 .00182,181.0061,500 .00

05-22

TOTAL DEBT SERVICE $1,093,681.00

MAY 05 2009


2005-000023-REV1


05-23JANUARY 2, 2005

ON A MOTION BY MANOLIO, SECONDED BY DRIMONES, RESOLUTION 05-08WAS OFFERED FOR ADOPTION:


RESOLUTION 05-08

RE: FIX RATE OF INTEREST FOR LATE PAYMENT OF TAXES

WHEREAS, in accordance with the provisions ofNJ.SA 54:4-67 as amended, the governing bodyof each municipality may, by resolution fix the rate of interest to be charged for non-payment oftaxes or assessments, on or before the date on which they would become delinquent; and

WHEREAS, NJ.S.A. 54:4-67 as amended provides that the governing body by Resolution, mayprovide that no interest shall be charged if payment of any installment is made within 10 days afterthe date upon which the same become payable; .'

NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough ofEnglewood Cliffs do bereby fix the rate of 8% (eight percentj.interest per annum up to $1500.00:18% (eighteen percent) per annum thereafter to be charged for delinquent payment of anyinstallments not made within 10 days after the date upon which taxes become payable.,

BE IT FURTHER RESOLVED, that any installment recei~ed after the expiration of the graceperiod shall bear interest from the due date:

This resolution shall take effect immediately.

ON A MOTION BY MANOLIO, SECONDED BY PARISI, RESOLUTION 05-09 WASOFFERED FOR ADOPTION:


MAY 05 2009


2005-000024-REV1


05-24JANUARY 5, 2005

TITLE: AUTHORIZE SIGNATORIES TO SIGN PAYROLL CHECKS

RESOLUTION 05-09

WHEREAS, it is in the best interest of the Borough of Englewood Cliffs and its variousemployees to provide a continuity of payment in accordance with the schedules contained in theofficial salary ordinance of the Borough ofEnglewood Cliffs; and

WHEREAS, in order to effectuate such purpose it is necessary to authorize the signing ofpayroll checks for the payroll period immediately prior to the formal approval of a salary voucher forsuch period;

NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough ofEnglewood cliffs that the authorized signatories be and they are hereby authorized to sign payrollchecks for borough Officers and employees in accordance with"thesalary schedules contained withinthe official Borough salary ordinance for the pay period prior to formal approval of the voucherauthorizing payments by the Mayor and Council.

WHEREAS, it is in the best interest of the Borough of Englewood Cliffs and its variousemployees to provide a continuity of payment in accordance with the schedules contained in theofficial salary ordinance of the Borough of Englewood Cliffs; 'IUd

WHEREAS, in order to effectuate such purpose it is necessary to authorize the signing ofpayroll checks for the payroll period immediately prior to the formal approval of a salary voucher forsuch period;

NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough ofEnglewood cliffs that the authorized signatories be and they are hereby authorized to sign payrollchecks for borough Officers and employees in accordance with the salary schedules contained withinthe official Borough salary ordinance for the pay period prior to formal approval of the voucherauthorizing payments by the Mayor and Council.

ON A MOTION BY DRIMONES, SECONDED BY MANOLIO, RESOLUTION 05-16 WASOFFERED FOR ADOPTION.


MAY 05 2009


2005-000025-REV1


05-25JANUARY 2, 2005

RESOLUTION 05-16

RE: CASH MANA GEMENT PLAN

WHEREAS, N.J.S.A. 40A:5-14 requires the Borough of Englewood Cliffs to adopt aCash Management Plan; and

WHEREAS, the Borough of Englewood Cliffs adopts its Cash Management Planannually; and

WHEREAS, this Cash Management Plan shall be designated to assure tot he extentpracticable the investment of local funds in interest bearing accounts and may be modified fromtime to time in order to reflect changes in Federal or State law or regulations:

NOW, THEREFORE BE IT RESOLYED, that th~ Borough of Englewood Cliffs CashManagement Plan be continued for 2005.

ON A MOTION BY PLAWKER, SECONDED BY MANOLlO, RESOLUTION 05-17WAS OFFERED FOR ADOPTION.


RESOLUTION 05-17

RE: CANCELLATION OF 2004 BUDGET APPROPRIATIONS

WHEREAS, balances exist in various 2004 budget account(s) at present; andWHEREAS, it has been deemed by the ChiefFinancial Officer that these balances are

encumbered; andWHEREAS, it is the desire of the Mayor and Council to cancel said appropriations to

fund balances;NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough

of Englewood Cliffs, that the following 2004 appropriations are hereby canceled to fund balance:

Celebration ofPublic Events

Total Cancellations

$ 1,000.00

$ 1,000.00

MAY 05 2009


2005-000026-REV1


05-26JANUARY 2, 2005

MAY OR PARlS! ASKED THE COUNC IL MEMBERS IF THEY HAD ANY REMARKSTHEY WISHED TO MAKE.

Counci lman Kasoff offered his congratulations to Councilmen Manolio and Plawker on their reelection. He thanked the residents for their interest and involvement in the Borough. He wishedall a Happy New Year.

Councilman Parisi congratu lated Councilmen Manolio and Plawker on their re-election. Hestated how valuable they both were in the conduct ofBorough business. He wished everyone aHappy New Year.

Councilwoman Norton congratulated Councilmen Manolio and Plawker on their re-election. Shewished everyone a Happy New Year.

Councilman Plawker thanked the residents for his re-election :' He pointed out the contri bution ofAssemblywoman Weinberg and Assemb lyman Johnson, who were in attendance. He wishedeveryone a Happy New Year.

Councilwoman Drimones congratulated Councilmen Manolio and Plawker on their re-election.She wished everyone a Happy New Year.

;

Councilman Manol io thanked the residents for re-electing him to Council. He wished everyone aHappy New Year.

Assemblywoman Weinberg and Assemblyman Johnson offered their congratulations toCouncilmen Manolio and Plawker. The complimented the Mayor and Council on the excellentway they conducted the business of the Borough and offered their assistance in matters thatinvolved the State of New Jersey.

ON A MOTION BY KASOFF, SECONDED BY PARISI, THE REORGANIZATIONMEETING WAS ADJOURNED AT 12 NOON. CARRIED.

ATTEST:

JOSEPH FAVARO, BOROUGH CLERK

APPRO VED:

JOSEPH C. PARISI, MAYOR

MAY 05 2009


2005-000027-REV1


.,

MAY 05 2009


2005-000028-REV1


05-27

BOROUGH OF ENGLEWOOD CLIFFSBERGEN COUNTY, NEW JERSEY

MINUTES OF THE CAUCUS MEETING OF JANUARY 12, 2005

CALL TO ORDER AT 6:30 P.M.


MayorCounci l PresidentCouncilmanCouncilwomanCouncilmanCouncilwoman

ABSENT AT ROLL CALL :

Councilman

ALSO PRESENT:

Borough AttorneyBorough EngineerChief Financial OfficerChief of PoliceSupt. ofPublic Works


Joseph C. ParisillanPlawkerThomas ManolioPatricia DrimonesJoseph Parisi , Jr. .Lynn Norton

Jerry Kasoff

..E. Carter Corriston, Esq.Edward MignoneJoseph Iannaconi, Jr.Lawrence WhitingRodney Bialko

Adequate notice of this meeting was given to the press and posted as required. Date and time of thismeeting was legally given as required by the "Open Public Meetings Act."This notice is on file with the Municipal Clerk and posted on the bulletin board.Minutes of this meetin g will be made available to t):Ie public upon the completion of typing andproofreading hy the Municipal Clerk.

On a motion by Manolio, seconded by Parisi, resolution 05-25 was offered for adoption:

AYES:ABSENT:

Plawker, Manolio, Drimones, Paris i, NortonKasoff

MAY 05 2009


2005-000029-REV1


05-28J ANUARY 12,2005

RESOLUTION 05-25RE: CLOSED SESSION

WHEREAS, N.J.S.A. 10:4-12 allows for a public body to go into closed session during apub lic meeting, and

WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs has deemed itnecessary to go into closed session to discuss certain matters which are exempted from the public,

NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Borough ofEnglewood Cliffs will go into closed session for the following reason as outlined in N J .S.A. 10:412:

Any pending or anticipated litigation.

Closed session began at 6:40 p.m. and ended at 7:30 p.m.

VOUCHERS WERE SIGNED BY THE FINANCE COMMITTEE.

MINUTES OF THE: Caucus Meeting of December 2004 and Regular Meeting of December 12,2004 were placed on the Regular Agenda for approval.

THE FOLLOWING REPORTS WERE PLACED ON THE REGULAR AGENDA FORAPPROVAL.

Police Report of December , 2004Court report of December, 2004Construction Code Official's Report of December, 2004Collector!Treasurer's Report of Nove mber, 2004Shade Tree Commission Annual Report of 2004

ACTION T AKEN ON THE FOLLOWING COMMUNICATIONS:

MUNICIPAL EN GINEER 2004 ROAD IMPROVEMENT PROGRAM

Resolution #05-18, approving paym ent ofEstimate #1, was placed on the regu laragenda for approval .

MUNICIPAL ENGINEER REHABILITATION OF FLOYD STREET

Reso lution #05-19, approving payment ofEstimate #1, was placed on the regularagenda for approval .

MAY 05 2009


2005-000030-REV1


05-29JANUARY 12, 2005

UNITED WATER RELOCATION OF HYDRANT, STRATFORD RD.

Resolut ion #05-20, approving the relocation of the Fire Hydrant was placed on the regularagenda for appro val.

CHIEF OF POLICE PARKING ON DILLINGHAM PLACE

Ordinance 2005-04 was placed on the regular agenda for appro val.

MUNICIPAL ENGINEER SEWER REHABILITATIO N, STAGE 7

Resolution 05-24 was placed on the regular agenda for approval.

THE FOLLOWING RESOLUTIONS WERE PLACED, ON THE REGULAR AGENDAFOR APPROVAL:

05-18 Estimate #1, 2004 Road Improvement05-19 Estimate #1, Floyd Street Rehabilitation05-20 United Wate r, Installation & Relocation ofFire Hydrant on Stratford Road05-21 2005 Bloodborne Pathogens Compliance Program05-22 Tax Sale Certificate Redemption05-24 Estimate # 1, Sewer Rehabilitation ofVarious Streets, Stage 7

THE FOLLOWING ORDINANCES WERE PLACED ON THE REGULAR AGENDA FORINTRODUCTION:

2005-01

2005-042005-05

Bond Ordinance, Acquisition ofProperty(05-23 Temporary Capital Budget Amendment)Amend Chapter VII, "Traffic", No ParkingBond Ordinance, Floyd Street

NEW BUSINESS: Sampson's Rock

It was reported that it would cost approximately $10,000 for the removal, transport toWitte Field and repair of any damage.

ADJOURN:

On a motion by Manolio, seconded by Norton, the meeting was adjourned at 7:55 p.m. Carried.

ATTEST:

JOSEPH FAVARO, MUNICIPAL CLERK

APPROVED:


MAY 05 2009


2005-000031-REV1


MAY 05 2009


2005-000032-REV1




MINUTES OF THE REGULAR MEETING OF JANUARY 12, 2005



MayorCouncil PresidentCouncilmanCouncilwomanCouncilmanCouncilwoman

ABSENT AT ROLL CALL:

Councilman

ALSO PRESENT:

Municipal AttorneyMunicipal EngineerChiefFinancial OfficerChief ofPoliceSuperintendent DPW

Joseph C. Parisillan PlawkerThomas ManolioPatricia DrimonesJoseph Parisi, Jr. .Lynn Norton

Jerry Kasoff

..E. Carter Corriston, Esq.Edward MignoneJoseph Iannaconi, Jr.Lawrence WhitingRodney Bialko



ADEQUATE NOTICE OF TIllS MEETING WAS GWEN TO THE PRESS AND POSTED ASREQUIRED. DATE AND TIME OF THIS MEETING WAS LEGALLY GWEN AS REQUIREDBY THE "OPEN PUBLIC MEETINGS ACT."TIllS NOTICE IS ON FILE WITH THE MUNICIPAL CLERK AND POSTED ON THEBULLETIN BOARD.MINUTES OF THIS MEETING WILL BE MADE AVAILABLE TO THE PUBLIC UPON THECOMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.

MAY 05 2009


2005-000033-REV1


05-31JANUARY 12, 2005

MINUTES OF THE FOLLOWING MEETINGS WERE ACCEPTED AS PRESENTED ONA MOTION BY PARISI, SECONDED BY MANOLIO, AND CARRIED.

Caucus Meeting of December 15, 2004Regular Meeting of December 15, 2004

THE FOLLOWING REPORTS WERE ORDERED FiLED ON A MOTION BY MANOLIO,SECONDED BY DRlMONES, AND CARRIED.

Police Report of December, 2004Court Report of December, 2004Construction Code Officials Report of December, 2004Collector Treasurer's Report of December, 2004Shade Tree Commission 2004 Annual Report

CLAIMS:

On a motion by Parisi, seconded by Manolio, the Claims for the month of January, 2005 wereordered paid.

Ayes:Absent:

Plawker, Manolio, Drimones, Parisi, NortonKasoff

MAY 05 2009


2005-000034-REV1


05-32JANUARY 12, 2005

RESOLUTIONS:

MAYOR PARlSI STATED:"IF ANYONE WISHES TO COMMENT ON ANY RESOLUTION TO BE ACTED ON rmsEVENING, THEY MAY DO SO ATTIDS TIME ."

On a motion by Parisi, seconded by Manolio, Resolution 05-18 was offered for adoption:

ROLLCALL:AYES:ABSENT:


RESOLUTION 05-18

TITLE: ESTIMATE #1,2004 Road Improvement Program '

WHEREAS, Boswell McClave Engineering has recommended that EstimateCertificate #1 in the amount of $337,958.68 be paid; and .

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of theBorough ofEnglewood Cliffs, does hereby approve the payment of $337,958.68to Tilcon New York for work completed on the 2004 Road Improvement Program.

On a motion by Manolio, seconded by Norton, Resolution 05-19 was offered for adoption:



RESOLUTION 05-19

TIT LE : Esti mate #1, Rehabilitation of F loyd St reet

WHEREAS, Boswell McClave Engineering has recommended that EstimateCertificate #1 in the amount of $121,670.59 be paid; and

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of theBorough ofEnglewood Cliffs, does hereby approve the payment of $121 ,670.59to Smith-Sondy Asphalt Company for work completed on the Rehabilitation of Floyd Street.



Plawker, Manolio, Drimooes, Parisi, NortonKasoff

MAY 05 2009


2005-000035-REV1


05-33JANUARY 12, 2005

RESOLUTION 05-20

TITLE: ORDER FOR HYDRANT

"RESOL VED, that United Water New Jersey, Inc. is hereby requested to erect a firehydrant at the following designated place, to be used for fire purposes only, in accordance withthe Rule s and Regulations of the Company, and its rates as set forth in its Schedule ofRates fliedwith the New Jersey Board of Puhlic Utilities in Newark, NJ"

LOCATION OF HYDRANT

X-35537 - Southwest corner ofK.im Hunter Road and Stratford Road.

On a motion by Manolio, seconded by Drimones, Resolution,05-21 was offered for adoption:

ROLL CALL:AYES:ABSENT:


RESOLUTION 05-21

..TITLE: BLOODBORNE PATHOGENS COMPLiANCE PROGRAM,

WHEREAS, there exists a need for the Borough of Englewood Cliffs to provide statemandated heal th servi ces of a teclmical and professional nature for the Bloodborne PathogensCompliance Program ; and

WHEREAS, the Bergen County Department of Health Services can assure compliancein accordance with P.E.O.S.H.A. as follows : Exposure Control Plan De velopment; Policies andProcedures, Training Programs; and RecordlReport Generation and Retention and hilling supportdocumentation; and

WHEREAS, the Bergen County Department of Health Services has agreed to providepublic health services through a contract agreement with the Borough of Englewood Cliffs ,Department of Health for the calendar year 2005 ; and

WHEREAS, the fee is to be in an amount not to exceed $2,200.00 for training andpurchase of the vaccine under State Contract based on $38.00 per vacc ination and fund s will beavai lable for this purpose; and

WHEREAS, it has been certified that this meets the statutes and regulations concerningthe award of said contract;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Boroughof Englewood Cliffs as follows :

MAY 05 2009


2005-000036-REV1


05-34JANUARY 12, 2005

1. That Joseph Favaro, Municipal Clerk is hereby authorized and directed to execute anagreement with the Bergen County Department of Health Services to perform public healthservices of a professional nature for the Bloodbome Pathogens Program for the period January I ,2005 through December 31, 200 5 at a cos t in an amount not to exceed $2,200.00 for tra iningand purcha se of the vaccine under State Contract based on $38.00 per vaccination; and

2. This contract is awarded without competitive bidding in accordance with N .J.S.A.40A: 11-5(2); and

BE IT FURTHER RESOLYED that the Chief Financial Officer has certified, inaccordance with N .J.A.C . 5:30-14.5 that sufficient legally appropriated funds will be avai lable forthis purpose subjec t to appropria tion of funds in the 2001 adopted-budget,

On a motion by Parisi, seconded by Manolio, resolution 05-22 was offered for adoption:

ROLL CALL:AYE S:ABSENT:


RESOLUTION 2005-22

RE: TAX SALE CERTIFICATE #2004-01, REDEMPTION

Whereas, TPS R eal Estate had purch as ed Tax Sale Certificate #2004-0 10n October 27,2004 on property commonly known as Block 409, Lot 13; and

Whereas, TPS Real Estate has paid a p remium of$25 ,400.00; and

Whereas, the tax sale certificate has been redeem ed;

Now, Therefore, be it Resolved, by the Mayor and Council of the Borough of EnglewoodCliffs, that the Tax Collector-Treasurer be authorized to issue a refund check drawn fromthe Current Account., Interchange Bank in the amount of $ 18,961.93 and a refund check forthe premium paid in the am ount of $25,400 .00 payabl e to:

TP S Real Estate16 Woodmere LaneTen afly, N J 07670

MAY 05 2009


2005-000037-REV1


05-35JANUARY 12,2005

On a motion by Parisi, seconded by Norton, resolution 05-24 was offered foradoption:


Plawker, Manol io, Drimones, Parisi , N ortonKasoff

RESOLUTION 05-24

TITLE: ESTIMATE #1, Sewer Rehabilitation of Various Streets, Stage 7

WHEREAS, Boswell McClave Engineering has recommended that Estimate

Certificate #1 in the amount of$46 ,795.00 he paid;

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the

Borough ofEnglewood Cliffs, does hereby approve the payment of $46,795.00

to M. lngannamorte & Son for work completed on the Sewer Rehabilitation of Various Streets,j

Stage 7.

On a motion by Plawker, seconded by Manolio, re solution 05-23 was offered foradoption:



RESOLUTION 2005-23

WHEREAS, the Borough of Englewood Cliffs desires to constitute the 2003 TemporaryCapital Budget of said municipality by inserting therein the following project.

NOW, THEREFORE BE IT RESOLVED by the Council of the Borough of EnglewoodCliffs as follows:

MAY 05 2009


2005-000038-REV1


05-36JANUARY 12, 2005

Section I . The 2005 Temporary Capital Budget of the Borough of Englewood Cliffs ishereby constituted by the adoption of the schedule to read as follows:

Temporary Capita l Budget of the

Borough ofEnglewood Cliffs

County ofBergen, New Jersey

Projects Scheduled for 2005

Method of Financing

Project:Acquisition ofProperty

Improvement ofFloyd Street

EstimatedTotal Cost

1,200,000

225,000

Grants

140,000

Capital ImprovementFund '

60,000

4,250

Bonds

1,140,000

80,750

;

Section 2. The Clerk be and is authorized and directed to file a certified copy of thisresolution with the Division ofLocal Government Services Department ofCommunity Affairs, StateofNew Jersey, within three days after the adoption of this project for 2005 Temporary CapitalBudget, to be included in the 2005 Permanent Capital Budget as adopted .

Councilman Parisi Introduced an Ordinance Entitled:

ORDINANCE INTROnUCTIQNORDINANCE 2005-01

AN ORDINANCE OF THE BOROUGH OF ENGLEWOOD CLIFFS,IN THE COUNTY OF BERGEN, NEW JERSEY, PROVIDING FORTHE ACQUISITION OF PROPERTY LOCATED AT 482 HUDSONTERRACE IN THE BORO UGH OF ENGLEWOOD CLIFFS ANDAPPROPRIATING $1,200,000 THEREFOR, AND AUTHORIZING

$1,140,000 IN BONDS OR NOTES OF THE BORO UGH OFENGLEWOOD CLIFFS TO FINANCE THE SAME.

MAY 05 2009


2005-000039-REV1


05-37J ANUARY 12,2005

Mr. Parisi moved the ordinance be given its first reading. So ordered.The Municipal Clerk read the said ordinance by title. Mr. Parisi moved the ordinancebe adopted on first reading and published in the Press Journal on January 20, 2005.The public hearing to be held on February 16, 2005 . Motion was seconded by Mr. Manolio.The ordinance was approved at the first reading upon the call ofthe roll.

AYES:ABSENT:


ORDINAN€E INTROIDJCTION

Councilman Parisi Introduced an Ordinance E ntitled:

ORDINANCE 2005-04

AN ORDINANCE AMENDING CHAPTER vnENTITLED "TRAFFIC ..

SPECIFICALLY SUBSECTIqN 7-3.5,SCIlEDULE ill - NO PARKING, STOPPING OR STANDIN G

AYES:ABSENT:


Councilman Parisi introduced an Ordinance Entitled:

ORDINANCE 2005-05

AN ORDIN ANCE OF TIlE BOROUGH OF EN GLEWOOD CLIFFS IN T HE COUNTYOF BERGEN, NEW JERSEY, AMENDING ORDINANCE NO.2003-07 OF THEBOROUGH FIN ALLY ADOPT ED ON APRIL 23, 2003 , PROVIDING F O R THE

IMPROVEMENT S T O FLOYD STREET IN AND FOR TIlE BOROUGH OFEN GLEWO OD CLIFFS AND APPRO PRIAT ING $225,000 THEREFOR AND

PROVIDING FOR THE ISSUANCE OF $80,750 IN BONDS OR NOTES OF TIlEBOROUGH OF ENGL E W OOD CLIFFS TO FINANCE THE SAME.

Mr. Parisi moved the ordinance be given its first reading. So ordered.TIle Municipal Clerk read the said ordinance by title. Mr. Parisi moved the ordinancebe adopted on first reading and published in the Press Journal on January 20, 2005The public hearing to be held on February 16, 2005 Motion was seconded by Ms. Norton.The ordinance was approved at the first reading upon the call of the roll.

MAY 05 2009


2005-000040-REV1


05-38J ANuARY 12, 2005



COMMITTEE REPORTS:

COUNCILMAN PARISI: Public Safety

Councilman Parisi reported that the Chamber of Commerce will have their next meeting atthe Assembly Restaurant.

Mr. Parisi reported that the following police officers celebrated the following anniversaries.

Captain Gallagalier:Lt. CioffiSgt. Rice

36 years .21 years18 years

He also reported that Chief Whiting has been asked to research the placing of speed humpson certain streets.

The parking ordinance introduced this evening is to prevent out of towners from parking onDillingham Place all day long. It does not affect residents.

COUNCILWOMAN NORT ON: Recreation, Community Events

The Councilwoman reported on the following recreation activit ies :

Basketball started last week;The leagues at the Teaneck armory bas just been cmpleted;Indoor soccer has just started;The Little League has conducted its draft for next year and will start practice soon.Women's aerobics and adult basketball are held on Tuesday nights at Upper school.

COUNCILMAN PLAWKER: Finance, Historical

Councilman Plawker offered the Councils condolences to Ms . l ebo on the passingofher husband, Russe ll, last week. He asked Ms . l ebo if she would still be editingthe Views on the Cliffs Newsletter. She said she would, but would probably needhelp. Mr. Plawker stated that he would try to find her help.

COUNCILWOMAN DRIMONES: Sanitation, Ambulance Corps , Planning Board,Beautification, Board ofEducation

Councilwoman Drimones reported that the Planning Board will be meetingtomorrow night and the School Board meets next week.

MAY 05 2009


2005-000041-REV1


05-39JANUARY 12, 2005

COUNCILMAN MANOLIO : DPW , Building & Grounds, Recycling, Bd. Of Adj.

Councilman Manolio reported that the Board of Adjustment chose Michael Marinuzzi as itsChairman. The February meeting of the Board will be held on the 7"' instead of the 14"'.

The Department of Public Works has receive two new trucks.

SUPERINTENDENT OF PUBLIC WORKS:

Mr. Bialko stated that 2 of the 3 trucks ordered have been received.

PUBLIC PORTION: On a motion by Manolio, seconded by Plawker, the meeting was opened tothe public . Carried.

Ms. Sank asked what the subject of the closed session was. She was told that it wasanticipated litigation.

On a motion by Norton, seconded by Manolio, the public portion of the meeting was closed.Carried.

On a motion by xxxxxxxxxx, seconded by xxxxxxxxxx, the meeting was adjourned at xxxxxxxxxx,p.m.

ATTEST:

JOSEPH FAV ARO, MUNICIPAL CLERK

APPROVED:


MAY 05 2009


2005-000042-REV1




MINUTES OF THE CAUCUS MEETING OF FEBRUARY 16, 2005


PRES ENT AT ROLL CALL:


ALS O PRESENT:

Borough AttorneyBorough EngineerChief of PoliceSupt. of Public Works


Joseph C. Parisinan PlawkerThomas ManolioPatricia DrimonesJerry KasoffJoseph Parisi, Jr. .Lynn Norton

Kevin Corriston, Esq.Rick McGrathLawrence WhitingRodney Bialk"o

j

Adequate notice of this meeting was given to the press and posted as required. Date and time of thismeeting was legally given as required by the "Open Public Meetings Act."This notice is on file with the Municipal Clerk and posted on the bulletin board.Minutes of this meeting will be made available to the public upon the completion of typing andproofreading by the Municipal Clerk.

On a motion by Manolio, seconded by Plawker, resolution 05-30 was offered for adoption:


WHEREAS, N.J .S.A. 10:4-12 allows for a public body to go into closed session during apublic meeting, and


NOW, THEREFORE BE IT RESOLVED , that the Mayor and Council of the Borough ofEnglewood Cliffs will go into closed session for the following reason as outlined in N.J.S.A. 10:412:

MAY 05 2009


2005-000043-REV1


05-41FEBRUARY 16,2005

Contract NegotiationTax Appeals

Anticipated Employment

Closed sess ion began at 6:35 and ended at 7:15.


MINUTES OF THE: Reorganization Meeting of January 2, 2005, Caucus Meeting of January 12,2005, and Regular Meeting of January 12, 2005 were placed on the Regular Agenda for approval.


Police Report of January, 2005Court report of January, 2005Construction Code Official's Report of January, 2005Collector/Treasurer's Report ofDecember, 2004

ACTION TAKEN ON THE FOLLOWING COMMUNICATIONS:

STEVEN MUHLSTOCK, ESQ. TAX APPEAL, BEYER


STEVEN MUHLSTOCK, ESQ. TAX APPEAL, SYLVAN ASSOC., LLC

Resolution 05-34 was placed on the regular agenda for approval

STEVEN MUHLSTOCK, ESQ. TAX APPEAL, CITICORP

Resolution 05-35 was placed on the regular agenda for approvalTHE FOLLOWING RESOLUTIONS WERE PLACED ON THE REGULAR AGENDAFOR APPROVAL :

05-27 Accept Donation to Englewood Cliffs Police Department - Montamy Fund05-28 Authorize Expenditure of funds from Recycling Trust Account05-31 Tax Appeal Block 513, Lot 1, Block 513, Lot 3, Block 512, Lots 1 & 705-32 Accept Donation to Englewood Cliffs Police Department- EC Chamber ofCommerce05-33 Authorize increase in Deferred School Taxes05-34 Tax Appeal Block 1201, Lot 9.0205-35 Authorize Boswell Engineering to prepare conceptual site plan


MAY 05 2009


2005-000044-REV1


0542FEBRUARY 16, 2005

2005-06

2005-07

Bond Ordinance, Acquisition of Proper ly(Res. 05-26 Temporary Capital Budget Amendment)

Amend Chapter VII, "Parking" No Parking

THE FOLLOWING ORDINANCES WERE PLACED ON THE REGULAR AGENDA FORSECOND READING/ PUBLIC HEARING.

2005-012005-042005-05

OLD BUSINESS:

Bond Ordinance, Acquisition of ProperlyAmend Chapter Vll, "Traffic", No ParkingBond Ordinance, Floyd Street

Chief Whiting reported that he looked into the possihility of installing speed humps, both stationaryand portable. He solicited the opinion of his traffic bureau, the'Fire Department and the AmbulanceCorps. The recommendation is not to pursue the installation of speed bumps. These bumps can behazardous to emergency vehicles as well as the DPW snow plowing eqnipment. Therecommendation is to increase the amount of signage throughout the borough regarding speed limits.

REPORTS:POLICE:Chief Whiting reported that he met with the New Jersey De'partment of Transportation regardingvarious issues that remained to be addressed concerning the widening project of State Highway 9W.The Bergen County Department of Transportation also attended the meeting. They discussed theirdesire to install an east/west turn arrow with the light for traffic coming from Palisade Avenue.

ADJOURN:

On a motion by Parisi, seconded by Manolio, the meeting was adjourned at 7:43 p.m. Carried,

ATTEST:

Deborah Fehre, Deputy Municipal Clerk

APPROVED:


MAY 05 2009


2005-000045-REV1


05-43


MINUTES OF THE REGULAR MEETING OF FEBRUARY 16, 2005




ALS O PRESENT : .

Municipal AttorneyMunicipal EngineerChief of PoliceSuperintendent DPW

FLAG SALUTE LEAD BY:

Councilman nan Plawker


Joseph C. Parisinan PlawkerThomas ManolioPatricia DrimonesJerry KasoffJoseph Parisi, Jr.Lynn Norton

Kevin Corriston, Esq.Rick McGrathLawrence Whiting,Rodney Bialko,

ADEQUATE NOTICE OF THIS MEETING WAS GIVEN TO THE PRESS AND POSTED ASREQUIRED . DATE AND TIME OF THIS MEETING WAS LEGALLY GIVEN AS REQUIREDBY THE "OPEN PUBLIC MEETINGS ACT."THIS NOTICE IS ON FILE WITH THE MUNICIPAL CLERK AND POSTED ON THEBULLETIN BOARD.MINUTES OF THIS MEETING WILL BE MADE AVAILABLE TO THE PUBLIC UPON THECOMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.

MAY 05 2009


2005-000046-REV1


05-44February 16, 2005

MINUTES OF THE FOLLOWING MEETINGS WERE ACCEPTED AS PRESENTED ONA MOTION BY MANOLIO, SECONDED BY PARISI, AND CARRIED.

Re-Organization Meeting ofJanuary 2, 2005Caucus Meeting of January 12, 2005Regular Meeting of January 12, 2005

THE FOLLOWING REPORTS WERE ORDERED FILED ON A MOTION BY PARISI,SECONDED BY MANOLIO, AND CARRIED.

Police Report of January, 2005Court Report of January, 2005Construction Code Officials Report of January, 2005Collector Treasurer 's Report of December, 2004

CLAIMS:

On a motion by Plawker, seconded by Manolio, the Claims for the month of January, 2005 wereordered paid.

Ayes: Plawker, Manolio, Drimones, Kasoff.Parisi, NortonNays:

MAY 05 2009


2005-000047-REV1


05-45February 16, 2005

RESOLUTIONS:

MAYOR PARISI STATED:"IF ANYONE WISHES TO COMMENT ON ANY RESOLUTION TO BE ACTED ON TIllSEVENING, THEY MAY DO SO AT TIllS TIME."

On a motion by Plawker, seconded by Drimones, the meeting was opened to public commentregarding the resolutions before the council.

The following people spoke:

Mrs. Sank asked for clarification on the tax appeal resolutions.

On a motion by Parisi, seconded by Drimones, Resolution 05-27 was offered for adoption:

ROLL CALL:AYES :

TITLE:

Plawker, Mano lio, Drimones, Kasoff, Parisi, Norton

RESOLUTION 05-27 .'

ACCEPT DO NATION TO ENGLEWOOD CLIFFS POLICE DEPT.

WHEREAS, The Montamy Fund has donated $1,000.00 to the Englewoo d Cliffs PoliceDepartment; and

WHEREAS, a check in the amount of $1,000.00 has been received by the Borough andhas been deposited in the Borou gh's account;

NOW, THEREFORE,

BE IT RESOLVED that the Englewood Cliffs Mayor and Council does hereby acceptthe generous donation ofThe Montamy Fund.


ROLLCALL:AYES : Plawker, Manolio, Drimones, Kasoff, Parisi, Norton

MAY 05 2009


2005-000048-REV1


05-46February 16, 2005

RESOLUTION 05-28

TITLE: AUTHORIZE EXPENDITURE OF FUNDS FROM THE RECYCLiNGTRUST ACCOUNT

WHEREAS, There is sufficient funds in the Recycling Trust Account

WHEREAS, The Department of Public Works is in need of a new vehicle

NO W, THEREFORE,

BE IT RESOLYED that the Englewood Cliffs Mayor and Council does hereby authorizethe Superintendent to the Department of Public Works to purchase said vehicle recognizing thatthe purchase will be in accordance with the state statutes regarding the use of public funds forpurchasing.

On a motion by Drimones, seconded by Manolio, Resolution .05-31 was offered for adoption:


RESOLUTION 05-31

WHEREAS, Kenneth Beyer of the owne r of four lots, including a restaurant facilitylocated at 487 Sylvan Avenue, also known and designated as Block 513, Lot I ; Block 513, Lot 3;and Block 512, Lots I and 7; and

WHEREAS, taxpayer has fried tax appea ls for 2003 and 2004 , challenging the totalassessment of $3,063,000; and

WHEREAS, discovery has been completed and settlement conference held in the TaxCourt; and

WHEREAS, settlement has been negotiated and recommended;

NOW, THEREFORE BE IT

RESOLYED by the Mayor and Coun cil of the Borough of Englewood Cliffs that the tax attorneybe and he is hereby authorized to effectuate settlement of the matter entitled Beyer vs. Enl!lewoodCliffs, so that the 2003 and 2004 assessments will be reduced from a total of $3,063,000 for eachyear to a total of $2,863,000 for each year; and be it further

MAY 05 2009


2005-000049-REV1


05-41February 16,2005

RESOLYED, that these settlements are predicated upon the taxpayer's waiver of anyprejudgment interest.


ROLL CALL:AYES:

TITLE:

Plawker, Manolio, Drimones, Kasoff, Parisi, Norton

RESOLUTION 05-32

ACCEPT DONATION TO ENGLEWOOD CLIFFS POLICE DEPT.

WHEREAS, The Englewood Cliffs Chamber of Commerce has donated $1,000.00 to theEnglewood Cliffs Police Department; and

WHEREAS, a check in the amount of $1,000.00 has been received by the Borough andhas been deposited in the Borough's account;

NOW, THEREFORE,

BE IT RESOLYED that the Englewood Cliffs Mayor and Council does hereby acceptthe generous donation of The Englewood Cliffs Chamber of Commerce.

On a motion by Plawker, seconded by Drimones, Resolution 05-33 was offered for adoption:

ROLLCALL:AYES:

TITLE:


RESOLUTION 05-33

AUTHORIZING INCREASE IN DEFERRED SCHOOL TAXESFOR LOCAL SCHOOL TAXES

WHEREAS, the Division of Local Government services requires that the Governing Bodyof any municipality which has Deferred School Taxes must authorize any increase in the deferral ofany additional amounts; and

WHEREAS, the Governing Body has decided that an increase in Deferred School taxesis in tbe best interest ofthe Borough at this time;

MAY 05 2009


2005-000050-REV1


05-48February 16,2005

NOW, THEREFORE BE IT RESOLYED by the Governing Body that the following DeferredSchool Taxes be hereby increased for the year ended December 31, 2004 as follows:

Deferred LocalSchool Taxes

Amount Deferred 12/31/04Amount Deferred 12/31/03

$3,756,293.003,572,500.00

BE IT FURTHER RESOLYED by the Governing Body that a Certified copy of thisresolution be filed with the Director of the Division of Local Government Services.

On a motion by Drimones, seconded by Mauolio, resolutien'05-34 was offered for adoption.

ROLL CALL:AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton

RESOLUTION 05-34

WHEREAS, Sylvan Associ ates, LLC is the owner of910-920 Sylvan Avenue,designated as Block 1201, Lot 9.02; and

WHEREAS, tax appeals are presently pending with regard to challenges of the 2003 and2004 assessments and will be, shortly, with respect to the 2005 assessment; and

WHEREAS; discovery has been completed and settlement discussions conducted andrecommended; and

NOW, THEREFORE BE IT

RESOLYED by the Mayor and Council of the Borough of Englewood Cliffs that the taxattorney be and he is hereby authorized and directed to execute any and all documents necessaryin order to effectuate settlement of the presently pending litigation entitled Sylvan Associates v.Englewood Cliffs, so that the appeal for tax year 2003 will be withdrawn; the 2004 assessmentreduced from $29,825,000 to $29 million; and the assessment for 2005, the complaint of whichhas not yet been filed, reduced to $25.5 million; and be it further

RESOLYED, thattbese settlements are predicated upon the taxpayer 's waiver of anyprejudgment interest.

On a motion by Drimones, seconded by Manolio, resolution 05-35 was offered for adoption.

ROLLCALL:AYES:ABSTAiN:


MAY 05 2009


2005-000051-REV1


05-49February 16, 2005

RESOLUTION 05-35

WHEREAS, Citicorp has filed real property tax appeals for years 2002 , 2003 and 2004 ,which are presently pending in the Tax Court of New Jersey; and

WHEREAS, one of the issues within the valuation process will be the total amount ofsquare feet which could be built on the property if the property were vacant; and

WHEREAS, in order to illustrate this to the Court, the Borougb requires the services ofits Borough Engineer to design a conceptua l site plan;

NOW, THEREFORE, BE IT

RESOLYED by the Mayor and Council of the Borough ofEnglewood Cliffs tbatBoswell McClave engineering be and is hereby authorized and directed to prepare a conceptualsite plan showing the maximum building content that could be constructed on the Citicorpproperty if the land were vacant; and be it further

RESOLYED, that Boswell McClave Engineering shall be compensated to a maximumsum of $5,000 for the cost thereof, billing the Borough at its usual engineering rates.

On a motion by Plawker, seconded by M anolio , resolution 05-26 was offered for adoption.


Re solution 05-26

WHEREAS, the Borough of Eng lewood Cliffs desires to const itute the 2005 TemporaryCapital Budget of said municipality by inserting therein the following project.

NOW, THEREFORE BE IT RESOLVED by the Co uncil of th e Borough of

Englewo od Cliffs as fo llows:

Secti on 1. The 20 05 Temporary Capital Budget of th e Borough of EnglewoodCliffs is hereb y constituted by the adoption of th e schedule to read as follows :

Temporary Capital Budget of th e

Borough of Englewood Cliffs

County of Bergen , New Jersey

MAY 05 2009


2005-000052-REV1


05-50February 16,2005

Projects Scheduled for 2005

Method of Financing

CapitalEstimated Budget Improvement Capital

Project: Costs Grants Appr. Fund Fund Surplus BondsAcquisitionofProperty 1,000,000 50,000 950,000

Section 2. The Clerk be and is authorized and directed to file a certified copy ofthi s resolution with the Division of Local Government Services Department ofCommunity Affairs, State of New Jersey, within three days after the adoption of thisproject for 2005 Temporary Capital Budget, to be included in"the 2005 Permanent CapitalBudget as adopted.

COUNCiLWOMAN DRlMONES INlRODUCED AN O~INANCE ENTiTLED:

ORDINANCE lNTRODUCTIO

ORDINANCE 2005-06

AN ORDINANCE OF THE BOROUGH OF ENGLEWOOD CLIFFS, IN THECOUNTY OF BERGEN, NEW JERSEY, PROVIDING FOR THE ACQUISITION OFPROPERTY LOCATED AT 476 HUDSON TERRACE AND 4 CLENDINEN PLACEIN THE BOROUGH OF ENGLEWOOD CLIFFS AND APPROPRIATING $1,000,000THEREFOR, AND AUTHORIZING $950,000 IN BONDS OR NOTES OF THEBOROUGH OF ENGLEWOOD CLIFFS TO FINANCE THE SAME

CouncilwomanDrimonesmoved the ordinance be given its first reading. So ordered.The Deputy Municipal Clerk read the said ordinance by title. Councilwoman Drimones moved theordinancebe adoptedon first reading and published in the Press Journal on February 24, 2005.The publichearing to be held on March 16, 2005. Motion was secondedby CounciImanManolio.The ordinance was approved at the first reading upon the call of the roll.

AYES: Plawker, Manolio,Drimones, Kasoff, Parisi, Norton

MAY 05 2009


2005-000053-REV1


05-51February 16, 2005

COUNClLMAN PARtS1INTRODUCED AN ORDINANCE ENTITLED:

ORDINANCE 2005-07

AN ORDINANCE AMENDING CHAPTER VII,SECTION 7-3 ENTITLED "PARKIN G"SPECIFICALLY SUBSECTION 7-3.5,

SCHEDULE III - NO PARKING, STOPPING OR STANDINGOF THE REVISED GENERAL ORDINANCES OF

THE BOROUGH OF ENGLEWOOD CLIFFSCOUNTY OF BERGEN, STATE OF NEW JERSEY

Counci lman Parisi moved the ordinance be given its first reading. So. ordered.The Deputy Municipal Clerk read the said ordinance by title. Councilman Parisi moved theordinance be adopted on first reading and published in the Press Journal on February 24, 2005 .TIle public hearing to be held on March 16, 2005. Motion was seconded by CouncilwomanDrimones. The ordinance was approved at the first reading upon'the call of the roll.,


ORDINANCES: PUBLIC HEARING AND ADOPTION

COUNCILMAN PARISI CALLED UP FOR SECOND READING AN ORDINANCEENTITLED:

ORDINANCE 2005-01

The deputy clerk presented affidavit of publi cation, showing that advertisement had been madeaccording to law, which was ordered filed. Councilman Parisi moved a public hearing be held on theordinance. So ordered. Councilman Parisi moved the clerk read the ordinance by title on secondreading. So ordered. The clerk thereupon read the ordinance by title. The mayor then announcedthat all interested parties would now be given opportunity to be heard for or against the adop tion ofthe ordinance.

The following people spoke on the ordinance:

Mrs . Sank asked if the acquisition included the buildings or was it just for the land.

After all interested parties had spoken on the ordinance; Councilman Plawker moved the hearing beclosed. So ordered.

MAY 05 2009


2005-000054-REV1


05-52February 16, 2005

Councilman Plawker moved the ordinance be adopted on second reading and final passage, whichmotion was secondedby CouncilmanParisi and adoptedupon a call of the roll.

ROLLCALL:AYES : Plawker, Manolio, Drimones, Kasoff, Parisi, Norton

ORDINANCE NO. 2005-01

AN ORDINANCE OF THE BOROUGH OF ENGLEWOODCLIFFS, IN THE COUNTY OF BERGEN, NEW JERSEY,PROVIDING FOR THE ACQUISITION OF PROPERTY

LOCATED AT 482 HUDSON TERRACE IN THE BOROUGH OFENGLEWOOD CLIFFS AND APPROPRIATING $1,200,000

THEREFOR, AND AUTHORIZING $1,140',000 IN BONDS ORNOTES OF THE BOROUGH OF ENGLEWOOD CLIFFS TO

FINANCE THE SAME

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE BOROUGH OFENGLEWOOD CLIFFS, IN THE COUNTY OF BERGEN, NEW JERSEY (not less thantwo thirds of all members thereof affirmatively concurring), AS FOLLOWS:

Section 1. The improvement or purpose described in Section 3 of this bondordinance is hereby authorized to be undertaken by the Borough of Englewood Cliffs, in theCounty of Bergen, New Jersey (the "Borough") as a general improvement. For the improvementor purpose described in Section 3 hereof, there is hereby appropriated the sum of $1,200,000,including the sum of $60,000 as the down payment required by the Local Bond Law. The downpayment has been made available by virtue ofprovision in the capital improvement fund in one ormore previously adopted budgets.

Section 2. In order to finance the cost of the improvement or purpose not coveredby application of the down payment or otherwise provided for hereunder, negotiable bonds arehereby authorized to be issued in the principal amount of$I,140,000 pursuant to the Local BondLaw. In anticipation of the issuance of the bonds, negotiable bond anticipation notes are herebyauthorized to be issued pursuant to and within the limitations prescribed by the Local Bond Law.

Section 3. (a) The improvement hereby authorized and the purpose for thefinancing of which the bonds are to be issued is for the acquisition of the real property known as482 Hudson Terrace, also known as Block 513, Lot 6, on the Tax Map of the Borough ofEnglewood Cliffs, and including all work and materials necessary therefor or incidental thereto.

(b) The estimated maximum amount of bonds or notes to be issued for theimprovement or purpose is as stated in Section 2 hereof.

(c) The estimated cost of the improvement or purpose is equal to the amountof the appropriation herein made therefor.

MAY 05 2009


2005-000055-REV1


05-53February 16, 2005

Section 4. All bond anticipation notes issued hereunder shall mature at such times as maybe determined by the chief financial officer; provided that no note shall mature later than one yearfrom its date. The notes shall bear interest at such rate or rates and be in such form as may bedetermined by the chief financial officer. The chief financial officer shall determine all matters inconnection with notes issued pursuant to this bond ordinance, and the chief financial officer'ssignature upon the notes shall be conclusive evidence as to all such determinations. All notesissued hereunder may be renewed from time to time subject to the provisions of the Local BondLaw. The chief financial officer is hereby authorized to sell part or all of the notes from time totime, at not less than par and accrued interest, at public or private sale and to deliver them to thepurchasers thereof upon receipt of payment of the purchase price plus accrued interest from theirdates to the date of delivery thereof. The chief financial officer is directed to report in writing tothe governing body at the meeting next succeeding the date when any sale or delivery of the notespursuant to this bond ordinance is made. Such report must include the amount, the description,the interest rate and the maturity schedule of the notes sold, the price obtained and the name ofthe purchaser.

Section 5. The capital budget or temporary capital budget (as applicable) of theBorough is hereby amended to conform with the provisions of this bond ordinance to the extentof any inconsistency herewith. In the event of any such inconsistency and amendment, theresolution in the form promulgated by the Local Finance Board showing full detail of theamended capital budget or amended temporary capital budget ~as applicable) and capital programas approved by the Director of the Division of Local Government Services is on file with the,Borough Clerk and is available there for public inspection.

Section 6.and stated:

The following additional matters are hereby determined, declared, recited

(a) The improvement or purpose described in Section 3 of this bondordinance is not a current expense. It is an improvement or purpose the Borough may lawfullyundertake as a general improvement, and no part of the cost thereof has been or shall be speciallyassessed on property specially benefited thereby.

(b) The period of usefulness of the improvement or purpose, within thelimitations of the Local Bond Law, according to the reasonable life thereof computed from thedate of the bonds authorized by this bond ordinance, is 40 years.

(c) The Supplemental Debt Statement required by the Local Bond Law hasbeen duly prepared and filed in the office of the Deputy Clerk, and a complete executed duplicatetbereof has been filed in the office of the Director of the Division of Local Government Servicesin the Department of Community Affairs of the State of New Jersey. Such statement shows thatthe gross debt of the Borough as defined in the Local Bond Law is increased by the authorizationof the bonds and notes provided in this bond ordinance by $1,140,000 and the issuance of theobligations authorized herein will be within all debt limitations prescribed by that law.

(d) An aggregate amount not exceeding $25,000 for items of expense listedin and permitted under NJ .S.A. 40A:2-20 is included in the estimated cost indicated herein forthe purpose or improvement.

MAY 05 2009


2005-000056-REV1


05-54February 16, 2005

(e) The: Borough reasonably expect s to commence the project described inSection 3 hereof, and to advance all or a port ion of the costs in respect thereof, prior to theissuance of bonds or notes hereunder. To the extent such costs are advanced, the Borough furtherreasonably expects to reimburse such expenditures from the proceeds of the bonds or notesauthorized by this bond ordinance, in an aggregate not to exceed the amount of bonds or notesauthorized in Section 2 hereof

Section 7. Any grant moneys received for the purposes described in Section 3hereof shall be applied either to direct payment of the cost of the improvements or to payment ofthe obligat ions issued pursuant to this bond ordinance. The amount of obligations authorized butnot issued hereunder shall be reduced to the extent that such funds are applie d to the payment ofobligations issued pursuant to this bond ordinance.

Section 8. The full faith and credit of the Borough is hereby pledged to the punctualpaym ent of the principal of and the interest on the obligations authorized by this bond ordinance.The obligations shall be direct, unlimited obligations of the Borough, and the Borough shall beobligated to levy ad valorem taxes upon all the taxable real property within the Borough for thepayment of the obligations and the interest thereon without limitation of rate or amount.

Section 9. The Borough hereby covenants to take any action necessary or refrainfrom taking such action in order to pres erve the tax-exel1)pt status of the bonds and notesauthorized hereunder and issued as tax -exempt bonds or notrs as is or may be requ ired under theInternal Revenue Code of 1986, as amended, and the regulations promulgated thereunder (the"Code"), including compliance with the Code with regard to the use, expenditure, investment ,timely reporting and rebate of investment earnings as may be required thereunder.

Section 10. To the extent that any previous ordinance or resolution is inconsistentherewith or contradictory hereto, said ordinance or resolution is hereby repealed or amended totheextent necessary to make it consistent herewith.

Section 11. This bond ordinance shall take effect 20 days after the first publicationthereof after final adoption, as provided by the Local Bond Law .

COUNCILWOMAN DRIMONES CALLED UP FOR SECOND READING ANORDINANCE ENTITLED:

ORDINANCE 2005-04

The deputy clerk presented affidavit of publicat ion, showing that advertisement had been madeaccording to law, which was ordered filed. Councilwoman Drimones moved a public hearing beheld on the ordinance. So ordered. Councilwoman Drimones moved the clerk read the ordinance bytitle on second reading. So ordered. The clerk thereupon read the ordinance by title. The mayorthen announced that all interested parties would now be given opportunity to be heard for or againstthe adoption of the ordinance.

MAY 05 2009


2005-000057-REV1


05-55February 16, 2005

The following people spoke on the ordinance :

Mrs. Sank asked for the location of the parking change.

After all interested parties had spoken on the ordinance; Councilman Parisi moved the hearing beclosed. So ordered.

Councilman Manolio moved the ordinance be adopted on second reading and final passage, whichmotion was seconded by Councilman Parisi and adopted upon a call of the roll.

AYE: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton

ORDINANCE 2005-04

AN ORDINANC E AMENDING CHAPTER vnENTITLED "TRAFFIC'~

SP ECIFICALLY SUBSECTION 7-3.5,SCHEDULE ill-NO PARKING, STOPPIN~OR STANDING

BE IT ORDAINED by the Mayor and Council of the Borough of Englewood Cliffs thatChapter VIT, SCHEDULE ill-NO PARKING, STOPPING OR STANDING shall be amendedto include the following:

SCHEDULE ill

NO PARKING, STOPPING OR STANDING

In accordance with the provisions of subsection 7-3.5, no person shall park a vehicle forlonger than the time shown on any of the following described streets or part s of streets.

Nam e of Street

Dillingham Place Both I hourAll Days

Not Applicable to residents

Location

From Sylvan Avenuewest to Floyd Court

BE IT F URTHER ORDAINED that all ordinances or parts of ordinances other than thezoning ordinance of the Borough which are inconsistent with the provisions of this chapter arehereby repealed to the extent of such inconsistency; and

BE IT FURTHER ORDAINED should any part or provision of this Ordinance be heldunconstitutional or invalid, such decision ·shall not affect the validity of this Ordinance as a wholeor any part thereof, other than the part held so unconstitutional or invalid.

MAY 05 2009


2005-000058-REV1


05-56February 16, 2005

BE IT FURTHER ORDAINED that this Ordinance shall become effective uponadoption and publication in accordance with law.


ORDINANCE 200S-05

The deputy clerk presented affidavit of publication, showing that advertisement had been madeaccordingto law, which was ordered filed. CouncilmanParisi moved a public hearing be held on theordinance. So ordered. Councilman Parisi moved the clerk read the ordinance by title on secondreading. So ordered. The clerk thereupon read the ordinance by title. The mayor then announcedthat all interested parties would now be given opportunity to be heard for or against the adoption ofthe ordinance.

After ample opportunity had been given and no one responding Councilman Plawker moved thehearing be closed. So ordered.

Councilwoman Norton moved the ordinance be adopted on second reading and final passage, whichmotion was seconded by Councilwoman Drimones and adopted upon a call of the roll.



AN ORDINANCE OF THE BOROUGH OFENGLEWOOD CLIFFS IN THE COUNTY OF BERGEN,NEW JERSEY, AMENDING ORDINANCE NO. 2003-07OF THE BOROUGH FINALLY ADOPTED ON APRIL23, 2003 , PROVIDING FOR IMPROVEMENTS TOFLOYD STREET IN AND FOR THE BOROUGH OFENGLEWOO D CLIFFS AND APPROPRIATING$22 5,000 THERE FOR AND PROVIDING FOR THEISSUANCE OF $80,750 IN BONDS OR NOTES OF THEBOROUGH OF EN GLEWOOD CLIFFS TO FINANCETHE SAME

BE IT ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH OFENGLEWOOD CLIFFS, IN THE COUNTY OF BERGEN, NEW JERSEY (not lessthan two-thirds of all members thereof affirmatively concurring) , AS FO LLOWS:

MAY 05 2009


2005-000059-REV1


05-57February 16,2005

Section A. Bond Ordinance No. 2003-07 of the Borough of EnglewoodCliffs, in the County of Bergen, New Jersey, finally adopted on April 23, 2003 (the "PriorOrdinance"), is hereby amended in ful1 to read as fol1ows:

Section I . The improvement or purpose described in Section 3 of thisbond ordinance is hereby authorized to be undertaken by the Borough of EnglewoodCliffs, in the County of Bergen, New Jersey (the "Borough") as a general improvement.For the improvement or purpose described in Section 3 hereof, there is herebyappropriated the sum of money therein stated as the appropriation made for theimprovement or purpose, such sum amounting to $225,000 (representing an increase of$40,000 from the Prior Ordinance), and including $140,000 (representing an increase of$140,000 from the Prior Ordinance) expected to be received as a grant from the NewJersey Department of Transportation and including the sum of $4,250 (representing anincrease of $4,250 from the Prior Ordinance) as the down payment for the improvementor purpose required by the Local Bond Law. The down payment has been made availableby virtue of provision in the capital improvement fund in one or more previously adoptedbudgets.

Section 2. In order to finance the cost of the improvement or purposenot covered by application of the down payment or otherwise provided for hereunder,negotiable bonds are hereby authorized to be issued in.the principal amount of $80,750(representing a decrease of $104,250 from the Prior Ordinance) pursuant to the LocalBond Law. In anticipation of the issuance of the bonds, negotiable bond anticipationnotes are hereby authorized to be issued pursuant to and within the limitations prescribedby the Local Bond Law.

Section 3. (a) The improvement hereby authorized and thepurpose for which the bonds are to be issued is to provide various improvements to FloydStreet in the Borough, including al1 work and material s necessary therefor or incidentalthereto.

(b) The estimated maximum amount of bonds or notesto be issued for the improvement or purpose is as stated in Section 2 hereof.

(c) The estimated cost of the improvement or purposeis equal to the amount of the appropriation herein made therefor.

Section 4. All bond anticipation notes issued hereunder shall mature atsuch times as may be determined by tbe chief financial officer; provided that no noteshall mature later than one year from its date. The notes shall bear interest at such rate orrates and be in such form as may be determined by the chief financial officer. The chieffinancial officer shal1 determine al1 matters in connection with notes issued pursuant tothis bond ordinance, and the chief financial officer's signature upon the notes shall beconclusive evidence as to all such determinations. Al1 notes issued hereunder ma y berenewed from time to time subject to the provisions of the Local Bond Law. The chieffinanci al officer is hereby authorized to sell part or all of the notes from time to time, at

MAY 05 2009


2005-000060-REV1


05-58February 16,2005

not less than par and accrued interest, at public or private sale and to deliver them to thepurchasers thereof upon receipt of payment of the purchase price plus accrued interestfrom their dates to the date of delivery thereof. The chief financial officer is directed toreport in writing to the governing body at the meeting next succeeding the date when anysale or delivery of the notes pursuant to this bond ordinance is made. Such report mustinclude the amount, the description, the interest rate and the maturity schedule of thenotes sold, the price obtained and the name of the purchaser.

Section 5. The capital budget or temporary capital budget, asapplicable, of the Borough is hereby amended to conform with the provisions of thisbond ordinance to the extent of any inconsistency herewith. ln the event of any suchinconsistency and amendment, the resolution in the form promulgated by the LocalFinance Board showing full detail of the amended capital budget or temporary capitalbudget, as applicable, and capital program as approved by the Director of the Division ofLocal Government Services is on file with the Borough Clerk and is available there forpublic inspection.

Section 6. The following additional matters are hereby determined,declared, recited and stated:

(a) The improvement or purpose described in Section 3 of thisbond ordinance is not a current expense. It is an improvement or purpose the Boroughmay lawfully undertake as a general improvement, and no part of the costs thereof havebeen or shall be specially assessed on property specially benefited thereby.

(b) The period of usefulness of the improvement or purpose,within the limitations of the Local Bond Law, according to the reasonable life thereofcomputed from the date of the bonds authorized by this bond ordinance, is 10 years.

(c) The Supplemental Debt Statement required by the LocalBond Law has been duly prepared and filed in the office of the Borough Clerk, and acomplete executed duplicate thereof has been filed in the office of the Director of theDivision of Local Government Services in the Department of Community Affairs of theState of New Jersey. Such statement shows that the gross debt of the Borough as definedin the Local Bond Law is increased by the authorization of the bonds and notes providedin this bond ordinance by $80,750 (representing a decrease of $104,250 from the PriorOrdinance) and the obligations authorized herein will be within all debt limitationsprescribed by that Law.

(d) An amount not exceeding $35,000 for items of expenselisted in and permitted under N.J.S.A. 40A:2-20 is included in the estimated costindicated herein for the purpose or improvement.

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05-59February 16, 2005

(e) The Borough reasonably expects to commence acquisitionand/or construction of the improvement or purpose described in Section 3 hereof, and toadvance all or a portion of the costs in respect thereof, prior to the issuance of bonds ornotes hereunder. To the extent such costs are advanced, the Borough further reasonablyexpects to reimburse such expenditures from the proceeds of the bonds or notesauthorized by this bond ordinance, in an aggregate not to exceed the amount of bonds ornotes authorized in Section 2 hereof.

Section 7. Any grant moneys received for the purpose described inSection 3 hereof, including a grant expected to be received in the amount of $140,000(representing an increase of $140,000 from the Prior Ordinance) from the New JerseyDepartment of Transportation, shall be applied either to direct payment of the cost of theimprovement or to payment of the obligations issued pursuant to this bond ordinance.The amount of obligations authorized but not issued hereunder shall be reduced to theextent that such funds are so used.

Section 8. The full faith and credit of the Borough is hereby pledgedto the punctual payment of the principal of and the interest on the obligations authorizedby this bond ordinance. The obligations shall be direct, unlimited obligations of theBorough, and the Borough shall be obligated to levy ad valorem taxes upon all thetaxable real property within the Borough for the payment of the obligations and theinterest thereon without limitation of rate or amount.

Section 9. The Borough Council of the Borough hereby covenants onbehalf of the Borough to take any action necessary or refrain from taking such action inorder to preserve the tax-exempt status of the bonds and notes authorized hereunder as isor may be required under the Internal Revenue Code of 1986, as amended, and theregulations promulgated thereunder (the "Code"), including compliance with the Codewith regard to the use, expenditure, investment, timely reporting and rebate of investmentearnings as may be required thereunder.

Section 10. This Ordinance amends Bond Ordinance 2003-07 of theBorough finally adopted April 23, 2003. To the extent that any previous ordinance orresolution is inconsistent herewith or contradictory hereto, said ordinance or resolution ishereby repealed or amended to the extent necessary to make it consistent herewith.

Section II . This bond ordinance shall take effect 20 days after the firstpublication thereof after final adoption, as provided by the Local Bond Law.

Section B. After passage upon first reading of this bond ordinance, theBorough Clerk is hereby directed to publish a ''NOTICE OF PENDING BONDORDINANCE AND SUMMARY" · (set forth below) with appropriate completions,insertions and corrections, at least once in a newspaper qualified under N.J .S.A. 40A:219, at least seven days prior to the date set for public hearing and further consideration

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05- 60February 16, 2005

for final passage (which date shall b e at least ten days after introduction and firstreading). The Borough Clerk is further directed to comply with all provisions ofNJ.S.A.40A:2-17(b) regarding postings, pub lications, and the provision of copies of th is bondordinance.

Section C. After final adoption ofthis bond ordinance b y the Mayor andBorough Council , the Borough Clerk is h ereby directed to publish a "BONDORDINANCE STATEMENT AND SUMMARY" (set forth below) with ap propriatecompletions, insertions an d co rrections, at least once in a newspaper qualified u nd erN .J .S .A.40A:2-19 .

COMMITTEE REPORTS:

COUNCILMAN KASOFF : Legal, Lighting, Transportation, Clean Communities,Building Development

Councilman Kasoff commented on the Tsunami Relief fundrais er organized byLisette Duffy along with other volunteers in the town. They raised more than$10,000.00.

COUNCILMAN PARISI : Public Safety

Councilman Parisi also noted that the Tsunami fundraiser was a great event.Approximately 130 residents attended, the Chamber of Commerce assisted Mrs.Duffy and he thanked the Assembly for their generosity in keeping the cost of theevent minimal.

February 9, 2005, Councilman Parisi attended a Mayor's conference hosted by theFort Lee Chambe r of Commerce.

He also announced that on February 6, 2005, Patrolmen Hill and Colon completed10 years with the Englewood Cliffs Police Department.

COUNCILWOMAN NORTON: Recreation, Community Events

Councilwoman Norton reported that the Little League Baseball has startedpracticing. The soccer indoor league is starting their playoff games . Basketball ismidway through the season. Girls Softball and Senior Boys Baseball registrationmailing has gone out.


Councilman Plawker announced that the community news letter articles are due.Please get articles in on time.

MAY 05 2009


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05-61February 16, 2005

COUNCILWOMAN DRIMONES: Sanitation, Ambulance Corps, Planning Board,Beautification

Councilwoman Drimones reported that there was no planning Board meeting duringthe month ofFebruary. One application, initially submitted in January was carried tothe March meeting.

She also announced the upcoming scbool board election. Candidates interested inrunning for the Board should contact the Business Administrator, Mr. Olobardi atthe Board ofEducation office.

COUNCILMAN MANOLIO: DPW , Building & Grounds, Recycling, Bd. Of Adj .

Councilman Mano lio stated that the Board of Adjustment bad an application for ause variance on Palisade Avenue, the application was withdrawn.

He then thanked Mr. Bialko and his department for doing a good job removing thesnow from our streets during and after the last snowstorm.

REPORT OF BOROUGH ATTORNEY:No Report

REPORT OF BOROUGH ENGINEER:No Report

PUBLIC PORTION: On a motion by Drimones, seconded by Norton, the meeting was opened tothe public. Carried.

Mrs. Sank asked the reason for a second bond ordinance for acquisition ofproperty .

Councilman Parisi stated that the Bond ordinances referred to different properties. He also explainedthe locations of the various properties involved.

On a motioo by Drimones, seconded by Norton, the public portion of the meeting was closed.Carried.

On a motion by Drimones, seconded by Norton, the meeting was adjourned at 8:37, p.m.

ATTEST :

Deborah Fehre, Deputy Mnnicipal Clerk

APPROVED:


MAY 05 2009


2005-000064-REV1


05-62


MINUTES OF THE CAUCUS MEETING OF MARCH 16,2005



MayorCouncil PresidentCouncilmanCouncilmanCouncilmanCouncilwoman


Councilwoman

ALSO PRESENT:

Borough AttorneyBorough EngineerChief of PoliceSupt . of Public Works


Joseph C. ParisiDanPlawkerThomas ManolioJerry KasoffJoseph Parisi, Jr.LynnNorton, .

Patricia Drimones

E. Carter Coniston, Esq.Edward MignoneLawrence Whit ingRodney Bialko

Adequ ate notice of this meeting was given to the press and posted as required. Date and time of thismeeting was legally given as required by the "Open Public Meetings Act."Tills notice is on file with the Municipal Clerk and posted on the bulletin board.Minutes of this meeting will be made available to the public upon the completion of typing andproofreading by the Municipal Clerk .


MINUTES OF THE: Caucus Meeting ofFebruary 16,2005 and Regular Meeting of February 16,2005 were placed on the Regular Agenda for approval.

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05-63MARCH 16, 2005


Police Report of February, 2005Court report of February, 2005Construction Code Official's Report of February, 2005Collector/Treasurer's Report of January, 2005

THE FOLLOWING RESOLUTIONS WERE PLACED ON THE REGULAR AGENDAFOR APPROVAL:

05-36 Approve installation of sidewalk from 1000 Sylvan Avenue to 910-920 Sylvan Ave.(Mr. Hipolit explained the request to the Council)

05-37 Recycling Tonnage Grant Application '05-38 Transfer ofFunds05-39 Approve Raffle License, Sisters of St. Joseph of Peace05-40 Employee Assistant Program, Contract Renewal05-41 Estimate #2, 2004 Road Improvement Program05-42 Estimate #2, Sewer Rehabilitation, Stage 7

,THE FOLLOWING ORDINANCE WAS PLACED ON THE REGULAR AGENDA FORINTRODUCTION:

2005-08 Amending Chapter XXX, "Zoning", Section 30-2 Definitions

THE FOLLOWING ORDINANCES WERE PLACED ON THE REGULAR AGENDA FORSECOND READING! PUBLIC HEARING.

2005-062005-07

NEW BUSINESS:

Bond Ordinance Acquisition of PropertyAmend Chapter VII, "Parking" No Parking

Storm Water Management Plan

Mr. Corriston informed the Council that he has almost completed the review of the BoroughOrdinances that pertain to the Plan and that the Borough just has to make a few changes to be incompliance.

On a motion by Norton, seconded by Plawker, the following resolution was offered for adoption:

ROLL CALL:

AYES:ABSENT:


MAY 05 2009


2005-000066-REV1


05-64MARCH 16, 2005


WHEREAS, N.J .S.A. 10:4-12 allows for a public body to go into closed session during apublic meeting, and


NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Borough ofEnglewood Cliffs will go into closed session for the following reason as outlined in NJ.S.A. 10:412:

Any matter involving the employment or conditions of employment

The Closed session began at 7:12 p.m. and ended at 7:40 p.m.

On a motion by Manolio, seconded by Kasoff, the Council retunled to open session.

On a motion by Manolio, seconded by Kasoff, the meeting was adjourned at 7:41 p.m.

ArrEST :


APPROVED:

JOSEPH C. PARtSI, MAYOR

MAY 05 2009


2005-000067-REV1


05-65


MINUTES OF THE REGULAR MEETING OF MARCH 16, 2005



MayorCouncil PresidentCouncilmanCouncilmanCouncilmanCouncilwoman


Councilwoman

ALSO PRESENT:

Municipal AttorneyMunicipal EngineerChief ofPoliceSuperintendentDPVV

Joseph C. ParisillanPlawkerThomas ManolioJerry KasoffJoseph Parisi, Jr..Lynn Norton

Patricia Drimones.

E. Carter Corriston, Esq.Edward MignoneLawrence VVhitingRodney Bialko

FLAG SALUTE LEAD BY COUNCIL PRESIDENT, ILAN PLAWKER


ADEQUATE NOTICE OF 'nns MEETING VVAS GIVEN TO THE PRESS AND POSTED ASREQUIRED. DATE AND TIME OF rms MEETING VVAS LEGALLY GIVEN AS REQUIREDBY THE "OPEN PUBLIC MEETINGS ACT."rms NOTICE IS ON FILE WITH THE MUNICIPAL CLERK AND POSTED ON THEBULLETIN BOARD.MINUTES OF rnrs MEETING VVILL BE MADE AVAILABLE TO THE PUBLIC UPON THECOMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.

MAY 05 2009


2005-000068-REV1


05-66MARCH 16, 2005

MINUTES OF THE FOLLOWING MEETINGS WERE ACCEPTED AS PRESENTED ONA MOTtON BY PLAWKER, SECONDED BY MANOLIO, AND CARRIED.

Caucus Meeting of February 16, 2005Regular Meeting of February 16, 2005

THE FOLLOWING REPORTS WERE ORDERED FILED ON A MOTtON BY MAN OLIO,SECONDED BY PARtSI, AND CARRIED.

Police Report ofFebruary, 2005Court Report of February, 2005Construction Code Officials Report of February, 2005Collector Treasurer's Report of January, 2005

CLAIMS:

On a motion by Plawker, seconded by Manolio, the Claims for the month of March, 2005 wereordered paid. .

Ayes:Absent:


MAY 05 2009


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05-67MARCH 16, 2005

RESOLUTIONS:

MAYOR PARISI STATED:"IF ANYONE WISHES TO COMMENT ON ANY RESOLUTION TO BE ACTED ON THISEVENING, THEY MAY DO SO AT THIS TIME."

On a motion by Parisi, seconded by Plawker, Resolution 05-36 was offered for adoption:


RESOLUTION 05-36

WHEREAS, LG Electrouics is the owner ofproperty located at 1000 Sylvan Avenue andis also renting additional space at 910-920 Sylvan Avenue; and '

WHEREAS, there is no walking access from 1000 SylvanAvenue to 910-920 SylvanAvenue; and .

WHEREAS, in order to permit walking access from 1000 Sylvan Avenue to 910-920Sylvan Avenue, a sidewalk has to be installed in the right-of-way on Sylvan Avenue; and

WHEREAS, a NJDEP General Permit and a NJDOT Road Opening Permit are requiredbecause the proposed sidewalk is in the right-of-way of Sylvan Avenue and is located in thefreshwater wetlands buffer; and

WHEREAS, LG Electronics will pay all application fees, engineering and installationcosts for the project;

NOW THEREFORE, BE IT

RESOLVED, that the Mayor and Council of the Borough of Englewood Cliffs doeshereby support the installation of a sidewalk that will provide walking access from 1000 SylvanAvenue t0910-920 Sylvan Avenue; and

BE IT FURTHER RESOLVED, that the Municipal Clerk is hereby authorized toexecute all NJDEP and NJDOT applications as needed for the project.

On a motion by Manolio, seconded by Parisi, Resolution 05-37 was offered for adoption:



MAY 05 2009


2005-000070-REV1


05-68MARCH 16, 2005

RESOLUTION 05-37

RE: TONNAGE GRANT APPLICATION RESOLUTION

WHEREAS, The Mandatory Source Separation and Recycling Act, P.L. 1987, c. 102,has established a recycling fund from which tonnage grant may be made to municipalities inorder to encourage local source separation and recycling programs; and

WHEREAS, It is the intent and the spirit of the Mandatory Source Separation andRecycling Act to use the tonnage grants to develop new municipal recycling programs and tocontinue and to expand existing programs; and

WHEREAS, The New Jersey Department of Environmental Protection is promulgatingrecycling regulations to implement the Mandatory source Separatio n and Recycling Act; and

WHEREAS, The recycling regulations impose on municipalities certain requirements asa condition for applying for tonnage grants, including but not limited to, making and keepingaccurate, verifiable records of materials collected and claimed'by the municipality; and

WHEREAS, A resolution authorizing this municipality to apply for such tonnage grantswill memorialize the commitment of this municipality to recycling and to indicate the assent ofthe Mayor and Council of the Borough of Englewood Cliffs to the efforts undertaken by themunicipality and the requirements contained in the Recycling Act and recycling regulations; and

WHEREAS, Such a resolution should designate the individual authorized to ensure theapplication is properly completed and timely filed.

NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Boroughof Englewood Cliffs that Englewood Cliffs hereby endorses the submission of the recyclingtonnage grant application to the New Jersey Department of Environmental Protection anddesignates Rodney Bialko to ensure that the application is properly filed; and

BE IT FURTHER RES OLVED that the monies received from the recycling tonnagegrant be deposited in a dedicated recycling trust fund to be used solely for the purposes ofrecycling.

On a motion by Parisi, seconded by Plawker, Resolution 05-38 was offered for adoption:


Plawker, Manolio, Kasoff, Parisi,NortonDrimones

MAY 05 2009


2005-000071-REV1


05-69MARCH 16, 2005

RESOLUTION 2005-38

RE: TRANSFER OF FUNDS BETWEEN 2004 BUDGET APPROPRIATIONS

BE IT RESOLVED by the Mayor and Council of the Borough of Englewood Cliffs that thefollowing transfers between the 2004 Budget appropriations be made:

FROM:

Planning Board OlE $15,000

Police srw $15,000

Streels & Roads srw $ 7,000

Board of Health OlE $ 5,000

Parks & Playgrounds srw $11,053

Collection of Taxes OlE $ 2,292

TOTAL $55.345

TO:

Assessment ofTaxes OlE $ 124

Fire OlE $ 62

Garbage & Trash $46,634

Shade Tree OlE $ 5,361

Telephone $ 319

Gas & Electric $ 526

Streels & Roads OlE $ 27

Group Insurance $ 2,292

TOTAL $55,345




RESOLUTION 2005-39

RE: APPROVAL OF RAFFLE LICENSEID#133-4-7504GUILD FOR SISTERS OF ST. J OSEPH OF PEACE

WHEREAS, tbe GUILD FOR SISTERS OF ST. J OSEPH OF PEACE has appliedfor an On-Premise raffle license; and

WHEREAS, the GUILD FOR SISTERS OF ST. JOSEPH OF PEAC E has compliedwith all requirements as outlined in N.J.A.C. 13; and

MAY 05 2009


2005-000072-REV1


05-70MARCH 16, 2005

WHEREAS, the Findings and Determinati on has been certified by the Chief ofPolice;

NOW , THEREFORE, BE IT

RESOLVED, that the Mayor and Council of the Borough of Englewood Cliffs doeshereby approve the issuance of an ON PREMISE 50/50 raffle license to the GUll,D FORSISTERS OF ST. JOSEPH OF PEACE.

BE IT FURTHER RESOLVED that said raffle will be conducted on NOVEMBER 10,2005 , from 2:00 P .M. TO 3:30 P .M. at St. MICHAEL VILLA, 399 HUDSON TERRACE inthe Borough of Englewood Cliffs.

On a motion by M anolio, seconded by P arisi, Re solution 05-40 was offered for adoption:

ROLLCALL:AYES :ABSENT:


RESOLUTION 05-40 '

RE: AGREEMENT: 2005 PROFES SIONAL SERVICES FOR EMPLOYEEASSISTANCE PROGRAM

BE IT RESOLVED that the M ayor and Council of the Borough of Englewood Cliffsdoes hereby authorize the Mayor and Municipal Clerk to sign the Agreement, between th eCounty of Bergen and the Borough of Englewood Cliffs, for the 2005 Professional Servicesfor the Employee Assistance Program.

On a motion by Manolio, seco nded by Pari si, resolutioo 05-4 1 was offered for adop tion.

ROLLCALL:AYE S:ABSENT:

Plawker, Manolio, Kasoff, Parisi , NortonDrimones

RESOLUTION 05-41

TITLE: ESTIMATE #2, 2004 ROAD IMPROVEMENT PROGRAM


NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of theBorough ofEnglewood Cliffs, does hereby approve the payment of $43.380.68to Tilcon New York for work completed on the 2004 Road Improvement Program..

MAY 05 2009


2005-000073-REV1


05-71MARCH 16, 2005

On a motion by Plawker, seconded by Parisi, resolution 05-42 was offered for adoption:

Roll Call:AYES:ABSENT:


RESOLUTION 05-42

TITLE: ESTIMATE #2, SEWER REHABiliTATION, STAGE 7

WHEREAS, Boswell McClave Engineering has recommended that EstimateCertificate #2 in the amount of$36,245.30 be paid; and

NOW, THEREFORE, BE IT RESOLVED , that the Mayor and Council of theBorough ofEnglewood Cliffs, does hereby approve the paymenfof$36.245.30to M. Ingannamorte & Son for work completed on the Sewer Rehabilitation of VariousStreets, Stage 7.

COUNCILMAN PARlSIINTRODUCED AN ORDINANCE ENTITLED:

ORDINANCE 2005-08

AN ORDINANCE AMENDING CHAPTER XXXENmLED " ZONING" SPE ClFlCALLY

SECTION 30-2 "DEFINITIONS

Councilman Parisi moved the ordinance be given its first reading. So ordered.The Municipal Clerk read the said ordinance by title. Councilman Parisi moved the ordinancebe adopted on first reading and published in the Press Journal on March 24, 2005.The public hearing to be held on April 20, 2005. Motion was seconded by Councilman Plawker.The ordinance was approved at the first reading upon the call of the roll.

AYES:ABSENT:


MAY 05 2009


2005-000074-REV1


05-72MARCH 16, 2005


COUNCILWOMAN NORTON CALLED UP FOR SECOND READING AN ORDINANCEENTITLED:

ORDINANCE 2005-06

The clerk presented affidavit of publication, showing that advertisement had been made according tolaw, which was ordered filed. Councilman Parisi moved a public hearing be held on the ordinance.So ordered. Councilman Parisi moved the clerk read the ordinance by title on second reading. Soordered. The clerk thereupon read the ordinance by title. The mayor then announced that allinterested parties would now be given opportunity to be heard for or against the adoption of theordinance.

The following people spoke on the ordinance: Ms. Sank

After all interested parties had spoken on the ordinance, Councilman Plawker moved the hearing beclosed. So ordered. .

Councilwoman Norton moved the ordinance be adopted on second reading and final passage, whichmotion was seconded by Councilman Manolio and adopted upon a call of the roll.


Pl awker, Manolio, Kasoff, Parisi, NortonDrim ones


AN ORDINANCE OF THE BOROUGH OF ENGLEWOODCLIFFS, IN THE COUNTY OF BERGEN, NEW JERSEY,PROVIDING FOR THE ACQUISITION OF PROPERTYLOCATED AT 476 HUDSON TERRAC E AND 4 CLENDINENPLACE IN THE BOROUGH OF ENGLEWOOD CLIFFS ANDAPPROPRIATING $1,000,000 THEREFOR, AND AUTHORIZING$950,000 IN BONDS OR NOTES OF THE BOROUGH OF ENGLEWOODCLIFFS TO FINANCE THE SAME

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE BOROUGH OFENGLEWOOD CLIFFS, IN THE COUNTY OF BERGEN, NEW JERSE Y (not less thantwo thirds of all members thereof affirmat ively concurring), AS FOLLOWS:

MAY 05 2009


2005-000075-REV1


05-73MARCH 16, 2005

Section 1.

The improvement or purpose described in Section 3 of this bond ordinance is herebyauthorized to be undertaken by the Borough of Engl ewood Cliffs , in the County of Bergen, NewJersey (the "Borough") as a general improvement. For the improvement or purpose described inSection 3 hereof, there is hereb y appropriated the sum of $1,000,000 , including the sum of$50,000 as the down payment required by the Local Bond Law. The down payment has beenmade available by virtue of provision in the capital improvement fund in one or more previouslyadopted bud gets.

Section 2.

In order to finance the cost of the improvement or purpose not covered by application ofthe down payment or otherwi se provided for hereunder, negotiable bonds are hereby authorizedto be issued in the prin cipal amount of $950,000 pursuant to the Local Bond Law. In antic ipationof the issuance of the bonds, negotiab le bond anticipation notes are hereby authorized to be issuedpursuant to and within the limitations prescribed by the Local Bond Law .

Section 3.

(a) The improvement hereby authorized and the purpose of the financing for whichthe bonds are to be issued is the acquisition of the real property know n as 476 Hudson Terrace,also known as Block 513, Lot 7, on the Tax Map of the Borough of Englewood Cli ffs and 4Clendinen Place, also known as Block 514, Lot 4, on the Tax Map of the Borough ofEnglewoodCliffs, including all work and materials nec essary therefor or incidental thereto .


(c) The estimated cos t of the improvement or purpose is equal to the amount of theappropriation here in made therefor.

Section 4.All bond ant icipation notes issued hereunder shall mature at such times as may be

determined by the chief financial officer; provided that no note shall mature later than one yearfrom its date. The notes shall bear interest at such rate or rates and be in such form as may bedetermined by the chief financial officer. The chief financial officer shall determine aU matters inconnection with notes issued pursuant to this bond ordinance, and the chief finan cial officer'ssignature upon the notes shall be conclusive evidence as to all such determinations. Al l notesissued hereunder may be renewed from time to time subject to the provisions of the Local BondLaw. The chief financial offi cer is hereby authorized to sell part or all of the notes from time totime, at not less than par and accrued interest, at public or private sale and to deliver them to thepurchasers thereof upon receipt ofpayment of the purchase price plus accrued interest from theirdates to the date of delivery thereof The chief financial officer is directed to report in writing tothe governing body at the meeting next succeeding the date when any sale or delivery of the notespursuant to this bond ordinance is made. 'Such report must include the amount, the description,the interest rate and the maturity schedule ofthe notes sold, the price obtained and the name ofthe purchas er.

MAY 05 2009


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05-74MARCH 16, 2005

Section 5.

The capital budget or temporary capital budget Cas applicable) of the Borough is herebyamended to conform with the provisions of this bond ordinance to the extent of any inconsistencyherewith . In the event of any such inconsistency and amendment, the resolution in the formpromulgated by the Local Finance Board showing full detail of the amended capital budget oramended temporary capital budget Cas applicable) and capital program as approved by theDirector of the Division of Local Government Services is on file with the Borough Clerk and isavailable there for public inspection.

Section 6.

The following additional matters are hereby determined, declared, recited and stated:

(a) The improvement or purpose described in Section 3 of this bond ordinance is nota current expense. It is an improvement or purpose the Borough may lawfully undertake as ageneral improvement, and no part of the cost thereof has been or shall be specially assessed onproperly specially benefited thereby.

(b) The period of usefulness of the improvement or purpose, within the limitations ofthe Local Bond Law, according to the reasonable life thereof computed from the date of thebonds authorized by this bond ordinance, is 40 years .

(c) The Supplemental Debt Statement required by the Local Bond Law has beenduly prepared and filed in the office of the Deputy Clerk, and a complete executed duplicatethereof has been filed in the office of the Director of the Division of Local Government Servicesin the Department of Community Affairs of the State of New Jersey. Such statement shows thatthe gross debt of the Borough as defined in the Local Bond Law is increased by the authorizationof the bonds and notes provided in this bond ordinance by $950,000 and the issuance of theobligations authorized herein will be within all debt limitations prescribed by that law.

(d) An aggregate amount not exceeding $25,000 for items of expense listed in andpermitted under N.J.S.A. 40A:2-20 is included in the estimated cost indicated herein for thepurpose or improvement.

(e) The Borough reasonably expects to commence the project described in Section 3hereof, and to advance all or a portion of the costs in respect thereof, prior to the issuance ofhonds or notes hereunder. To tbe extent such costs are advanced, the Borough further reasonablyexpects to reimburse such expenditures from the proceeds of the bonds or notes authorized by thisbond ordinance, in an aggregate not to exceed the amount of bonds or notes authorized in Section2 hereof.

Section 7.Any grant moneys received for the purposes described in Section 3 hereof shall be

applied either to direct payment of the cost of the improvements or to payment of the obligationsissued pursuant to this bond ordinance . The amount of obligations authorized but not issuedhereunder shall be reduced to the extent that such funds are applied to the payment of obligationsissued pursuant to this bond ordinance.

MAY 05 2009


2005-000077-REV1


05-75MARCH 16, 2005

Section 8.

The full faith and credit of the Borough is hereby pledged to the punctual payment of theprincipal of and the interest on the obligations authorized by this bond ordinance. The obligationsshall be direct, unlimited obligations of the Borough, and the Borough shall be obligated to levyad valorem taxes upon all the taxable real property within the Borough for the payment of theobligations and the interest thereon without limitation of rate or amount.

Section 9.

The Borough hereby covenants to take any action necessary or refrain from taking suchaction in order to preserve the tax-exempt status of the bonds and notes authorized hereunder andissued as tax-exempt bonds or notes as is or may be required under the Internal Revenue Code of1986, as amended, and the regulations promulgated thereunder (the "Code"), includingcompliance with the Code with regard to the use, expenditure, investment, timely reporting andrebate of investment earnings as may be required thereunder.

Section 10.

To the extent that any previous ordinance or resolution is inconsistent herewi th orcontradictory hereto, said ordinance or resolution is hereby tepealed or amended to the extentnecessary to make it consistent herewith.

Section 11.

This bond ordinance shall take effect 20 days after the first publication thereof after finaladoption, as provided by the Local Bond Law.

CO UNCILMAN PARISI CALLED UP FOR SECOND READING AN ORDINANCEENTITLED:

ORDINANCE 2005-07

The clerk presented affidavit of publication, showing that advertisement had been made according tolaw, which was ordered filed. Councilman Parisi moved a public hearing be held on the ordinance.So ordered. Councilman Parisi moved the clerk read the ordinance by title on second reading. Soordered. The clerk thereupon read the ordinance by title. TIle mayor then announced that allinterested parties would now be given opportunity to be heard for or against the adoption of theordinance.

After ample opportunity had been given and no one responding Councilman Parisi moved thehearing be closed. So ordered.

Councilman Parisi moved the ordinance be adopted on second reading and final passage, whichmotion was seconded by Councilwoman Norton and adopted upon a call of the roll.

AYE:ABSENT


MAY 05 2009


2005-000078-REV1


05-76MARCH 16, 2005


AN ORDINANCE AMENDING CHAPTER VII,SECTION 7-3 ENTITLED "PARKING"SPE CIFICALLY SUBSECTION 7-3.5 ,

SCHEDULE ill - NO PARKING, STOPPING OR STANDIN GOF THE REVISED GENERAL ORDIN ANCES OF

THE BORO UGH OF ENGLEWOOD CLIFF SCOUNTY OF BERGEN, STATE OF NEW JERSEY

BE IT ORDAINED by the Mayor and Council of the Borough of Englewood Cliffs, thatChapter VIl, Schedule ill - No Parking, Stopp ing or Stand ing shal) be amen ded to include thefollowing:

7-3.5 No P arking. Stopping or Standing Prohibited dnring Certain Hours onCertain Streets . No person shall park, stop or stand a vehicle between the hours specified inSchedule ill of any day (except Sundays and public holidays) upon' any of the streets or parts ofstreets described in Schedu le ill atta ched to and made a part of this chapte r.

SCHEDULE ill ..NO PARKING, STOPPING qR STANDING

In accordanc e with the provisions of subsection 7-3.5 , noperson shall park, stop or stand a vehicle between the hours specified upon

any of the following described streets or parts of streets.

Name of Street Sides

Summit Street Both

Avenue

6:00 a.m. to 6:00 P.M.on school days

Location

Between Van NostrandAvenue and Irving

BE IT FURTHER ORDAINED that this Ordinance shall become effective uponadoption and publication in acco rdanc e with law, and

BE IT FURTHER ORDAINED that all ordinances or parts of ordinances other than thezonin g ordinance of the borough which are inconsistent with the provisions of this chapter arehereby repealed to the extent of such inconsistency, and

BE IT F URTHER ORDAINED should any part or provision of thi s Ordinance be heldunconstitutional or invalid, such decis ion shall not affect the val idity of this Ordinance as a wholeor any art thereof, other than the part held so unconstitutional or invalid. ordinance shall takeeffect upon final adoption and publicat ion according to law.

This ordinance shall take effect upon fina l adoption and publication according to law.

MAY 05 2009


2005-000079-REV1


05-77MARCH 16, 2005

COMMITTEE REPORTS:

CO UNCILMAN KASOFF:

NO REPORT

COUNCILMAN PARISI:

Legal , Lighting, Transportation, Clean CommunitiesBuilding Development

Public Safety

Chamber of Commerce will be upgrading the corner property located at Palisade Avenueand Route 9W.

The Chamber, Parents, Teachers, and the Mayor and Council joined together for a fundraiser forTsunami Relief and raised $9,000.

Letters of thanks to the Police Department from the following persons:Mrs. Grasso, for the quick response for her husbands heart attack.Ms. Silberman, for the quick response during her husbands heart attack.The Hyland and Tonniello families for the Police escort·for Mr. Tonnie llo's funeral.

The Fire Department is plaorring a centennial celebration for later this year.


Adult programs still active are: Basketball, Aerobics, and Bowling. New Bowling leaguewill start again in September.

Youth basketball championships are this weekend.The indoor soccer program for 10 year olds is still going on.Pre-season baseball and softball are underway.

A survey has been sent through the schools to see if there is any interest in extending thesummer camp to full day.


Councilman Plawker stated that the Suburbanite newspaper had a very good article on theEnglewood Cliffs School budget.

CO UNCILMAN MANOLIO: DPW, Building & Grounds, Recycling, Bd. Of Adj .

The Board of Adjusttnent granted a variance for 55 John Street and for 20-22 SylvanAvenue.

MAY 05 2009


2005-000080-REV1


05-78MARCH 16, 2005

PUBLIC PORTION: On a motion by Norto n, seconded by Manolio, the meeting was opened tothe public. Carried.

Ms. Breen, Van Nostrand Avenue asked about the gate that is supposed to be up between thecommercial properties and the residen tial. Mr. Mignone said the gate should be installed shortly.

She also asked about the evergreen fence that was to be put up on the Citibank property.She was informed that all plantings would take place in the spring.

Ms. Sank asked about the flag being at half mast. She was told that the governor had issuedan executive order to lower all flags because of a death of a soldier in Iraq.

Ms. Jehn, Newsletter editor, informed the Council that the latest edition was at the printerawaiting mailing.

On a motion by Norton, seconded by Manolio, the public portion of the meeting was closed.Carri ed,

On a motion by Manolio, seconded by Norton, the meeting was adjourned at 8:40 p.m.

A'ITEST:


APPROVED:

JOSEPH C. PARISI , MAYOR

MAY 05 2009


2005-000081-REV1


05-79


MINUTES OF THE CAUCUS MEETING OF APRIL 20, 2005



Council PresidentCouncilmanCouncilwomanCouncilwoman


MayorCounci lmanCouncilman

ALSO PRESENT:

Borough AttorneyBorough EngineerChief Financial OfficerChiefof PoliceSupt. of Public Works

llanPlawkerThomas ManolioPatricia DrimonesLyrmNorton

Joseph C. ParisiJerry KasoffJoseph Parisi, Jr.

,E. Carter Corriston, Esq.Edward MignoneJoseph Iannaconi, Jr .Lawrence Whit ingRodney Bialko

COUNCIL PRESIDENT PLAWKER PRESIDED IN THE ABSENCE OF THE MAYOR.

COUNCIL PRESIDENT PLAWKER STATED:


On a motion by Manolio, seconded by Drimones, resolution 05-51 was offered for adoption:


Plawker, Manolio, Drimones, NortonKa soff, Parisi

MAY 05 2009


2005-000082-REV1


05-80APRIL 20, 2005


WHEREAS, N.J.S.A. 10:4-12 allows for a public body to go into closed session during apublic meeting, and


NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Borough ofEnglewood Cliffs will go into closed session for the following reason as outlined in N.J.S.A. 10:412:

CONTRACT NEGOTIATIONPERSONNEL.

The Closed Session convened at 6:33 p.m. and concluded at 6:48 p.rn.


MINUTE S OF THE: Caucus Meeting of March 16, 2005 and Regular Meeting of March 16, 2005were placed on the Regular Agenda for approval.

THE FOLLOWING REPORTS WERE PLACED ON THE REGULAR AGENDA FORAPPROVAL .

Police Report of March, 2005Court report of March, 2005Construction Code Official's Report of March, 2005Collector/Treasurer's Report of February, 2005


Tax Appeal Attorn ey Tax Appeal, 270 Sylvan Avenue , Block 314, Lot 14


Tax Appeal Attorney Tax Appeal, 102 Pershing Road, Block 602, Lut 7


Alampi & DeMarrais Application for Development, Commerce Bank

Mr. Alampi made a presentation to the Council for the purpose of getting permission for thebuilding of a new bank at the corner of Charlotte Place and US Route 9W.

MAY 05 2009


2005-000083-REV1


05-81APRIL 20, 2005

Shade Tree Commission Arbor Day Ceremonies

Arbor Day ceremonies will be held on May 6, 2005.

Harry Grant Building Height Limitations

Ordinance 2005-08 which deals with Mr. Grant's concerns is on the regular agenda forublic hearing and adoption.


05-44 Tax Appeal Settlement, 270 Sylvan Avenue, Block 314, Lot 1405-45 Authorize Mayor & Clerk to sign application for DOT grant, Marjorie Terr.05-46 Tax Appeal Settlement, 102 Pershing Road, Block 602, Lot 705-47 Valic, Deferred Compensation05-48 Authorize Borough Attorney to file condemn ation proceedings


2005-022005-09

Amend Chapter IX, Demolition2005 Salary Ordinance

THE FOLLOWING ORDINANCE WAS PLACED ON THE REGULAR AGENDA FORSECOND READING/ PUBLIC HEARING.

2005-08

NEW BUSINESS:

Amending Chapter XXX, "Zoning", Section 30-2 Definitions

PROCLAMATION: ARBOR DAYCLICK IT OR TICKETARMENIAN MARTYRS DAY

ADJOURN: On a motion by Manolio, seconded by Norton, the meeting was adjourned at 7;55p.m. Carried.

ATTEST:


APPROVED:


MAY 05 2009


2005-000084-REV1


MAY 05 2009


2005-000085-REV1


05-82


MINUTES OF THE REGULAR MEETING OF APRIL 20, 2005



Council PresidentCouncilmanCouncilwomanCouncilmanCouncilmanCouncilwoman


Mayor

ALS O PRESENT:

Municipal AttorneyMunic ipal EngineerChiefFinancial OfficerChief ofPoliceSuperintendent DPW

nan Plawker (presiding as Mayor)Thomas ManolioPatricia DrimonesJerry KasoffJoseph Parisi, Jr. .LyooNorton

Joseph C. Parisi

E. Carter Corriston, Esq.Edward MignoneJoseph Ianoacooi , Jr.Lawrence WhitingRodney Bialko

FLAG SALUTE LEAD BY: Council President, Dan Plawker

MAYOR PARISI STATED :

ADEQUATE NOTICE OF rms MEETING WAS GNEN TO THE PRESS AND POSTED ASREQUIRED. DATE AND TIME OF TI-llS MEETING WAS LEGALLY GNEN AS REQUIREDBY THE "OPEN PUBLIC MEETINGS ACT."TI-llS NOTICE IS ON FILE WITH THE MUNICIPAL CLERK AND POSTED ON THEBULLETIN BOARD.MINUTES OF rms MEETING WILL BE MADE AVAILAB LE TO THE PUBLIC UPON THECOMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.

MAY 05 2009


2005-000086-REV1


05-83APRIL 20, 2005

COUNCILMAN MANOLIO INTRODUCED AN ORDINANC E ENTITLED:

ORDtNAN:CE INTRODUCTIClN

ORDINANCE 2005-10

CALENDAR YEAR 2005ORDIN ANCE TO EXCEED THE MUNlCIPAL BUDGET

APPROPRIATION LIMITS AND TO ESTABLISHA CAP BANK (N.J.S.A. 40A: 4-45.14)

Councilman Manolio moved the ordinance be given its first reading. So ordered.The Municipal Clerk read the said ordinance by title. Mr. Manolio moved the ordinancebe adopted on first reading and published in the Record, on April 28, 2005.

The public hearing to be held on 18,2005. Motion was seconded by Councilman Kasoff.The ordinance was approved at the first reading upon the call of the roll.

ROLL CALL:AYES: Plawker, Manolio, Drimones, Kasoff, 'Parisi, Norton

On a motion by Manolio, seconded by Drim ones, resolution 05-49 was offered foradoption:

ROLLCALL:AYES : Plawker, Manolio, Drimones, Kasoff, Paris i, Norton

RESOLUTION 05-49

WHEREAS, N.J.S.A. 40A:4-- 78b has authorized the Local Finance Board to adopt rulesthat permit municipalities in sound fiscal condition to assume the responsibility, normally grantedto the Director of the Division of Local Govermnent Services , of conducting the annual budgetexamination, and

WHEREAS, N.J.A.C. 5:30-7 was adopted by the Local Finance Board on February I I,

1997; and

WHEREAS, pursuant to N.J.A.C. 5:30-7.2 thru 7.5 the Borough of Englewood Cliffshas been declared eligible to participate in the program by the Division of Local GovermnentServices, and the Chief Financ ial Officer has determined that the Borough meets the necessaryconditions to participate in the program for the 2005 budget year , so now therefore

MAY 05 2009


2005-000087-REV1


05-84APRIL 20, 2005

BE IT RESOLVED, by the Borough Council of the Borough of Englewood Cliffs thatin accordance with N.J.A.C. 5:30- 7.6a & b and based upon the Chief Financial Officer'scertification. The governing body has found the budget has met the following requirements:

I . That with reference to the following items, the amounts have been calculated pursuant tolaw and appropriated as such in the budget:

a. Payment of interest and debt redemption chargesb. Deferred charges and statutory expendituresc. Cash deficit ofpreceding yeard. Reserve for uncollected taxese. Other reserves and non-disbursement itemsf. Any inclusions of amounts required for school purposes

2. That the provisions relating to limitation on increases of appropriations pursuant toN.J.S.A. 40A:4-45.2 and appropriations for exceptions to limits on appropriations found at40A:4-45.3 et seq. are fully met (Compli es with the "CAP" law.)

3. That the budget is in such form, arrangement, and content as required by the Local;

Budget Law and N.J.A.C. 5:30-4 and 5:30-5.

4. That pursuant to the Local Budget Law:a. All estimates of revenue are reasonable, accurate, and correctly stated,b. Items of appropriation are properly set forthc. In itemization, form, arrangement, and content the budget will permit the exercise of

the comptroller function within the municipality.

5. The budget and associated amendments have been introduced, publicly advert ised, and inaccordance with the relevant provisions of the Local Budget Law, except that failure to meetthe deadlines otN .J.S.A. 40A:4-5 shall not prevent such certification.

6. That all other applicable statutory requirements have been fulfilled.

BE IT FURTHER RESOLVED, THAT A COPY OF rars RESOLUTION BEFORWARDED TO THE DIRECTOR OF THE DIVISION OF LOCALGO VERNMENT SERVICES.

On a motion by Manolio, seconded by Norton, res olution 05-50 wa s offered for adoptio n:


MAY 05 2009


2005-000088-REV1


05-85APRa 20, 2005

RESOLUTION 05-50

RE: Municipal Budget of the Borough of Englewood Cliffs,County ofBergen for the Fiscal Yea r 2005

BE IT RESOLVED, that the following statements of revenues and appropriations shallconstitute the Munic ipal Budget for the year 2005;

BE IT FURTHER RESOLVED, that said Budget he published in the Record in the issueofApril 28, 2005; and

BE IT FURTHER RESOLVED that the Governing Body of the Borough of EnglewoodCliffs does hereby approve the following as the Budget for the year 2005:

,MINUTES OF THE FOLLOWING MEETINGS WERE ACCEPTED AS PRESENTED ONA MOTION BY KASOFF, SECONDED BY PARISI, AND CARRIED.

Caucus Meeting of March 16, 2005Regular Meeting of March 16, 2005

THE FOLLOWING REPORTS WERE ORDERED FILED ON A MOTION BY MANOLIO,SECONDED BY NORTON, AND CARRIED.

Police Report of March, 2005Court Report of March, 2005Construction Code Officials Report of March, 2005Collector Treasurer's Report of February, 2005

CLAIMS:

On a motion by Plawker, seconded by Kasoff, the Claims for the month of April, 2005 were orderedpaid.

Ayes: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton

RESOLUTIONS:

COUNCIL PRESIDENT PLAWKER STATED:"IF ANYONE WISHES TO COMMENT ON ANY RESOLUTION TO BE ACTED ON rmsEVENING, THEY MAY DO SO AT rms TIME."

On a motion by M anolio, seconded by Drimones, Resolution 05-44 was offered for adoption:

ROLLCALL:AYE S: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton

MAY 05 2009


2005-000089-REV1


05-86APRIL 20, 2005

RESOLUTION 05-44

WHEREAS, Sylvan Avenue Associates is the owner of certain commercial propertylocated at 270 Sylvan Avenue in the Borough of Englewood Cliffs, also known as Block 314, Lot14; and

WHEREAS, taxpayer has filed real property tax appeals, which matters are presentlypending in the Tax Court ofNew Jersey; and

WHEREAS, the Borough has reviewed and analyzed all relevant documents andappraisals of the premises; and

WHEREAS, it is the Borough Appraiser ' s opinion that the settlement is in the hestinterests of the Borough ofEnglewood Cliffs;

NOW, THEREFORE, be it

RESOLVED by the Mayor and Council of the Borough of Englewood Cliffs that theBorough Attorney be and he is hereby authorized and directed to execute any and all documentsnecessary in order to settle litigation entitled Sylvan Avenue Associates v. Englewood Cliffs,pending in the Tax Court of New Jersey, so that the 2002 total assessment of $20,790,000 will beaffirmed; the 2003 total assessment of $20,790,000 will be affirmed; the 2003 total assessment of$20,790,000 will be reduced to a total of$19, 395,000; the 2004 total assessment of $20,790,000will be reduced to a total of $19,000,000, and tbe 2005 total assessment of $20,790,000 will bereduced to a total of $18,000,000 with a refund of approximately $56,000, inclusive of all fouryears, due taxpayer; and be it further

RESOLVED, that the aforesaid settlement is further predicated upon a waiver of any andall pre-judgment interest on any refund due to the taxpayer.

On a motion by Parisi, second ed by Drimones, Resolution 05-45 as offered for adoption:

ROLL CALL:AYES:

TITLE:


RESOLUTION 05-45

AUTHORIZE MAYOR ATTORNEY TO SIGN APPLICATIONWITH N.J.D.O.T. FOR STATE AID

BE IT RESOLVED , that the Borough Council of the Borough of Englewood Cliffs doeshereby authorize the Mayor to sign an application for State Aid between the Borough ofEnglewood Cliffs and NJ .D.O.T . Inc. for the Improvement of Marjorie Terrace, from PalisadeAvenue to Demarest Avenue for a distance of0.237 miles.

MAY 05 2009


2005-000090-REV1


05-87APRIL 20, 2005


ROLLCALL:AYE S: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton

RESOLUTION 05-46

RE: TAX APPEAL SETTLEMENT, 102 PERSHING ROAD

WHEREAS, Douglas Ix is the owner of certain commercial property located at 102Pershing Road in the Borough of Englewood Cliffs, also known as Block 602, Lot 7; and

WHEREAS, taxpayer has filed real property tax appeals, which matters are presentlypending in the Tax Court ofNew Jersey; and

"WHEREAS, the Borough has reviewed and analyzed all relevant documents and

appraisals of the premises; and

WHEREAS, it is the Tax Counsel's and Appraiser's 'opinion that the settlement is in thebest interests of the Borough of Englewood Cliffs;

NOW, THEREFORE, be it

RESOLYED by the Mayor and Council of the Borough of Englewood Cliffs that theBorough Tax Attorney be and he is hereby authorized and directed to execute any and alldocuments necessary in order to settle litigation entitled Domdas Ix v. Englewood Cliffs, pendingin the Tax Court ofNew Jersey, so that the 2002 total assessment of $1,440,000 will be affirmed;the 2003 total assessment of$I,440,000 will be affirmed; the 2004 total assessment of $1,440,000will be affirmed; the added assessment of $1,385,000 will be affirmed; and the 2005 totalassessment of $2,825,000 will be reduced to a total of $2,500,000, with a refund of approximately$3,000, inclusive of all four years, due taxpayer; and be it further

RESOLYED, that the aforesaid settlement is further predicated upon a waiver of any andall pre-judgment interest on any refund due to the taxpayer.

On a motion by Norton, seconded by Drimones, Resolution 05-47 was offered for adoption:

ROLLCALL:AYES:ABSTAJN:


MAY 05 2009


2005-000091-REV1


05-88APRIL 20, 2005

RESOLUTION 05-47

WHEREAS, the undersigned representative of the Borough of Englewood Cliffs (the"Employer") hereby certifies that the following resolution was duly adopted by the governingbody of the Employer on April 20, 2005, and that such resolution has not been modified orrescinded as of the date hereof;

RESOLYED , that the Amendment to the Deferred Compensation Plan (the "Plan"),which addresses the Plan 's compliance with the "automatic rollover" requiremen ts of lnternalRevenue Code Section 401(a)(3 I)(B), is hereby approved and adopted, and the proper officer(s)of the Employer are hereby authorized and directed to execute and deliver to the Administrator ofthe Plan one or more counterparts of the amendment, the same to be effective as if April 20,2005.



RESOLUTION 05-48

WHEREAS, the Borough of Englewood Cliffs is desirous of authorizing E. CarterCorriston, Esq., Borough Attorney, to file condemnation proceedings in regard to thecondemna tion of the following property : Harri s and Ellis Souvlis, 482 Hudson Terrace,Englewood Cliffs, New Jersey, known as Block 513, Lot 6; and Dowa Line America Co., Ltd.,476 Hudson Terrace, Englewood Cliffs, New Jersey, known as Block 513 Lot 7 and 4 ClendinenPlace, known as Block 514, Lot 4, Englewood Cliffs, New Jersey; and

WHEREAS, the Mayor and Council has, by Ordinance , provided for the acquisition ofsaid property in Englewood Cliffs; and

WHEREAS it is necessary to condemn said property;

NOW, THEREFORE, BE IT RESOLYED , that E. Carter Corriston, BoroughAttorney, is authorized to file condemnation proceedings in regard to the condemnation of thefollowing property:

Harris and Ellis Souvlis482 Hudson TerraceEng lewood Cliffs, New Jersey

Dowa Line America Co., Ltd.476 Hudson Terrace4 Clendinen PlaceEnglewood Cliffs, New Jersey

Block 513, Lot 6

Block 513 Lot 7 andBlock 514, Lot 4

MAY 05 2009


2005-000092-REV1


05-89APRIL 20, 2005

PROCLAMATION

ARBOR DAY 2005

WHEREAS, In 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculturethat a special day be set aside for the planting of trees; and

WHEREAS, this holiday, called Arbor Day, was first observed with the planting of morethan a million trees in Nebraska; and

WHEREAS, 2005 is the 133'" anniversary of the holiday and Arbor Day is nowobserved throughout the nation and the world; and

WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cutheating and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen,and provide habitat for wild life; and

WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuelfor our fires, and beautify our community; and ..

WHEREAS, trees wherever they are planted, are a source ofjoy and spiritual renewal.

NOW, THEREFORE, I Joseph C. Parisi, Mayor of the Borough of Englewood Cliffs,do hereby proclaim May 6, 2005 as the 133'" anniversary celebration of

ARBOR DAY

in the Borough of Englewood Cliffs, and I urge all citizens to celebrate Arbor Day and to supportefforts to protect our trees and woodlands; and

FURTHER, I urge all citizens to plant trees to gladden the heart and promote the wellbeing of this and future generations.

MAY 05 2009


2005-000093-REV1


05-90APRIL 20, 2005

Proclamation / ResolutionSupporting the Click It or Ticket

Mobilization of May 23 -June 5, 2005

Whereas, there were 42,643 motor vehicle fatalities in the United States in 2003, and 747 motorvehicle fatalities in New Jersey in 2003; and

Whereas, more than half of the motor vehicle occupants killed in traffic crashes were notwearing a safety belt ; and

Whereas, use of a safety belt remains the most effective way'to avoid death or serio us injury in amotor vehicle crash; and

Whereas, tbe Division of Highway Traffic safety estimates that more than 2,000 lives have beensaved by safety belt use in New Jersey since 1985; and

Whereas, the State ofNew Jersey will participate in the nationwide Click It or Ticket safety beltmobilization from May 23 - June 5, 2005 in an effort to raise awareness and increase safety beltusage through a combination of enforcement and education; and

_Whereas, the Division of Highway Traffic Safety has set a goal of increasing the safety beltusage rate in the state from the current level of 82% to 84%; and

Whereas, a further increase in safety belt usage in New Jersey will save lives on our roadways;

Therefore, be is resolved that The Englewood Cliffs Mayor and Counc il declares it' s support forthe Click It or Ticket safety belt mobilizatio n both locally and nat ionally from May 23 - June 5,2005 and pledges to increase awareness of the mobilization and the benefits of safety belt u se .

MAY 05 2009


2005-000094-REV1


05-91APRIL 20, 2005


PROCLAMATION

WHEREAS, April 24th is a traditional day to remember the Armenians who,in 1915, were massacred and deported from their homeland by the Turkishgovernment while fighting for the rights of freedom of religion and freedom ofconscience held sacred by aU freedom-loving people; and

WHEREAS, this day serves as an important reminder of man's inhumanityto man and prompts us to renew our vigilance against tyranny and promotethe principles of human dignity and human rights worldwide; and

WHEREAS, the Armenian people have a proud- heritage and continue tomake valuable contributions to the cultural, ' economic social and politicaldevelopment of New Jersey and the United States; and

I

WHEREAS, it is appropriate that we join with the Armenian community inNew Jersey commemorating the memory of the victims and survivors, inhopes that we, as a community and as individual citizens, will strive toovercome prejudice, hatred and indifference through learning, tolerance andremembrance;

NOW, I, Joseph C. Parisi, Mayor of the Borough of Englewood Cliffs, dohereby proclaim

APRIL 24, 2005and every

APRIL 24TH TO FOLLOW

as

ARMENIAN MARTYRS' DAY

In the Borough of Englewood Cliffs

MAY 05 2009


2005-000095-REV1


05-92APRIL 20, 2005

COUNCILMAN MANOLIO INTRODUCED AN ORDINANCE ENTITLED:

ORDIN ANCE 2005-02

AN ORDINANCE AMENDING CHAPTER IX, ENTITLED "BUILDING AND HOUSING"SPECIFICALLY SUBSECTION 9-20.10, 9-20.1b, 9.20.1c, DEMOLITION PERMIT:

SECURITY REQUIREMENTS, AND FURTHER CORRECTING THE PRIORAMENDING ORDINANCE WHICH WAS IMPROPERLY SET FORTH AS CHAPTER XI,

ENTITLED "BUILDING AND HOUSING."

Mr. Manolio moved the ordinance be given its first reading. So ·ordered.The Municipal Clerk read the said ordinance by title. Mr. Manolio moved tbe ordinancebe adopted on first reading and published in the Press Journal on April 28. 2005 .The public hearing to be held on May 18. 2005. Motion was seconded by Mr. Kasoff.The ordinance was approved at the first reading upon the call of the roll .

AYE S:I


COUNCILMAN MANOLIO INTRODUCED AN ORDINANCE ENTITLED:

ORDINANCE INTRODUCTION

ORDINANCE 2005-09

AN ORDINANCE FIXING SALARIES, WAGES AND COMPENSATION FOR ALLSALARIED, APPOINTED AND ELECTED OFFICERS WITHIN THE BOROUGH OF

ENGLEWOOD CLIFFS, IN THE COUNTY OF BERGEN, ND STATE OF NEW JERSEY

Mr. Manolio moved the ordinance be given its first reading. So ordered.The Municipal Clerk read the said ordinance by title. Mr. Mano lio moved the ordinancebe adopted on first reading and published in the Press Journal on April 28, 2005.The public hearing to be held on May 18,2005. Motion was seconded by Mr. Parisi.The ordinance was approved at the first reading upon the call of the roll .

AYES : Plawker, Manolio, Drimones, Kasoff, Parisi. Norton

MAY 05 2009


2005-000096-REV1


05-93APRIL 20, 2005


MR. PARISI CALLED UP FOR SECOND READING AN ORDINANCE ENTITLED:

ORDINANCE 2005-08

The clerk presented affidavit of publication, sbowing that advertisement bad been made according tolaw, which was ordered filed. Mr. Parisi moved a public hearing be held on the ordinance. Soordered. Mr. Parisi moved the clerk read the ordinance by title on second reading. So ordered. Theclerk thereupon read the ordinance by title. The mayor then announced that all interested partieswould now be given opportunity to be heard for or against the adoption of the ordinance.

The followingpeople spoke on theordinance:

Ms. BreenMr. Grant

After all interested parties had spoken on the ordinance, Mr. Parisi moved the hearing be closed. Soordered.

,Mr. Parisi moved the ordinance be adopted on second reading and final passage, which motion wassecondedby Mr. Manolio and adopted upon a call of the roll.

ROLLCALL:AYES: Plawker, Manolio, Drirnones, Kasoff, Pari si, Norton

ORDINANCE 2005-08

AN ORDINAN CE AMENDING CHAPTER XXX ENTITLED " ZO NING"SPECIFICALLY SECTION 30-2 DEFINITIONS

BE IT ORDAINE D by the Mayor and Council of the Borough of EnglewoodCliffs that Chapter XXX, Subsection 30-2, Definitions be amended to read as follows:

Grades. New grades may exceed up to 18" from the original grade of the subjectlot for the purpose ofheight calculations if permitted by the Borough Engineer.

Building height shall mean that in all zones except residential and the B-2 zone,the hei ght of building shall be the verti cal dis tance exclusive of chimneys and similarfeatures measured from the mean curb level to the highest point of the building. In the B2 zone, the height of the building shall be limited to thirty-five (35) feet or less from thecurb level immediately adjacent to the front of the building.

MAY 05 2009


2005-000097-REV1


05-94APRIL 20, 2005

In residential zones bu ilding height shall be thirty (30) fee t (measured by takingthe four corner elevations and the four midpoin t elevations and divi ding them by eight byutilizing the house box) of the existing grade or the finished grade whichever is greater.In any event the height of the m easure from the mean curb level to the highest point ofthe building shall not be more than thirty-two (32) feet exclusive of chimneys.

BE IT FURTHER ORDAINED that all ordinances or parts of ordinances oth erthan the zoning ordinance of the Borough which are inconsistent wi th the provisions ofthis chapter are hereby repealed to the extent of such inconsistency; and

BE IT FURTHER ORDAINED should any part or provision of this Ordinancebe held unconstitutional or invalid, such decision shal l not affect the val idity of thisOrdinance as a whole or any part thereof, other than the part held so un constitu tional orinvalid . .

BE IT FURTHER ORDAINED that this Ordinance shall become effective uponadoption and publication in acco rdance with law; and

COMMITTEE REPORTS:

COUNCll-MAN KASOFF: Legal, Lighting, Transportation, Clean CommunitiesBuilding Development

The Borough has received $5497 in Clean Communities fund for 2005.

COUNCll-MAN PARISI: Public Safety

Sgt. Daniel Monissey celebrated his lSI!> anniversary with the Police Force.

Letters of thanks were received by the Police Department from the following:Mr. AI Wunsch, Educational Direct & Ms. Keery

The Witte Clinic begins on Saturday, April 23"'.

COUNCll-WOMAN NORTON: Recreation, Community Events

Saturday,April 16"' was opening day for Little LeagueArt Shamsky, former NY Met was guest

CouncilmanKasoff is celebrating his 26"' year as a Little League coach.

The Borough has Girls Softball Teams and Senior League teams affiliated with the LeoniaLeague. The City ofEnglewood also participates.

MAY 05 2009


2005-000098-REV1


05-95APRIL 20, 2005

COUNCILMAN PLAWKER : Finance, Historical

The new contract with the Englewoo d Library has been agreed upon. The cost to theBorough will $208,761 for 2005 .

COUNCILWOMAN DRIMONES: Sanita tio n, Ambulance Co rps, Planning Board,Beautification

The Planning Board memorialized the resolution for Mama Mexico.

Summer Camp will offer an extended program tills year from 9 am to 3 pm.

COUNCILMAN MANOLIO: DPW, Building & Grounds, Rec ycling, Bd. Of Adj .

The Board ofAdjustment did not mee t because it lacked a quorum.

REPORT OF BOROUGH ATTORNEY:

The Library contract still does does not give us BCCLS .'

REPORT OF BOROUGH EN GINEER:

No Report

DPW SUPEIDNTEND ENT

The Borough picked up 4538 tons of recycling last year.

PUBLIC PORTION: On a motion by Manolio, seconded by Parisi, the meeting was opened to thepublic. Carried.

The following residents spoke:Ms. BreenMr. GuyerMs. FavaroMs. Sank

On a motion by Norton, seconded by Mano lio, the public portion of the meeting wasclosed. Carried.

On a motion by Norton, seconded by Kasoff, the meeting was adjourned at 8:45, p.m.

MAY 05 2009


2005-000099-REV1


05-95APRIL 20, 2005

ATTEST:


APPROVED:


"

MAY 05 2009


2005-000100-REV1


05-96


MINUTES OF THE CAUCUS MEETING OF MAY 18, 2005




ALSO PRESENT:

Borough AttorneyBorough EngineerChiefFinancial OfficerChief ofPoliceSupt. ofPublic Works


Joseph C. ParisillanPlawkerThomas ManolioPatricia DrimonesJerry KasoffJoseph Parisi , Jr.Lynn Norton, .

E. Carter Cortiston, Esq.Rick McGrathJoseph Iannaconi , Jr.Lawrence WhitingRodney Bialko


On a motion by Parisi, seconded by Plawker, resolution 05-56 was offered for adoption:

Roll Call:Ayes: Plawker, Manolio, Drimones, Kasoff, Parisi , Norton

MAY 05 2009


2005-000101-REV1


05-97MAY 18,2005




NOW, THEREFORE BE IT RESOLVED , that the Mayor and Council of the Borough ofEnglewood Cliffs will go into closed session for the following reason as outlined in N.J.S.A. 10:412:

Any matter involving the purchase, lease or acquisition of real property.Police Agreement .' .

Volunteer Ambulance Corp Agreement

The closed session commenced at 6:35 p.m. and ended at 7:35 p.m,On a motion by Drimones, seconded by Norton, the council resumed the open session.

Mr.Plawker asked that the council go back into closed session t~ discuss one item about the TimeWarner Contract. '

Closed session commenced at 7:40 p.m, and ended at 7:42 p.m.In a motion by Norton, seconded by Drimones, the council resumed the open session.


MINUTES OF THE: Special Meeting of April 13,2005; Caucus Meeting of April 20, 2005; andRegular Meeting ofApril 20, 2005 were placed on the Regular Agenda for approval.


Police Report of April, 2005Court report of April, 2005Construction Code Official's Report of April, 2005Collector/Treasurer's Report of March, 2005

MAY 05 2009


2005-000102-REV1


05-98MAY 18,2005


E.C. Police Department Telephone System

Councilman Parisi said he knew the name of a company that could possibly supply us withspare parts for the telephones until we move to new quarters. The Municipal Clerk is to callCouncilman Parisi to get the telephone number.

Borough Attorney Verizon Contract

Ordered filed on a motion by Norton, seconded by Kasoff and Carried.


05-54 Authorize Mayor to sign Agreement with Englewood Library05-55 Easement and Indemnification Agreement, 23 Lynn Drive

THE FOLLOWING ORDINANCES WAS/WERE PLACED ON THE REGULAR AGENDAFOR INTRODUCTION:

2005-112005-12

Amend Chapter ST:I, Shade Tree OrdinanceAmend Chapter XXX, Tree Preservation Ordinance

THE FOLLOWING ORDINANCES WERE PLACED ON THE REGULAR AGENDA FORSECOND READING/ PUBLIC HEARING.

2005-102005-022005-09

Exceed CapAmend Chapter IX, Demolition2005 Salary Ordinance

NEW BUSINESS: Mr. Bialko requested that a sewer repair fee be added on to th e fees for theconstruction of new homes. The council said it would look into it.

ADJOURN: On a motion by Parisi, seconded by Ka soff, the meeting was adjourned at 7:59p.m, Carried.

ATTEST:


APPROVED:

JOSEPH C. PARISI, MAY OR

MAY 05 2009


2005-000103-REV1


MAY 05 2009


2005-000104-REV1


05-99


MINUTES OF THE REGULAR MEETING OF MAY 18, 2005




ALSO PRESENT:

Municipal AttorneyMunicipal Enginee rMunicipal AuditorChief of PoliceSuperintendent DPW

Joseph C. Parisinan PlawkerThomas ManolioPatricia DrimonesJerry KasoffJoseph Parisi, Jr.Lynn Norton

"

E, Carter Corriston, Esq.Rick McGrathSteven Weilkotz,Lawrence WhitingRodney BiaIko

FLAG SALUTE LEAD BY COUNCIL PRESIDENT PLAWKER


ADEQUATE NOTICE OF TIllS MEETING WAS GIVEN TO THE PRESS AND POSTED ASREQUIRED, DATE AND TIME OF TIllS MEETING WAS LEGALLY GIVEN AS REQUIREDBY THE "OPEN PUBLIC MEETINGS ACT,"TIllS NOTICE IS ON FILE WITH THE MUNICIPAL CLERK AND POSTED ON THEBULLETIN BOARD,MINUTE S OF rms MEETIN G WILL BE MADE AVAILABLE TO THE PUBLIC UPON THECOMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK,

MAY 05 2009


2005-000105-REV1


05-100MAY 18, 2005

ADOPTION OF THE 2005 MUNICIPAL BUDGET:

MR. PLAWKER CALLED UP FOR SECOND READING AN ORDINANCE ENTITLED:

ORDINANCE 2005-10

The clerk presented affidavit of publication, showing that advertisement had been made according tolaw, which was ordered filed. Mr. Plawker moved a public hearing be held on the ordinance. Soordered. Mr. Plawker moved the clerk read the ordinance by title on second reading. So ordered.The clerk thereupon read the ordinance by title. The mayor then announced that all interested partieswould now be given opportunity to be heard for or against the adoption of the ordinance.


Diane Sank, Charlotte Place

After all interested parties had spoken on the ordinance, Ms. Norton moved the hearing be closed.So ordered.

Mr. Plawker moved the ordinance be adopted on second reading and final passage, which motionwas seconded by Ms. Norton and adopted upon a call of the roll.


ORDINANCE 2005-to

CALENDAR YE AR 2005ORDINANCE TO EXCEED THE MUNlCIPAL BUDGET

APPROPRIATION LlMlTS AND TO ESTABLISHA CAP BANK (N.J.S.A. 40A: 4-45.14)

WHEREAS, the Local Governm ent Cap Law, NJ .S. 40A: 4-45 .1 et seq., provides that in thepreparation of its annua l budget, a municipality shall limit any increase in said budget to 2.5%unles s authorized by ordinance to increase it to 3.5% over the previous year's final appropriations,subjec t to certain exceptions; and,

WHEREAS, N.J.S.A. 40A: 4-45.15a provides that a municipality may, when auth orized byordinance, appropriate the difference between the amount of its actual final appropriation and the3.5% percentage rate as an exception to its final appropriations in either of the next twosucceeding years; and,

WHEREAS, the Borough Council of the Borough of Englewood Cliffs in the County of Bergenfinds it advisable and necessary to increase its CY 2005 budget by up to 3.5% over the previousyear's final appropriations, in the interest of promotin g the health, safety and wel fare of thecitizens; and,

MAY 05 2009


2005-000106-REV1


05-101

MAY 18,2005

WHEREAS, the Borough Counc il hereby determines that a 1.0% increase in the budget for saidyear, amounting to $68,304.89 in excess of the increase in final appropriations otherwisepermitted by the Local Government Cap Law , is advisable and neces sary ; and,

WHEREAS the Borough Council hereby determines that any amount authorized hereinabovethat is not appropriated as part of the [mal budget shall be retained as an exception to finalappropriation in either of the next two succeeding years.

NOW THEREFORE BE IT ORDAINED, by the Borough Council of the Borough ofEnglewood Cliffs , in the Coun ty of Bergen, a majority of the full authorized membership of thisgoverning body affirmatively concurring, that, in the CY 2005 budget year, the finalappropriations of the Borough of Englewood Cliffs shall, in accordance with this ordinance andN.J.S .A. 40A: 4-45.14, be increased by 3.50%, amounting to $239,067.12, and that the CY 2005munic ipal hudget for the Borough of Englewood Cliffs be approved and adopted in accordancewith this ordinance; and,

BE IT FURTHER ORDAINED, that any that any amount autliorized hereinabove that is notappropriated as part of the final bud get shal l be retained as aD. exception to [mal appropriation ineither of the next two succeeding years; and,

BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filedwith the Director of the Division of Local Government Services within 5 days of introduct ion;and, .

BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with therecorded vote included thereon, be filed with said Director within 5 days after such adoption .

On a motion by Parisi, seconded b y Drimones, resolution 05-52 w as offered for adoption .

Roll Call:Ayes: Plawker, Manolio, Drim ones, Kasoff, Parisi, Norton

RESOLUTION 04-52Be it resolved by the Mayor and Council of the Borough of Englewood Cliffs of the County ofBergen that the budget hereinbefore set forth is hereby adopted and shall constitute an appropri ationfor the purposes stated in the sums therein set forth as appropriations, and authorization of theamount of:

(a) $7.995.4 19.09 For m unicipal purposes.

MAY 05 2009


2005-000107-REV1


05-102MAY 18,2005

MINUTES OF THE FOLLOWING MEETINGS WERE ACCEPTED AS PRESENTED ONA MOTION BY PARISI, SECONDED BY DRIMONES, AND CARR1ED.

Special Meeting of April 13, 2005Caucus Meeting of April 20, 2005Regular Meeting ofApril 20, 2005

THE FOLLOWING REPORTS WERE ORDERED FILED ON A MOTION BY MANOLIO,SECONDED BY DRIMONES, AND CARRIED.

Police Report of April, 2005Court Report ofApril, 2005Construction Code Officials Report of April, 2005Collector Treasurer' s Report of March, 2005

CLAIMS:

On a motion by Plawker, seconded by Manolio , the Claims for the month of May, 2005 were orderedpaid.

,Ayes: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton

MAY 05 2009


2005-000108-REV1


05-103MAY 18,2005

RESOLUTIONS:

MAYOR PARISI STATED:"IF ANYONE WISHES TO COMMENT ON ANY RESOLUTION TO BE ACTED ONTIDS EVENING, THEY MAY DO SO AT TIDS TIME."

On a motion by Norton, seconded by Drimones, Resolution 05-54 was offered for adoption:

ROLL CALL:AYES:

TITLE:


RESOLUTION 05-54

AUTH ORIZE MAYOR AND MUNICIPAL 'CLERK TO SIGNAGREEMENT WITH THE ENGLEWOOD LffiRARY

BE IT RESOLVED, that tbe Borough Cnun cil of theBorough of Englewood Cliffs doesherehy authorize the Mayor and Municipal Clerk to sign an Agreement betwee n the Borough ofEngle wood Cliffs and the Englewood Library, ..

On a motion by Drimones, seconded by M anolio, Resolution 05-55 was offered for adoption:

ROLLCALL:AYES:

TITLE:


RESOLUTION 05-55

EASEMENT AND INDEMNIFICATION AGREEMENTMASSACID, 23 LYNN DRIVE

WHEREAS, Jamileh and Yahya Massachi, have installed a driveway, on premises locatedat 23 Lynn Drive, Englewood Cliffs, New Jersey, also know as Block 1006, Lot 2, which encroachesupon an existing sanitary sewer easement which is 7 Y, feet wide as shown on Sheet 10 of the TaxMap of the Borough of Englewood Cliffs, updated as of January 1989,

WHEREAS, the Mayor and Council have considered same;

NOW, THEREFORE BE IT RESOLVED, that the Borough of Englewood Cliffsagrees to permit said Jamileh and Yahya Massachi to maintain said drivew ay upon their premisessubject to a certain Easement and Indemnification Agreement which they shall exec ute with theBoro ugh; and

BE IT F URTHER RESOLVED that this agreement will become effective upon thepayment of Borough Attorney ' s fee of$250.00 and the applicant agreeing to pay all recordingcosts with tbe County of Bergen.

MAY 05 2009


2005-000109-REV1


05-104MAY 18,2005

MR. PLAWKER INTRODUCED AN ORDIN ANCE ENTITLED:

ORDINANCE 2005-11

AN ORDINANCE AMENDING CHAPTER ST:lENTITLED REGULATIONS FOR PLANTING,

CONTROL, PROTECTION AND IMPROVEMENTOF TREES AND SHRUBBERY OFTHE BOROUGHOF ENGLEWOOD CLIFFS, COUNTY OF.BERGEN,

STATE OF NEW JERSEY

Mr. Plawker moved the ordinance be given its first reading. Soordered,The Municipal Clerk read the said ordinance by title. Mr. Plawker moved the ordinancebe adopted on first reading and publisbed in the Press Journal on May 26,2005.The public bearing to be beld on June 15, 2005 . Motion was seconded by Ms. Drim ones.The ordinance was approved at the first reading upon the call of the roll .

AYES:..

Plawker, Manolio, Drimones, Kasoff, Parisi, Norton,

MS. DRlMONES INTRODUCED AN ORDINANCE ENTITLED:

ORDINANCE INTRODUCTION

ORDINANCE 2005-12

AN ORDINANCE AMENDING CHAPTER XXX, ZONINGSECTION 30-22 ENTITLED "TREE PRESERVATION AND

REMOVAL FOR RESIDENTIAL LOTS" OF THEBOROUGH OF ENGLEWOOD CLIFFS,

COUNTY OF BERGEN, STATE OF NEW JERSEY

Ms. Drimon es moved the ordinance be given its first reading. So ordered.The Municipal Clerk read the said ordinance by title. Ms. Drimones moved tbe ordinancebe adopted on first reading and published in the Press Journal on May 26, 2005 .The public hearing to be held on JUNE 15,2005. Motion was seconded by Mr. KasoffThe ordinance was approved at the first reading upon the call of the roll.

AYES: Plawker, Manolio, Drim ones, Kasoff, Parisi, Norton

MAY 05 2009


2005-000110-REV1


05-105MAY 18,2005


MR. PARISI CALLED UP FOR SECOND READING AN ORDIN ANCE ENTITLED:

ORDINANCE 2005-02

The clerk presented affidavit ofpublication, sbowing tbat advertisement had been made according tolaw, whicb was ordered filed. Mr. Parisi moved a public bearing be held on tbe ordinance. Soordered. Mr. Parisi moved tbe clerk read tbe ordinance by title on second reading. So ordered. TIleclerk thereupon read tbe ordinance by title. The mayor tben announced tbat all interested partieswould now be given opportunity to be heard for or against tbe adoption of the ordinance.

On a motion by Parisi, seconded by Plawker, section 9-20.lc was amended to read ten (10) businessdays instead of ten (10) days. Mr. Corriston advised tbat the ordinance did not have to be readvertised.

Roll Call on tbe amendment:Ayes: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton

After ample opportunity to speak on the ordinance as amended, had been given and no oneresponding, Mr. Parisi moved tbe hearing be closed. So ordered.

Mr. Parisi moved tbe ordinance, as amended, be adopted on second reading and final passage, whichmotion was seconded by Drimones and adopted upon a call of tbe roll.

ROLL CALL:AYES : Plawker, Manolio, Drimones, Kasoff, Parisi, Norton

ORDINANCE 2005-02

AN ORDINANCE AMENDING CHAPTER IX, ENTITLED "BUILDINGAND HOUSING" SPECIFICALLY SUBSECTION 9-20.1a, 9-20.1b and

9.20.1c, DEMOLITION PERMIT : SECURITY REQUIREMENTS, ANDFURTHER CORRECTING THE PRIOR AMENDING ORDINANCE WHICH

WAS IMPROPERLY SET FORTH AS CHAPTER XI, ENTITLED "BUILDINGAND HOUSING" .

BE IT ORDAINED by the Mayor and Council of the Borougb of Englewood Cliffs thatChapter XI, SUBSECTION 9-20.1 DEMOLITION PERMIT: SECURITYREQUIREMENTS sball be amended to include Subsection 9-20.1a, 9-20.l b and 9-20.1c to readas follows:

MAY 05 2009


2005-000111-REV1


05-106MAY 18,2005

9.20.1a Demolition Permit: Security Requirements . Prior to the issuance of apermit for the demolition of any structure pursuant to NJ .A.C. 5:23-2.17 or other applica hleregulation, the person, firm or entity making such application shall post with the constructionofficia l security in the form of cash, certified check, irrevocahle letter of credit or surety bondissued by a surety company authorized to do business in New Jersey. Such security shall be inthe amount of five hundred ($500.00) dollars for one family homes and accessory buildings, andtwo thousand five hundred ($2,500.00) dollars for all other buildings. Any interior renovationwithin a one family home which encompasses removal ofwalls, ceilings, flooring or appliancesshall be exempt from the provis ions hereof. The purpose of the security or condition of the bondshall be to insure that demolition shall have been performed in a good workmanlike manner, aswell as to guarantee compliance with subsection 9-20.2 and 9-20.3 of this section , in addition toall other regulations governing demolition. In the event a bond is posted, the benefi ciary of thesecurity or oblige shall be the owner or owners of the land and any persons having an interest inthe realty involved on which the demolition is taking place, and the term of any security, be itcash, certified check, irrevocable letter of credit or surety bond, shall terminate no earlier that thecompletion of the demolit ion or the expiration of the demolition permit, which ever is later, plusan additional 30 days. :

The site must be inspected by and approval granted from the Superintendent of PublicWorks or his designee before a building permi t can be issued or further work can be conducted.

;

9-20.1b. Prior to the issuance of a building permit, or within three (3) businessdays after demolition is completed in accordance with a Borough demolition permit , all existingstorm drainage lines, including sump pump discharge lines, sanitary sewer laterals and/or potablewater lines must be physically plugged, capped and/or removed to prevent any discharge fromsaid lines.

9-20.1c In addit ion to the aforesaid requirements set forth in 9-20.la and 9-20.lb,the applicant must first apply to the Chairman of the Shade Tree Commission and/or theirdesignee, and the Environmental Commission Chairman and/or their designee and comply withthe provisions of Chapter XXX , Zoning , section 30-22 entitled "Tree Preservation and RemovalFor Residential Lots" Ordinance and the requirement of Chapter ST:I, entitled "Regulations ForPlanting, Control , Protection and Improvement of Trees and Shrubbery", which regulates ShadeTrees within the Borough and obtain such permission and/or approvals as necessary. Saidapplication shall he made to the Office of the Construction Department, who shall advise theapplicant what person they should direc tly contact for said approva ls and the said commissions.In the event that there is no approval granted or denia l made within ten (10) busin ess days of theapplication being made, pursuant to this ordinance the Construction Official may waive theprovi sions of this ordinance.

BE IT FURTHER ORDAINED that all ordinances or parts of ordinances other than thezoning ordinance of the Borough which are inconsistent with the provisions of this chapter arehereby repealed to the extent of such inconsistency; and

BE IT FURTHER ORDAIN ED should and part or provision of this Ordinance be heldunconstitutional or invalid, such decision shall not affect the validity of this Ordinance as a wholeor part thereof, other than the part held so unconstitutional or invalid.

MAY 05 2009


2005-000112-REV1


05-107MAY 18, 2005

BE IT FURTHER ORDAINED that this Ordinance shall become effective uponadoption and publication in accordance with law.

MR. PARISI CALLED UP FOR SECOND READING AN ORDINANCE ENTITLED:

ORDINANCE 2005-09

The clerk presented affidavit ofpublication, showing that advertisement had been made according tolaw, which was ordered filed. Mr. Parisi moved a public hearing be held on the ordinance. Soordered. Mr. Parisi moved the clerk read the ordinance by title on second reading. So ordered. Theclerk thereupon read the ordinance by title. The mayor then announced that all interested partieswould now be given opportunity to be heard for or against the adoption of the ordinance.


Diane Sank, Charlotte Place

After all interested parties had spoken on the ordinance, Mr. Plawker moved the hearing be closed.So ordered.

Mr. Parisi moved the ordinance be adopted on second reading and final passage, which motion wasseconded by Ms. Norton and adopted upon a call of the roll.


ORDINANCE 2005-09

AN ORDIN ANCE FIXING SALARIES, WAGES AND COMPENSATION for all salaried,appointed and elected Officers within the Borough of Englewood Cliffs, in the County of Bergen,and State ofNew Jersey.

BE IT ORDAINED by the Mayor and Council of the Borough of Englewood Cliffs, County ofBergen, State ofNew Jersey, as follows:

SECTION I. The following salaries, wages and/or compensation shall be paid to the respectiveemployees of the Borough ofEnglewood Cliffs, for the year 2005, as set forth below:

1. Mayor - an annual salary of $3, 000. 00.

2. Council Persons (6) - an annual salary of $2, 500. 00 each

3. Borough Administrator - annual salary of $6,964. 00

4. Borough Attorney - an annual salary of $26,256. 00

MAY 05 2009


2005-000113-REV1


MAY 18,2005

5. Borough Clerk - an annual salary of $76,890. 00

6. Deputy Borough Clerk - an annual salary of $30,865.00

7. ClericallSecretarial- an hourly wage of $10.00 - $20.00

8. Secretary Constr. Bd. of Appeals - an annual salary of $912. 00

9. Tax CoUector - an annual salary of $46,043. 00

10. Chief Financial Officer - an annual salary of $1,654. 00

11. Assistant Tax CoUector - an annual salary of $43,021. 00

12. Tax Office Clerk - an annual salary of $25,084. 90

13. Tax Search Officer - an annual salary of $1,654. 00

14. Tax Assessor - an annual salary of $16,873. 00

15. Secretary to Bd. of Adjustment - an annual salary of $9,118. 00

16. Secretary to Planning Board - an annual salary of $9,118. 00

17. Fire Prevention Official- an annual salary of $11,784. 00

18. Municipal Court Judge - an annual salary of $26,256. 00

19. Violations & Municipal Court - an annnal salary of $40,466. 00

20. Borough Prosecutor - an annual salary of $9,846. 00

21. Borough Public Defender - an annual salary of $3,941.00

22. Ext ra Help Municipal Court - an hourly wage of $20.00 to $30. 00

23. Construction Code Official- an annual salary of $28,314. 00

24. Control Person - an annual salary of $29,395. 00

25. Fire Sub-Code Official - an annual salary range of $9,990. 00

26. Building Inspector - an annual salary of $25,678.00

27. Electrical Inspector - an annual salary of $9,359.00

28. Environmental Inspector - an annual salary of $3,510.00

05-108MAY 05 2009


2005-000114-REV1


MAY 18, 2005

29. c.C.O. Inspector - an annual salary of $1, 500. 00

30. Plumbing Sub-Code Official- an annual salary range of $9,118. 00

31. Sewer Operator - an annual salary of $5,891. 00

32. Board of Health Secretary - an annual salary of $9,118. 00

33. Board of Health Attorney - an annual salary of $3,941.00

34. Administrator of Public Assistance - an annual salary of $1,247. 00

35. Shade Tree Secretary - an annual salary of $1. 00

36. Recreation Consultant - An annual salary of $8,500.00

37. Seasonal Employees - an hourly wage of $6.12 to $15:22

38. Assessment Search Officer - an annual salary of$1,654. 00

39. Police Secretary - an annual salary of $37,527. 00

40. School Crossing Guards - a per diem wage of $60.00 - $90.00

41. Superintendent of D.P.W. - an annual salary of $111,862.00

42. Secretary of DPW/Recycling - an annual salary of $30,417.00

05-109

MAY 05 2009


2005-000115-REV1


MAY 18,2005

SCHEDULE A

POLICE SALARIES FOR 2005

Chief of Police: a salary for 2005 of$144,077 .00

Police Captain: a salary for 2005 of$124,205.00

Police Lieutenant: a salary for 2005 of$ 115,004.00

Sergeant: a salary for 2005 of $106,485 .00

Patrolman (I" Grade): a salary for 2005 of $98,598.00

Patrolman (hired after 1/1/94)

I" Year of Service - 2005: $29,030.00

2' " Year of Service - 2005: $36,622.00

3"' Year of Service -2005: $42,948.00

4th Year of Service - 2005: $52,034.00



7"' Year of Service - 2005: $79,292.00

s" Year of Service - 2005: $92,108.00

05-110MAY 05 2009


2005-000116-REV1


PATROLMAN HIRED AFTER 1999

MAY 18, 200505-111

2005 SALARY

BASE HOLIDAY LONGEVITY TOTAL

1. 29029.52 1451.482. 36621.52 1831.083. 42947.84 2147.394. 52034.32 2601.725. 61119.76 3055.996. 70206.24 3510.317. 79291.68 3964.588. 92107.60 4605.389. PATROLMAN 1"GRADE

OVERTIME RATE

1. 20.942. 26.413. 30.974. 37.535. 44.086. 50.637. 57.188. 66.42


oooo

2% 1222.392% 1404.122% 1585.832% 1842.15

30481.0038452.6045095.2354636.0465398.1475111.6784842.0998555.13

2006 SALARY


1. 30190.69 1509.532. 38086.38 1904.323. 44665.75 2233.294. 54115.69 2705.785. 63564.55 3178.236. 73014.49 3650.727. 82463.35 4123.178. 95791.90 4789.599. PATROLMAN 1"GRADE

OVERTIME RATE1. 21.772. 27.463. 32.214. 39.035. 45.846. 52.657. 59.478. 69.08

oooo

2% 1271.292% 1460.292% 1649.272% 1915.84

31700.2139990.7046899.0456821.4768014.0778125.5088235.79102,497.33

MAY 05 2009


2005-000117-REV1



MAY 18,200505-112

2007 SALARY


1. 31398..31 1569.912. 39609.83 1980.493. 46452.38 2322.624. 56280.32 2814.025. 66107.13 3305.366. 75935.07 3796.757. 85761.88 4288.098 99623.58 4981.189. PATROLMAN I"GRADE

OVERTIME RATE1. 22.642. 28.563. 33.504. 40.595. 47.676. 54.767. 61.858. 71.85


oooo

2% 1322.142% 1518.702% 1715.242% 1992.47

32968.2241590.3248775.0059094.3470734.6381250.5291765.21

106597.23

:

2008 SALARY

BASE HO LIDAY LONGEVITY TOTAL

1. 32654.24 1632.712. 41194.22 2059.713. 48310.47 2415.524. 58531.53 2926.585. 68751.41 3437.576. 78972.47 3948.627. 89192.35 4459.628. 103608.52 5180.439. PATROLMAN 1" GRADE

OVERTIME RATE1. 23.552. 29.703. 34.844. 42.215. 49.586. 56.957. 64.328. 74.72

oooo

2% 1375.032% 1579.452% 1783.852% 2072.17

34286.9543253.9350725.90614258.1173564.0184500.5495435.82

110861.1 2

MAY 05 2009


2005-000118-REV1


05-113MAY 18, 2005

SCBEDULEB

DEPARTMENT OF PUBLIC WORKS SALARIES FOR 2005

Mechanic: (Step 7)

DPWWorker:

DPW Forman:

Gray, an annual salary of $55,576.00

Billington, an annual salary of $62,278.00

Mele, an annual salary of $58,135.00

DPW Driver: (Step 2) Morgan, an annual salary of $26,779.00

DPW Driver: (Step 2) Devens, an annual salary of $26,7,79.00

DPW Driver: (Step 5) Neville, an annual salary of$35,118.00.,

DPW Driver: (Step 4) Fedouchik, an annual salary of $32,338.00

DPW Driver: (Step 4) Maglione, an annual salary of$32,338.00

DPW Driver: (Step 4) Campomanes, an annual salary of $32,338.00

DPW Worker: New Hires: $24,000.00

Part-time Department of Public Works Employees:an hourly wage of $6.1 2 to $20.00

DRNER MECHANIC

Step I $24,000 $40,076Step 2 $26,779 $42,576Step 3 $29 ,559 $45 ,076Step 4 $32,3 38 $47,576Step 5 $35,118 $50,576Step 6 $37,897 $53,076Step 7 $40,677 $55,576Step 8 $43,456 $58,076Step 9 $46,236 $60,576Step 10 $49,015 $63,076

MAY 05 2009


2005-000119-REV1


05-114MAY 18,2005

SECTIOND.

A. Longevity for Administrative employees who receive health benefits shaU beimplemented and supplemented by adding thereto two percent (2%) increase foreach four (4) years of service with a maximum of fourteen percent (14%) fortwenty eight years of service as a "longevity pay increase."

B. Longevity for Police shaUbe implemented and supplemented by addingthereto two percent (2%) increase for each four (4) years of service with amaximum of eighteen percent (18%) for 36 years of service, as a "longevitypay increase".

SECTION m. Should any part or provision of this Ordinance be held unconstitutional orinvalid, such decision shaU not affect the validity of this Ordinance as a whole or any partthereof, other than the part held so unconstitutional or invalid.

COMMITTEE REPORTS:

COUNCilMAN KASOFF:

No Report

COUNCILMAN PARISI:

Legal, Lighting, Tran~ortation, Clean CommunitiesBuilding Development,

Public Safety

Sgt. Coletta celebrated his 17'hyear on the Police Force.

The Police Department received a letter of thanks from the Shade Tree Commissionfor their help on Arbor Day.

The Police Department received a letter ofthanks from Mr. Kwetz for the Police escortat the funeral of his wife.

The Witte Clinic has been going weU. The schedule has been extended for one moreweek because of rain.

The Police Department Honor Guard attended the Memorial services for faUen Policeofficers at the Police Academy. Former Chief Fred Witte 's name is on the Memorial.

The Fire Memorial services at the Academy will be held on Sunday.

The Fire Department 100'hAnniversary cruise will be held on June 12'h.

The 200 club will he sponsoring a 20'h Anniversary Party on June 29'h at the Venetianin Garfield.

MAY 05 2009


2005-000120-REV1


05-115MAY 18, 2005

The Chamher of Commerce has inducted 18 new members,The Chamber is also going to try to get a Clean Communities grant to beautify thecorner of 9W and Palisade Avenue.

Little League will be conducting a fund rais er at the Assembly restaurant on June 81h•

COUNCILWOMAN NORTON:

Girls softball is going well.

Recreation, Community Events

The Englewood Cliffs Senior baseball team is iu first place . The team plays with threeother teams from Leonia.

The recreation department is looking into other uses Tor the dog run since the run hasbeen getting little use.

The batting cage will be getting a new surface.

COUNCILMAN PLAWKER:

No Report

COUNCILWOMAN DRIMONES:

Finance, Historical

Sanitation, Ambulance Corps, Planning Board,Beautification

The application for 452 Hudson Terrace has been carried to the June meeting.

The new president of the Englewood Cliffs Board of Education is Deborah Fehre andthe Vice President is Joseph Luppino.

The new extended summer camp is a go. The program will end at 3 p.m,There have been 50 registrations avera ging 28 participants per day.

COUNCILMAN MANOLlO: DPW, Building & Grounds, Recycling, Bd. Of Adj.

The Board of Adjustment approved a variance on Bayview Avenue.


A change will be made to the Police Longevity ordinance. The maximum longevity willbe increased from 16% to 18% for 36 years of service.

MAY 05 2009


2005-000121-REV1


05-116MAY 18, 2005

REPORT OF BOROUGH ENGINEER:

The 2005 road improvement program wiD be going out to bid shortly.

The Floyd Street repaving project should be completed shortly.

REPORT OF THE POLICE CHIEF:

The department wiD be enforcing the Click it or Ticket program .

Two officers are available to assist residents in the installation of child seats in vehicles.

PUBLIC PORTION: On a motion by Norton, seconded by Drimones, the meeting was opened tothe public. Carried.

Ms. Sank asked about the Cable TV Franchise. Mr. Corriston explained.

Ms. Sank asked about the HarryGrant letter from the last meeting.,

Ms. Breen asked for information about the curbs on VanNostrand. She wanted theminvestigated as to whether or not the concrete was to specifications.

Ms. Breen asked about the status of the removal of the box containers on the CitiCorpproperty. Mr. Goldstein stated that CitiCorp has started the removal but they are proceedingat a very slow pace.

On a motion by Parisi, seconded by Drimones, the public portion of the meeting was closed.Carried,

On a motion by Drimones, seconded by Manolio, the meeting was adjourned at 8:55, p.m.

ATTEST:

JOSEP H FAVARO , MUNlCIPAL CLERK

APPROVED:


MAY 05 2009


2005-000122-REV1


"

MAY 05 2009


2005-000123-REV1


05-1 17


MINUTES OF THE CAUCUS MEETING OF JUNE 15, 2005



MayorCouncil PresidentCouncilmanCounc ilwomanCouncilmanCouncilwoman


Councilman

ALSO PRESENT:

Borough AttorneyBorough EngineerChief of PoliceSupt. ofPublic Works


Joseph C. Parisinan PlawkerThomas ManolioPatricia DrimonesJoseph Parisi, Jr.Lynn Norton

Jerry Kasoff

E. Carter Corriston, Esq.Bernard MirandiLawrence WhitingRodney Bialko

Adequate notice ofthis meeting was given to the press and posted as required. Date and time of thismeeting was legally given as required by the "Open Public Meetings Act."This notice is on file with the Municipal Clerk and posted Onthe bulletin board.Minutes of this meeting will be made available to the public upon the comp letion of typing andproofreading by the Municipal Clerk.


On a motion by Parisi, seconded by Plawker, resolution 05-60 was offered for adoption:

ROLL CALL:AYES :ABSENT:


MAY 05 2009


2005-000124-REV1


05-118JUNE 15, 2005


WHEREAS, N.J.S.A. 10:4-12 allows for a public body to go into close d session during apublic meeting, and

WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs has deemed itnecessary to go into closed session to discuss certa in matters which are exempted from the public,


Any pending or anticipated litigation or contract negotiation.Any matter involving personnel

The closed session began at 6:35 p.m. and ended at 7:35 p.m. On a motion by Norton, seconded byDrimones, the Council returned to open session. Canied.

MINUTES OF THE: Caucus Meeting of May 18, 2005 and Regular Meeting of May 18, 2005were placed on the Regular Agenda for approval. ;


Police Report of May, 2005Court report of M ay, 2005Construction Code Official's Report of May, 2005


05-53 Appoint Community Development Representative05-57 Renew 2005-2006 Plenary Retail Liquor Licenses05-58 Community Development Authorize Inclusion05-59 Removal of Sidewalk, 263 Castle Drive

THE FOLLOWING ORDINANCE WAS PLACED ON THE REGULAR AGENDA FORINTRODUCTION:

2005-13 Amend Police Ordinance

MAY 05 2009


2005-000125-REV1


05-119JUNE 15, 2005

THE FOLLOWING ORDINANCES WERE PLACED ON THE REGULAR AGENDA FORPUBLIC HEARING AND ADOPTION:

2005-112005-12

Amend Chapter XXX, Tree Preservation OrdinanceAmend Chapter ST:l, Shade Tree Ordinance

REPORT OF SUPT. OF PUBLIC WORKS:

Capital Items: Mr. Bialko listed items he slated were needed to replace items that wereeither not working or in need of replacement.

Sewer Fees: Mr. Corriston is preparing an ordinance to address the issue.

2005 Road bnprovements: The Engineer estimated that the cost of the project would beabout $400,000. Roads involved are, Middlesex, Lyncrest, Rose and Roberts.

NEW BUSINESS: Michael Klein, Unison Site Management[Mr. KJein did not show up for the meeting.]

ADJOURN: The meeting adjourned at 7:55 on a motion,by Norton , seconded by Drimonesand carried.

ATTEST:


APPROVED:


MAY 05 2009


2005-000126-REV1


05-120


MINUTES OF THE REGULAR MEETING OF JUNE 15,2005





Councilman

ALSO PRESENT :

Municipal AttorneyMunicipal EngineerChiefFinancial OfficerChief ofPoliceSuperintendent DPW

FLAG SALUTE LEAD BY:


Joseph C. ParisiDan PlawkerThomas ManolioPatricia DrimonesJoseph Parisi, Jr. .Lynn Norton

Jerry Kasoff

E. Carter Corriston, Esq.Bernard MirandiJoseph Iannaconi, Jr.Lawrence WhitingRodney Bialko

ADEQUATE NOTICE OF TIllS MEETING WAS GIVEN TO THE PRESS AND POSTED ASREQUIRED . DATE AND TIME OF TIllS MEETING WAS LEGALLY GIVEN AS REQUIREDBY THE "OPEN PUBLIC MEETINGS ACT."THIS NOTICE IS ON FILE WITH THE MUNICIPAL CLERK AND POSTED ON THEBULLETIN BOARD .MINUTES OF TIllS MEETING WILL BE MADE AVAILABLE TO THE PUBLIC UPON THECOMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.

MAY 05 2009


2005-000127-REV1


05-121JUNE 15, 2005

MINUTES OF THE FOLLOWING MEETINGS WERE ACCEPTED AS PRESENTED ONA MOTION BY MANOLIO, SECONDED BY PARISI, AND CARRIED.

Caucus Meeting ofMay 18,2005Regular Meeting ofMay 18, 2005

THE FOLLOWING REPORTS WERE ORDERED FILED ON A MOTION BY PLAWKER,SECONDED BY PARISI, AND CARRIED.

Police Report of May, 2005Court Report of May, 2005Construction Code Officials Report of May, 2005

CLAIMS:

On a motion by PLAWKER, seconded by MANOLIO, the Claims for the month of June, 2005 wereordered paid. .

Ayes:Absent:


MAY 05 2009


2005-000128-REV1


05-122JUNE 15, 2005

RESOLUTIONS:

MAYORPARISI STATED:"IF ANYONE WISHES TO COl'vlMENT ON ANY RESOLUTION TO BE ACTED ON THISEVENING, THEY MAYDO SO AT THIS TIME."

On a motion by PLAWKER, seconded by PARISI, Resolution 05-53 was offered for adoption:



RESOLUTION 05-53

TITLE: APPOINTMENT COMMUNITY DEVELOPMENT REPRESENTATIVES

WHEREAS, the Borough of Englewood Cliffs has entered into a Three YearCooperative Agreement with the County of Bergen as provided under the InterlocalServices Act, NJ.S.A. 40A:8A-I et seq. And Title I of the Housing and CommunityDevelopment Act of 1974; and

WHEREAS, said Agreement requires that onie Municipal Representative beappointed by the Governing Body of the Community to be part of the CommunityDevelopment Regional Committee for the term of one year coinciding with the fiscalyear ofJuly 1, 2005 through June 30, 2006.

NOW, THEREFORE, BE IT RESOLVED, that the governing body herebyappoints Marilyn Gittleman, 24 Booth Avenue Englewoo d Cliffs , NJ . 07632 as itsrepresentative to participate on the Community Development Regional Committee.

On a motion by DRIMONES, seconded by MANOLIO, Resolution 05-57 was offered foradoption:

ROLLCALL:AYES:ABSENT:ABSTAIN:

Plawker, Manolio, Drimones, NortonKasoffParisi

MAY 05 2009


2005-000129-REV1


05 -123JUNE 15, 2005

RESOLUTION 05-57

TITLE: Renewal of Plenary Retail consumption Licenses

WHEREAS, application for Plenary Retail Consumption Licenses have been made by thefollowing and;

WHEREAS, no protests have been filed with the Municipal Clerk ;

NOW, THEREFORE BE IT RESOLVED, that the Municipal Clerk be and he is herebyauthorized and directed to issue a Plenary Retail consumption License to the following applicants,subject to payment of the proper fees as set forth in the Borough Ordinance.

Slate Issued License Number

#0216-33-001-003

#0216-33-002-003

#0216-33-003-002

#0216-33-004-009

#0216-33-005-003

#0216-33-006-006

#0216-33-007-006

#0216-33-008-005

Name and Address

I IK Restaurant Corp495 Sylvan AvenueT/A Assembly Steak House '

Chiko Enterprise Inc.150 Sylvan AvenueT/A Crys tal Palace

PKG Resta urant Corp487 Sylvan AvenueT/A Bicycle Club

Inkad LLC14 Sylvan AvenueT/A Cafe Italiano

484 Sylvan Avenue Corp484 Sylvan AvenueT/A Grissini

Shadd ai, Inc.464 Sylvan AvenueT/A Mama Mex ico

RDA Restaurant Inc.717 Palisade AvenueT/A Royal Cliffs Diner

Jamie 's Beverage Corp574 Sylvan AvenueT/A Sangrita

MAY 05 2009


2005-000130-REV1


05-124JUNE 15, 2005

On a motion by PARISI, seconded by DRIMONES, Resolution 05-58 was offered for adoption:



RESOLUTION 05-58

TITLE: A RESOLUTION AUTHORlZlNG lNCLUSION IN THE BERGENCOUNTY COMMUNITY DEVELOPMENT PROGRAM

WHEREAS, certain Federal funds are potentially available to the County of Bergenunder Title I of the Housing and Community Development Act of 1974, as amended and HOMEInvestment Partnership Act of 1990, as amended; and '

WHEREAS, the current Interlocal Services Agreement contains an automatic renewalclause to expedite the notification of the inclusion process; and

WHEREAS, each municipality must notify the Bergen county Division of CommunityDevelopment of its intent to continue as a participant in the,Urhan County entitlement programnoted above; and

WHEREAS, It IS ill the best interest of the Borough of Englewood Cliffs and itsresidents to participate in said programs.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Boroughof Englewood Cliffs that it hereby notifies the Bergen County Division of CommunityDevelopment of its decision to be included as a participant municipality in the Urban Countyentitlement programs being the Community Development Block Grant Program and HomeInvestment Partnership Act Program for the Program Years 2006, 2007, 2005, 2008 (July 1,2006- June 30, 2009); and

BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to theBergen County Division of Community Development no later than June 20, 2005.

On a motion by PLAWKER, seconded by MANOLIO, Resolution 05-59 was offered foradoptiou:



MAY 05 2009


2005-000131-REV1


05-125JUNE 15, 2005

RES OLUTION 05-59

RE: REMOVAL OF SIDEWALl(, 263 CASTLE DRlVE

Dr. Aisenberg residing at 263 Castle Drive is hereby givenpermi ssion to remove the sidewalk that is located in front of their home in orderthat their home will conform with the ir neighbors.

It is to be understood that Dr. Aisenberg is sole ly responsible for theremoval of the sidewalk and the cost tbereof. The Borough of Englewood Cliffsis not responsible for any of the costs of this project.

ORDINANCE INTROD lJCTJON

. COUNCll..MAN PARISI INTRODUCED AN ORDINANCE ENTITLED:

ORDINANCE 2005-13 .

AN ORDINANCE AMENDING ORDINANCE NOS.184RM 7505, 7516, 8906, AND 2001-11

AND RATIFYING PRIOR AMENDMENTS THERETO

Mr. Parisi moved the ordinance be given its first reading. So ordered.The Municipal Clerk read the said ordinance by title. Mr. Parisi moved the ordinancebe adopted on first reading and published in the Press Journal on June 23, 2005The public hearing to be held on July 20, 2005 Motion was seconded by Mr. Plawker.The ordinance was approved at the first reading upon the call of the roll.

AYES: Plawker, Manolio, Drimones, Parisi, NortonABSENT: Kasoff


COUNCILWOMAN DRIMONES CALLED UP FOR SECOND READING ANORDINANCE ENTITLED:

ORDINANCE 2005-11

AN ORDINANCE AMENDING CHAPTER xxx, ZONINGSECTION 30-22 EI\'TlTLED "TREE PRESERVATION

AND REMOVAL FOR RESIDENTIAL LOTS"OF THE BOROUGH OF ENGLEWOOD CLIFFS,


MAY 05 2009


2005-000132-REV1


05-126JUNE 15, 2005

The clerk presented affidavit of publication, showing that advertisement had been made according tolaw, which was ordered filed . Ms. Drimones moved a public hearing be held on the ordinance. Soordered. Ms. Drimones moved the clerk read the ordinance by title on second readin g. So ordered.The clerk thereupon read the ordinance by title. Th e mayor then announced that all intere sted partieswould now be given opportunity to be heard for or against the adoption of the ordinance.

After ample opportunity had been given and no one responding Mr. Parisi moved the hearing beclosed. So ordered.

Ms . Drimones moved the ordinance be adopted on second reading and final passage, which motionwas seconded by Mr. Plawker and adopted upon a call of the roll.

ROLL CALL:AYES:ABSEN T :

Plawker, Manolio, Drimones, Pari si,NortonKasoff


AN ORDINANCE AMENDING CHAPTER XXX, ZONING,SECTION 30-22 ENTITLED "TREE PRESERVATION AND REMOVAL

FOR RESIDENTIAL LOTS"OF THE BOROUGH OF ENGLt WO OD CLIFFS

COUNT Y OF BERGEN, STATE OF NEW JERSEY

BE IT ORDAINED by the Mayor and Council of the Borough of Englewood Cliffs, thatthe following shall be amended to read as follows:

30-22 TREE PRESERVATION AND REMOVAL FOR RESIDENTIAL LOTS

30-22.1 - Title

a. This section shall be ent itled "Tree Preservation and Removal Ordinance forResidential Lots in the RA, RB, and RB-l Zone Distri cts, including ResidentialMinor and Maj or Sub divisions."

b. This section does not apply to non residentially zoned properties (Ord . #2000-4).

c. This section does not apply to Shade Trees.

30-22.4 - Definitions. Approval and Enforcement.

Border area shall mean a distance of ten (10) feet in from the side and rearproperty lines of a residential lot.

MAY 05 2009


2005-000133-REV1


05-1 27JUNE 15, 2005

Shade tree - shall mean any tree to which the Englewood Cliffs Shade Tree CommissionOrdinance app lies.

c. Shall be eliminated.

30-22.6 - Permitted Activities. Exempted from the permit requirement are the follo wing:

c. Trees which are disea sed or dead, or which endan ger public hea lth or safety, orthreaten damage to property. Except in case of an emergency requiringimmediate action for the safety of life or property, written approval must firstbe obtained from the Enforcing Officer before such trees are removed. In case ofemerge ncy, the owner shall notify the Englewood Cliffs Police Departme nt.An officer is to witness and record the situa tion, and send a report to thecommission.

30-22.7 - Criteria for Tree Removal.

b. Subject to the foregoing:

4. Border Areas. No tree shall be removed from border areas except upon proofof overriding necessity. Trees in border areas should be preserved even if loca tedwithin fifteen (15) feet of the principal building footprint, or within an area soughtto be utilized for a driveway, walkway, utility line or accessory structure.

5. Frontage Areas. Trees in the area between the street line and the front and sidesetback lines of the principal building shall be preserved to the greatest extentpossible.

Whe re trees have been removed from a border area, or from the area between thestreet and the setback lines, the highe st priority should be given to treereplacement in the same area.

6. Shade Trees.This entire section shall be deleted.

30-22.8 - App lication For Permit: Procedure

a. 5. A site plan specifically indicating the location of the tree or trees proposed forremoval and of the remaining tree( s) to be preserved that are six (6) inches and overin diameter, including a graphic depicti on thereof drawn to scale and showing the

location of all structures on the property in relation to such tree or trees.

d. No demolition or building permit shall be issued unless the applicant has firstobtained a tree removal permit or where no tree permit is involved, approval by theenforcing officer or the Environmental Commission.

MAY 05 2009


2005-000134-REV1


05-128JUNE 15, 2005

e. Where replacement of trees is required as hereinafter provided, for sites notinvolving a Certificate of Occupancy (CO), the applicant shall post a cashdeposit or perfo rmanc e guaranty bond equal to the estimated cost of complyingwith that requirement, at the time a permit is issued.

f. Where replacement of trees is required as hereinafter provided, for sites involvinga Certificate of Occupancy, a Letter of Agreement shall substitute for a bond toguaranty replacement of trees. If the replacement trees are not planted inaccordance with the requirements of the agreement, no CO will be granted untila cash bond to guaranty replacement is posted.

g. Where a bond is invo lved, failure to plant a replacement tree will result in therelease of the bond money to the Shade Tree Trust Fund of Englewood Cliffs.

The replacement tree will be planted on the borough right-of-way or any otherborough property.

h. All trees to be removed shall be flagged on the lot for identification and shall beidentified with a red ribbon encircling the trees four (4) feet above the ground.(Or4 . #2000-04, §8). .

30-22.9 - Tree Replacement Plan

As part of its review and approval process, the approving authority may requirethe applicant to replace trees where removal has been permitted or whereremoval has been undertaken in violation of this ordinance . Replacement shallbe at the applicant's sole cost and expense. The approving authority shall in allcases give due consideration to the character of the subject property and theability of the land to accommodate replacement trees, and may vary or waivethe replacement guidel ines if the literal enforcement is impractical or will exactundue hardship because of conditions peculiar to the property in question.Subj ect to the above, the follow ing guidelines shall apply.

a. Height. Replacement trees shall have a height of at least ten (10) feet orfifty (50%) percent of the height of the removed tree, whichever is greater,at the time of planting. A replacement tree need not exceed twelve (12)feet in height.

b. Diameter. Caliper measured at a point four (4) feet above the natural grade .Replacement trees shall have a diameter of at least thirty three and three tenths(33.3%) percent ofthe removed trees. A replacement tree need not exceedten (10) inches in diameter.

c. Species . A deciduous tree shall be replaced hy one (I) or more trees, thespec ies of which is either identical to the tree being removed or compatiblewith the soil type. A coniferous tree shall be replaced by a coniferoustree, or where approved by the approving authority, by a deciduous tree

or trees.

MAY 05 2009


2005-000135-REV1


05-129JUNE 15, 2005

If the applicant asserts that planting replacement trees on the property in questionwould be inappropriate and the approving authority agrees, the applicant in lieuofplanting trees may be permi tted to pay the borough for each such tree, the sumof five hundred ($500.00) dollars or one thousand ($1,000.00) dollars asspec ified in the following paragraph, dependent upon the circumstances.. Thes efunds shall be used for the purposes ofplanting shade tree or other trees onborough owned property or other trees in the borough. The enforcing officermay waive these costs dependent upon the circumstances pursu ant to thisordinance, particular ly in regard to the initial impracticability or hardshipbecause of the conditions peculiar to the property in question .

30-:22.10 - Protection of Existing Trees

a. In connection with any construction, but prior to the issuance of demolitionpermits or building permits or star! ofconstruction, whichever is first applicable,heavy duty plastic fencing or other protective harriers acceptable to the municipalofficial charged with the administration and enforcement of this section,shall be placed around trees that are 6" and over in diameter and that are not to beremoved. The protective barriers shall be placed at least five (5) feet from thetrunk of any tree and shall remain in place until all construction activity isterminated. This area shall be mulched with aminimum of 4" wood chip s. Noequipment, chemicals, soil deposit or constru'ction materials shall be placedwithin any area so protected by barriers. Any landscaping activities subsequentto the removal of the barriers shall be accomplished with light machinery or handlabor.

b. In the event that any tree to be saved in connection with the construction as setforth above, or if any tree planted or replaced shall die or be in serious declineone year after completion of construction or plant ing, it shall be removedand replaced by the applicant or the property owners within six (6)months or during the "first planting period" after removal.(Ord. #2000-04, §I0)

c. The Approving Authority shall have the right to enter construction sites andinspect for complianc e to Ordinance 2000-04 as work is in progress. This rightshall accrue not only to the Approving Authority, but to its Enforcing Officersand other Borough Officials.

Section 30-22.11 - Stop Work Orders; Suspension of Activitv.If the approving authority or the enforcing office has reasonable cause to believethat there may have been a violation of this ordinance:

c. The enforcing officer shall issue a stop work order requiring any activity on thesite to be stopped until the alleged violation is disposed of in the MunicipalCourt or until the violation is corrected to the satisfaction and approval of theenforcing offic er. However, work necessary to remedy the violation maycontinue.

MAY 05 2009


2005-000136-REV1


05-130JUNE 15,2005

Section 30-22.12 - Penalties.

Any person vio lating any provision of this ordinance shall be subject to a penaltynot to exceed Five Thousand ($5,000 .00) Dollars for each and everyviolation and/or imprisonment in the county j ail for a period not exceeding ninety(90)days, at the discretion of the Magistrate of the borough. Every tree whichhas been removed in violation of any provision of this section shall constitute aseparate offe nse.

BE IT FURTHER ORDAINED that this Ordinance shall become effective uponadoption and publication in accordance with law, and

BE IT FURTHER ORDAINED that all ordinances or parts of ordinances other than thezoning ordinance of the borough which are inconsistent with the provisions of this chapter arehereby repealed to the extent of such inconsistency, and

BE IT FURTHER ORDAINED shoul d any part or provision of this Ordinance be heldunconstitutional or invalid, such decision shall not affect the validity of this Ordinance as a wholeor any art thereof, other than the part held so unconstitutional or invalid .

This ordinance shall take effect upon final adoption and publi catio n according to law.


ORDINANCE 2005-12

AN ORDINANCE AMENDING CHAPTER ST:l, ENTITLEDREGULATIONS FOR PLANTING, CONTROL, PROTECTION

AND IMPRO VEMENT OF TREES AND SHRUBBERY OFTHE BOROUGH OF ENGLEWOOD CLIFFS,


The clerk presented affidavit of publication , showing that advertisement had been made according tolaw, which was ordered filed. Mr. Parisi moved a public hearing be held on the ordinance. Soordered. Mr. Parisi moved the clerk read the ordinance by title on second reading. So ordered. Theclerk thereupon read the ordinance by title. The mayor then announced that all interested partieswould now be given opportunity to be heard for or against the adoption of the ordinance.


Mr. Parisi moved the ordinance be adopted on second reading and final passage, which motion wasseconded by Ms. Drimones and adopted upon a call of the roll.

AYE:ABS ENT:

Plawker, Man olio, Drimones, Parisi, NortonKasoff

MAY 05 2009


2005-000137-REV1


05-131JUNE 15, 2005


AN ORDINANCE AMENDING CHAPTER ST:I" ENTITLEDREGULATIONS FOR PLANTING, CONTROL, PROTECTION AND

~ROVEMENTOFTREESANDSHRUBBERY

OF THE BOROUGH OF ENGLEWOOD CLIFFSCOUNTY OF BERGEN, STATE OF NEW JERSEY

BE IT ORDAINED by the Mayor and Council of the Borough of Englewood Cliffs , thatthe following shall be amended to read as follows:

"CHAPTER ST:I, ENTITLED REGULATIONS FOR PLANTING,CONTROL, PROTECTION AND ~ROVEMENT OF SHRUBBERYAND SHADE TREES." :,

ST:l-l - Definitions

Shade tree shall mean any deciduous tree with an erect perennial trunk atleast three (3) inches in diameter at breast height (4 12 feet or 1.3 meters) ,defmitely formed crown offoliage, and a height of at least fifteen (15) feet atmaturity within the borough's right-of-way and/or within ten feet of the curbline.

ST:I-2 - Permits

f. Nothing herein shall prevent any governmental agency from tying a publicnotice upon a tree in connection with administering governmental affairs.

Where a permit is required by the provisions of this chapter applicationherefor shall be made to the Shade Tree Commission, c/o of theBorough of Englewood Cliffs, 10 Kahn Terrace, Englewood Cliffs , County ofBergen, State ofNew Jersey, and the charge for said permit shall be $50.00.

J. Whenever a shade tree will interfere with proposed new construction, theowner shall apply to the commission for permission to have the tree removedand replaced pursuant to ST:1-4.

ST:I-4 - Cost of Trees and Improvements.

e. The owner or developer of a property, whether residential or commercial,except on county or State roads, shall plant new or replacement trees and theyshall be planted by the applicant at intervals of 35' or at such intervals which

are reasonable pursuant to the direction of the Shade Tree Commission. In theevent that the property shall be a comer property, then this Ordinance shall be

enforced on all sides of the property fronting streets. Measurements shall betaken by the commission and the commission will disregard existing trees in

MAY 05 2009


2005-000138-REV1


05-132JUNE 15, 2005

the event that they die from excavation trauma . The specifications ofsuch trees shall be determined by the commission, and the sum of up to sevenhundred (700.00) dollars per tree may be required to be deposited in escrowwith the borough. All shade trees shall be planted pursuant to the approval ofthe commission.

f. In the event that any shade tree is damaged in connection with construction ordemolition, or if any tree planted in replacement shall die within one yearafter completion of construction or planting, said tree shall be removedand replaced by the owner or developer. In the event that any tree to besaved in connection with the construction or demoli tion as set forth above, orifany tree planted or replaced shall die or be in serious decline one year aftercompletion of construction or planting, it shall be removed and replaced by theapplicant or the property owners within six (6) months or during the first

"planting period" after removal.

ST: 1-5 - Obstructions

a. No person shall, without a permit, place ormaintain in any street or park, anystone, cement, asphalt or other sidewalk; or any stone, cement , asphalt orother substance which shall impede the free access of air and water to theroots of any tree .

b. Where any trees are surrounded by pavement of stone, cement, asphalt or anyother substance tending to impede the free access of air and water to be the

roots of the tree, no portion of such pavement shall be nearer to any portionof the base of the trunk than five feet. In the course of demolition or

construction or repairs to the property, no person shall pile any debris againstany shade tree. For purposes of the provision, debris shall include soil, rocks,tools, construction materials or the like.

(Ord. #ST-I , S5; Ord. #9206, SI)

ST :1-6 - In jury

a. No person shall place salt, brine, oil, rinse-water from cleaning out concretemixing vessels and tools, or any other substance injurious to plant growth,in any street, park or right-of-way in such a manner as to injure any tree

ST: 1-7 - Protection

b. No person shall do any excavating within five feet of any tree without apermit. To prevent the accumulation of debris against any shade tree in thecourse of construction or demolition, a barrier oforange, plastic snow fencingshall encircle the tree maintaining a radius of five feet.

d. In the course of demolition or construction, to protect those trees deserving ofpreservation, the upper 6-8 inches of soil surrounding the tree to a distance offive feet from the trunk or out to drip-line should be kept moist.

MAY 05 2009


2005-000139-REV1


05-133JUNE 15, 2005

ST:l-ll - Penalties and Replacement

Any person, whether interested directly or indirectly as owner, lessee, tenant orotherwise , shall, upon being found in violation of any provision hereof, besubject to a fine not to exceed two hundred fifty ($250 .00) dollars for each suchviolation. Each day any violation of this chapter shall continue, shall constitute aseparate offense.

The Commission may require a person who removes or otherwise destroys a treein violation of a municipal ordinance, to pay a replacement assessment to themunicipality. The replacement cost shall be the value of the tree as determinedby the appraisal of a trained forester or Certified Tree Expert retained by theCommission for that purpose. In lieu of an appraisal, the Commi ssion may adopta formula and schedule based upon the number of square inches contained in across section of the trunk ofthe tree multiplied'by a predetermined value persquare inch, not to exceed $27.00 per square inch. The square inch cross sectionshall be calcu lated from the diameter at breast height and if there is a multiplestem tree, then each trunk shall be measured and an average shall be determinedfor the tree. For the purposes of the Ordinance , "diameter at breast height" shallmean the diameter of the tree taken at a point 4 Y, feet above ground level. TheCommission shall modify the value of the tree based upon its species variety,location, and its condition at the time of removal or destruction. The replacementassessment for anyone tree shall not exceed $5,000.00.

BE IT FURTHER ORDAINED that this Ordinance shall become effect ive uponadoption and publication in accordance with law, and


BE IT FURTHER ORDAINED should any part or provision of this Ordinance he heldunconsti tutional or invalid, such decision shall not affect the validity of this Ordinance as a wholeor any art thereof, other than the part held so uncons titutional or invalid.

This ordinance shall take effect upon final adoption and publication according to law.

MAY 05 2009


2005-000140-REV1


05-134JUNE 15, 2005

COMMITTEE REPORTS:


The Witte Baseball Clinic ended another successful year.

On June 17, Lt. LaRaia, Lt. Regan and Lt. Speidel will have served 19 years on thePolice Force.

Councilman & Mrs. Kasoff sent a letter of thanks to Sgt. Ershadi for his help ininstalling and instruction on use of a child's seat in their automohile.

Captain Barrett was honored by heing named Law Enforcement Professional of theMonth. Captain was also installed as President of the Honor Legion. Leo McQuire,Commander of the Bergen County Sheriffs Department presented Captain Barrettwitb a plaque.

The 200 Club will be celebrating their 20'hAnuiversary on June 29, 2005.

The Fire Department had a most successful boat cruise last Sunday as part of thecelebration oftheir 100'hAnniversary.

The Chamher of Commerce is doing a cleanup on the property located on the corn erof Palisade Avenue and Route 9W.


Little League has fiuished its season. The playoff victors were the Cubs and Orioles.

Girls softball, playing with Leonia, will finish at the end of the week. Two of ourteams are in the finals.

Seuior boys baseball finals will be on Friday.

Th e end ofthe year party will be held on Saturday. A homerun derby will be held as afund raiser for charity.

Englewood Cliffs will be a site for the Little World Series elimination games on July 16and July 17.

Soccer Registration is going on and the coaches hope to have it completed by June 30.

Adult softball begins on Monday, J une 20.

MAY 05 2009


2005-000141-REV1


05-135JUNE 15, 2005


Councilman Plawker asked the Council members to prepare articles for Views on theCliffs.


Summer camp begins on June 27. There is a large registration. The Lions Clubprograms also has increase numbers.

The Planning Board meets later this month.

On a motion by Drimones, seconded by Manolio, the Planning Board was asked toAmend the Zoning Code to allow banks in the B-2 zone. Carried.Councilmen Plawker and Parisi recused themselves.

COUNCILMAN MANOLIO: DPW, Building & Grounds, Recycling, Bd. Of Adj .

An application for a variance for a deck on Irving Avenue was held until the Julymeeting.


Mr. Corriston informed the Council the Ms. Favaro, Ms Lerner and Council Kasoffhad worked for 7 months to put together the two ordinances adopted this evening.

Mayor Parisi and Mr. Corriston met with the owners of the DAWA bulding 2 weeksago. They do not want to sell but offered a possible alternative. Mr. Corriston askedthat a copy of the tax map of the area in question be sent to the Mayor and Council.


The Floyd Street paving and stripping have been completed.

The 2004 Road Improvement program has been completed .

The 2005 Road Improvement program is now being prepared.

SUPERINTENDENT OF PUBLIC WORKS:

Mr. Bialko reported that he attended a meeting on the Northern Branch RailCorridor.

MAY 05 2009


2005-000142-REV1


05-136JUNE 15, 2005

PUBLIC PORTION: On a motion by Parisi, seconded by Mano lio, the meeting was opened to thepublic. Canied.

The following persons spoke:

Mr. Joe CioffiDr. StiberMs. Sank

On a motion by Manolio , seconded by Parisi, the public portion of the meeting was closed. Canied.

On a motion by Manolio, seconded by Drimones, the meeting was adjourned at 8:50 p.m.

ATTEST:

JOSEPH FAYARO, MUNICIPAL CLERK

APPRO VED:


MAY 05 2009


2005-000143-REV1


05-137


MINUTES OF THE CAUCUS MEETING OF JULY 20, 2005



MayorCouncil PresidentCounci lmanCouncilwomanCouncilmanCouncilwoman


Councilman

ALSO PRESENT:

Borough AttorneyBorough EngineerChief ofPolice


Joseph C. ParisillanPlawkerThomas ManolioPatricia DrimonesJoseph Parisi, Jr.Lynn Norton

Jerry Kasoff

E. Carter Corriston, Esq.Bemard MarandiLawrence Whitin g

Adequate notice of this meeting was given to the press and posted as required. Date and time of thismeeting was legally given as required by the "Open Public Meetings Act."TIlls notice is on file with the Municipal Clerk and posted on the bulletin board.Minutes of this meet ing will be made available to the public upon the compl etion of typing andproofreading by the Municipal Clerk.

A presen tation was made by Mr. Michael Klein, Unison Site Management, for the possible purcha seof the cell tower leases.

On a motion by Norton, seconded by Drim oues, resolution 05-65 was offered for adoption:

Roll call:Ayes: Plawker, Manolio, Drimones, Parisi, NortonAbsent: Kasoff

MAY 05 2009


2005-000144-REV1


05-138JULY 20, 2005




NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Borough ofEnglewood Cliffs will go into closed session for the following reason as outlined in N.J.S.A. 10:412:

NEGOTIATIONS F OR SALE OF PROPERTYTIME WARNER CABLE CONTRACTAMBULANCE CORPS PERSONNELLITIGATION/COMMERCE BANK

VOUCHERS WERE SIGNED BY THE FINANCE COl\1J\lqTTEE.

i

MINUTES OF THE: Caucus Meeting of June 15, 2005 and Regular Meeting of June 15, 2005were placed on the Regular Agenda for approval.


Police Report of June, 2005Court report of June, 2005Construction Code Official's Report of June, 2005CollectorlTreasurer's Report of May, 2005


Borough Engineer Estimate #2, Rehabilitation ofFloyd Street

Resolution 05-62, authorizing payment, was placed on the regular agenda for approval.

Chief of Police Carrying of Borough owned Firearms.

Chief Whiting explained why he thinks that police officers should not be carrying agencyweapons when they are off duty, especially when they are out of state.

MAY 05 2009


2005-000145-REV1


05-139JULY 20, 2005

Mary Morfesis Parking on John Street

The police department will monitor the parking situation and report back to the Council atthe next meeting.

Joseph Cioffi Zoning in B-3 zone

This request will be referred to the planning board.


05-61 Approve payment, Estimate #2, Rehabilitation ofFloyd Street05-62 Authorize payment to the City of Englewood for paving of Summit Street05-63 Adopt Required Change for Deferred Compensation05-64 Certification of2004 Municipal Audit"


2005-142005-152005-162005-172005-182005-192005-20

2005-21

Amend Chapter BH:VII, Animals ,Prohibit D1icit Connections, Mnnici~al Storm Sewer SystemEstablish A Yard Waste and Disposal ProgramProhibit Feeding of Unconfined WildlifeEstablish Requirements to Control LitterProhibit Improper Disposal of WasteBond Ordinance, 2005 Road Improvement Pro gram

Capital Budget AmendmentSale of Samsons Rock

THE FOLLOWING ORDINANCE WAS PLACED ON THE RE GULAR AGENDA FORSECOND READING! PUBLIC HEARING.

2005-13 Amend Police Ordinance

ADJOURN: On a motion by Manolio, seconded by Plawker, the meeting was adjourned at7:55 p.m, Carried.

ATTEST:

JOSEPH FAVARO, MUNlCll'AL CLERK

APPROVED:

JOSEPH C. PARlSI, MAYOR

MAY 05 2009


2005-000146-REV1


MAY 05 2009


2005-000147-REV1


05-140


MINUTES OF THE REGULAR MEETING OF JULY 20, 2005





Councilman

ALSO PRESENT:

Municipal AttorneyMunicipal EngineerChiefof Police

Joseph C. ParisiDanPlawkerThomas ManolioPatricia DrirnonesJoseph Parisi, Jr.Lynn Norton ..,

Jerry Kasoff

j

E. Carter Corriston, Esq.Bernard MarandiLawrence Whiting

FLAG SALUTE LEAD BY COUNCIL PRESIDENT, ILAN PLAWKER.

MAYORPAIUSI STATED:

ADEQUATE NOTICE OF THIS MEETING WAS GNEN TO THE PRESS AND POSTED ASREQUIRED. DATE AND TIME OF THIS MEETING WAS LEGALLY GNEN AS REQUIREDBY THE "OPEN PUBLIC MEETINGS ACT."THIS NOTICE IS ON FILE WITH THE MUNICIPAL CLERK AND POSTED ON THEBULLETIN BOARD .MINUTES OF THIS MEETING WILL BE MADE AVAllABLE TO THE PUBLIC UPON THECOMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.

MAY 05 2009


2005-000148-REV1


05-141JULy 20, 200S

MINUTES OF THE FOLLOWlNG MEETINGS WERE ACCEPTED AS PRESENTED ONA MOTION BY MANOLIO, SECONDED BY PLAWKER, AND CARRIED.

Caucus Meeting of June 15, 2005Regular Meeting of June 15, 2005

THE FOLLOWlNG REPORTS WERE ORDERED FILED ON A MOTION BY MANOLIO,SECONDED BY DRlMONES, AND CARRIED.

Police Report of June, 2005Court Report of June, 2005Construction Code Officials Report of June, 2005Collector Treasurer's Reports of May, 2005

CLAIMS:

On a motion by Plawker, seconded by Manolio, the Claims for the month of July, 2005 were orderedpaid.

Ayes:Absent:

I

Plawker, Manolio, Drimones, Parisi, Norton}(asoff '

MAY 05 2009


2005-000149-REV1


05-142JULy 20, 2005

RESOLUTIONS:


On a motion by Norton, seconded by Plawker, Resolution 05-61 was offered for adoption:

ROLL CALL:AYES:ABSENT:ABSTAIN:

Plawker, Manolio, Parisi, NortonKasoffDrimones

RESOL UTION 05-61

TITLE: ESTlMATE #2, REHABILITATION OF FLOYD 'STREET


NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of theBorough of Englewood Cliffs, does hereby approve the payment of $193,670.25 to,Smith-Sondy Asphalt for work completed on the Rehabilitation of Floyd Street.




RESOL UTION 05-62

WHEREAS, the City of Englewood has advised the Borough of Englewood Cliffs that itis preparing to repave Summit Street ; and

WHEREAS, the west side of Summit Street is in the City of Englewood and the east sideof Summit Street is in the Borough of Englewood Cliffs; and

WHEREAS, the City of Englewood has asked that the Borough of Englewood Cliffsreimburse the City of Englewood the cost of paving the Englewood Cliffs side of the road; and

WHEREAS, the City of Englewood has estimated that the cost to repave the EnglewoodCliffs side of the road to be $37,000.00;

NOW, THEREFORE BE IT RESOLVED that the Mayor and Council of the Boroughof Englewood Cliffs does hereby authorize the payment of the estimated cost of$37,000.00 to theCity of Englewood for the paving of the Englewood Cliffs portion of Summit Street.

MAY 05 2009


2005-000150-REV1


05-143JULy 20, 2005

On a motion by Manolio, seconded by Drimones, R esolu tion 05-63 was offered for adoption :

ROLLCALL:AYES:ABSENT:ABSTAJN:

Plawker, Manolio, Drimones, NortonKasoffPari si

RESOLUTION 05·63

RESOLUTIONFOR ADOPTING A CHANGE REQUIRED BY

THE ECONOMIC GROWTH AND TAX RELIEF RECONCILIATION ACT OF 2001TO AN EXISTING DEFERRED COMPENSATION PLAN

AND SERVICE AGREEMENT,>

DEFERRED COMPENSATION PLAN

WHEREAS , the BOROUGH OF ENGLEWOOD CLIFFS (hereinafter referred toas the "Employer") by resolution adopted a Deferred Compensation Plan (hereinafterreferred to as the "Plan") effect ive September 16, 19'98, for the purpose of makingavailable to eligible employees the accrual of tax benefits under a Section 457 DeferredCompensation Plan; and

WHEREAS , Section 657 of the Economic Growth and Tax Relief ReconciliationAct of 2001 amended Section 401 (a)(31 )(B) of the Internal Revenue Code (the "Code");and

WHEREAS , the Employer desires its Plan to conform with this change in theCode brought about by the Economic Growth and Tax Relief Reconciliation Act of 2001;and

WHEREAS , such amendment shall supersede the provisions of the Plan to theextent those provisions are inconsistent with the provisions of this amendment;

NOW, THEREFORE, BE IT RESOLVED that the Employer hereby adopts theattached Amendment [22-PD-VALlC-E657A033005] to Deferred Compensat ion PlanDocument [22-PD-VALlCE121201] to be part of and incorporated into its existingDeferred Compensation Plan Document.

BE IT FURTHER RESOLVED that a certified copy of this resolution shall beforwarded to the Director of the Division of Local Government Services,

MAY 05 2009


2005-000151-REV1


05-144JULY 20, 2005

On a motion by xxxxxxxx, seconded by xxxxxxx, Resolution 05-64 was offered for adoption:

ROLL CALL:AYES:ABSENT :


RESOLUTION 05-64

WHEREAS, N.J.S.A. 40A:5-4 requires the governing body of every local unit to have made anannual audit of its books, accounts and financial transactions, and

WHEREAS, The Annual Report of Audit for the year 2004 has been filed by a RegisteredMunicipal Accountant with the Municipal Clerk as per the requirements of N.J.S.A. 40A:5-6, and acopy has been received by each member of the governing body, and

WHEREAS, the Local Finance Board of the State of New Jersey is authorized to prescribe reportspertaining to the local fiscal affairs, as per R.S. 52:27BB-34 , and

WHEREAS, The Local Finance Board has promulgated a regulation requiring that the governingbody of each municipality shall by resolution certify to the Looal Finance Board of the State ofNewJersey that all members of the governing body have reviewed, as a minimum, the sections of theannual audit entitled:

Gen eral Comments

Recommendations

and

WHEREAS, the members of the governing body have personally reviewed as a minimum theAnnual Report ofAudit, and specifically the sections of the annual Audit entitled:

General Comments

Recommendations

as evidenced by the group affidavit form of the governing body, and

WHEREAS, Such resolution of certification shall be adopted by the Governing Body no later thanforty-five days after the receipt of the annual audit, as per the regulations of the Local Finance Board,and

WHEREAS, All members of the governing body have received and have familiarized themselveswith, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, asslated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board, and

MAY 05 2009


2005-000152-REV1


05-145JULY 20, 2005

WHEREAS, Failure to comply with the promulgations of the Local Finance Board of the State ofnew Jersey may subject the members of the local governing body to the penalty provisions of R S.52:27BB-52 - to wit:

RS. 52:27BB-52 - "A local officer or member of a localgoverning body who, after a date fixed for compliance,fails or refuses to obey an order of the director (DirectorofLocal Government Services), under the provisions ofthisArt icle, shall be guilty of a misdemeanor and, upon convictionmay be fined not more than one thousand dollars ($1,000.00)or imprisoned for not more than one year, or both, in additionshall forfeit his office."

NOW, THEREFORE BE IT RESOLVED, That the governing body of the Borough ofEnglewood Cliffs, hereby states that it has complied with the promulgation of the Local FinanceBoard of the State ofNew Jersey dated July 30, 1968 and does -hereby submit a certified copy of thisresolution and the required affidavit to said Board to show evidence of said compliance.

COUNCILMAN MANOLlO INTRODUCED AN ORDINANCE ENTITLED:

ORDINANCE 2005-14

AN ORDINANCE AMENDING CHAPTER BH:Vll, ANIMALS,OF THE BOROUGH OF ENGLEWOOD CLIFFS,


Mr. Manolio moved the ordinance be given its first reading. So ordered.TIle Municipal Clerk read the said ordinance by title. Mr.Manolio moved the ordinancebe adopted on first reading and published in the Press Journal on July 28, 2005.The public hearing to be held on August 17,2005. Motion was seconded by Ms . Drimones.The ordinance was approved at the first reading upon the call of the roll.

AYES:ABSENT:


MAY 05 2009


2005-000153-REV1


05-146JULY 20, 2005

COUNCILMAN PARISI INTRODUCED AN ORDINANCE ENTITLED:

ORDINANCE 2005-15

AN ORDINANCE TO PROHIBIT ILLICIT CONNECTIONSTO THE MUNICIPAL SEPARATE STORM SEWER SYSTEM IN THE

BOROUGH OF ENGLEWOOD CLIFFS,COUNTY OF BERGEN, STATE OF NEW JERSEY

Mr. Parisi moved the ordinance be given its first reading. So ordered.The Municipal Clerk read the said ordinance by title. Mr. Parisi moved the ordinancebe adopted on first reading and published in the Press Journal on July 28, 2005.The public hearing to be held on August 17, 2005. Motion was '~econded by Ms. Drimones.The ordinance was approved at the first reading upon the call of the roll.

AYES:ABSENT:



ORDINANCE 2005-16

AN ORDINANCE TO ESTABLISH A YARD WASTE ANDDISPOSAL PROGRAM WITHIN THE


Mr. Parisi moved the ordinance be given its first reading. So ordered.The Municipal Clerk read the said ordinance by title. Mr. Parisi moved the ordinancebe adopted on first reading and published in the Press Journal on July 28, 2005The public hearing to be held on August 17,2005 Motion was seconded by Ms. Norton.TIle ordinance was approved at the first reading upon the call of the roll.

AYES:ABSENT

Plawker, Manolio, Drimones, Parisi , NortonKasoff

MAY 05 2009


2005-000154-REV1


05-147JULy 20, 2005

ORDlN CE lNTRODUCTION

COUNCILMAN PLAWKER INTRODUCED AN ORDINANCE ENTITLED:

ORDINANCE 2005-17

AN ORDINANCE TO PROBJBIT FEEDING OF UNCONFINED WILDLIFEWITHIN THE BOROUGH OF ENGLEWOOD CLIFFS,


Mr. Plawker moved the ordinance be given its first reading. So ordered.The Municipal Clerk read the said ordinance by title. Mr. Plawker move d the ordinancebe adopted on first reading and published in the Press Journal on July 28, 2005The public hearing to be held on August 17, 2005 Motion was seconded by Ms. Drimones.The ordinance was approved at the first reading upon the call of the roll .

AYES :ABSENT:

Plawker, Manolio, Drimones, Pari si, NortonKasoff


ORDINANCE 2005-18

AN ORDINANCE TO ESTABLISH REQUIREMENTS TOCONTROL LITTER WITHIN THE


Mr. Parisi moved the ordinance be given its first reading . So ordered.The Municipal Clerk read the said ordinance by title. Mr. Parisi moved the ordinancebe adopted on first reading and published in the Press Journal on July 28, 2005The publi c hearing to be held on Augus t 17, 2005 Motion was seconded by Mr. Manolio.The ordinance was approved at the first reading upon the call of the roll .

AYES :ABSENT:


MAY 05 2009


2005-000155-REV1


05-148JULy 20, 2005

ORDItNANCE INTRmlUGflON

MR. MANOLlO INTRODUCED AN ORDINANCE ENTITLED:

ORDINANCE 2005-19

AN ORDINANCE TO PROHIBIT IMPROPER DISPOSAL OF WASTEWITHIN THE BOROUGH OF ENGLEWOOD CLIFFS,


Mr. Manolio mo ved the ordinance be given its first reading. So ordered.The Municipal Clerk read the said ordinance by title . Mr. Manolio moved the ordinancebe adopted on first reading and published in the Press Journal on July 28, 2005The public hearin g to be held on August 17, 2005 Motion was seconded by Ms. Drimones.The ordinance was appro ved at the first reading upon the call of the roll.

AYES:ABSENT:


On a motion by Plawker, seconded by Mano lio, the capi tal, budget amendment was offered foradoption.

Roll Call :Ayes: Plawker, Manolio, Drimones, Parisi, NortonAbsent: Kasoff

ORDINANCE IN'FRDDUCTION

COUNCILMAN MANOLlO INTRODUCED AN ORDINANCE ENTITLED:

ORDIN ANCE 2005-20

AN ORDINANCE OF THE BOROUGH OF ENGLEWOOD CLIFFS,IN THE COUNTY OF BERGEN, NEW JERSEY, PROVIDING FOR

THE 2005 ROAD IMPROVEMENT PROJECT AND OTHER RELATEDEXPENSES FOR THE BOROUGH OF ENGLEWOOD CLIFFS AND

APPROPRIATING $450,000 THEREFOR, AND PROVIDING FOR THEISSUANCE OF $427,500 IN BONDS OR NOTES OF THE BOROUGH

OF ENGLEWOOD CLIFFS TO FINANCE THE SAME.

MAY 05 2009


2005-000156-REV1


05-149JULY 20, 2005

Mr. Manolio moved the ordinance be given its first reading. So ordered.The Municipal Clerk read the said ordinance by title . Mr. Manolio moved the ordinancebe adopted on first reading and published in the Press Journal on July 28, 2005The publi c hearing to be held on August 17, 2005 Motion was seconded by Mr. Manolio.The ordinance was approved at the first readin g upon the call of the roll .

AYES:ABS ENT:

Pla wker, Manolio, Drimones, Parisi , NortonKasoff

COUNCILMAN PARISI INTRODUCED AN ORDINANC~ENTITLED:

ORDINANCE 2005-21

AN ORDINANCE PROVIDING FOR THE SALE OF PROPERTYIN THE BOROUGH OF ENGLEWOOD CLIFFS

PURSUANT TO N.J.S.A. 40A:12,13a (5)COUNTY OF BERGEN, STATE OF l;'lEWJERSEY

Mr. Pari si moved the ordinance be given its first reading. So ordered.Th e Municipal Clerk read the said ordinan ce by title . Mr. Parisi moved the ordinancebe adopted on first reading and published in the Press Journ al on July 28, 2005The public hearing to be held on August 17, 2005 Motion was seconded by Ms. Drimones.The ordinance was approved at the first reading upon the call of the roll .

AYES:ABSENT:




ORDINANCE 2005-13

AN ORDINANCE AMENDING ORDINANCESNOS. 184R, 7505, 7516, 7816, 8906 AND 2001-11


The clerk presented affidavit of publication, showing that advertisement had been made according tolaw, which was ordered filed. Mr. Parisi moved a public hearin g be held on the ordinance. Soordered. Mr. Parisi moved the clerk read the ordinance by title on seco nd reading. So ordered. Theclerk thereupon read the ordinance by title. The mayor then announced that all interested partieswould now be given opportunity to be heard for or against the adoption of the ordinance.

MAY 05 2009


2005-000157-REV1


05-150JULy 20, 2005

After ample opportunity had been given and no one responding Mr. Parisi moved the bearing beclosed. So ordered.



Pl awker, Manolio, Drimones, Parisi, NortonKasoff

ORDINANCE 2005-13

AN ORDINANCE AMENDING ORDINANCE NOS .184R, 7505, 7516, 7816, 8906 and 2001-11


WHEREAS, pursuant to Ordinance No. 8906 the salaries paid to the members of thePolice Department of this Borough shall be incorporated and supplemented by adding thereto a2% increase for each four (4) years of service with a maximum of 18% for 36 years of services aslongevity pay; and

WHEREAS, the payments in regard to said longevity pursuant to Ordinance No. 7520shall be made commencing after the completion of the four (4) years, upon which said increaseshall be based;

NOW, THEREFORE, BE IT ORDAINED that said ordinances of the Borough ofEnglewood Cliffs in regard to longevity shall be amended to provide as follows:

I . Longevity payments shall be made in 26 equal amounts based upon the entitlement ofsaid longevity.

2. Longevity benefits shall accrue immediately after the completion of four (4) years ,upon which said increase is based.

3. Longevity shall begin immediate ly upon completion of the first four (4) years ofservice and shall be implemented and supplemented by adding thereto a 2% increase for eachadditional four (4) years of service with a maximum of 18% for 36 years of service.

4. It is the intent of this Ordinance that longevity payments are to be included in themembers base pay for pension purposes.

5. All paid holidays shall be included in the base pay of the member.

6. The member shall be entitled to four (4) personal days, including one (I) emergencyday. Prior to taking any personal day the member shall request the Chiefof Police, or hisdesignee, for approval. In regard to the emergency day, he shall notify the Chief of Police, or hisdesignee, as soon as practicable as to his need to utilize said emergency day.

MAY 05 2009


2005-000158-REV1


05-151JULY 20, 2005

7. Bereavemen t Leave.

a. All members shall be entitled to five (5) days off with pay upon the death ofthe officer's husband, wife, child , father, mother, sister or brother.

b. Members shall further be entitled to days off with pay from the date of deathto the day of burial for the officer's grandparents, mothers-in-law, fathers-in-law , brothers-in-lawand sisters-in-law.

c. Members shall be entitled to a day off for the funera l of the officer's aunts,uncles, nieces or nephews provided the officers attend said funeral.

d. In all instances the member shall make written'app lication to the Chief ofPolice, or his designee, stating specifi cally the relationship between himsel f and the deceased.

"

8. Uniform Allowance.

All members shall be entitled to $1,000.00 per year uniform allowance andmaintenance provided the member has completed his or her one year probation period prior to thefirst pay period in April of the year applicable. Payments shall be made upon submission of avoucher approve d by the Chief of Police, or his designee. I

9. Upon retirement a member shall be entitled to the following terminal leave:

a. 20 years or more up to 25 years - two (2) months;b. 25 years or more up to 30 years - three (3) months;c. 30 or more years - four (4) months.

10. College Credits.

All college credits pursuant to Ordinances 7505, 7516 and 78 16 shall be includedin the bi-weekly salaries as base salary, but said credits shall not be included in regard tolongevity payments. The compensation in regard to payment per credit as set forth in Ordinances7516 and 7816 shall be amended to be $25.00 per credit. Remuneration shall begin in regard tocollege credits on the first regular pay day in April for courses comp leted as of December 31" ofthe prior year, provided the member has completed his or her one year probation period prior tothe first regu lar pay period in April of the applicab le year. Payment shall be made uponsubmission of a voucher which sba ll be approved by the Chief of Police, or his designee. Thepayments shall be based upon 26 equal payments.

BE IT FURTHER ORDAINED that all ordinances or parts of ordinances inconsistentwith or in conflict with this Ordinance are hereby repealed as to said inconsistencies and conflict;and

MAY 05 2009


2005-000159-REV1


05-151JULy 20, 2005

BE IT FURTHER ORDAINED that should any section, part or provisions of thisOrdinance be held unconstitutional or invalid, such decision shall not affect the val idity of thisOrdinance as a who le or any part thereof, other than the part so held unconstitutional or invalid.

Pursuant to the provision ofNJ.S.A. 40.67-2 1 the Borough Clerk shall file in the officeof the Bergen Cnunty Clerk, a certified copy of this Ordinance and a copy of Proof of Publicationthereof.

This Ordinance shall take effect immediately upon publication after fmal passageaccording to law.

COMMITTEE REPORTS:


The following officers are celebrating the anniversaries on the force:

Capt. Barrett, 36 years; Lt. Bauemschrnidt, 30 years; Lt. McMorrow, 30years; Pt!. Mura, II years; Pt!. Shaloub, 11 years; Ptl. Mcliermott, 6 years.

The Police Department has just received 5 new assault weapons.

National Nite out will be held on August 2, 2005.

The Mayor and Council will honor Firefighter Joe Quinn, at the next meeting, on hiscelebrating 50 years on the Volunteer Fire Department.

Ann Drimones has be enrolled as an Englewood Cliffs Firefighter.

The 200 club raised $85,000 at their annual fund raiser.

The C ofC will be spending $40,000 to improve the lot on the comer ofPalisade Avenueand9W.


Mayor Parisi threw out the first pitch at the Little League District Tournament, for 10 yearolds and under, held last week.

Adult softball is held on Monday night at 6:30 p.m,

September bowling will be held on Tuesdays at 9:30 a.m.

Soccer registration is on going.

MAY 05 2009


2005-000160-REV1


05-152JULy 20, 2005


The 2004 Municipal Audit has been received. They are only some minor bookkeepingitems to be taken care of. The Borough finances are in very good shape.


The Planning Board approved a site plan at 452 Hudson Terrace; a subdivisionat 171 Chestnut Street; and a minor sub-division on Loretta Court.

The Borough has been receiving a very positive feedback for the summer camp.

located

COUNCILMAN MANOLIO: DPW, Building & Grounds, Recycling, Bd. Of Adj .

The Board ofAdjustment approved a variance for a deck on Irving Avenue.

The Board of Adjustment has scheduled special meetings for August I and 2 to hear anapplication for a cell tower.


Mr. Corriston reported that he has filed condemnation proceedings on the Soulvis property.This will be heard on September 30, 2005. The Borough has received appraisals for thisproperty. He will be conducting a meeting in order to discuss an amicable settlement for theproperty.

REPORT OF BOROUGH EN GINEER:

The Floyd Street improvement has been completed and he now has a punch list to becompleted. The 2004 Road improvement is complete except for about 150 feet ofrepaving at Sage Road and Johnson Avenue.

Bids for the 2005 Road Improvement Program will be received on July 29 at 10:00 a.m.

REPORT OF POLICE CHIEF:

Captain Barrett was wounded in action 35 years ago.

MAY 05 2009


2005-000161-REV1


05-153JULY 20, 2005

PUBLIC P ORTION: On a motion by Parisi , seconded by Manolio, the meeting was opened to thepublic. Carried.

The following persons spoke:

Ms. Breen, Van Nostrand Avenue: The condition of the curbs on Van Nostrand Avenue.

Ms. Mary Morphesis, John Street: Parking on John Street.

Ms. Diane Sank, Charlotte Place: Why Mr. Parisi abstained on resolution.


On a motion by Manolio, seconded by Drimones, the meeting was adjourned at 8:55, p.m.

ATTEST :

JOSEPH FAVARO, MUNIClPAL CLERK

.. APPROVED:


MAY 05 2009


2005-000162-REV1


05-154


MINUTES OF THE CAUCUS MEETING OF AUGUST 17, 2005



MayorCouncil PresidentCouncilmanCouncilwomanCouncilmanCouncilman


Councilwoman

ALSO PRESENT:

Borough AttorneyBorough Enginee rChief of PoliceSupt. of Public Works

MAYOR PARtS1 STATED:

Joseph C. Parisinan PlawkerThomas ManolioPatricia DrimonesJerry KasoffJoseph Parisi ; Jr.

Lynn Norton

E. Carter Corriston, Esq.Bernard MarandiLawrenc e WhitingRodney Bialko

Adequate notice of this meeting was given to the press and posted as required. Date and time of thismeeting was lega lly given as required by the "Open Public Meetings Act."This notice is on file with the Municipal Clerk and posted on the bulletin board.Minutes of this meeting will be made available to the public upon the completion of typing andproofreading by the Muni cipal Clerk.

On a motion by Manolio, seconded by Kasoff, resolution 05-73 was offered for adoption .

Roll Call:Ayes:Abs ent:

Plawker, Manolio, Drimones, Kasoff, ParisiNorton

MAY 05 2009


2005-000163-REV1


05-155AUGUST 17, 2005




NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Borougb ofEnglewood Cliffs will go into closed session for the following reason as outlined in NJ.S.A. 10:412:

Tax AppealsPersonnel

Purchase of Property

Closed session commenced at 6:35 p.m. and ended at 7:15 p.m.

VOUCHERS WERE SIGNED BY THE FINANCE CO~TTEE.

MINUTES OF THE: Caucus Meeting ofJuly 20, 2005 and Regular Meeting of July 20, 2005 wereplaced on tbe Regular Agenda for approval.


Police Report of July, 2005Court report of July, 2005Construction Code Official's Report of July, 2005Collector/Treasurer's Report of June, 2005


BOROUGH ENGINEER ESTIMATE #3, FINAL, SEWER REHABILITATION STAGE 7

Resolution 05-67, approving payment, was placed on the regular agenda for approval.

BOROUGH ENGINEER CIRCULAR DRIVEWAYS

Referred to the Planning Board and Municipal Planner.

BOROUGH ENGINEER ESTIMATE #3, 2004 ROAD IMPROVEMENT PROJECT

Resolution 05-68, approving payment, was placed on the regular agenda for approval.

MAY 05 2009


2005-000164-REV1


05-156AUGUST 17, 2005

BOROUGH ENGINEER BIDS, 2005 ROAD IMPROVEMENTPROJECT

BIDDER #1:

BIDDER #2:

BIDDER #3:

TILCON, NEW YORK, iNC.AMOUNT OF BID:ALTERNATES:

SMITHSONDYAMOUNTOF BID:ALTERNATES:

ENGLISH PAVING CO.AMOUNT OF BID:ALTERNATES:

$ 386.466.25$ 22.500.00

$369.660.00$ 27.187.50

$381.370.65$ 22.700.00

BIDDER #4: iNTERCOUNTY PAVING ASSOCIATES, LLCAMOUNT OF BID: .. $485.299.00ALTERNATES: $ 32.700.00

BIDDER #5: A.J.M. CONTRACTORS. iNC.AMOUNT OF BID:ALTERNATES:

$367.295.00$ 16.500.00

j

Resolution 05-69, awarding the bid to A.J.M. Contractors, Inc., was placed on theregular agenda for approval.

THE FOLLOWiNG RESOLUTIONS WERE PLACED ON THE REGULAR AGENDAFOR APPROVAL:

05-66 Alcohol and Drug Alliance05-67 Estim ate #3, Final , Sewer Rehabilitation, Stage 705-68 Estimate #3, 2004 Road Improvement Project05-69 Award Bid, 2005 Road Improvement Project05-70 Support modifications to NJD OT 9w project05-71 Accept Donation from Citigroup Business Services to ECPD05-72 Accept Donation from Unilever U.S. Foundation to ECPD

THE FOLLOWiNG ORDiNANCE WAS PLACED ON THE REGULAR AGENDA FORiNTRODUCTION:

2005-22 Capital Ordinance, Woodland Park Improvement

MAY 05 2009


2005-000165-REV1


05-157AUGUST 17, 2005

THE FOLLOWING ORDINANCES WERE PLACED ON THE REGULAR AGENDA FORSECOND READINGI PUBLIC HEARING.

2005-142005-152005-162005-172005-182005-192005-202005-21

Amend Chapter BH: VII, AnimalsProhibit lllicit Connections, Municipal Storm Sewer SystemEstablish a Yard Waste and Disposal ProgramProhibit Feeding of Unconfined WildlifeEstablish Requirements to Control LitterProhibit Improper Disposal of WasteBond Ordinance, 2005 Road Improvement ProgramSale of Property

ADJOURN: On a motion by Manolio, seconded by Drimones, the meeting was adjourned at7:50 p.m. Carried. '

ATTEST:


APPROVED:


MAY 05 2009


2005-000166-REV1


05-158


MINUTES OF THE REGULAR MEETING OF AUGUST 17, 2005



MayorCouncil PresidentCouncilmanCouncilwomanCouncilmanCouncilman


Councilwoman

ALSO PRESENT:

Municipa l AttorneyMunicipal lEngineerChief of PoliceSuperintendent DPW

Joseph C. ParisiDan PlawkerThomas ManolioPatricia DrimonesJerry KasoffJoseph Parisi, Jr.

Lynn Norton

E. Carter Corriston, Esq.Bernard MarandiLawrence WhitingRodney Bialko


MAYOR PAllSI STATED:

ADlEQUATlE NOTIClE OF rms MlElETING WAS GIVlEN TO THE PRlESS AND POSTlED ASRlEQUIRlED. DATlE AND TIMlE OF rms MlEETING WAS LEGALLY GIVlENAS RlEQUIRlEDBY THE "OPEN PUBLIC MlElETINGS ACT ."rms NOTICE IS ON FILlE WITH THE MUNICIPAL CLERK AND POSTlED ON THEBULLlETIN BOARD.MINUTlES OF rms MlElETING WILL BE MADE AVAILABLE TO THE PUBLIC UPON THECOMPLlETION OF TYPING AND PROOFRlEADING BY THE MUNICIPAL CLlERK.

MAY 05 2009


2005-000167-REV1


05-159AUGUST 17, 2005

MlNUfES OF THE FOLLOWING MEETINGS WERE ACCEPTED AS PRESENTED ONA MOTION BY PLAWKER, SECONDED BY MANOLIO, AND CARRIED.

Caucus Meeting of July 20, 2005Regular Meeting of July 20, 2005

THE FOLLOWING REPORTS WERE ORDERED FILED ON A MOTION BY PLAWKER,SECONDED BY MANOLIO, AND CARRIED.

Police Report of July, 2005Court Report of July, 2005Construction Code Officials Report of July, 2005Collector Treasurer' s Report of June, 2005

BIDS : 2005 ROAD IMPROVEMENT PROGRAM

On a motion by Parisi, seconded by Plawker, resolution was offered for adoption.


Plawker, Manolio, Drimoues, Kasoff, ParisiNorton ..

RESOLUTION 05-69

RE: AWARD BID - 2005 ROAD IMPROVEMENT PROJECT

WHEREAS, the Borough of Englewood Cliffs has received bids for the of; and

WHEREAS, the bids have been reviewed by the Municipal Engineer and the Muni cipalAttorney ; and

WHEREAS, the Mayor and Council are desirous of awarding the contract to the bidde rproviding the lowest cost to the Borough; and

WHEREAS, A.J.M. Contractors, Inc. has provided the lowest total cost in the amountof $367,295.00 and a cost of $16,500 .00 for Alternate A and is the lowest responsible bidder forthe 2005 Road Improvement Project; and

WHEREAS, it is the recommendation of the Municipal Engineer that the contract beawarded to AJ.M. Contractors, Inc.;

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council does herebyaward the contrac t for the 2005 Road Improvement Project to AJ .M. Contractors, Inc. , 71 LibertyStreet, Passaic, N.J. 07655 in the amount of $383,795.00 and that the Borough Attorney is berebyauthorized and directed to prepare the appropriate agreement therefor.

MAY 05 2009


2005-000168-REV1


05-160AUGUST 17, 2005

CLAIMS :

On a motion by Plawker, seconded by Manolio, the Claims for the month of August, 2005 wereordered paid.

Ayes:Absent:


MAY 05 2009


2005-000169-REV1


05-161AUGUST 11,2005

RESOLUTIONS:


On a motion by Parisi, seconded by ManoIio, Resolution 05-66 was offered for adoption:



RESOLUTION 05-66

RE: DRUG AND ALCOHOL ABUSE, MUNICIPAL ALLIAN CE COMMITTEE

WHEREAS, The Mayor and Council of the Borough of Englewood Cliffs, County ofBergen, State of New Jersey recognizes that the abuse of alcohol and drugs is a serious problemin our society amongst persons of all ages; and

WHEREAS, the Mayor and Council further recognizes that it is incumbent upon notonly public officials but upon the entire community to take action to prevent such abuses in ourcommunity; and

WHEREAS, tbe Mayor and Counc il has applied for funding to the Governor ' s Councilon Alcoholism and Drug Abuse through the County of Bergen;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Boroughof Englewood Cliffs, County of Bergen, State ofNew Jersey hereby recognizes the following:

I . The Englewood Cliffs Mayor and Council does hereby authorize submission ofan application for the Municipal Alliance Grant for calendar year 2006 in theamount of$ l 1,500.

2. The Englewood Cliffs Mayor and Council acknowledges the terms andconditions for adminis tering the Municipal Alliance grant, including theadministrative compliance and audit requirements.




MAY 05 2009


2005-000170-REV1


05-162AUGUST 17, 2005

RESOLUTION 05-67

lTILE: ESTlMATE #3, FINAL, SEWER REHABILITATION, STAGE 7

WHEREAS, Boswell McCl ave Engineering has recommend ed that EstimateCertifi cate #3, final, in the amount of $36,893.70 be paid; and

WHEREAS, a two year maintenance bond in the amount of$1 7,990.10, has been placedon file in the office of the Municipal Clerk;

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of theBorough ofEnglewood Cliffs, does hereby approve the final payment of $36,893.70to M. Ingannamorte & Son for work completed on the Sewer rehabiiitation ofVarious Streets,Stage 7..

.,

On a motion by Manolio, seconded by Plawker, Resolution 05-68.was offered for adoption:


Plawker, Manolio, Drimones, Kasoff, ParisiNorton ..

RESOLUTION 05-68

lTILE: ESTlMATE #3, 2004 ROAD IMPROVEMENT PROJECT

WHEREAS, Boswell McCl ave Engineering has recommended that EstimateCertificate #3 in the amount of $30,331.00 be paid; and

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of theBorough ofEnglewood Cliffs , does hereby approve the payment of $30,331.00 to TilconNew York, Inc. for work completed on the 2004 Road Improvement Project.

On a motion by Manolio, seconded by Plawker, Resolution 05-70 was offered for adoption:

ROLLCALL:AYE S:ABSENT:


RESOLUTION 05-70

WHEREAS, the New Jersey Department of Transportation has completed improvementsto U.S . Route 9W; and

WHEREAS, the New Jersey Department of Transportation has advised the Borough ofEnglewood Cliffs that two (2) modifications are to be made as part of this project; and

MAY 05 2009


2005-000171-REV1


05-163AUGUST 17,2005

WHEREAS, the New Jersey Department ofTranspo rtation requires a resolution ofsupport for the two (2) items of modification;

NOW, THEREFORE BE IT RESOLVED by the Borou gh of Englewood Cliffs that ithereby supports the modifications to the project on U.S. 9W as follows;

• ''No Left Turn" signs with supplemental panel "To Diner" will be added to prohib it thenorthbound left turn from Route 9W into the Diner. As part of that new signing, tberewill be additional signs installed stipulating ''No Stopping or Standing" on the north sideof Palisades Avenu e, west of Rou te 9W (in front of the Diner) because of the lane width.

• The provision of the bi-modal signal head , video detection and radio interconnectbetween Clendenin Place and Palisades Avenue for fire pre-emption.

.,On a motion by Parisi, seconded by Manolio, Resolution 05-71 was offered for adoption:



RESOLUTION 05-71 ;

TITLE: ACCEPT DONATION TO ENGLEWOOD CLIFFS POLICE DEPT.

WHEREAS, Citigroup Business Services has donated $1,500.00 to tbe Englewood Cliffs PoliceDepartment; and

WHEREAS, a check in the amount of$ I ,500.00 bas been received by the Borough and has beendeposited in the Borough's Police Trust Fund account;

NOW, THEREFORE,

BE IT RESOLVED that the Englewood Cliffs Mayor and Council does hereby accept thegenerous donation of Citigroup Business Service s.

On a motion by Plawker, seconded by Manolio, resolution 05-72 was offered for adoption.

ROLL CALL:AYES:ABSENT :


MAY 05 2009


2005-000172-REV1


05-164AUGUST 17, 2005

RESOLUTION 05-72

TITLE: ACCEPT DONATION TO ENGLEW OOD CLIFFS POLICE DEPT.

WHEREAS, Unilever Uni ted States Foundation, Inc. has donated $3,000.00 to the EnglewoodCliffs Police Department; and

WHEREAS, a check in the amount of $3,000 .00 has been recei ved by the Borough and has beendepos ited in the Borough's Police Trust Fund account;

NOW, THEREFORE,

BE IT RESOLVED that the Englewood Cliffs Mayor and Council does hereby accept thegenerous donation ofUnilever United States Founda tion, Inc .

ORDl\NANCE INTRODl1CTION

COUNCILMAN PLAWKER INTRODUCED AN ORDINANCE ENTITLED:

ORDINANCE 2005-22 ;

AN ORDINANCE OF THE BOROUGH OF ENGLEWOOD CLIFFS, IN THE COUNTY OFBERGEN, NEW JERSEY, APPROPRIATING $56,500 TO BE RECEIVED FROM THE

COUNTY OF BERGEN, AS AN OPEN SPACE GRANT, FOR MUNICIPAL PARKIMPROVEMENTS AND L AND ACQ UISITION IN AND FOR THE BOROUGH OF

ENGLEWOOD CLIFFS, IN THE COUNTY OF BERGEN, NEW JERSEY.

Mr. Plawker moved the ordinance be given its first reading. So ordered.The Municipal Clerk read the said ordinance by title. Mr. Plawker moved the ordinancebe adopted on first reading and published in the Press Journal on August 25, 2005 .The public hearing to be held on September 14, 2005. Motion was seconded by Councilman Parisi.The ordinance was approved at the first reading upon the call of the roll.

AYES:ABSENT:

Plawker, Mano lio, Drimones, Kasoff, ParisiNorton

MAY 05 2009


2005-000173-REV1


05-165AUGUST 17, 2005



ORDINANCE 2005-14

On a motion by Drimones, seconded by Plawker, the following amendment was offered forapproval.

Section BH:7-I.4(B)b. Removal of Feces.

In line four (4) "control of the dog" should read "control ofthe .I!£!"

Carried on a voice vote: 5-0. One absent.

The clerk presented affidavit of publication, showing that advertisement had been made according tolaw, which was ordered filed. Mr. Parisi moved a public hearing be held on the ordinance asamended. So ordered. Mr. Parisi moved the clerk read the ordinance, as amended, by title onsecond reading. So ordered. The clerk thereupon read the ordinance, as amended, by title. Themayor then announced that all interested parties would now be given opportunity to be heard for oragainst the adoption of the ordinance, as amended.

,After ample opportunity had been given and no one responding Mr. Parisi moved the hearing beclosed. So ordered.

Mr. Parisi moved theordinance, as amended, be adopted on second reading and final passage, whichmotion was seconded by Mr. Plawker and adopted upon a call of the roll.



MAY 05 2009


2005-000174-REV1


05-166AUGUST 17, 2005

ORDINANCE 2005-14

AN ORDINANCE AMENDING CHAPTER BH :Vll, ANIMALS,OF THE BOROUGH OF ENGLEWOOD CLIFFS


BE IT ORDAINED by the Mayor and Council of the Borough of Englewood Cliffs, thatthe following shall be amended to read as follows:

BH: 7-1.4(A) Nuisances by Pets, shall be amended to include the following

Definitions: For the purpose of this ordinance, the following terms,phrases, words and their derivations shall have the meanings stated herein unlesstheir use in the text of this Chapter clearly demonstrates a different meaning. Whennot consistent with the context, words used in the present tense include the future,words used in the plural number include the singular, and words used in the singularnumber include the plural number. The word "shall" is always mandatory and notmerely directory . .

a. Immediate - shall mean that the pet solid waste is removed at once, without delay.

b. OwnerlKeeper - any person who shall possess, maintain, house or harbor any petor otherwise have custody of any pet, whether or not the owner of such pet.

c. Pe rson - any individual, corporation, company, partnership, firm, association, orpolitical subdivision of this State subject to municipal jurisdiction.

d. Pet - a domesticated animal (other than a disability assistance animal) kept foramusement or companionship.

e. Pet solid waste - waste matter expelled from the bowels of the pet; excrement.

f. Proper disposal - placement in a designated waste receptacle, or other suitablecontainer, and discarded in a refuse container which is regularly emptied by themunicipality or some other refuse collector; or disposal into a system designatedto convey domestic sewage for proper treatment and disposal.

BH: 7-1.4(B)

a. Prohibited. It shall be unlawful for any person owning or having the care, custody orcontrol of any pet to permit the pet to soil, defile or to commit any nuisance uponsaid any sidewalk of any public street or thoroughfare; nor in or upon any publicbuilding or any approach to the building from the street; nor in or upon any publicpark, public playground or school playground; nor in or upon the property ofpersonsother than the owner, person owning or having the care, custody or control of the pet;provided, however, for the purpose f this subsection of this section, the above

mentioned restrictions shall not apply to that portion of the street lying between thecurb lines which shall be used to curb the pet.

MAY 05 2009


2005-000175-REV1


05-167AUGUST 17, 2005

b. Removal of Feces. No pe rson shall walk a pet on a public street or any other publicplace or on any pub lic place, or on any private premises other than property ownedby or under the control of the owner, person owning or having the care, custody orcontrol of the dog, unless that person shall at all times bave on his person a properscoop and container or similar efficient sanit ary means to immediately remove any

and all fece s deposited by the pet and immediately removes the depos ited feces.(Ord. 3/6/66, §507 ; Ord. 11/2/70, §I ; Ord. 12/6/76, §I; Ord. 12/1/80, §§, 3).

c. All pet owners and keepers are required to immediately and properly dispose of theirpets solid waste deposited on any property, public or private, not owned or possessedby that person.

d. Responsibility for acts - Any pet found to be in violation of this ordinance,subsection a or b, sha ll be deemed to be in such place by permi ssion or order of the

owner, harborer or keeper of such pet, and any pet commi tting any of the acts specifiedtherein shall be deemed to have committed such act by permission or order of theowner, harborer or keeper of such pet, and such owner, harborer and keeper shall beguilty of violation of this sub section. .

e. Exemptions - Any owner or keeper who requires the use of a disability assistanceanimal shall be exempt from the provisions of this section while such animal isbeing use d for that purpose .

BD: 7-1.7 Penalty.

a. Any person who violates or refuses to comply with the regu lations of this sectionshall be liable to a penalty of not more than fifty ($50.00) dollars for each offense,to be recovered by and in the name of the borough. A person who refuses orneglects to pay the amount of a judgment rendered against him and the costs andcharges incident the reto shall be committed by the court to the county jail for aperiod not exceeding two days in the case of a conviction. (Ord. 3/6/66, §508; Ord.12/6/76 , §2; Ord . 12/1/80, §4).

b. The provisions of this Article shall be enforced by the Police Department and theSuperintendent of the Department of Public Works or his designee.

BD: 7-1.8 Severability. Each section, sub sect ion, sentence, clause and phrase of thisOrdinance is declared to be an independent sect ion, subsection, sentence, clause andphrase, and the findin g or holding of any such portion of this Ord inance to beunconstitutional, void, or ineffective for any cause, or reason, shall not affect any otherportion of this Ordinance.

BE IT FURTHER ORDAINED that his Ordinance shall be in full force and effect fromand after its adoption and any publication as may be required by law; and

BE IT FURTHER ORDAINED that all ordinan ces or part s of ordinanc es other than thezoning ordinance of the borough which are inconsistent with the pro visions of this chapter arehereby repealed to the extent of such inconsistency, and

MAY 05 2009


2005-000176-REV1


05-168AUGUST 17, 2005

BE IT FURTHER ORDAINED should any part or provision of this Ordinance be heldunconstitutional or invalid, such decision shall not affec t the validity of this Ordinance as a wholeor any art thereof, other than the part held so unconstitutional or invalid .

COUNCILMAN PARtSI CALLED UP FOR SECOND READING AN ORDINANCEENTITLED:

ORDINANCE 2005-15

The clerk presented affidavit of publication, showing that advertisement had been made acco rding tolaw, which was ordered filed . Mr. Parisi moved a public hearing be held on the ordinance. Soordered. Mr. Parisi moved the clerk read the ordinance by title on second reading. So ordered. Theclerk thereupon read the ordinance by title. The mayor then .fUlIlounced that all interested parti eswould now be given opportunity to be heard for or against the adoption of the ordin ance.

After ample opportunity had been given and no one responding Mr. Parisi moved the hearing beclosed. So ordered .

Mr. Parisi moved the ordinance be adopted on second reading and final passage, which motion wasseconded by Mr. Manolio and adopted upon a call of the roll. ,

AYE:ABSENT:


ORDINANCE 2005-15

AN ORDINANCE TO PROHIBIT ILLICIT CONNECTIONSTO THE MUNICIPAL SEPARATE STORM SEWER SYSTEM IN THE

BOROUGH OF ENGLEWOOD CLIFFSCOUNTY OF BERGEN, STATE OF NEW JERSEY

BE IT ORDAINED by the Mayor and Council of the Borough of Englewood Cliffs asfollows:

SECTION I. PURPOSE:

An ordinance to prohibi t illicit connections to the municipal separate storm sewersys tem(s) operate d by the Borough of Englewood Cli ffs, so as to protect public heal th, safety andwelfare, and to prescribe penalties for the failure to comply.

MAY 05 2009


2005-000177-REV1


05-169AUGUST 17, 2005

SECTION II. DEFINITlONS:

For the purpose ofthis ordinance , the following terms, phrases, words and theirderivations shall have the meanings stated herein unless their use in the text of this Chapterclearly demonstrates a different meaning. When not inconsistent with the context, words used inthe present tense include the future , words used in the plural number include the singular number,and words used in the singular number include the plural number. The word "shall" is alwaysmandatory and not merely directory. The definitions below are the same as or based oncorresponding definitions in the New Jersey Pollutant Discharge Elimination System (NJPDES)rules at NJ.A.C. 7:14A-I .2.

a. Domestic sewage - waste and wastewater from humans or household operations.

b. lllicit connection - any physical or non-physical connection that dischargesdomestic sewage, non-contact cooling water, process wastewater, or otherindustrial waste (other than stormwater) to the munic ipal separate stormsewer system operated by the Borough of Englewood Cliffs , unless thatdischarge is authorized under a NJPDES permit other than the Tier AMunicipal Stormwater General permit (NJPDES Permit Number NJ)141852).Non-physical connections may include, but are not limited to, leaks, flows, oroverflows into the municipal separate storm s,:,wer system.

,c. Industrial waster - non-domestic waster, including, but not limited to, those

pollutants regulated under Section 307(a), (b), or (c) of the Federal CleanWater Act (33 U.S .C. §1317(a), (b), or (c).

d. Municipal separate storm sewer system (MS4) - a conveyance or system ofconveyances (including roads with drainage systems, municipal streets, catchbasin, curbs, gutters, ditches, manmade channels, or storm drains) that isowned or operated by the Borough of Englewood Cliffs or other public body,and is designed and used for collecting and conveying stormwater.

e. NJPDES permit - a permit issued by the New Jersey Department ofEnvironmental Protection to imple ment to the New Jersey Pollutant DischargeElimination System (NJPDES) rules at N.J.A.C. 7:14a.

f. Non-contact cooling water - water used to reduce temperature for the purposeof cooling. Such waters do not come into direct contact with any raw material,intermediate product (other than heat) or finished product. Non-contact coolingwater may, however, contain algaecides, or biocide s to control foulin g ofequipment such as heat exchangers, and/or corrosion inhibitors.

g. Person - any individual, corporation, company, partnership, firm, association,or political subdivision ofthis State subject to municipal jurisdiction.

MAY 05 2009


2005-000178-REV1


05-170AUGUST 17, 2005

h. Process wastewater - any water which , during manufacturing or processing,comes into direct contact with results from the production or use of any rawmaterial, intermediate product, finished product, byproduct, or waster product.Process wastewater includes, but is not limited to, leachate and cooling waterother than non-contact cooling water.

1. Stormwater - water resulting from precipitation (including rain and snow) thatruns off the land ' s surface, is transmitted to the subsurface, is captured byseparate storm sewers or othe r sewerage or drainage facilities, or isconveyed by snow removal equipment.

SECTION m. PROHIBITED CONDUCT:

No person shall discharge or cause to be discharged through an illicit connection to themunicipal separate storm sewer system operated by the Borough of Englewood Cliffs, anydomestic sewage, non-contact cooling water, process wastewater, or other industri al waste (otherthan stormwater).

SECTION lV. ENFORCEMENT :

The provisions of this ordinance shall be enforced by the Police Department or theSuperintendent of the Department of Public Works or his designee of the Borough of EnglewoodCliffs.

SECTIONV. VIOLATIONS AND PENALTIES:

Any person(s) who is found to be in violation of the provisions of this ordinance shall,upon conviction thereof, be subject to a penalty not exceeding one thousand ($1,000.00) dollarsor to imprisonment for a period not exceeding ninety (90) days or to community service forperiod not exceeding ninety (90) days.

SECTION VI . SEVERABILITY:

Each section, subsection, sentence , clause and phrase of this ordinance is declared to bean independent section, subsection, sentence, clause and phrase, and the finding or holding of anysuch portion of this ordinance to be unconstitutional, void, or ineffective for any cause , or reason,shall not affect any other portion of this ordinance.


BE IT F URTHER ORDAINED that all ordinances or parts of ordinances other than thezoning ordinance of the borough which are inconsistent with the provisions of this chapter arehereby repealed to the extent of such inconsistency, and

MAY 05 2009


2005-000179-REV1


05-171AUGUST 17, 2005

BE IT FURTHER ORDAINED should any part or provision of this Ord inance be heldunconstitutional or invalid , such decision shall not affect the validi ty of this Ordinan ce as a wholeor any art thereof, other than the part held so unconstitutional or invalid.

Thi s ordinance shall take effect upon final adoption and publi cation according to law.


ORDINANCE 2005-16

The clerk presented affidavit ofpublication, showing that advertisement had been made according tolaw, which was ordered filed. Mr. Parisi moved a public hearing be held on the ordinance. Soordered. Mr. Parisi moved the clerk read the ordinance by titleon second reading. So ordered. Theclerk thereupon read the ordinance by title. The mayor then announc ed that al1 interested partieswould now be given opportunity to be heard for or against the adoption of the ordinance.

After ample opportunity had been given and no one responding Mr.Parisi moved the hearing beclosed. So ordered.

Mr. Parisi moved the ordinance be adopted on second reading 'and final passage, which motion wasseconded by Ms . Drimones and adopted upon a cal1 of the roll.

AYE:ABSENT:


ORDINANCE 2005-16

AN ORDINANCE TO ESTABLISH A YARD WASTE ANDDISPOSAL PROGRAM WITHIN THE



SECTION I. PURPOSE:

An ordinance to establish requirements to control littering in the Borough of EnglewoodCliffs, so as to protect public health , safety and welfare, and to prescribe penalties for the failureto comply.

MAY 05 2009


2005-000180-REV1


05-172AUGUST 17, 2005

SECTION n. DEFINITIONS:

For the purpose of this ordinance, the following terms, phrases, words and theirderivations shall have the meanings stated herein unless their use in the text of tins Chapterclearly demonstrates a different meaning. When not inconsistent with the context, words used inthe present tense include the future, words used in the plural number include the singular number,and words used in the singular number include the plural number. The word "shall" is alwaysmandatory and not merely directory.

a. Container ized - means the placement of yard waste in a trash can, bucket,bag or other vessel, such as to prevent the yard waste from spilling or blowingout into the street and corning into contact with stormwater.

b. Person - any individual, corporation, company, partnership, firm, association,or political subdivision of this State subject to municipal jurisdiction.

c. St re et - means any street, avenue, boulevard, road, parkway, viaduct, drive,or other way, which is an existing state, county, ormunicipal roadway, andincludes the land between the street lines, whether improved or unimproved,and may comprise pavement, shoulders, gutters, curbs, sidewalks , parkingareas, and other areas within the street lines. ..

d. Yard Waste - means leaves and grass clippings.

SECTION m. YARD WASTE COLLECTION

Sweeping, raking, blowing or otherwise placing yard waste that is not containerized atthe curb or along the street is only allowed during the seven (7) days prior to a scheduled andannounced collection, and shall not be placed closer than 10 feet from any storm drain inlet.Placement of such yard waste at the curb or along the street at any other time or in any othermanner is a violation of this ordinance. If such placement of yard waster occurs, the partyresponsible for placement of the yard waste must remove the yard waste from the street or saidparty shall be deemed in violation of this ordinance.

SECTION IV. ENFORCEMENT:

The provisions of this ordinance shall be enforced by the Police Department or theSuperintendent of the Department of Public Works or his designee of the Borough of EnglewoodCliffs.

SECTIONV. VIOLATIONS AND PENALTIES:

Any person(s) who is found to be in violation of the provisions of this ordinance shall besubject to a fine not to exceed $250 .00.

MAY 05 2009


2005-000181-REV1


05-173AUGUST 17, 2005

SECTION VI. SEVERABll.,ITY:

Each section, subsection, sentence, clause and phrase of this ordinance is declared to bean independent section, subsection, sentence, clause and phrase, and the finding or holding of anysuch portion of this ordinanc e to be unconstitutional, void, or ineffec tive for any cause, or reason,shall not affect any other portion of this ordinance.


BE IT FURTHER ORDAINED that all ordinances or parts of ordinances other than thezoning ordinance of the borough which are inconsistent with the provisions of this chapter arehereby repealed to the extent of such inconsi stency, and

BE IT FURTHER ORDAINED should any part or provision of this Ordinance be heldunconstitutional or invalid, such decision shall not affect the validity of this Ordin ance as a wholeor any art thereof, other than the part held so unconstitutional or invalid.

This ordinance shall take effect upon fmal adoption and publication according to law.

COUNCll.,MAN PARISI CALLED UP FOR SECOND READING AN ORDINANCEENTITLED:

ORDINANCE 2005-17

The clerk presented affidavit ofpublication, showing that advertisement had been made according tolaw, which was ordered filed. Mr. Parisi moved a public hearing be held on the ordinance. Soordered. Mr. Parisi moved the clerk read the ordinance by title on second reading. So ordered. Theclerk thereupon read the ordinance by title. The mayor then announced that all interested partieswould now he given opportunity to be heard for or against the adoption of the ordinance.


Mr. Parisi moved the ordinance be adopted on second reading and final passage, which motion wasseconded by ms. Drimones and adopted upon a call of the roll.

AYE:ABSENT:


MAY 05 2009


2005-000182-REV1


05-174AUGUST 17, 2005

ORDINANCE 2005-17

AN ORDINANCE TO PROBlBIT FEEDING OF UNCONFINED WILDLIFEWITHIN THE BOROUGH OF ENGLEWOOD CLIFFS



SECTION 1. PURPOSE:

An ordinance to prohibit tbe feeding of unconfined wildlife in any public park or on anyother property owned or operated by the Borough of Englewood Cliffs, so as to protect publichealth, safety and welfare, and tD prescribe penalt ies for failure to comply.

SECTION 11. DEFlNlTIONS:

For the purpose of this ordinance, the following terms, phrases, words and theirderivations shall have the meanings stated herein unless their use in the text of this Chapterclearly demonstrates a different meaning. When not inconsistent with the context, words used inthe present tense include the future , words used in the plural n~mber include the singular number,and words used in the singu lar number include the plural number. The word "shall" is alwaysmandatory and not merely directory.

a. Feed - to give, place, expose, deposit, distribu te or scatter any edible material with theintention of feeding , attracting or enticing wildlife. Feeding does not include baitingin the legal taking of fish andlor game.

b. Person - any individual, corporation, company, partnership, firm, association, orpolitical subdivision of this State subject to municipal jurisdiction.

c. Wildlife - all animals that are neither human nor domesticated.

SECTIONID. PROBlBITED CONDUCT

a. No person shall feed, in any public park or on any other property owned or operatedby the Borough of Englewood Cliffs , any wildlife, excluding confined wildlife (forexample, wildlife confine d in zoos, parks or rehabilitation center, or unconfinedwildlife at environmental education centers).

SECTION lV. ENFORCEMENT:

a. This ordinance shall be enforced by the Police Department or the Superintendent ofthe Department ofPublic Works or his designee of the Borough of Englewood Cliffs.

b. Any person found to be in violation of this ordinance shall be ordered to cease thefeeding immediately.

MAY 05 2009


2005-000183-REV1


05-175AUGUST 17, 2005

SECTIONV. VlOLATIONS AND PENALTlES

Any person(s) who is found to be in violation of the provisions of this ordinance shall besubject to a fine not of not less than $5.00 nor more than $100.00 or to imprisonment in theCounty jail for a term not to exceed ten (10) days, or both.

SECTION vi. SEVERABlLITY:

Each section, subsection, sentence, clause and phrase of this ordinance is declared to bean independent section, subsection, sentence, clause and phrase, and the finding or holding of anysuch portion of this ordinance to be unconstitut ional, void, or ineffective for any cause, or reason,shall not affect any other portion of this ordinance.

BE IT FURTHER ORDAINED that this Ordinance shall become effective uponadoption and publication in accordance with law, and .,

BE IT FURTHER ORDAINED that all ordinances or parts of ordinances other than thezoning ordinance of the borough which are inconsistent with the provi sions of this chapter arehereby repealed to the extent of such inconsistency, and

BE IT FURTHER ORDAINED should any part or provision of this Ordinance be held,unconstitutional or invalid, such decision shall not affect the validity of this Ordinance as a wholeor any art thereof, other than the part held so unconstitutional' or invalid .

This ordinance shall take effect upon final adoption and publicati on according to law.

COUNClLMAN PARISI CALLED UP FOR SECOND READING AN ORDINANCEENTITLED:

ORDINANCE 2005-18

The clerk presented affidavit of publication, showing that advertisement had been made according tolaw, which was ordered filed. Mr. Parisi moved a public hearing be held on the ordinance. Soordered. Mr. Parisi moved the clerk read the ordinance by title on second reading. So ordered. TIleclerk thereupon read the ordinance by title. The mayor then announced that all interested partieswould now be given opportunity to be heard for or against the adoption of the ordinance.

After ample opportunity had been given and no one responding xxxxxxxxxx moved the hearing beclosed. So ordered.


AYE:ABSENT:


MAY 05 2009


2005-000184-REV1


05-176AUGUST 17,2005

ORDINANCE 2005-18

AN ORDINANCE TO ESTABLISH REQUIREMENTS TOCONTROL LITTER WITHIN THE



SECTION 1. PURPOSE:

. An ordinance toestablish requirements to control littering· in the Borough of EnglewoodCliffs, so as to protect public health, safety and welfare, and to prescribe penalties for the failureto comply. "

SECTION 11. DEFINITIONS:

For the purpose ofthis ordinance, the following terms: phrases, words and theirderivations shall have the meanings stated herein unless their use in the text of this Chapterclearly demonstrates a different meaning. When not inconsistent with the context, words used inthe present tense include the future, words used in the plural number include the singular number,and words used in the singular number include the plural number. The word "shall" is alwaysmandatory and not merely directory.

a. Litter - any used or unconsumed substance or waste material which has beendiscarded, whether made of aluminum, glass, plastic, rubber, paper, or othernatural or synthetic material, or any combination thereof, including, but notlimited to, any bottle, jar or can, or any top, cap or detachable tab of any bottle, jaror can, any unlighted cigarette, cigar, match or any flaming or flowing material orany garbage, trash, refuse, debris , rubbish , grass clippings or other lawn or gardenwaste, newspapers, magazines, glass, metal, plastic or paper containers or otherpackaging or construction material, but does not include the waste of the primaryprocesses of mining or other extraction processes, logging, saw milling, farming ormanufacturing.

b. Litter Receptacle - a container suitable for the depositing of litter.

c. Person - any individual, corporation, company, partnership, firm, association, orpolitical subdivision of this State subject to municipal jurisdiction.

SECTION ill. PROHIBITED ACTS AND REGULATED ACTIVITIES:

I. It shall be unlawful for any person to throw, drop, discard or otherwise place anylitter of any nature upon public or private property other than in a litter receptacle,or having done so, to allow stich litter to remain.

MAY 05 2009


2005-000185-REV1


05-177AUGUST 17, 2005

2. Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boatin violation of this ordinance, the operator or owner, or both, of the motor vehicle orboat shall also be deemed to have violated this ordinance.

SECTION IV. ENFORCEMENT:

This ordinance shall be enforced by the Police Department or the Superintendent of theDepartment of Public Works or his designee of the Borough of Englewood Cliffs .

. SECTIONV. PENALTIES:

Any person(s) who is found to be in violation of the provisions of this ordinance shall besubject to a fine not to exceed $250.00.

SECTION VI. SEVERABILITY:

Each section, subsection, sentence, clause and phrase of this ordinance is declared to bean independent section , subsection, sentence, clause and phrase, and the finding or holding of anysuch portion of this ordinance to be unconstitutional, void, or ineffective for any cause, or reason,shall not affect any other portion of this ordinance.

BE IT FURTHER ORDAINED that this Ordinance ~hall become effective uponadoption and publication in accordance with law, and '

BE IT F URTHER ORDAINED that all ordinance s or parts of ordinances other than thezoning ordinance of the borough which are inconsistent with the provisions of this chapter arehereby repealed to the extent of such inconsistency, and

BE IT F URTHER ORDAINED should any part or provision of this Ordinance be heldunconstitutional or invalid, such decision shall not affect the validity of this Ordinance as a wholeor any art thereof, other than the part held so unconstitutional or invalid.


COUNCILMAN PLAWKER CALLED UP FOR SECOND READING AN ORDINANCEENTITLED:

ORDINANCE 2005-19

The clerk presented affidavit ofpublication, showing that advertisement had been made according tolaw, which was ordered filed. Mr. Plawker moved a public hearing be held on the ordinance. Soordered. Mr. Plawker moved the clerk read the ordinance by title on second reading. So ordered.The clerk thereupon read the ordinance by title. The mayor then announced that all interested partieswould now be given opportunity to be heard for or against the adoption ofthe ordinance.

MAY 05 2009


2005-000186-REV1


05-178AUGUST 17, 2005

After ample opportunity had heen given and no one responding Mr. Plawker moved the hearing beclosed. So ordered.

Mr. Plawker moved the ordinance be adopted on second reading and final passage, which motionwas seconded by Mr. Parisi and adopted upon a call of the roll.

AYE :ABSENT:


ORDIN ANCE 2005-19

AN ORDIN AN CE T O PROHIBIT IMPROPER DISPOSAL OF W AST EWITHIN THE BOROUGH OF ENGLEWOOD CLIFFS

COUNTY O F BERGEN, STATE OF NEW JERSEY

.'BE IT ORDAINED by the Mayor and Council of the Borough of Englewood Cliffs as

follows:

SECTION I. PURPOSE:

An ordinance to prohib it the spilling, dumping, or disposal of materials other thanstormwater to the municipal separate storm water system (M~4) operated by the Borough ofEnglewood Cliffs , so as to protect public health, safety and welfare, and to prescribe penalties forthe failure to comply.

SECTION D . DE FINITIONS:

For the purpose of this ordinance, the following terms, phrases, words and theirderivations shall have the meanings sta ted herein unless their use in the text of this Chapterclearly demonstrates a different meaning. When not inconsistent with the con text, words used inthe present tense include the future, words used in the plural number include the singular number,and words used in the singular number include the plural number. The word "shall" is alwaysmandatory and not merely directory.

a. Municipal separate storm sewer system (MS4) - a conveyance or system ofconveyanc es (incl uding roa ds with drainage systems, municipal streets, catchbasins, curbs, gutters, ditches, manmade channels, or storm drains) that is ownedor operated by the Borough of Englewood Cliffs or other public body, and isdesigned and used for co llecting and conve ying storm water.

b. Person - any indivi dual, corporation, company, partnership, firm, association, orpo litical subdivision of this State subject to municipal jurisdiction .

c. Stormwater - water resulting from precipitation (including rain and snow) that runs offthe land's surface, is transmitted to the subsurface, is captured by separa te stormsewers or other sewerage or drainage facilities, or is conveye d by snow removalequipment.

MAY 05 2009


2005-000187-REV1


045-179AUGUST 17, 2005

SECTION ill. PROHIBITED CONDUCT

a. The spilling, dumping, or disposal of materials other than stormwater to themunicipal separate storm sewer sys tem operated by the Borough of EnglewoodCliffs is prohibited. The spilling, dumping, or disposal of materials other thanstormwater in sucb a manner as to cause the discharge of pollutants to the municipalseparate storm sewer system is also prohibited.

SECTION IV. EXCEPTIONS TO PROHIBITION:

a. Water line flushing and discharges from potable water sources.

b. Uncontaminated ground water (e.g. , infiltration, crawl space or basement sumppumps, foundation or footing drains, rising ground waters).

c. Air conditioning con densate (excluding contact and non-contact cooling water).

d. Irrigation water (including landscape and lawn watering runoff).

e. Flows from springs, riparian habitats and wetlands, water reservoir discharges anddiverted stream flows.

f. Res identia l car washing water, and residential swinuning poo l discharges.

g. Sidewalk, driveway and street wash wate r.

h. Flows from fire fighting activities.

1. Flows from rinsing of the following equipment with clean water:- Beach maintenance equipment immediately following their use for their

intended purpos es; and- Equipment used in the application of salt and de-icing materials immediately

following salt and de-icing material applications. Prior to rinsing with cleanwater, all residual salt and de-ic ing materia ls must be removed from equipmentand vehicl es to the maximum extent practicable using dry cleaning methods(e.g., shoveling and sweeping) . Recovered materials are to be returned tostorage for reuse or properly discarded.Rinsing of equipment, as noted in the above situation is limi ted to exterior,undercarri age, and exposed parts and does not apply to engines or otherenclosed machinery.

SECTIONV. ENFORCEMENT :

This ordinance shall be enfo rced by the Police Department and the Superintendent of theDepartment of Public Works ofthe Borough of Englewood Cliffs.

MAY 05 2009


2005-000188-REV1


05-180AUGUST 17, 2005

SECTION VI. VIOLATIONS AND PENALTIES

Any person(s) who is found to he in violation of the provisions of this ordinance shall besubjec t to a fine not to exceed $500.00.

SECTION VI. SEVERABILITY:

Each section, subsection, sentence , clause and phrase of this ordinance is declared to bean independent section, subsection, sentence, clause and phrase, and the finding or holding of anysuch portion of this ordinance to be unconstitutional, void, or ineffective for any cause, or reason,shall not affect any other portion of this ordinance.

BE IT FURTHER ORDAINED that this Ordinance shall become effective uponadoption and publication in accordanc e with law, and


BE IT FURTHER ORDAINED should any part or provision of this Ordinance be heldunconstitutional or invalid , such decision shall not affect the validity of this Ordinance as a whole,or any art thereof, other than the part held so unconstitutional or invalid.,



ORDINANCE 2005-20

The clerk presented affidavit of publication, showing that advertisement had heen made according tolaw, which was ordered filed. Mr. Parisi moved a public hearing he held on the ordinance. Soordered. Mr. Parisi moved the clerk read the ordinance by title on second reading. So ordered. Theclerk thereupon read the ordinance hy title. The mayor then announced that all interested partieswould now he given opportunity to he heard for or against the adoption ofthe ordinance.

The following people spoke on the ordinance: Diane Sank: Charlotte Place

After all interested parties had spoken on the ordinance, Mr. Parisi moved the hearing be closed. Soordered.


AYE:ABSENT:


MAY 05 2009


2005-000189-REV1


05-181AUGUST 17, 2005

ORDINANCE 2005-20

AN ORDINANCE OF THE BOROUGH OF ENGLEWOOD CLIFFS, INTHE COUNTY OF BERGEN, NEW JERSEY, PROVIDING FOR THE2005 ROAD IMPROVEMENT PROJECT AND OTHER RELATEDEXPENSES FOR THE BOROUGH OF ENGLEWOOD CLIFFS ANDAPPROPRIATING $450,000 THEREFOR, AND PROVIDING FOR THEISSUANCE OF $427,500 BONDS OR NOTES OF THE BOROUGH TOFINANCE THE SAME.

BE IT ORDAINED AND ENACTED BY THE BOROUGH COUNCIL OF THEBOROUGH OF ENGLEWOOD CLIFFS, IN THE COUNTY OF BERGEN, STATE OFNEW JERSEY (not less that two-thirds of all members thereof affirmatively concurring) ASFOLLOWS:

SECTI ON 1. The improvement or purpose described in Section 3 of this bond ordinanceis hereby authorized to be undertaken as a general improvement or purpose by the Borough ofEnglewood Cliffs, in the County of Bergen, State of New Jersey' (the "Borough"). For the saidimprovement or purpose stated in Section 3, there is hereby' appropriated the sum of $450,000including the sum of $22,500 as the amount of down payment for said improvement or purposerequired by the Local Bond Law. The down payment has been made available by virtue ofprovision for down payment or for capital improvement purposes in one or more previouslyadopted budgets.

SECTION 2. In order to finance the cost of the several improvement or purpose notcovered by application of the down payment or otherwise provided for hereunder, negotiablebonds or notes are hereby authorized to be issued in the principal amount of $427,500 pursuant tothe Local Bond Law. In anticipation of the issuance of the bonds or notes, negotiable bondanticipation notes are hereby authorized to be issued pursuant to and within the limitationsprescribed by the Local Bond Law.

SECTION 3. (a) The improvement hereby authorized and the purpose for which thebonds or notes are to be issued is to provide for the 2005 Road Improvement Projectimprovements to various roads in the Borough including but not limited to limited areas ofMiddlesex Avenue, Lyncrest Avenue, Rose Avenue, Roberts Road and Summit Street, as shownon a list on file with the Borough Clerk, and including all other work and materials necessarytherefore and incidental thereto.

(b) The estimated maximum amount of bonds or notes to be issued for the improvementor purpose is as stated in Section 2 hereof.

(c) The estimated cost of the improvement or purpose is equal to the amount of theappropriation herein made therefore.

MAY 05 2009


2005-000190-REV1


05-182AUGUST 17, 2005

SECTION 4. All bond anticipation notes issued hereunder shall mature at such times asmay be determined by the chief financial officer; provided that note shall mature later than oneyear from its date. The notes shall bear interest at such rate or rates and be in such form as maybe determined by the chief financial officer. The Chief financial officer shall determine allmatters in connection with notes issued pursuant to this bond ordinance, and the chief financialofficer's signature upon the notes shall be conclusive evidence as to all such determinations. Allnotes issued hereunder may be renewed from time to time subject to the provisions of the LocalBond Law. The chief financial officer is hereby authorized to sell part or all of the notes fromtime to time, at not less than 99% of par and accrued interest, at public or private sale and todeliver them to the purchasers thereof upon receipt ofpayment of the purchase price plus accruedinterest from their dates to the date of delivery thereof. The chief financial officer is directed toreport in writing to the governing body at the meeting next succeeding the date when any sale ordelivery of the notes pursuant to this bond ordinance is made. Such report must include theamount, the description k the interest rate and the maturity schedule of the notes sold, the priceobtained and the name of the purchaser. .•

SECTION 5. The capital budget (or temporary capital -budget as applicable) of theBorough is hereby amended to conform with the provisions. of this bond ordinance and to theextent of any inconsistency herewith. In the event of any such inconsistency and amendment, theresolution in the form promulgated by the Local Finance Board showing full detail of theamended capital budget (or amended temporary capital .budget as applicable) and capital,programs as approved by the Director of the Division of Local Government Services is on file inthe office of the Borough Clerk and will be available for public inspection.

SECTION 6. The following additional matters are hereby determined, declared, recitedand stated:

(a) The improvement or purpose described in Section 3 of this bondordinance is not a current expense. No parts of the cost thereof has been or shall be speciallyassessed on property specially benefited thereby.

(b) The average period of usefulness of said improvement or purposewithin the limitations of the Local Bond Law, according to the reasonable life thereof computedfrom the date of said bonds authorized by this bond ordinance , is 10 years.

(c) The Supplemental Debt Statement required by the Local Bond Lawhas been duly made and filed in the Office of the Clerk of the Borough and a complete executedduplicate thereof has been filed in the Office of the Director of the Division of Local GovernmentServices, New Jersey Department of Community Affairs of the State of New Jersey. Suchstatement shows that the gross debt of the Borough as defmed in the Local Bond Law is increasedby the authorization of the bonds and notes provided in this bond ordinance by $427,500 and theobligations authorized herein will be within all debt limitations prescribed by the Local BondLaw.

(d) An aggregate amount not exceeding $113,000 for items of expenselisted in and permitted under NJ .s.A. 40A: 2-20 is included in the estimated cost indicated hereinfor the improvement or purpose described in Section 3 hereof.

MAY 05 2009


2005-000191-REV1


05-183AUGUST 17, 2005

(e) The Borough reasonab ly expects to commence the acquisition and/orconstruction of the improvement or purpose described in Section 3 hereof, and to advance all or aportion of the costs in respect thereof, prior to the issuance of bonds or notes hereunder. To theextent such costs are advanced, the Borough further reasonable expects to reimburse suchexpenditures from tbe proceeds of the bonds or notes authorized by this bond ordinance, in anaggregate amount not to exceed the amount of bonds or notes authorized in Section 2 bereof.

SECTION 7. Any gran t moneys received for the purposes desc ribed in Section 3hereof shall be applied either to direc t payment of the cost of the improvement or to payment ofthe obligat ions issued pursuan t to this bond ordinance. The amount of obligat ions authorizedhereunder shall be reduced to the extent that such funds are so used.

SECTION 8. The full faith and credit of the Borough are hereby pledged to the punctualpayment of the princip al of and the interest on the bonds or notes authorized by this bondordinance. The bonds or notes shall be direct, unlimited obligations of the Borough, and theBorough shall be obligated to levy ad valorem taxes upon ''ail the taxable property within theBorough for the payment of the bonds or notes and the interest thereon without limitation as torate or amount.

SECTION 9. The Borough hereby covenants to take any action necessary or refrain fromtaking such action in order to preserve the tax-exemp t status of the bonds and notes authorizedhereunder as is or may be required under the Internal RevenJe Code of 1986, as a mended, andthe regulations promulgated thereunder (the "Code") , including compliance with the Code withregard to the use, expenditure, investment, timely reporting and rebate of investment earnings asmay be required thereunder.

SECTION 10. To the extent that any previous ordinance or resolution is incons istentherewith or contradictory hereto, said ordinance or resolutions hereby repealed or amended to theextent necessary to make it consistent herewith.

SECTION 11. This bond ordinance shall take effect twenty (20) days after the firstpublication thereof after final adop tion, as provided by the Local Bond Law.

COUNCILMAN PAllSI CALLED UP FOR SECOND READING AN ORDINANCEENTITLED:

ORDINANCE 2005-21

111e clerk presented affidavit of publication, showing that advertisement had been made according tolaw, which was ordered filed. Mr. Parisi moved a public hearing be held on the ordinance. Soordered. Mr. Parisi moved the clerk read the ordinance by title on second reading. So ordered. Theclerk thereupon read the ordinance by title. The mayor then announced that all interested partieswould now be given opportunity to be heard for or against the adoption of the ordinance.

The following people spoke on the ordinance: Diane Sank, Charlotte PlaceMs. Breen, Van Nostrand Avenue

MAY 05 2009


2005-000192-REV1


05-184AUGUST 17, 2005

Mr. Parisi moved the ordinance be adopted on second reading and final passage, which motion wasseconded by Mr. Manolio and adopted upon a call of the roll.

AYE:ABSENT:


ORDiNANCE 2005-21

AN ORDiNANCE PROVIDiNG FOR THE SALE OF PROPERTYiN THE BOROUGH OF ENGLEWOOD CLIFFS

PURSUANT TO N.J.S.A. 40A:12-13a (5)CO UNTY OF BERGEN, STATE OF NEW JERSEY

BE IT ORDAiNED by the Mayor and Council of the Borough of Englewo od Cliffs thatthe following properties shall be sold pursuant to NJ .S.A. 40A:IZ-13a (5), which provides thatthe sale ofproperty can be made to the owner of the real property contiguous to the real propertybeing sold, provided that the property being sold is less than the minimum size required fordevelopment and is without any capital improvements. The descrip tion of the properties to besold is as follows:

1. The south section of Block 616, Lot 4 which is an area of approximately 39' x 8' x 39'x 8' shall be sold to Vasilio Mikelis and Sotiria Mikelis, the owners of 551 Floyd Street, identifiedon the Englewood Tax Map as Block 616, Lot 3, in the amount of FOURTEEN THOUSANDFOUR HUNDRE D ($ 14,400.00) DOLLARS; and

2. The property described as the north side of Block 616, Lot 4 which is an area ofapproxim ately 42' x 16' x 39' x 17' shall be sold to Pan Ling Ho, the owner of 557 Floyd Street,identified on the Englewood Cliffs Tax Map as Block 616, Lot 5, in the amount of THIRTYTHOUSAND NINE HUNDRED FIFTEEN ($30,915.00) DOLLARS.

BE IT FURTHER ORDAiNED that the Borough ofEnglewood Cliffs has had suchproperty appraised by its Tax Assessor, John Cattanach; and

BE IT FURTHER ORDAiNED that the sale of said properties is further conditio nedupon the respective purchasers obtaining a minor subdivision approval for the property to bepurchased; and

BE IT FURTHER ORDAiNED that in regard to the sale ofBlock 616, Lot 4, theBorough of Englewood Cliffs, as a contingency of said sale, will assume the right and remove therock which is presently on said premises and known as Samson 's rock, to another location withthe Borough of Englewood Cliff' s at the Borough' s expense, and further that the sale of saidproperty is contingent upon Vasilio Mikelis and Sotiria Mikelis and Pan Ling Ho agree ing topurchase same and closing on said property and that said sale shall take place simu ltaneously; and


MAY 05 2009


2005-000193-REV1


05-185AUGUST 17, 2005


BE IT FURTHER ORDAINED should any part or provision of this Ordinance be heldunconstitutional or invalid, such decision shall not affect the validity of this Ordinance as a wholeor any art thereof, other than the part held so unconstitutional or invalid. This ordinance shalltake effect upon final adoption and publication according to law.

COMMITTEE REPORTS:

COUNCILMAN KASOFF: Legal, Lighting, Transportation, Clean CommunitiesBuilding Development

"The Senior Taxi service bas been very active. Tbere were 146 trips taking 400 seniorssbopping.

Tbe 9-10 year old Little League baseball All-Star team were District Cbampions wboone nine straigbt games. We sbould be very proud of them.It was recommended tbat a proclamation be presented to tbem at tbe nextmeeting.


August 191h marks tbe anniversaries on tbe Police force for tbe following officers:Sgt. Rusbwortb - 18 yearsSgt. Ersbadi - 17 yearsPt!. Kochis - 4 years

Tbe Police Department bas sent thank you notes to tbe DPW, Ambulance Corp, andFire Department for tbeir assistance on National Nigbt Out.

Tbe Department received a tbank you from Ms. Winter in appreciation for Ptl, Hill,wbo installed a car seat for ber grandcbild.

Tbe Fire Department will be baving a celebratory picnic in bonor of tbeir 100'"anniversary on October 9.

Tbe C of C golf outing took in about $2,000. Tbis money will be donated to one of tbecbaritable organizations witbin tbe Borougb.

Tbe Cbamber is working on plans to improve the corner of 9W and Palisade Avenue.

COUNCILMAN PLAWKER:

No Report

Finance, Historical

MAY 05 2009


2005-000194-REV1


05-186AUGUST 17,2005

COUNCILWOMAN DRIMONES: Sanitation, Ambulance Corps , Planning Board,Beautification

The Planning Board gave final approval for a minor subdivision of Loretta Court.

The Planning Board also approved an enlargement of a foyer on Sylvan Avenue.

The Summer Camp was a huge success. It has been requested by parents that theextended camp be continued next year.

COUNCILMAN MANOLIO: DPW, Building & Grounds, Recycling, Bd. OfAdj .

The Board of Adjustment denied an application for a cell tower at CNBC.

A deck was approved on Bayview Avenue.

REPORT OF BOROUGH ATfORNEY:

Mr. Corriston is preparing an ordinance for the sale of property in the amount of$65,000.


Street signs will be placed on FIoyd Street this week. AU work on the street wiD befinished this month.

A small portion of Sage Road and Johnson Avenue bas to be paved and this willcomplete tbe 2004 road program. Should be completed in early September.

A pre-construction meeting, for the 2005 Road Improvement Program, \ViU be held onTuesday, August 23.

The DEP has sent a letter stating that our application for the Pershing Road pond iscomplete and that they have 90 days to review the application.

The Engineer met with the developer on Van Nostrand Avenue and most of thecurbing will be replaced.

MAY 05 2009


2005-000195-REV1


05-187AUGUST 17, 2005

PUBLIC PORTION: On a motion by Parisi, seconded by Drimones, the meeting was opened tothe public . Carried.

The following residents spoke:

Ms. Breen, VanNostrand Avenue: Asked about the possible installation of clock on C of Cproperty and about the legality ofselling the Samson Rock property.

Ms. Goldscheider, Van Nostrand Avenue: Asked about paving on Van Nostrand and if itwould stop the ponding in front of her driveway.

Dr. Stiber, Floyd Street: Asked that parking be more regulated in front ofhis driveway.He also informed the Counc il that residents are allowing their dogs to run unleashed onWitte Field.

Mr. Wong, Center Street: Reported a broken curb in from of his home.

Mr. Shaker, Center Street: Objected to any development on 9W south of Bayview Ave.

Mr. Cioffi, Sylvan Avenue : Objected to the Counc il asking for opinions about what to dowith his property. He stated the zoning should be changed,

Mr. Rubinsky , Summit Street: Asked about the cell phone service.

On a motion by Parisi , seconded by Kasoff, the public portion ofthe meeting was closed. Carried.

On a motion by Parisi, seconded by Kasoff, the meeting was adjourned at 9:15 p.m.

ATTEST:


APPROVED:


MAY 05 2009


2005-000196-REV1


MAY 05 2009


2005-000197-REV1


05-188


MINUTES OF THE CAUCUS MEETING OF SEPTEMBER, 2005


PRE SENT AT ROLL CALL :

Council President nan Plawker(Mr. Plawker presided in absence of the Mayor)Councilman Thomas ManolioCouncilwoman Patricia Drimones.Councilman Jerry KasoffCouncilman Joseph Parisi, Jr.Councilwoman Lynn Norton"


Mayor

ALSO PRESENT:

Borough AttorneyBorough EngineerChief ofPoliceSupt. ofPublic Works

Joseph C. Parisi



Adequate notice of this meeting was given to the press and posted as required Date and time of thismeeting was legally given as required by the "Open Public Meetings Act."This notice is on file with the Municipal Clerk and posted on the bulletin board.Minutes of this meeting will be made available to the public upon the completion of typing andproofreading by the Municipal Clerk.

On a motion by Manolio, seconded by Parisi, resolution 05-75 was offered for adoption:

ROLLCALL:Ayes: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton

MAY 05 2009


2005-000198-REV1


05-189SEPTEMBER 14, 2005

RESO LUTION 05-75RE: CLOSED SESSION

WHEREAS, N.J.S.A. 10:4-12 allow s for a public body to go into closed session during apublic meeting, and


NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Borough ofEnglewood Cliffs will go into closed session for the following reason as outlined in N.J.S .A. 10:412:

Any matter involving the employment, appointment, termination of employment, terms andconditions of employment, evaluation of the performance of, promotion or disciplining ofany specific prosp ective public office r or employee unI~ss the individual whose rights couldbe adversely affected request in writing that such matter or matters be discussed at a publicmeeting.

PERSONNELI

Discussion of Applicants for School Crossing Guard

Closed session began at 6:35 p.m. and the open session reconvened at 7:00 p.m.


MINUTES OF THE: Caucus Meeting of August 17, 2005 and Regular Meeting of August 17,2005 were placed on the Regular Agenda for approval.


Police Report of August, 2005Court report of August, 2005Construction Code Official's Report of August, 2005Collector/Treasurer's Report of July, 2005

ACTION TAKEN ON THE FOLLOWING COMMUNICATIONS :

ENVIRONMENTAL COMMISSION DEEP ROOT FERTILIZATION

The Municipal Attorney was authorize d to contact Mrs. Lerner for further clarification ofherrequest for deep root fertilization ..

MAY 05 2009


2005-000199-REV1


05-191SEPTEMBER 14, 2005


05-74 Collect Monies for New Orleans Disaster relief05-76 Accept Resignation - Catherine Cafiero, Crossing GuardlMatron05-77 110 Hollywood Avenue05-78 Condemnation ofProperty

THE FOLLOWING ORDINANCE WAS PLACED ON THE REGULAR AGENDA FORINTRODUCTION:

2005-232005-242005-25

Sale ofPropertyAmend Chapter xvm, Section 18-3.4(d)Sewer Connection Fees

"THE FOLLOWING ORDINANCE WAS PLACED ON THE REGULAR AGENDA FORSECOND READING/ PUBLIC HEARING.

2005-22 Capital Ordinance, grant for Woodland Park

APPOINTMENTS: The appointment ofBarbara Henn as school crossing guard was placed onthe regular agenda for approval.

The Council authorized the preparation ofa bond ordinance for the following projects.

Purchase of a Fire Chiefvehicle;Purchase ofa Police vehicle;Purchase ofvarious pieces of equipment for the DPW;Purchase of a new telephone system for Borough Hall.

ADJOURN:

On a motion by Norton, seconded by Kasoff, the meeting adjourned at 7:40 p.m.

ATTEST:

JOSEPH FAV ARO, MUNIClPAL CLERK

APPROVED:

lLAN PLAWKER,COUNClL PRESIDENT

MAY 05 2009


2005-000200-REV1


MAY 05 2009


2005-000201-REV1


05-192


MINUTES OF THE REGULAR MEETING OF SEPTEMBER 14, 2005



Council President nan Plawker(Mr. Plawker presided in the absence ofMayor Parisi)Councilman Thomas ManolioCouncilwoman Patricia DrimonesCouncilman Jerry KasoffCouncilman Joseph Parisi. Jr.Councilwoman Lynn Norton. .


Mayor

ALSO PRESENT:

Municipal AttorneyMunicipal EngineerChief ofPoliceSuperintendent DPW

Joseph C. Parisi



MAYORPARlSI STATED:

ADEQUATE NOTICE OF THIS MEErING WAS GIVEN TO THE PRESS AND POSTED ASREQUIRED. DATE AND TIME OF THIS MEErING WAS LEGALLY GIVEN AS REQUIREDBY THE "OPEN PUBLIC MEETINGS ACT."THIS NOTICE IS ON FILE WITH THE MUNICIPAL CLERK AND POSTED ON THEBULLETIN BOARD.MINUTES OF THIS MEETING WILL BE MADE AVAILABLE TO THE PUBLIC UPON THECOMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.

REGULAR MEETING 09-14-05.doc I

MAY 05 2009


2005-000202-REV1


05-193SEPTE~ER I4, 2005

MINUTES OF THE FOLLOWING MEETINGS WERE ACCEPTED AS PRESENTED ONA MOTION BY MANOLIO, SECONDED BY DRlMONES, AND CARRIED.

Caucus Meeting of August 17, 2005Regular Meeting of August 17, 2005

THE FOLLOWING REPORTS WERE ORDERED FILED ON A MOTION BY MAN OLIO,SECONDED BY DRlMONES, AND CARRIED.

Police Report ofAugust, 2005Court Report of August, 2005Construction Code Officials Report of August, 2005Collector Treasurer's Report of July, 2005

CLAIMS:

On a motion by Plawker, seconded by Manolio, the Claims forthe month of September, 2005 wereordered paid.

Ayes: Plawker, Manolio, Drimones, Kasoff" Parisi, Norton

REGULAR MEETING 09-14-05.doc 2

MAY 05 2009


2005-000203-REV1


05-194SEPTEMBER 14, 2005

RESOLUTIONS:


"IF ANYONE WISHES TO COMMENT ON ANY RESOLUTION TO BE ACTED ON THISEVENING, THEY MAY DO SO AT rms TIME."



RESOLUTION 05-74

RESOLUTION AUTHORIZING A "DEDICATION BY RIDER" TO THEBUDGET OF THE BOROUGH OF ENGLEWOOD CLIFFS FOR DONATIONS

TO THE "ENGLEWOOD CLIFFS NEW ORLEANS DISASTER RELIEF FUND"PURSUANT TO N.J.S.A. 40A:4-39.

WHEREAS, NJ.S.A. 40A:4-39 provides for the insertion of a "Dedication by Rider" inthe budget of any local unit which dedicates revenues anticipated during the fiscal year fromdonations, subject to written prior consent of the Director of the Division of Local GovernmentServices, when the revenue is not subject to reasonably accurate estimate in advance; and

WHEREAS, NJ.S.A. 40A:5-29 allows any local unit to accept donations made to it andis empowered to utilize such donations in a manner set forth by the donor; and

WHEREAS, by Resolution 05-74, the Borough ofEnglewood Cliffs has set up a fundentitled the "Englewood Cliffs New Orleans Disaster Relief Fund: of which funds will bedeposited into Bank of America, located at 750 Palisade Avenue, Englewood Cliffs, N.J.; and

WHEREAS, the Mayor and Council in said resolution authorized that contributions tothis Fund by forwarded to The American Red Cross and Americare ; and

WHEREAS, the total monies received for this purpose shall be divided equally anddisbursed to The American Red Cross and Americare; and

WHEREAS, public disclosure specifying how much money was allocated to each groupshall be disclosed at time of contribution through our local newspaper, Views on the Cliffs, andthe first Mayor and Council Meeting which follows after the distribution.


MAY 05 2009


2005-000204-REV1


05-195SEPTEMBER 14, 2005


ROLLCALL:AYES:

TITLE:


RESOLUTION 05-76

ACCEPT RESIGNATION CATHERINE CAFIERO, CROSSINGGUARDIMATRON

WHEREAS, Catherine Cafiero, Crossing Guard' and Matron in the Borough ofEnglewood Cliffs, suhmitted a letter of resignation from her position as Crossing GuardlMatrondue to her change of residence effective September 8, 2005.

NOW, THEREFORE,

BE IT RESOLYED that the Englewood Cliffs Mayor and Council does hereby acceptthe resignation of Ms. Cafiero with appreciation for her services and good wishes for her future.

On a motion by Pa r isi, seconded by Plawker, Resolution 05-77 was offered for adoption:

ROLLCALL:AYES: Plawker, Manolio, Drimones, Kasoff Parisi, Norton

RESOLUTION NO. 05-77

WHEREAS, pursuant to NJ.S.A. 40A:1 2-1 3a (5), the Mayor and Co uncil of theBorough of Eng lewood Cliffs passed and adopted Ordinance No. 2005-23 whichprovided for the sal e of the westerly part of Block 714, Lot 13 to Bruce Fingeret, ownerof 110 Hollywood Avenue, identified on the Englewood Cliffs Tax M ap as Block 714,Lot 12, pursuant to the provisions of sai d statute;

NOW, THEREFORE, BE IT RESOLVED that the Mayor of the Borough ofEnglewood Cli ffs is dul y autho rized to execute a contract for sale pursuant to the term s ofsaid Contract and subsequently, pursuant to the terms of the Contract, said Bruce Fingeretshall obtain a minor subdivision pursuant to said Agreement.

REGULAR M EETING 09-14-0 5.doc 4

MAY 05 2009


2005-000205-REV1


05-196SEPTEMBER, 14, 2005

On a motion by Drimones, seconded by Manolio, Resolution 05-78 was offered for adoption:

ROLLCALL:AYES: Plawker, Manolio, Drimooes, Kasoff, Parisi, Norton

RESOLUTION NO. 05-78

WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs has byOrdinance No. 2005-01 , provided for the acquisition of the followin g property: Harrisand Ellis Souvlis, 482 Hudson Terrace, Englewood Cliffs, New Jersey, known as Block513, Lot 6; and Dowa Lin e America Co. , Ltd ., 476 Hudson Terrace, Englewood Cliffs,New Jersey, known as Block 513 Lot 7 and 4 Clendinen Place, kn own as Block 514, Lot4, Englewood Cliffs, New Jersey; and

WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs byResolution 05-48 dated April 20, 2005 passed and adopted said Resolution providing forthe filing of condemnation proceedings in regard to same; and

WHEREAS, it is necessary to obtain a Phase 1 Site Assessment and AsbestosSurvey to be performed by SK Environmental Associates; LLC , 3358 Lukes Pond Road,Branchburg, New Jersey 08876 ;

NOW, THEREFORE, BE IT RESOLVED that the Mayor of the Borough ofEnglewood Cliffs is duly auth oriz ed to execute an Agreement for the se services with SKEnvironmental Associates , LLC.

MR. PARISI INTRODUCED AN ORDINANCE ENTITLED:

ORDINANCE 2005-23

AN ORDINANCE PROVIDING FOR THE SALE OF PROPERTYIN THE BOROUGH OF ENGLEWOOD CLIFFS

PURSUANT TO N.J.S.A. 40A:12-13a(5)COUNTY OF BERGEN, STATE OF NEW JERSEY

Mr. Parisimoved the ordinance be given its first reading. So ordered.The Municipal Clerk read the said ordinance by title. Mr. Parisi moved the ordinancebe adoptedon first reading and published in the Press Journal on September 22, 2005.The public hearing to be held on October 19, 2005. Motion was seconded by Ms. Drimones.The ordinance was approved at the first reading upon the call of the roll.


REGULAR MEETING 09-l4-05. doc 5

MAY 05 2009


2005-000206-REV1


05-197SEPTEMBER 14, 2005

ORDINANCC--E INTROD'VC1l0N

MS. NORTON INTRODUCED AN ORDINANCE ENTITLED:

ORDINANCE 2005-24

AN ORDINANCE AMENDING CHAPTER XVIII,ENTITLED "LAND USE PROCEDURES",SPECIFICALLY SUBSECTION 18-3.4(d)

OF THE BOROUGH OF ENGLEWOQD CLIFFS,COUNTY OF BERGEN, STATE OF NEW JERSEY

Ms. Norton move d the ordinance be given its first reading. So ordered.The Municipal Clerk read the said ordinance by title. Ms . Norton-moved the ordinancebe adopted on first reading and publisbed in the Press Journal on September 22, 2005.The public hearing to be held on October 19, 2005. Motion was seconded by Mr.Plawer .The ordinanc e was approved at the first reading upon the call of the roll.


ORDIJNANCE IN'IRQIi}'TJCTION

MR. MANOLIO INTRODUCED AN ORDINANCE ENTITLED:

ORDINANCE 2005-25

AN ORDINANCE AMENDING CHAPTER XIENTITLED "SEWER AND WATER"

SPECIFICALLY ADDING SECTION 11.1.11

Ms. Norton moved the ordinance be given its first read ing. So ordered.The Municipal Clerk read the said ordinance by title. Ms. Norton moved the ordinancebe adopted on first reading and publi shed in the Press Journal on September 22, 2005The publi c hearing to be held on October 19, 2005 Motion was seconded by Ms. Norton.The ordinance was approved at the first reading upon the call of the roll .



MAY 05 2009


2005-000207-REV1


05-198SEPTEMBER 14, 2005


MR. PARISI CALLED UP FOR SECOND READING AN ORDINANCEENTITLED:

ORDINANCE 2005-22

AN ORDINANCE OF THE BOROUGH OF ENGLEWOOD CLIFFSIN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING

$56,500 TO BE RECEIVED FROM THE COUNTY OF BERGEN,AS AN OPEN SPACE GRANT, FOR MUNICIPAL PARK

IMPROVEMENTS AND LAND ACQUISITION IN AND FOR THEBOROUGH OF ENGLEWOOD CLIFFS, IN THE COUNTY OF

BERGEN, STATE OF NEW JERSEY.,

The clerk presented affidavit ofpublication, showing that advertisement had been made according tolaw, which was ordered filed. Mr. Parisi moved a public hearing:be held on the ordinance. Soordered. Mr. Parisi moved the clerk read the ordinance by title on second reading. So ordered. Theclerk thereupon read the ordinance by title. The mayor then announced that all interested partieswould now be given opportunity to be heard for or against the adoption of the ordinance...



ROLL CALL:AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton


AN ORDINANCE OF THE BOROUGH OF ENGLEWOODCLIFFS, IN THE COUNTY OF BERGEN, NEW JERSEY,APPROPRIATING $56,500 TO BE RECEIVED FROMTHE COUNTY OF BERGEN, AS A OPEN SPACEGRANT, FOR MUNICIPAL PARK IMPROVEMENTSAND LAND ACQUISITION IN AND FOR THEBOROUGH OF ENGLEWOOD CLIFFS, IN THECOUNTY OF BERGEN, NEW JERSEY.

BE IT ORDAINED BY THE MAYOR AND BOROUGH COUNCIL OF THEBOROUGH OF ENGLEWOOD CLIFFS, IN THE CO UNTY OF BERGEN, NEWJERSEY (NOT LESS THAN TWO-THIRDS OF ALL MEMBERS THEREOFAFFIRMATIVELY CONCURRING) AS FOLLOWS:


MAY 05 2009


2005-000208-REV1


05-199SEPTEMBER 14, 2005

Section I . The $56,500 to be received from the County of Bergen, as a Open SpaceGrant is hereby appropriated for the purpos e of providing funds for Municipal ParkImprovements and Land Acquisition at West Bayview Avenue Park, for the Borough ofEnglewood Cliffs , in the County of Bergen, New Jersey (the "Borough") and including all workand materials necessary therefor and incidental thereto.

Section 2. The capital budget or temporary capital budget, as applicable, of theBorough is hereby amended to conform with the provisions of this ordinance to the extent of anyinconsistency herewith. 10 the event of any such inconsistency and amendmen t, the resolution inthe form promulgated by the Local Finance Board showing full detail of the amended capitalbudget or temporary capita l budget, as applicable, and capital program as approved by theDirector of the Division of Local Government Service s is on file with the Borough Clerk and isavailable there for public inspection.

Section 3.

after fin al ado pt ion.

APPOINTMENTS:

This ordinance shall take effect after the firs t publication thereof

With the advice and consent of the Council, Council President Plawker, placed the name of BarbaraHenn in nomination for the position of School Crossing Guard.

RollCall :Ayes:Abstain:

Plawker, Manolio , Drimones, Kasoff, Parisi, NortonManolio

COMMITIEE REPORTS:

COUNCILMAN KASOFF:

No Report

COUNCILMAN PARISI:

Legal, Lighting, Transportation, Clean CommunitiesBuilding Development

Public Safety

Lt. Oceak and Lt. Murray celebrated 28 years on the force on September 9"'.

The Biancetto family thanked the Police Dept. for the funeral escort for their father.

The Police Department will be receiving new defibrillators. The department will betraining DPW workers in their operation.

A grant in the amount of$11 ,000 was received for Traffic Enforcement.

REGULAR MEETIN G 09-l4-05 .doc 8

MAY 05 2009


2005-000209-REV1


05-200SEPTEMBER 14,2005

October 91hwill be 1001h anniversary party for the EC Volunteer Fire Department.

The C of C will be cleaning up the corner of Palisade Ave. and 9w. They have alreadyreceived one bid and are waiting for one more. The cost will be approximately $40,000$50,000.


Over 200 children have signed up for soccer so fasr.

The Senior Baseball League for 13-14 year aids will be playing on Saturday and Sunday.

Bowling is taking place on Tuesdays at 9:30 a.m. at BowlerCity.

Aerobics will take place on Tuesday evenings and Yoga on Thursday evenings.

COUNCILWOMAN DRIMO NES: Sanitation, Ambulance Corps, Planning Board,Beautification

TIle Planning approved 2 site plans: 464 Hudson Terrace and 450 Hudson Terrace ...

COUNCILMAN MANOLIO: DPW, Building & Grounds, Recycling, Bd. Of Adj.

The hearing for a variance for 100 Sylvan Avenue was continued to the next meeting.

REPORT OF BOROUGH ATTORNEY :

Mr. Corriston will be in court next Friday for the condemnation of the first parce l. Thejudge will sign the order at that time.


TIle pre-construction meeting was held with AJM Contractors on August 23"'.

TIle 2004 road project punch list items for Sage Road and Johnson Avenue will begin onSeptember 21.

The signs for Floyd Street will be installed on September 22"0.

The replacement ofcurbs in the Charter Ridge project will commence. We will hold up therelease of their bond until the replacement is satisfactory.

REPORT OF SUPERINTENDENT OF PUBLIC WORKS:

Summit Street has finally been repaved by the City ofEnglewood .

REGULAR M EETING 09-1 4- 05 .doc 9

MAY 05 2009


2005-000210-REV1


05-201SEPTEMBER 14, 2005

REPORT OF POLICE CHIEF:

Chief Whiting met with Mr. Bialko and Mr. Goldstein about the parking problem at thenorth end ofFloyd Street and recommend that the cul-de-sac at the end ofFloyd Street be marked,"NO PARKlNG- LOADlNG AND UNLOADlNG ONLY." The street should be yellow stripped.

PUBLIC PORTION: On a motion by Manolio , seconded by Kasoff, the meeting was opened to thepublic. Canied.

Ms. Breen, Van Nostrand Avenue: Spoke about Samson's Rock

On a motion by Norton, seconded by Parisi, the public portion of the meeting was closed. Canied.

On a motion by Manolio , seconded by Norton, the meeting was adjourned at 8:45 p.m.

ATTEST: APPROVED:

JOSEPH FAVARO, MUNICIPAL CLERK ILAN PLAWKERCOUNCIL PRESIDENT

REGULAR MEETlNG 09 -14-05.doc 10

MAY 05 2009


2005-000211-REV1


05-188


MINUTES OF THE CAUCUS MEETING OF OCTOBER 19, 2005



Council PresidentCouncilmanCouncilwomanCouncilmanCouncilwoman


MayorCouncilman

ALS O PRESENT:

Boro ugh AttorneyBorough Enginee rChief ofPoliceSupt. ofPublic Works

TIanPlawkerThomas ManolioPatricia DrimonesJoseph Parisi , Jr.LynnNorton

Joseph C. ParisiJerry Kasoff

I

E. Carter Corriston , Esq.Bernard MarandiLawrence WhitingRodney Bialko


Adequate notice of this meeting was given to the press and posted as required . Date and time of thismeeting was legally given as required by the "Open Public Meetings Act."This notice is on file with the Municipal Clerk and posted on the bulletin board .Minutes of this meeting will be made available to the public upon the completion of typing andproofreading by the Municipal Clerk.


Roll Call:

Ayes:Absent:

Plawker, Manolio, Drimones, Parisi, NorttonKasoff

MAY 05 2009


2005-000212-REV1


05-189OCTOBER 19, 2005




NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Borough ofEnglewood Cliffs will go into closed session for the following reason as outlined in NJ.S .A. 10:412:

CONTRACTNEGOTIATIONS~WARNER

PERSONNEL, AMBULANCE CORPS

Closed session began at 6:35 p.m. and ended at 7:01 p.m.


MINUTES OF THE: Caucus Meeting of September 14, 200,5 and Regular Meeting of September14, 2005 were placed on the Regular Agenda for approval.

THE FOLLOWING REPORTS WERE PLACED ON THE REGULAR AGENDA FORAPPROVAL .

Police Report of September, 2005Court report of September, 2005Construction Code Official's Report of September, 2005Collector/Treasurer's Report of August, 2005


Ms. Breen Van Nostrand Avenue, Lancaster Development

The Council asked that a letter be sent to Ms. Breen informing her that adequate notice willbe given to her if and when the contractors bonds would be released.


05-79 Accept Donation for ECPD05-80 Appoint Alyssa M. Cioffi as Fire Fighter05-81 Grant Agreement, Woodland Park Agreement05-83 Grant Agreement, D.E.P.

MAY 05 2009


2005-000213-REV1


05-190October 19, 2005


2005-262005-27

Resolution 05-82, Capital Budget AmendmentBond Ordinance, Various CapitallmprovementsBond Ordinance, Matching Funds

THE FOLLOWING ORDINANCES WERE PLACED ON THE REGULAR AGENDA FORSECOND READING! PUBLIC HEARING.

2005-232005-242005-25

Sale of PropertyAmend Chapter xvm, 18-3.4(d)Amend Chapter XI, Adding Section 11-1..11, Sewer Connection

ADJOURN:

ATTEST:

On a motion by Manolio, seconded by Norton, the meeting was adjourned at7:25 p.m, Carried.

,APPROVED:

JOSEPH FAVARO, MUNICIPAL CLERK lLAN PLAWKERCOUNClL PRESIDENT

MAY 05 2009


2005-000214-REV1


05-191


MINUTES OF THE REGULAR MEETING OF OCTOBER 19, 2005



Council PresidentCouncilmanCouncilwomanCouncilmanCouncilwoman


MayorCouncilman

ALSO PRESENT:

Municipal AttorneyMunicipal EngineerChief ofPoliceSuperintendent DPW

nan PlawkerThomas ManolioPatricia DrimonesJoseph Parisi, Jr..Lynn Norton

.,

Joseph C. ParisiJerry Kasoff .

E. Carter Coniston, Esq.Bernard MarandiLawrence WhitingRodney Bialko



ADEQUATE NOTICE OF THIS MEETING WAS GIVEN TO THE PRESS AND POSTED ASREQUIRED. DATE AND TIME OF THIS MEETING WAS LEGALLY GIVEN AS REQUIREDBY THE "OPEN PUBLIC MEETINGS ACT."THIS NOTICE IS ON FILE WITH THE MUNICIPAL CLERK AND POSTED ON THEBULLETIN BOARD .MINUTES OF THIS MEETING WILL BE MADE AVAILABLE TO THE PUBLIC UPON THECOMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.

MAY 05 2009


2005-000215-REV1


05-192OCTOBER 19, 2005

MINUTES OF THE FOLLOWING MEETINGS WERE ACCEPTED AS PRESENTED ONA MOTION BY MANOLlO, SECONDED BY DRlMONES, AND CARRIED.

Caucus Meeting of September 14, 2005Regular Meeting of September 14, 2005

THE FOLLOWING REPORTS WERE ORDERED FILED ON A MOTION BY PARISI,SECONDED BY MANOLlO, AND CARRIED.

Police Report of September, 2005Court Report of September, 2005Construction Code Officials Report of September, 2005Collector Treasurer's Report of August, 2005

CLAIMS:

On a motion by Plawker, seconded by Manolio, the Claims for the month of October, 2005 wereordered paid .

Ayes:Absent:

RESOLUTIONS:

Plawker, Manolio, Drimones, Parisi, Nbrton}(asoff '

COUNCIL PRESIDENT PLAWKER STATED:" IF ANYONE WISHES TO COMMENT ON ANY RESOLUTION TO BE ACTED ON rmsEVENING, THEY MAY DO SO AT rms TIME."


ROLL CALL:AYE S:ABSENT:

Plawker, Manolio, Drimon es, Parisi, NortonKasoff

RESOLUTION 05-79

TITLE: ACCEPT DONATION TO ENGLEWOOD CLIFFS POLlCE DEPT.

WHEREAS, Josephine Mauro has donated $5,000.00 to the Englewood Cliffs Poli ceDepartment; and

WHEREAS, a check in the amount of $5,000.00 has been received by the Borough and has beendeposited in the Borough 's Police Trust Fund account;

MAY 05 2009


2005-000216-REV1


05-193OCTOBER 19, 2005

NOW, THEREFORE,

BE IT RESOLVED that the Englewood Cliffs Mayor and Council does hereby accept thegenerous donation of Josephine Mauro.

On a motion by Manolio, seconded by Parisi, Reso lution 05-80 was offered for adoption:


Plawker, Manolio, Parisi, NortonKasoffDrimones

RESOLUTION OS-80 · .

RE: APPOINT VOLUNTEER FIRE FIGHTER

WHEREAS, the Englewood Cliffs Volunteer Fire Department has recommendedthe appointment of Alyssa M. Cioffi as an active member of the Englewood CliffsVolunteer Fire Department;

NOW, THEREFORE BE IT RESOLVED that the Mayor and Council of theBorough of En gle wood Cliffs does hereb y approve the membership of Al yssa M . Cioffias an active member of the Englewood Cl iffs Volunteer Fire Department.

On a motion by Pa risi, seconded by Manolio, Resolution 05-81 was offered for adoption:



RESOLUTION 05-81

TITLE: GRANT AGREEMENT, WOODLAND PARK IMPROVEMENTS

BE IT RESOLVED, that the Mayor and Council of the Borougb of Englewood Cliffswishes to enter into a grant agreement with the County of Bergen for the purpose of using the$56,500.00 in 2005 Open Space Trust Funds for the West Bayview Avenue (Woodl and) ParkImprovement in the Borough of Englewood Cliffs; and

BE IT FURTHER RESOLVED, that the Mayor and Council hereby authorizes JosephFavaro to be a signatory to the aforesaid grant agreement; and

BE IT FURTHER RESOLVED, that the Mayor and Council hereby authorizes JosephFavaro to sign all County vouch ers submitted in connection with the aforesaid project; and

MAY 05 2009


2005-000217-REV1


05-194OCTOBER 19, 2005

BE IT FURTHER RESOLYED, that the Mayor and Council recognizes that theBorough of Englewood Cliffs is liah le for a dollar for dollar match for any funds awarded inaccordance with the Tru st requirements;

On a motion by Manolio, seconded by Norton, Resolution 05-83 wa s offered for adoption:

ROLL CALL:AYE S: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton

GRANT AGREEMENT BETWEENENGLEWOOD CLIFFS

ANDTHE STATE OF NEW JERSEY

BY AND FORTHE DEPARTMENT OF ENVIRONMENTAL PROTECTION

GRANT IDENTIFIER: WQ05-041

RESOLUTION 05-83 i

The governing hody of the Borough of Englewood Cliffs desires to further the puhlic interest hyobtaining a grant from the State ofNew Jersey in the amount of $8,468.00 to fund stormwateractivi ties as descrihed in the Scope of Services.

Therefore, the governing body resolves that Rodney Bialko, Superintendent of Public Works, orsuccessor to the office of Superintendent of Pubic Works is authorized (a) to make application forsuch a grant, (b) if awarded, to execu te a grant agreement with the State and (c) to execnte [x] anyamendments the reto [x] any amendments thereto which do not increase the Grantee 's obligations.

The Grantee agrees to comply with all applicable federal , State, and municipal laws , rule s, andregulations in its performance pursuant to the agreement.

On a motion by Manolio, seconded by Drimones, resolution 05-82 was offered for adoption.


Plawker, Manolio, Drimones, Parisi, Norto nKasoff

MAY 05 2009


2005-000218-REV1


05-195OCTOBER 19, 2005

RESOLUfION 2005-82

WHEREAS, the local capital budget for the year 2005 was adopted on the 18"' day of May ,2005 and,

WHEREAS, it is the desired to amend said adopted capital budget section,

NOW, THEREFORE BE IT RESOLVED by the Council of the Borough of EnglewoodCliffs, County of Bergen, that the following amenclment(s) to the adopted capital budget section ofthe 2005 Budget by made:

Estimated Capital Improvement DebtPro ject: Total Cost Fund Authorized BondsImprovements ofWestBayview Park 61,500 3,075 58,425

Various Improvements 470,000 23,502 446,49 8

BE IT FURTHER RESOLVED that three certified copies of this resolution be filed withthe Division of Local Government Services.

ORDlNANCE INTRODUCTION


ORDINANCE 2005-26

AN ORDINANCE OF T HE BOROUGH OF ENGLEWOOD CLIFFS,IN THE COUNTY OF BERGEN, NEW JERSEY, PROVIDING FORVARIOUS CAPITAL IMPROVEMENTS FOR T HE BOROUG H OF

ENGLEW OOD CLIFFS AND APPROPRIATING $470,000,THEREFOR, AND PROVIDING FOR THE ISSUANCE OF $446,498

IN G ENERAL IMPROVEMENT BONDS OR NOTES OF THEBOROUGH O F ENGLEWOOD CLIFFS T O FINANCE THE SAME

Mr. Parisi moved the ordinance be given its first reading. So ordered.The Municipal Clerk read the said ordinance by title. Mr. Parisi moved the ordinancebe adopted on first reading and published in the Press Journal on October 27,2005.The public hearin g to be held on November 9,2005. Motion was seconded by Mr. Manolio.The ordinance was approved at the first reading upon the call of the roll.

AYES:ABSENT:

Plawker, Manolio, Drimones, Pari si, NortonKasoff

MAY 05 2009


2005-000219-REV1


05-196OCTOBER 19, 2005

OImlN'4NCE lNTRODlJCCl'l ON

COUNCll.MAN MANOLIO INTRODUCED AN ORDINANCE ENTITLED:

ORDINANCE 2005-27

AN ORDINANCE OF THE BOROUGH OF ENGLEWOOD CLIFFSIN THE COUNTY OF BERGEN, NEW JERSEY, PROVIDING FORIMPROVEMENTS TO WEST BAYVIEW AVENUE PARK IN THEBOROUGH OF ENGLEWOOD CLIFFS AND APPROPRIATING

$61,500 THEREFOR, AND AUTHORIZING $58,425 IN BONDS ORNOTES OF THE BORO UGH OF ENGLEWOOD CLIFFS TO

FINANCE THE SAME-.,

Mr. Manolio moved the ordinance be given its first reading. So ordered.The Municipal Clerk read the said ordinance by title. Mr. Manolio moved the ordinancebe adopted on first reading and published in the Press Journal on' October 27,2005.The public hearing to be held on Nove mber 9,2005. Motion was seconded by Ms. Norton.The ordinance was approved at the first reading upon the call of the roll.

AYES:ABSENT:


ORDINANCES: PUBLI C HEARING AND ADOPTION


ORDINANCE 2005-23

AN ORDINANCE PROVIDING FOR THE SALE OF .PROPERTYIN THE BOROUGH OF ENGLEWOOD CLIFFS

PURSUANT TO N.J.S.A. 40A:12-13a(5)COUNTY OF BERGEN, STATE OF NEW JERSEY

The clerk presented affidavit of publication, showing that advertisement had been made according tolaw, which was ordered filed. Mr. Parisi moved a public hearing be held on the ordinance. Soordered . Mr. Parisi moved the clerk read the ordinance by title on second reading . So ordered. Theclerk thereupon read the ordinance by title. The mayor then announced that all interested partieswould now be given opportunity to be heard for or against the adoption of the ordinance.

The following people spoke on the ordinance: Ms. Sank

MAY 05 2009


2005-000220-REV1


05-197OCTOBER 19, 2005

After aU interested parties had spoken on the ordinance, Ms. Norton moved the hearing be closed.So ordered.

Mr. Parisi moved the ordinance be adopted on second reading and final passage, which motion wasseconded by Ms. Norton and adopted upon a call ofthe roll.


Mano lio, Drimon es, Pari si, N ortonKasoffPlawker

ORDINANCE 2005-23 .

AN ORDINANCE PROVIDING FOR THE'SALE OF PROPERTYIN THE BOROUGH OF ENGLEWOOD CLIFFS

PURSUANT TO N.J .S.A. 40A:12~13a (5)COUNTY OF BERGEN , STATE QF NEW JERSEY

BE IT ORDAINED by the Mayor and Council of the Borough of Englewood Cliffs thatthe following property shall be sold pursuant to N J.S .A. 40A:'12-13a (5), which provides that thesale of property can he made to the owne r of the real property contiguous to the real prop ertybeing sold, provided that the property being sold is less than the minimum size required fordevelopment and is without any capital improvements. The description of the property to besold is as follows :

108.32' on the westerly part of Block 714, Lot 13, 108.55' on the easterly side,25.64' on the south side of Hollywood Avenue and 18.57' on the north side, which is a total areaof approximately 2394 square feet. Thi s parcel borders the easterly sideline of the property to besold to Bruce Fingeret, the owner of 110 Hollywood Avenue, identified on the Englewood CliffsTax Map as Block 7 14, Lot 12, in the amount of SIXTY FIVE THOUSAND ($65,000.00)DOLLARS; and

BE IT FURTHER ORDAINED that the Borough of Englewood Cliffs has had suchproperty appraised by its Tax Assessor, John Cattanach; and

BE IT FURTHER ORDAINED that the sale of said property is further conditionedupon the respective purchaser obtaining a minor subdivision approval for the property to bepurchased; and

BE IT FURTHER ORDAINED that this Ordinance shall become effect ive uponadoption and pub lication in accordance with law, and


MAY 05 2009


2005-000221-REV1


05-198OCTOBER 19, 2005

BE IT FURTHER ORDAINED should any part or provis ion of this Ordinance be heldunconstitutional or invalid, such decision shall not affect the validity of this Ordinance as a wholeor any art thereof, other than the part held so unconstitutional or invalid. This ordinance shalltake effect upon final adoption and publication according to law.


ORDINANCE 2005-24

AN ORDINANCE AMENDING CHAPTER xvm, ENTITLED"LAND USE PROCEDURES", .

SPECIFICALLY SUBSECTION 19-3.4(d)OF THE BOROUGH OF ENGLEWOOD CLIFFS,


The clerk presented affidavit ofpublication, showing that advertisement bad been made according tolaw, which was ordered filed. Mr . Parisi moved a public hearing be held on the ordinance. Soordered. Mr. Parisi moved the clerk read the ordinance by title on second reading. So ordered. Theclerk thereupon read the ordinance by title. The mayor then announced that all interested partieswould now be given opportunity to be heard for or against the adoption of the ordinance.

After ample opportunity had been given and no one responding Ms. Norton moved the hearing beclosed. So ordered.

Mr. Parisi moved the ordinance be adopted on second reading and final passage, which motion wasseconded by Manolio and adopted upon a call of the roll.

AYE:ABSENT:


ORDINANC E NO. 2005-24

AN ORDINANC E AMENDING CHAPTER XVIII, ENTITLED" LAND USE PROCEDURES",

SPECIFICALLY SUBSECTION 18-3.4(d)OF THE BOROUGH OF ENGLEWOOD CLIFFS


BE IT ORDAINED by the Mayor and Counci l of the Borough of Englewood Cliffs, thatthe following shall be amended to read as follows:

18-3.4(d) Escrow deposit for professional fees.

I . In addition to the required application fees established herein, the applicant shall berequired to establish one or more escrow accounts with the borough to cover the reasonablepreliminary review costs of professional legal and engineering review and consultation.

MAY 05 2009


2005-000222-REV1


05-199OCTOBER 19, 2005

2. Said escrow fees shall he required for:

(a) Preliminary subdivision approval - engineering - $2,500; legal - $2,500 .

(h) Final subdivision approva l - enginee ring - $2,500; legal- $1,500.

(c) Any subdivision requiring conditional use approval - engineering - $2,500 ;legal - $1,500.

(d) Any subdivision requiring site plan approval - engineering - $2,500;legal- $1500.

(e) Any subdivision requiring a variance of any type - enginee ring - $2,500;legal - $1,500. .

(f) Any site plan - engineering - $2,500; legal- $1,500.

(g) Any sign variance or bulk variance on a single family residence engineering - $250; legal $250, if applicable .

(h) Any other variance - engineering - $2,500j legal - $1,500.

BE I'I' FURTHER ORDAINED that this Ordinance shall become effective uponadoption and publication in accordance with law, and


BE I'I' FURTHER ORDAINED shou ld any part or provision of this Ordinance be heldunconstitutional or invalid , such decision shall not affect the validity of this Ordinance as a wholeor any art thereof, other than the part held so unconstitutional or invalid.


MAY 05 2009


2005-000223-REV1


05-200OCTOBER 19, 2005


ORDINANCE 2005-25


SPECIFICALLY ADDING SECTION 11-1.11

The clerk presented affidavit of publication, showing that advertisement had been made according tolaw, which was ordered filed. Mr. Parisi moved a public hearing be held on the ordinance. Soordered. Mr. Parisi moved the clerk read the ordinance by title on second reading . So ordered. Theclerk thereupon read the ordinance by title. The mayor then announced that all interested partieswould now be given opportunity to be heard for or against the adoption of the ordinance.

After ample opportunity had been given and no one responding Mr. Parisi moved the hearing beclosed. So ordered. .

Mr. Parisi moved the ordinance be adopted on second reading and final passage, which motion wasseconded by Mr. Mano lio and adopted upon a call of the roll.

AYE:ABSENT:

Plawker, Manolio, Drimones , Parisi, NortonKa soff

ORDINANCE 2005-25


SPECIFICALLY ADDING SECTION 11-1.11

BE IT ORDAINED by the Ma yor and Council of the Borough of Englewood Cliffs thatChapter XI shall be amended to include the following:

1. For any additions, renovations or any new construction, the owner shall be responsibleto have a TV inspection of all sewer lines whether existing, new or being replaced and shallsubmit the inspection to the Department of Pub lic Works Superintendent or his designatedrepresentatives to veri fy same to assure the integrity of the sewer system and the connections andshall further supply a CD/DVD of such inspection and a written report indicating the findings ofsaid inspection. The costs of same to be paid by the owner of the property.

2. The owner shall further pay an impa ct charge for the ongoing maintenance andinspection of the Borough's sanitary sewer system and the affects, if any of the improvements ofsaid additions, renovations or new construction .

3. The imposition of said charges' are for the purpose of the inspection and repairs,maintenance and upkeep of the present sanitary sewer system.

MAY 05 2009


2005-000224-REV1


05-201OCTOBER 19, 2005

4. If the use of said property is for residential uses, the owner shall pay a sewer feecharge of $2,000.00 in regard to all new construction or replacement construction and for anyrenovations or additions where the building fee permit is based on a value in excess of$25,000 .00. Said fee shall be paid upon application for a building permit.

5. Commercial properties shall be charged a sewer fee charge of $10,000 .00 in regard toall new construction or replacement construction and for any renovations or additions where the

buildin g fee is based on a value in excess of$25 ,000 .00. Said fee shall be paid upon application

for a building permit.

Violations and penalties.

a. Any person violating any ofthe provisions of this chapter shall, for each andevery violation thereof and for each and every day that said violation continues to be in existence,upon convic tion thereof, be subject to a pena lty not exceeding-one thousand dollars ($1000.00)or to imprisonment for a period not exceeding thirty (30) days or to community service for aperiod not exceeding ninety (90) days per violation at the discretion of the magistrate of theBorough of Englewood Cliffs. .

b. Failure to obtain the prop er permit, make satisfactory improvement s, asdetermined by the Superintendent of Public Works or his designee, or pay the prope r permit feeshall be considered a violation and shall be punishable under tills chapter.

BE IT F URTHER ORDAINED that all ordinances or part s of ordinances other than thezoning ordinance of the Borough which are inconsistent with the provisions of th.is chapter arehereby repealed to the extent of such inconsistency; and

BE IT FURTHER ORDAINED should any part or provision of this Ordinance be heldunconstitutional or invalid, such decision shall not affect the validity of tills Ordinance as awhole or any part thereof, other than the part held so unconstitutional or invalid.

BE IT FURTHER ORDAINED that th.is Ordinance shall become effective uponadoption and publication in accordance with law; and

COMMITTEE REPORTS:

COUNCILMAN PARISI : Public Safety

The Volunteer Fire Department 100th Anniversary Celebration was a great success.Chief' Drimones thanked the Council for their help.

Patrolman Murphy has now been on the force for ll years.

Letters of thanks, to the Police Dept., were received from Mr. Cassella and SemineraConstruction.

MAY 05 2009


2005-000225-REV1


05-202OCTOBER 19, 2005

The Police test is being given to 100 applicants.

The Police Department is assigning extra officers for the annual Halloween event on IrvingAvenue.

The Chamber luncheon on October 26 th will be about Anti-Terrorism and November 17"'luncheon will feature Bob Lape.

All bids are in for the landscaping of the corner on Palisades Ave. and u.s.9W.


There has been a huge turnout for the soccer program.The playoffs will take place in November.

Baseball for the year is closing and Little League winter program starts in January.

Adult programs in Bowling, Yoga and Aerobics are on going.

TIle Basketball season is starting at the Upper School Gym. And Men' s basketball startssoon. ..


Many thanks to Caye Jehn for the latest issue of the Newsletter.

Showed pictures of Samson's Rock when it was located in Tenafly and stated its' new hometo be at Witte field will give all residents an opportunity to see it.


The Planning Board approved two minor sub-divisions at 62 West Bayview Avenue and 110Hollywood Avenue.

A resolution for an Intermediate Storm Water Management Plan was adopted.

COUNCILMAN MANOLlO: DPW, Building & Grounds, Recyc ling, Bd. OfAdj.

The Board ofAdjustment approved a side yard variance on Hickory Street.The Equinox Application was continued.

Leaf management states that all leaves placed in the street must be one foot from the curb .

Do not park cars on top ofleaves. .

MAY 05 2009


2005-000226-REV1


05-203OCTOBER 19, 2005


All TV work was been completed for the 2005 road program .Work will begin on Middlesex Avenue.

A puncb list for the 2004 road program bas been prepared.

Signs for Floyd Street are being installed.

Corrective Work has been initiated on Van Nostrand Avenue .

SUPERINTENDENT OF PUBLIC WORKS :

All residents and landscapers have been notified of the new leaf program as mandated by theState ofNew Jersey. ..

During all the rain last week, we lost no trees and the Shade Tree Commission should becomplimented for all their tree work.

BCUA has asked all municipalities to check for leaks inthe United Water System.

BOROUGH ATTORNEY:

The Borough Attorney reported on condemnation of the buildings behind the MunicipalBuilding.

Mr. Corriston informed the Council of the lawsuit by Commerce Bank. A status conferencewill be held on November 16.

PUBLIC PORTION: On a motion by Norton, seconded by Manolio, the meeting was opened tothe public. Canied.

Mr. Glener: Bathrooms at Witte FieldMs. Lewis: Speeding on Johnson AvenueMs. Goldstein: Cars not stopping at Sage RoadMs. Sank: Sisters of St. Joseph of PeaceMs. Breen: School buses not stopping coming out of school at Charlotte Place

Flooding on V an Nostrand.Mr. Cioffi: Lions Club pancake breakfast on October 30.

MAY 05 2009


2005-000227-REV1


05-204OCTOBER 19, 2005


On a motion by Manolio, seconded by Norton, the meeting was adjourned at 8:55, p.m.

ATTEST:


APPROVED:

ILAN PLAWKERCOUNCIL PRESIDENT

MAY 05 2009


2005-000228-REV1


05-205


MINUTES OF THE CAUCUS MEETING OF NOVEMBER 9,2005



Council PresidentCouncilmanCouncilwomanCouncilmanCouncilmanCouncilwoman


Mayor

ALSO PRESENT:

Boro ugh AttorneyBoro ugh EngineerChiefofPoliceSupt. ofPublic Works

IIan PlawkerThomas ManolioPatricia DrimonesJerry KasoffJoseph Parisi, Jr.Lynn Norton

Joseph C. Parisi



Adequate notice of this meeting was given to the press and posted as required . Date and time of thismeeting was legally given as required by the "Open Public Meetings Act."This notice is on file with the Municipal Clerk and posted on the bulletin board.Minutes of this meeting will be made available to the public upon the completion of typing andproofreading by the Municipal Clerk.


Roll Call:Ayes: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton

MAY 05 2009


2005-000229-REV1


05-206NOVEMBE R 9, 2005


WHEREAS, N.J.S.A. 10:4-12 allows for a public body to go into closed session during a publicmeeting, and

WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs has deemed it necessary togo into closed sess ion to discuss certain matters which are exempted from the public,

NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Borough ofEnglewood Cliffs will go into closed session for the following reason as outlined in N.J.S.A. 10:4-12:

Any pending or an ticipated litigationPersonnel .

Closed session began at 6:35 p.m. and ended at 7:15 p.m. Open'session reconvened at 7:15 p.m.


MINUTES OF THE: Caucus Meeting of October 19, 2005 and Regular Meeting of October 19,2005 were placed on the Regular Agenda for approval. ..


Police Report of October, 2005Court report of October, 2005Construction Code Official's Report of October, 2005Collector/Treasurer's Report of September, 2005


Environmental Commission Border Trees

The Council appointed a committee comprised ofMr. Plawker, Mr. Kasoff, Ms. Norton, Mr.Manolio and the Engineer, to study the issue ofBorder Trees.

George Sardis Eagle Scout Projec t

The Municipal Clerk was authorized to write Mr. Sardis and inform him that the Council hasapproved his request to mark all the sewer covers.

BC Board of Health 2006 Bloodbome Pathogens Compliance

Resolution 05-87, approving agreement, was placed on the regular agenda for approval.

MAY 05 2009


2005-000230-REV1


05-207NOVEMBER 9, 2005


05-85 Removal of sidewalk, 64 Hickory Street05-86 Tax Appeal, 452 Sylvan Avenue & 750 Palisade Avenue05-87 Bloodborne Pathogens Compliance Program

THE FOLLOWING ORDINANCES WASIWERE PLACED ON THE REGULAR AGENDAFOR SECOND READING! PUBLIC HEARING.

2005-262005-27

OLD BUSINESS :

NEW BUSINESS:

Bond Ordinance, Various Capital ImprovementsBond Ordinance, Matching Funds, Woodland Park

None

None

ADJOURN: On a motion by Manolio, seconded by Norton, the meeting was adjourned at 7:25 p.m.Carried.

ATTEST:


APPROVED:

nan Plawker, Council President

MAY 05 2009


2005-000231-REV1


05-208


MINUTES OF THE REGULAR MEETING OF NOVEMBER 9, 2005



Council PresidentCouncilmanCouncilwnmanCouncilmanCouncilmanCouncilwoman


Mayor

ALSO PRESENT:

Municipal AttorneyMunicipal lOngineerChief ofPoliceSuperintendent DPW

llanPlawkerThomas ManolioPatricia DrimonesJerry KasoffJoseph Parisi, Jr.Lynn Norton" .

Joseph C. Parisi


FLAG SALUTE LEAD BY: nan Plawker , Council President


ADEQUATE NOTIClO OF THIS MlOlOTING WAS GIVE:N TO THE PRESS AND POSTED ASREQUlRIiD. DATE AND TIME:OF THIS MlOlOTING WAS LlOGALLY GIVE:N AS REQUlRIiDBY ras "OPEN PUBLIC MlOlOTINGS ACT."THIS NOTIClO IS ON FILE WITH THE MUNICIPAL CLERK AND POSTED ON THEBULLlOTINBOARD .MINUTES OF THIS MlOETING WILL BE MADE AVAILABLE TO THE PUBLIC UPO N THECOMP LlOTION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.

REGULAR MEETING II -09-05 .doc I

MAY 05 2009


2005-000232-REV1


05-209NOVEMBER 9, 2005

MINUTES OF THE FOLLOWING MEETINGS WERE ACCEPTED AS PRESENTED ONA MOTION BY MANOLIO, SECONDED BY DRIMONES, AND CARRIED.

Caucus Meeting of October 19,2005Regular Meeting of October 19, 2005

THE FOLLOWING REPORTS WERE ORDERED FILED ON A MOTION BY PARISI,SECONDED BY NORTON, AND CARRIED.

Police Report of October, 2005Court Report of October, 2005Construction Code Offic ials Report of October, 2005Collector Treasurer's Report of September, 2005

CLAIMS:

On a motion by Plawker, seconded by Parisi , the Claims for the rrionth of November, 2005 wereordered paid.

Ayes : Plawker, Manolio, Drimones, Kasoff, Parisi, Norton

RESOLUTIONS:

COUNCIL PRESIDENT PLAWKER STATED:"IF ANYONE WISHES TO COMMENT ON ANY RESOLUTION TO BE ACTED ON THISEVENING, THEY MAY DO SO AT THIS TIME."


ROLL CALL:AYES: Plawker, Manolio, Drimon es, Kasoff, Parisi, Norton

RESOLUTION 05-85

RE: REMOVAL OF SIDEWALK, 64 mCKORY STREET

Mr. Abraham Kasdan, residing at 64 Hickory Street is hereby givenpermi ssion to remove the sidewalk that is located in front of his home in orderthat his home will conform with their neighbors.

It is to be understood that Mr. Kasdan is solely responsible for theremoval of the sidewalk and the cost thereof. The Borough of Englewood Cliffsis not responsible for any of the costs of this proj ect.

REGULAR MEETING 1l-09-05.doc 2

MAY 05 2009


2005-000233-REV1


05-210NOVEMBER 9, 2005

On a motion by Manolio, seconded by Drimones, Resolution 05-86 was offered for adoption:


RESOLUTION 05-86

Title: Tax Appeal Settlement, 452 Sylvan Avenue AND 750 Palisade Avenue

WHEREAS, the property owner of 452 Sylvan Avenue and 750 Palisade Avenue, alsoknown as Block 512, Lot 3, and Block 512, Lots 4,5, and 6 respectively, has filed real propertytax appeals for years 2003, 2004 and 2005, which are presently pending in the Tax Court ofNewJersey; and .

WHEREA S, it is has been recommended by the assessor and tax appeal attorney that thematter be settled at this time, and that such settlement is in the best interests of the Borough;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Boroughthat tbe tax appeal attorney be and he is hereby authorized and direct53d to execute any and alldocuments necessary in order to finalize the settlement of litigation entitled Assembly Restaurant& Fleet Bank vs, Borough of Englewood Cliffs, so that the 2003 and 2004 appeals will bewithdrawn, the 2005 assessment on the restaurant property reduced from $3,550,000 to$2,850,000 and the 2005 assessment on the Fleet Bank property from $2,849,000 to $1,925,000;and

BE IT FURTHER RESOLVED that the aforesaid settlement is predicated upon awaiver of any and all pre-judgment interest by the taxpayer.

On a motion by Manolio, seconded by Norton, Resolution 05-87 was offered for ad option:


RESOLUTION 05-87

TITLE: BLOODBORNEPATHOGENSCOMPL~CEPROGRAM

WHEREAS, there exists a need for the Borough of Englewood Cliffs to provide statemandated health services of a technical and professional nature for the Bloodborne PathogensCompliance Program; and

WHEREAS, the Bergen County Department of Health Services can assure compliancein accordance with P.E .O.S.H.A. as follows: Exposure Control Plan Development; Policies andProcedures, Training Programs; and RecordlReport Generation and Retention and billing supportdocumentation; and


MAY 05 2009


2005-000234-REV1


05-211NOVEMBER 9, 2005

WHEREAS, the Bergen County Department of Health Services has agreed to providepublic health services through a contract agreement with the Borough of Englewood Cliffs,Department of Health for the calendar year 2006; and

WHEREAS, the fee is to be in an amount not to exceed $2,300.00 for training andpurchase of the vaccine unde r State Contract based on $40.00 per vaccination and funds will beavailable for this purpose; and

WHEREAS, it has been certified that this meets the statutes and regulations concerningthe award of said contract;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Boroughof Englewood Cliffs as follows:

1. That Joseph Favaro, Municipal Clerk is hereby authorized and directed to execute anagreement with the Bergen County Department of Health Services to perform public healthservices of a professional nature for the Bloodborne Pathogens Program for the period January I,2006 through December 31, 2006 at a cost in an amount not to ' exceed $2,300.00 for trainingand purchase ofthe vaccine under State Contract based on $40.00 per vaccination; and

2. This contract is awarded without competiti ve bidding in accordance with N.J.S.A.40A: 11-5(2); and

BE IT FURTHER RESOLVED that the Chief Financial Officer has certified, inaccordance with N.J.A.C. 5:30-14.5 that sufficient legally appropria ted funds will be available forthis purpose subject to appropriation of funds in the 2001 adopted budget.



ORDINANCE 2005-26

The clerk presented affidavit ofpublication, showing that advertisement had been made according tolaw, which was ordered filed. Mr. Parisi moved a public hearing be held on the ordinance. Soordered. Mr. Parisi moved the clerk read the ordinance by title on second reading. So ordered. Theclerk thereupon read the ordinance by title. The mayor then announced that all interested partieswould now be given opportunity to be heard for or against the adoption of the ordinance .

After ample opportunity had been given and no one responding Mr. Manolio moved the hearing beclosed. So ordered.



MAY 05 2009


2005-000235-REV1


05-212NOVEMBER 9, 2005

ROLL CALL:AYES : Plawker, Manolio, Drim ones, Kasoff, Pari si, Norton

ORDINANCE 2005-26

AN ORDINANCE OF THE BOROUGH OF EN GLEWO ODCLIFFS, IN THE COUNTY OF BERGEN , NEW JERSEY,PROVIDING FOR VARIOUS CAPITALIMPROVE MENT S FOR THE BOROUGH OFENGLEWOOD CLIFFS AND APPROPRIATING $470,000,THEREFOR, AND PROVIDING FOR THE IS SUANC E OF$446,498 IN GENERAL IMPROVEMENT BONDS ORNOTES OF THE BOROUGH OF EN GLEWOOD CLIFFSTO FINANCE THE SAME '

BE IT ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH OFENGLEWOOD CLIFFS, IN THE COUNTY OF BERGEN, NEW JERSEY (not less thantwo-thirds of all members thereof affirmatively concurring) A~ FOLLOWS:

,Section 1. The improvements or purposes described in Section 3 of this bond

ordinance are hereby authorized to be undertaken by the Borough of Englewood Cliffs , in theCounty of Bergen, New Jersey (the "Borough") as general improvements . For the severalimprovements or purposes described in Section 3 hereof, there are hereby appropriated therespective sums of money therein stated as the appropriations made for each improvement ofpurpose, such sums amounting in the aggreg ate to $470,000, including the aggregate sum of$23,502 as the several down paymen ts for the improvements or purposes required by the LocalBond Law . The down payments have been made available by virtue of the provision for downpayment in the capita l improvement fund in one or more previously adopted budgets.

Section 2. In order to finance the cost of the severa l improvements or purposes notcovered by application of the several down payments or otherwise provided for hereunder,negotiable bonds are hereby authorized to be issued in the principal amount of $446,498 pursuantto the Local Bond Law. In anticipation of the issuance of the bonds, negotiable bond anticipationnotes are hereby authorized to be issued pursuant to and within the limitations prescribed by theLocal Bond Law.

REGULAR MEETING II-09-0 S.doc 5

MAY 05 2009


2005-000236-REV1


05-213NOVEMBER 9, 2005

Section 3. The severa l improvements hereby authorized and the several purposesfor which the bonds are to be issued, the estimated cost of each improvement and theappropriation therefor, the maximum amount of bonds or notes to be issued for eachimprovement and the period of usefulness of each improvement are as follows:

(a) Purnose: Acquisition of variousequipment and vehicles for the Department ofPublic Works, as per a list on file with theBorough Clerk, including all work and materialsnecessary therefor or incidental thereto.

Appropriation and Estimated Cost:Maximum Amount of Bonds or Notes:Period or Average Period ofUsefulness :Amount ofDown Payment:

$ 291 ,250$'276,687

5 years$ 14,563

(b) Purnose: Purchase and installation of anew phone system for the Municipal Building,for use by the Administration and PoliceDepartment, and including all other work andmateri als necessary theref6r and incidentalthereto .

Appropriation and Estimated Cost:Maximum Amount ofBonds or Notes:Period or Average Period of Usefulness:Amount of Down Payment:

$ 61,250$ 58,1 87

10 years$ 3,063

Cc) Puroose: Acquisition of a 4 wheel driveutility vehicle for tbe Police Department,including all work and materials necessarytherefor or incidental thereto.

Appropriation and Estimated Cost:Maximum Amount of Bonds or Notes:Period or Averal!e Period of Usefulness:Amount of Down Payment:

$ 70,250$ 66,737

5 years$ 3,513

Cd) Puroose: Acquisition of a 4 whee l driveutility vehicle for the Fire Department, includingall work and materials necessary therefor orincidental thereto.

Appropriation and Estimated Cost:Maximum Amount of Bonds or Notes:Perio d or Averal!e Period of Usefulness:Amount of Down Payment:

$ 47,250$ 44,887

5 years$ 2,363


MAY 05 2009


2005-000237-REV1


05-214NOVEMBER 9, 2005

(e) The maximum amount of bonds or notes to be issued for the improvement orpurpose is as stated in Section 2 hereof.

(t) The estimated cost of the several improvements or purposes IS equal to theamount of the appropriation herein made therefor.

Section 4. All bond anticipation notes issued hereunder shall mature at such timesas may be determined by the chief financial officer; provided that no note shall mature later thanone year from its date. The notes shall bear interest at such rate or rates and be in such form asmay be determined by the chief financial officer. The chief financial officer shall determine allmatters in connection with notes issued pursuant to this bond ordinance, and the chief financialofficer's signature upon the notes shall be conclusive evidence as 'to all such determinations. Allnotes issued hereunder may be renewed from time to time subject to the provisions of the LocalBond Law. The chief financial officer is hereby authorized"to sell part or all of the notes fromtime to time, at not less than 99% of par and accrued interest, at public or private sale and todeliver them to the purchasers thereof upon receipt of payment of the purchase price plus accruedinterest from their dates to the date of delivery thereof. The chief financial officer is directed toreport in writing to the governing body at the meeting next succeeding the date when any sale ordelivery of the notes pursuant to this bond ordinance is made. Such report must include theamount, the description, the interest rate and the maturity schedule of the notes sold, the priceobtained and the name of the purchaser.

Section 5. The capital budget or temporary capital budget (as applicable) of theBorough is hereby amended to conform with the provisions of this bond ordinance to the extentof any inconsistency herewith. 10 the event of any such inconsistency and amendment, theresolution in the form promulgated by the Local Finance Board showing full detail of theamended capital budget or amended temporary capital budget (as applicable) and capital programas approved by the Director of the Division of Local Government Services is on file with theBorough Clerk and is available there for public inspection.

Section 6.and stated:


(a) The several improvements or purposes described in Section 3 of this bondordinance are not current expenses. They are improvements or purposes the Borough maylawfully undertake as general improvements, and no part of the cost thereof has been or shall bespecially assessed on property specially benefited thereby.

(b) The average period of usefulness of the several improvements or purposes,within the linritations of the Local Bond Law, computed on the basis of the respective amounts orobligations authorized for each improvement or purpose and the reasonable life thereof within thelinritations of the Local Bond Law, is 5.651 years.

REGULAR MEETING II-09-05.doc 7

MAY 05 2009


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05-215NOVEMBER 9, 2005

(c) The Supplemental Deht Statement required by the Local Bond Law has beenduly prepared and filed in the office of the Clerk, and a complete executed duplicate thereof hasbeen filed in the office of the Director of the Division of Local Government Services in theDepartment of Community Affairs of the State of New Jersey. Such statement shows that thegross debt of the Borough as defined in the Local Bond Law is increased by the authori zation ofthe bonds and notes provided in this bond ordinance by $446,498, and the obligations authorizedherein will be within all debt limitations prescribed by that Law.

(d) An aggregate amount not exceeding $5,000 for items of expense listed in andpermitted under NJ .S.A. 40A:2-20 is included in the estimated cost indicated herein for theseveral improvements or purpo ses.

(e) The Borough reasonably expects to commence acquisition of the projectsdescribed in Section 3 hereof, and to advance all or a portion of the costs in respect thereof, priorto the issuance of bonds or notes hereunder. To the extent such costs are advanced, the Boroughfurther reasonably expects to reimburse such expenditures from .the proceeds of the bonds ornotes authorized by this bond ordinance, in an aggregate not to exceed the amount of bonds ornotes authorized in Section 2 hereof. .

Section 7. Any grant moneys received for the' purpo ses described in Section 3hereof shall be applied either to direct payment of the cost of the improvements or to payment ofthe obligations issued pursuant to this bond ordinance. The amount of obligations authorized butnot issued hereunder shall be reduced to the extent that such funds are so used.

Section 8. The full faith and credit of the Borough is hereby pledged to the punctualpayment of the principal of and the interest on the obligations authorized by this bond ordinance.The obligations shall be direct, unlimited obligations of the Borough, and the Borough shall beobligated to levy ad valorem taxes upon all the taxable real property within the Borough for thepayment of the obligations and the interest thereon without limitation of rate or amount.

Section 9. To the extent that any previous ordinance or resolution is inconsistentherewith or contradictory hereto, said ordinance or resolution is hereby repealed or amended tothe extent necessary to make it consis tent herewith.

Section 10. This bond ordinance shall take effect 20 days after the first publicationthereof after final adoption, as provided by the Local Bond Law.


MAY 05 2009


2005-000239-REV1


05-216NOVEMBER 9, 2005


ORDINANCE 2005-27

The clerk presented affidavit of publication, showing that advertisement had been made according tolaw, which was ordered filed. Mr. Parisi moved a public hearing be held on the ordinance . Soordered. Mr. Parisi moved the clerk read the ordinance by title on second reading. So ordered. Theclerk thereupon read the ordinance by title. The mayor then announced that all interested partieswould now be given opportunity to be heard for or against the adoption of the ordinance.

After ample opportunity had been given and no one responding MI:. Manolio moved the hearing beclosed. So ordered.



ORDINANCE 2005-27 .'

AN ORDINANCE OF THE BOROUGH OF ENGLEWOODCLIFFS, IN THE COUNTY OF BERGEN, NEW JERSEY,PROVIDING FOR IMPROVEMENTS TO WEST BAYVIEWAVENUE PARK IN THE BOROUGH OF ENGLEWOODCLIFFS AND APPROPRIATING $61,500 THEREFOR, ANDAUTHORIZING $58,425 IN BONDS OR NOTES OF THEBOROUGH OF ENGLEWOOD CLIFFS TO FINANCE THESAME

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE BOROUGH OFENGLEWOOD CLIFFS, IN THE COUNTY OF BERGEN, NEW JERSEY (not less than twothirds ofall members thereof affirmatively concurring) , AS FOLLOWS:

Section 1. The improvement or purpose described in Section 3 of this bond ordinanceis hereby authorized to be undertaken by the Borough ofEnglewood Cliffs, in the County ofBergen,New Jersey (the "Borough") as a general improvement. For the improvement or purpose describedin Section 3 hereof, there is hereby appropriated the sum of $61,500, including the sum of$3,075 asthe down payment required by the Local Bond Law. The down payment has been made available byvirtue of provision in the capital improvement fimd in one or more previously adopted budgets.

Section 2. In order to finance the cost of the improvement or purpose not covered byapplication of the down payment or otherwise provided for hereunder, negotiable bonds are herebyauthorized to be issued in the principal amount of $58,425 pursuant to the Local Bond Law. Inanticipation of the issuance of the bonds, negotiable bond anticipation notes are hereby authorized tobe issued pursuant to and within the limitations prescribed by the Local Bond Law.


MAY 05 2009


2005-000240-REV1


05-217NOVEMBER 9,2005

Section 30 (a) The improvement hereby authorized and the purpose of thefinancing for which the bonds are to be issued is to provide the Borough 's matching funds asrequired by the Open Space Grant from the County of Bergen which has been previouslyappropriated, to be used for Municipal Park Improvements at West Bayview Avenue Park, as per alist on me with the Borough Clerk, including all work and materials necessary therefor or incidentalthereto.


(c) The estimated cost of the improvement or purpose is equal to the amount ofthe appropriation herein made therefor.

Section 40 All bond anticipation notes issued hereunder shall mature at such times asmay be determined by the chief financial officer; provided that no note shall mature later than oneyear from its date. The notes shall bear interest at such rate or rates and be in such form as may bedetermined by the chief financial officer. The chief financial officer shall determine all matters inconnection with notes issued pursuant to this bond ordinance, and the chief financial officer'ssignature upon the notes shall be conclusive evidence as to all such determinations. All notes issuedhereunder may be renewed from time to time subject to the provis ions of the Local Bond Law. Thechief financial officer is hereby authorized to sell part or all of the notes from time to time, at not lessthan 99% of par and accrued interest, at public or private sale and to deliver them to the purchasersthereof upon receipt of payment of the purchase price plus accrued interest from their dates to thedate of delivery thereof. The chief financial officer is directed to report in writing to the governingbody at the meeting next succeeding the date when any sale or delivery of the notes pursuant to thisbond ordinance is made . Such report must include the amount, the description, the interest rate andthe maturity schedule of the notes sold, the price obtained and the name of the purchaser.

Section 50 The capital budget or temporary capital budget (as applicable) of theBorough is hereby amended to conform with the provisions of this bond ordinance to the extent ofany inconsistency herewith. In the event of any such inconsistency and amendment, the resolution inthe form promulgated by the Local Finance Board showing full detail of the amended capital budgetor amended temporary capital budget (as applicable) and capital program as approved by theDirector of the Division of Local Government Services is on file with the Borough Clerk and isavailable there for public inspection.

Section 60and stated:


(a) The improvement or purpose described in Section 3 of this bond ordinanceis not a current expense. It is an improvement or purpose the Borough may lawfully undertake as ageneral improvement, and no part of the cost thereof has been or shall be specially assessed onproperty specially benefited thereby.

(b) The period of usefulness of the improvement or purpose, within thelimitations of the Local Bond Law, according to the reasonable life thereof computed from the dateof the bonds authorized by this bond ordinance, is 15 years.


MAY 05 2009


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05-218NOVEMBER 9, 2005

(c) The Supplemental Debt Statement required by the Local Bond Law hasbeen duly prepared and filed in the office of the Deputy Clerk, and a complete executed duplicatethereof has been filed in the office of the Director of the Division of Local Government Services inthe Department of Community Affairs of the State of New Jersey. Such statement shows that thegross debt of the Borough as defined in the Local Bond Law is increased by the authorization of thebonds and notes provided in this bond ordinance by $58,425 and the issuance of the obligationsauthorized herein will be within all debt limitations prescribed by that law.

(d) An aggregate amount not exceeding $5,000 for items of expense listed inand permitted under NJ.S.A. 40A:2-20 is included in the estimated cost indicated herein for thepurpose or improvement.

(e) The Borough reasonably expects to commence the project described inSection 3 hereof, and to advance all or a portion of the costs in respect thereof, prior to the issuanceof bonds or notes hereunder. To the extent such costs are advanced, the Borough further reasonablyexpects to reimburse such expenditures from the proceeds of the bonds or notes authorized by thisbond ordinance, in an aggregate not to exceed the amount of bonds or notes authorized in Section 2hereof.

Section 7. Any grant money s received for the purposes described in Section 3 hereofshall be applied either to direct payment of the cost of the improvements or to payment of theobligations issued pursuant to this bond ordinance. The amount of obligations authorized but notissued hereunder shall be reduced to the extent that such funds are applied to the payment ofobligations issued pursuant to this bond ordinance.

Section 8. The full faith and credit of the Borough is hereby pledged to the punctualpayment of the principal of and the interest on the obligations authorized by this bond ordinance.The obligations shall be direct, unlimited obligations of the Borough, and the Borough shall beobligated to levy ad valorem taxes upon all the taxable real property within the Borough for thepayment ofthe obligations and the interest thereon without limitation of rate or amount.

Section 9. The Borough hereby covenants to take any action necessary or refrain fromtaking such action in order to preserve the tax-exempt status of the bonds and notes authorizedhereunder and issued as tax-exempt bonds or notes as is or may be required under the InternalRevenue Code of 1986, as amended, and the regulations promulgated thereunder (the "Code"),including compliance with the Code with regard to the use, expenditure, investment, timely reportingand rebate of investment earnings as may be required thereunder.

Section 10. To the extent that any previous ordinance or resolution is inconsistentherewith or contradictory hereto, said ordinance or resolution is hereby repealed or amended to theextent necessary to make it consistent herewith.

Section 11. This bond ordinance shall take effect 20 days after the first publicationthereofafter final adoption, as provided by the Local Bond Law.

REGULAR MEETING 1l-09- 05 .doc II

MAY 05 2009


2005-000242-REV1


05-219NOVEMBER 9, 2005

COMMITTEE REPORTS:

COUNCILMAN KASOFF: Legal, Lighting, Transportation, Clean CommunitiesBuilding Development

Mr. Kasoff offered his congratulations to Councilwomen Drimones and Norton on their reelection.


Mr. Parisi offered his congratulations to Councilwomen Drimones and Norton on their reelection.

Bob Lape, food critic, will be at the next Chamber ofCo~erce luncheon being held at theAssembly Restaurant.


Ms. Norton thanked everyone for their support in her re-election.

This is the last week for soccer. The championship will take place on Sunday.There will be a soccer party at the Upper School on :N~vember 20 in coordination with the"Run for George" event. '

Steven Duffy will be taking over the basketball program.


Mr. Plawker said the results of the election restored his faith in the intelligence of the voters.They realized the worth and value of the Borough volunteers. He offered his congratulationsto Councilwomen Drimones and Norton on their re-election.


Ms. Drimones thanked everyone for their support in her re-election.She also thanked the voters for not believing all the nonsense put out by her opponents.

Ms. Drimones reminded the public that the Board of Education was conducting areferendum on December 13, 2005.

COUNCILMAN MANOLlO: DPW, Building & Grounds, Recycling, Bd. Of Adj .

Mr. Manolio offered his congratulations to Councilwomen Drimones and Norton on their reelection. They ran a good campaign based on facts.


MAY 05 2009


2005-000243-REV1


05-220NOVEMBER 9, 2005


2005 Road Project: Curb installation 80% completed. Paving should commence onMonday. Rose Avenue began today. Curb installation on Roberts Road and Lyncrest Roadare completed.

2004 Road Project. Punch list completed.

Floyd Street. Signs completed. Driveway drainage will be done next week.

VanNostrand Avenue: Curbs completed.

CHlEF OF POLICE: Chief Whiting informed the public that contrary to the political literature ofMs. Sank, Police cars are patrolling the Borough 24/7. Anywhere from 2-6 cars are on the road atanyone time. '.

Councilman Parisi praised the Police Department for their involvement with the Halloween activitiesheld on Irving Avenue. .

PUBLIC PORTION: On a motion by Parisi, seconded by Dfunones, the meeting was opened tothe public. Carried.

Dr. Singer, President of the Board of Health refuted the mis-information made in thepolitical literature by Ms. Sank. He noted that the Englewood Cliffs Board of Health was comprisedof 6 physicians out of the 7 members. No other community in the State has such membership. Ms.Fehre is their secretary and carries out the dictates of the board and makes no decisions. Hecontinued to inform the public that the Board made the decision to cancel the Health Fair for tinsyears because ofnon-participation by the public.

Ms. D'Amato informed the public that Englewood Cliffs is the only community that doesnot charge residents for their flu shots. It is funded by donations.

Ms . Jehn, Historian, also refuted comments by Diane Sank that she started the senior busprogram. She said it was started by Councilmen Wasik and Mungioli, and Russell Jehn. There wasnever any input from Ms. Sank.

Ms. Sank asked about the status of Samson's Rock. She was told plans were being made forthe moving of the rock.

On a motion by Manolio, seconded by Drimones, the public portion of the meeting was closed.Carried.

On a motion by Manolio, seconded by Drimones, the meeting was adjourned at 8:40 p.m.


MAY 05 2009


2005-000244-REV1


05-221NOVEMBER 9, 2005

ArrEST: APPROVED:

JOSEPH FAVARO, MUNlCIPAL CLERK !LAN PLAWKER,COUNCIL PRESIDENT


MAY 05 2009


2005-000245-REV1



NEW JERSEY

MINUTES OF THE SPECIAL MEETING OF THE MAYOR AND COUNCIL

DATE: November 29, 2005

PURPOSE: Appointment of Mayor

CALL TO ORDER AT: 6:00 p.m.


COUNCIL PRESIDENTCOUNCILMANCOUNCILWOMANCOUNCILMANCOUNCILMANCOUNCILWOMAN

ALSO PRESENT:

MUNICIPAL ATTORNEY

ILAN PLAWKER, PRESIDINGTHOMAS MANOLIOPATRICIA DRIMONESJERRY KAS.oFFJOSEPH PARISI, JR.LYNN NORTON

E. C. CORRl STON


OPEN PUBLIC MEETINGS ACT STATEMENT:

"ADEQUATE NOTICE OF rms SPECIAL MEETING WAS GIVEN TO THE RECORD ANDPRESS JOURNAL AND POSTED AS REQUIRED.DATE AND TIME OF THIS SPECIAL MEETING WAS LEGALLY GIVEN AS REQUIRED BYTHE "OPEN PUBLIC MEETINGS ACT."THIS NOTICE IS ON FILE WITH THE BOROUGH CLERK AND POSTED ON THEBULLETIN BOARD.

Mr. Plawker introduced the following dignitaries who were in attendance:

Assemblywoman Elect, Valerie HuttleMayor Gerald Calabrese ofCliffside ParkMayor Frank DeBari of New Milford

The Municipal Clerk read the names of the recommended by the Englewood Cliffs DemocraticMunicipal Committee for the position ofMayor in accordance with the New Jersey Statutes.

The three candidates recommended are :

Councilman Joseph Parisi, Jr.Councilwoman Lynn NortonCarter Corriston

MAY 05 2009


2005-000246-REV1


02-22 3NOVEMBER 29, 2005

Councilwoman Norton and Mr. Coniston withdrew their names from consideration .

On a motion by Norton, seconded by Drimones, Joseph Parisi, Jr . was nominated for the position ofMayor.

ROLLCALL:AYE S:ABSTAIN:


The Oath of Office was given by Mayor Gerald Calabrese of Cliffside Park.

Mayor Joseph C. Paris i, Jr. made the following remarks.

My friends and neighbors, thank you. Tonight, I have mixed emotions. I am happy because of thehonor that my colleagues and fellow council members have bestowed upon me, by selecting me asthe Mayor of Englewood Cliffs and sad because of the circumstanc es that made that selectionnecessary. The death of my father, Joseph C. Parisi, Sr., the Mayor of Englewood Cliffs .

I wish to take a moment to thank all of the citizens ofour town for their gracious outpouring ofheartfelt sympathy to my fami ly. I know my mother, Lucill e Parisi, the first Lady ofEnglewoodCliffs, the woman behind our Mayor, is forever grateful to you all. I want to thank my family; mywife Gina and my two boys, Joey and Tommy, in advance for their sacrifice in supporting mydecision to serve as Mayor, along with my friends and all my staff here and at my agency.

I recognize the heavy burden that assuming the title ofMayo r places upon me. For surely the onlyman who truly deserved the title was my father.

He guided our community of Englewood Cliffs for a genera tion and a half; through its evolution intothe home of the trillion dollar mile without ever permitting high rise development or the creation ofmini-malls, which dot our neighboring towns . His attention to all the necessary details, like therepaving of our streets , the upgrading of our sewer system, and the alleviation of flooding variousparts of our community was to him a labor of love for his community and his neighbors.

His passion for maintaining a low tax rate is will known and was the hallmark of his administration.He guided our town throu gh the establishment ofa senior center, the growth of our fire andambulance services, and, ofcourse, our great police department. But , he still found the time to makesure that our garbage was picked up, our leaves were collected and our streets were cleaned.

Recently, he oversaw the upgrading of our premier recreation area, the Witte Field, into a multifaceted recreation area for every segment ofour population. Our recreation program services everylevel ofour community from young children to our older residents.

In the thirty years that he served our community, his legacy, was service. That legacy is reflected inthe kind ofcommunity that he has left behind for all ofus to enjoy.

For many of the residents ofEnglewood Cliffs, he was the only Mayor that they knew. That title hewore with humility and carried out with dedication. He truly embodied the title, M ayor.

MAY 05 2009


2005-000247-REV1


05-224NOVEMBER 29,2005

The burden of that legacy now falls to me, and I will need the help of all the members of the Council ,the employees and all the volunteer Board members of the Borougb, as well as all the members ofour close knit community to succeed.

I am ready to accept this challenge, but my success will be decided in the next general election, whenyou the people ofEnglewood Cliffs, not the counci l, will decide if! am worthy to continue to leadour community as your Mayor.

There are many challenges ahead for all ofus, but maintaining the character of the community he leftin our care will be paramount among them. My father's dream for our community will not be castaside and remade in the image of another. He left us an Englewood Cliffs that is the envy ofourneigbb ors and it falls upon me and all of us to continue the traditions that he established as the leaderof our community. Those traditions have served us well in maintainin g the desirability of ourcommunity as one of the best in Bergen county ifnot the State ofNew Jersey.

I pledge tonigbt to do nothing to alter the outstanding image of Englewood Cliffs. I pledge tonight tolisten to aIopinions before making final decisions. I pledge tonight to always place the people ofEnglewood Cliffs first, as did my father. .

I pledge tonight to earn this revered title that you have bestowed upon me - Mayor of EnglewoodCliffs. As we embark on this new chapter for our town, I will always remember that I serve only atthe pleasure of the people ofEnglewood Cliffs .

From my family to yours - God bless you all and thank you.

All member of the Council, the Municipal Attorney, Municipal Clerk congratulated the new Mayorand wished him well.

Mayor Frank DeBari of New Milford, President of the Bergen County League ofMunicipalitiespresented Mayor Parisi a small token and welcomed him as the new Mayor of Englewood Cliffs.

Mayor Parisi asked all in attendance to join him and his family at the Assembly restaurant at theconclusion of the meeting.

On a motion by Manolio, seconded by Norton the meeting was adjourned at 6:30 p.m. Carried,

ATIEST:

Joseph FavaroMunicipal Clerk

APPROVED:

Joseph C. Parisi , Jr.Mayor

MAY 05 2009


2005-000248-REV1



NEW JERSEY

MINUTES OF THE SPECIAL MEETING OF THE MAYOR AND COUNCIL

DATE: DECEMBER 6, 2005

PURPOSE: TO DISCUSS POLICE APPLICATIONS

CALL TO ORDER AT: 7:30 P.M.


MAYORCOUNCIL PRESIDENTCOUNCILMANCOUNCILWOMANCOUNCILMANCOUNCILWOMAN

ALSO PRESENT:

MUNICIPAL ATTORNEYPOLICE CHIEF

JOSEPH C. PARISI JR.ILANPLAWKERTHOMAS MANOLIO (Anived 7:55 p.m.)PATRICIA DRIMONESJERRYKASOFFLYNN NORTON .

E. C. CORRISTONLAWRENCE WHITING

OPEN PUBLIC MEETINGS ACT STATEMENT:

"ADEQUATE NOTICE OF THIS SPECIAL MEETING WAS GWEN TO THE RECORD ANDPRESS JOURNAL AND POSTED AS REQUIRED.DATE AND TIME OF THIS SPECIAL MEETING WAS LEGALLY GIVEN AS REQUIRED BYTHE "OPEN PUBLIC MEETINGS ACT."THIS NOTICE IS ON FILE WITH THE BOROUGH CLERK AND POSTED ON THEBULLETIN BOARD.

On a motion by Kasoff, seconded by Plawker, Resolution 05-94 was offered for adoption:

Roll Call:Ayes: Plawker, Drimones, Kasoff, Norton

. I

MAY 05 2009


2005-000249-REV1


05-2 26



WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs bas deemed itnecessary to go into closed session to discuss certain matters which are exempted from the public,


Any pending or anticipated litigation

The Closed Session started at 7:35 p.m. and ended at 10:15 p.m. .

On a motion by Manolio, seconded by Drimones, the Council returned to open session.

On a motion by Manolio, seconded by Kasoff, the meeting was adjourned at 10:16 p.m.

ArrEST:

JOSEPH FAVAROMUNICIPAL CLERK

APPROVED :

JOSEPH C. PARISI, JR.MAYOR

MAY 05 2009


2005-000250-REV1


"

MAY 05 2009


2005-000251-REV1


05-225


MINUTES OF THE CAUCUS MEETING OF DECEMBER 21,2005




ALSO PRESENT:

Borough AttorneyBorough EngineerChief of PoliceSupt. ofPublic Works


Joseph C. Parisi, Jr.Dan PlawkerThomas ManolioPatricia DrimonesJerry KasoffLynn Norton

E. Carter Conistori, Esq.Bernard MarandiLawrence WhitingRodney Bialko


On a motion by Manolio, seconded by Kasoff, resolution 05-93 was offered for adoption:

Roll Call:Ayes: Plawker, Manolio, Drirnones, Kasoff, Norton

MAY 05 2009


2005-000252-REV1


05-226DECEMBER 21, 2005

RESOLUTION 05-93RE : CLOSED SESSION


WHEREAS, the Mayor and Counc il of the Borough of Englewood Cliffs has deemed itnecessary to go into closed session to discuss certain matters which are exempted from the public,

NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Borough ofEnglewood Cliffs will go into closed session for the following reason as outlined in N.J .S.A. 10:412:

PERSONNELAMBULANCE CORPS

PENDING LITIGATION, UNII:EvER

The Mayor and Council convened the closed session at 6:35 p.m. and came back into open session at7:15 p.m.


MINUTES OF THE: Caucus Meeting of November 9, 2005; Regu lar Meeting of November 9,2005; and the Special Meeting of November 29, 2005 were placed on the Regular Agenda forapproval .


Police Report of November, 2005Court report of November, 2005Construction Code Official's Report of November, 2005CollectorfTreasurer's Report of October, 2005


Report of the Democratic MUnicipal Committee

Placed on the regular meeting agenda.

Tax Appeal Attorney

Was discussed in closed session.

Tax Appeal Settlement, Unilever

MAY 05 2009


2005-000253-REV1


05-227DECEMBER 21, 2005

Alan Marcus Request for Gas Allowance

The inspectors will be allowed to follow the IRS regulation and submit a mileage chart andget $0.35/mile for their gasoline.

Councilman Kasoff Eminent Domain

The Borough Attorney will research this for the Mayor and Council and come back withrecommendations at the next meeting .

Municipal Attorney Environmental Site Assessment

The inspector has found no significant asbestos in the building.

The Council set up a committee to see how the buildings 'can best be utilized.Mr. Plawker will head the committee, joined by Mr. Mano lio and the head of all thedepartments.

Municipal Attorney Circular Driveways

The Council discussed the possibility of increasing the width of circular driveways from 10feet to 12 feet.

BIDS : New Telephone System

The Borough received bids on November 10, 2005 for a new phone system.Bids were received from the following:

SPS Strategic Products & Services (Avaya) $25,622.42

Professional Services, Inc. (Seimans) $18,988.00

The Council placed resolution 05-91, awarding the bid to Professional Services, Inc., on theregular agenda for approval.


05-8905-9005-9 105-9205-9505-9605-98

Appoint Jason Lerner, Junior Fire FighterTax Appeal Settlement, UnileverAward Telephone BidInterlocal Phone Agreement - Bergen CountyAnimal Shelter Agreement - Bergen CountyTransfer of FundsDeferred Compensation

MAY 05 2009


2005-000254-REV1


05-228DECEMBER 21, 225

REPORT OF BOROUGH ENGINEER

A puncb list is being prepared for the 2005 road improvement projec t.

ADJOURN:

On a motion by Drimones, seconded by Manolio, the meeting was adjourned at 7:45 p.m,Carried.

ATTEST:

JOSEPH FAVARO, MUNlCIPAL CLERK

APP~OVED:

JOSEPH C. PARtSI, JR. MAYOR

MAY 05 2009


2005-000255-REV1


05-229


MINUTES OF THE REGULAR MEETING OF DECEMBER 21,2005



MayorCouncil PresidentCouncilmanCouncilwom anCouncilmanCouncilwoman

ALSO PRESENT:

Municipal AttorneyMunicipal EngineerChief of PoliceSuperintendent DPW

Joseph C. ParisiDan PlawkerThoma s ManolioPatricia DrimonesJerry KasoffLynn Norton


,FLAG SALUTE LEAD BY COUNCIL PRESIDENT, ILAN PLAWKER


ADEQUATE NOTICE OF TIllS MEETING WAS GIVEN TO THE PRESS AND POSTED ASREQUIRED. DATE AND TIME OF TIllS MEETING WAS LEGALLY GIVEN AS REQUIREDBY THE "OPEN PUBLIC MEETINGS ACT."TIllS NOTICE IS ON FILE WITH THE MUNICIPAL CLERK AND POSTED ON THEBULLETIN BOARD .MINUTES OF TIllS MEETING WILL BE MADE AVAlLABLE TO THE PUBLIC UPON THECOMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.

The Municipal Clerk read the names suggested by the Englewood Cliffs Democratic MunicipalCommittee to fill the Council vacancy. They were:

Marilyn Gittleman, Patrick Perin, Daniel Mayer

On a motion by Norton, seconded by Plawker, the Dame of Patrick Perin was placed before theCouncil to fill the Council vacancy .

Roll Call:Ayes: Plawker, Manolio, Drimones, Kasoff, Norton

Mayor Joseph C. Parisi, Jr. admini stered the Oath Of Allegiance to Mr. Perin.

MAY 05 2009


2005-000256-REV1


05-230December 21, 2005

All members of the Council offered Mr. Perin, their congratulations and their best wishes during thecoming year.

Mr. Perin thanks everyone for appointing him and stated he would do his best as a Councilman in theBorough ofEnglewood Cliffs.

MINUTES OF THE FOLLOWING MEETINGS WERE ACCEPTED AS PRESENTED ONA MOnON BY MANOLlO, SECONDED BY PLAWKER, AND CARRIED.

Caucus Meeting of November 9, 2005Regular Meeting of November 9,2005Special Meeting of November 29,2005

THE FOLLOWING REPORTS WERE ORDERED FiLED ON A MOnON BY MANOLIO,SECONDED BY DRlMONES, AND CARRIED.

Police Report ofNovember, 2005Court Report of November, 2005Construction Code Officials Report of November, 2005Collector Treasurer's Report of October, 2005

Mayor Parisi explained that the test for a new police officer would be voided. Even though theBergen County Prosecutor has stated that there was no wrong doing by anyone on the PoliceDepartment or the Mayor and Council. The Mayor said that even the suggestion of an improprietywas not in the best interest of the Borough. The Borough Attorney was authorized to prepare theproper resolution voiding the test and to re-instate a new application process.

BIDS: New Telephone System

On a motion by Manolio, seconded by Drimones, resolution 05-91 was offered for adoption:

ROLL CALL:AYES: Plawker, Manolio, Drimones, Kasoff, Norton, Perin

RESOLunON 05-91

RE: AWARD BID - TELEPHONE SYSTEM

WHEREAS, the Borough of Englewood Cliffs has received bids for a new telephonesystem; and

WHEREAS, the all bids have been reviewed; and

WHEREAS, the Mayor and Council are desirous of awarding the contract to the bidderproviding the lowest cost to the Boro ugh; and

WHEREAS, Professional Service, lnc.(Seimans) has provided the lowest total cost inthe amount of $18,988.00 and is the lowest responsible bidder for the new telephone system; and

MAY 05 2009


2005-000257-REV1


05-231DECEMBER 21, 2005

WHEREAS, it is the recommendation of the Borough Administrator that the contract beawarded to Professional Service, Inc;

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council does herebyaward the contract for the new telephone system to Professional Service, Inc., 205A HuntingdonPike, Rockledge, Pa. 19046, in the amount of $18,988.00 and that the Borough Attorney is herebyauthorized and directed to prepare the appropriate agreement therefor.

CLAIMS:

On a motion by Plawker, seconded by Manolio, the Claims for the' month of December, 2005 wereordered paid.

.,Ayes:Abstain:

Plawker, Manolio, Drimones, Kasoff, NortonPerin

MAY 05 2009


2005-000258-REV1


05-231DECEMBER 21, 2005

RESOLUTIONS:



ROLLCALL:AYES: Plawker, Manolio, Drimones, Kasoff, Norton, Perin

RESOLUTION 05-89

RE: APPOINT JUNiOR VOLUNTEER FIREFIGHTER

WHEREAS, the Englewood Cliffs Volunteer Fire Department has recommended theappointment of Jason Lerner as a junior member of the Englewood Cliffs Volunteer FireDepartment;

NOW, THEREFORE BE IT RESOLVED that the Mayor and Council of the Boroughof Englewood Cliffs does hereby approve the membership of Jason Lerner as a junior member ofthe Englewood Cliffs Volunteer Fire Department.

On a motion by Plawker, seconded by Manolio, Resolution 05-90 was offered for adoption:

ROLL CALL:AYES:ABSTAIN:

Plawker, Manolio , Drimones, Kasoff, NortonPerin

RESOLUTION 05-90

RE: TAX APPEAL SETTLEMENT, UNILEVER

WHEREAS, Unilever, forme rly know n as Bestfoods, is the owner of 700 SylvanAvenue; and

WHEREAS, tax appeals are presently pending with regard to challenges of the 200 Ithrough 2005 assessments; and

WHEREAS, the tax challenges for years 200 1 through 2003 are pending in the AppellateDivision of the Superior Court; and

WHEREAS, settlement of all matters are in the best interests of the Borough;

NO W, THEREFORE, BE IT

MAY 05 2009


2005-000259-REV1


05-232DECEMBER 21, 2005

RESOLVED by the Mayor and Council of the Borough of Englewood Cliffs that the taxattorney is hereby authorized and directed to execute any and all documents necessary in order toeffectuate a universal settlement of all appeals in litigation entitled Bestfoods IUnileverl v.Enl!lewood Cliffs, for the years 200I through 2006, as follows:

the 2001 assessment of $35 million shall be reduced to $27 million;

the 2002 assessment of $48.8 million shall be reduced to $34 million;

the 2003 assessment of $48.8 million shall be reduced to $36 million ;

the 2004 assessment of $48.8 million shall be reduced to $38.5 million;

the 2005 assessment of 58.8 million shall be reduced to $36 million;

the 2006 assessment of $58.8 million shall be reduced to $32.5 million; and beit further

RESOLVED, that the aforesaid settlements are predicated upon a full waiver of any andall pre-judgment interest by the taxpayer.

On a motion by Drimones, seconded by Manolio, Resolution 05-92 was offered for adoption:


Resolution 05-92WHEREAS, the lnterlocal Services Act, N.J S.A. 40:8A-I, et seq., permits, authorizes

and encourages public bodies such as municipalities and school districts to enter into agreementswith each other to contract for the provision of any service which the parties to such agreementare empowered to render under and within its own jurisdiction, whether administrative,educational, instructional or otherwise; and

WHEREAS, numerous governmental units located within Bergen County spend largesums of tax dollars for various telecommunications services, encompassing local, toll, inbound,calling card, data, inter-latta, intra-latta and cellular telecommunications . services (hereinafterreferred to as "Telecom Services"); and

WHEREAS, the Bergen County Improvement Authority ("BClA") recognizes that localgovernmental units face increased pressure to fund operations and wishes to develop acomprehensive plan to evaluate the current telecommunication infrastructure, data network andcalling plans throughout the County using lnterlocal Agreements to partner with localgovernmental units, for the purpose ofeffectuating cost savings measures related to TelecomServices; and

MAY 05 2009


2005-000260-REV1


05-233DECEMBER 21,2005

WHEREAS, the BCLA is sponsoring a Countywide Telecommunications Audit andNetwork Assessment Project (the "TANA Project) with the objective of identifying current andlorany past billing overpayments and payments made in error and to identify un-optimized facilitiesand to target them for correction and reclamatiou ; and

WHEREAS, the BCLA also seeks telecommunications optimization recommendations tomaximize savings in the group purchase from Telecommunications Providers of the TelecomServices for participating entities; and

WHEREAS, participation of which in the TANA Project is voluntary; and

WHEREAS, the Board has had an opportunity to review the terms of the TANA Projectlnte rlocal Agreement, attached hereto, and desires to participa:e in the TANA Project;

NOW THEREFORE BE IT RESOLVED that the attached agreement, which is madepart of this resolution, is hereby approve d; and

BE IT FURTHER RESOLVED that the Mayor and Municip al Clerk of the Borough ofEnglewood Cliffs are authorized to execute the lnterlocal Agreem ent to the Bergen CountyImprovement Authority.



RESOLUTION 05-95

RE: AGREEMENT WITH BERGEN COUNTY ANIMAL SHELTER

WHEREAS, there exists a need for the Borough of Englewood Cliffs Health Departmentto provide state mandated animal control services of a professional nature; and

WHEREAS, the Bergen County Department ofHealth Services can provide dulyqualified personnel to carry out these services; and

WHEREA S, the Bergen County Department ofHealth Services has agreed to provideanimal control services through a contract agreement with the Borough of Englewood Cliffs,Department of Health for the Calendar year 2006; and

WHEREAS, the maximum amount of the contract is $7,610.46 and funds will beavailable for this purpose; and

MAY 05 2009


2005-000261-REV1


05-234DECEMBER 21, 2005

WHEREAS, it has been certified that this meets the statutes and regulations concerningthe award of said contract:

WHEREAS, the Animal Center will be responsible for those services delineated in theColumn I "Mandated Services: Animal Regulatory Control Compliance" and Column II"Additional Services" ; and

NOW, THEREF ORE, BE IT RESOLYED by the Mayor and Council ofthe Boroughof Englewood Cliffs as follows:

I . The Joseph Favaro, Administrator, is hereby authorized anddirec ted to execute an agreement with the Bergen County Department of HealthServices to perfo rm animal control services of a professional nature for theperiod January I , 2006 through December 31i 2007 at a cost not to exceed$7,610.46.

2. This Contract is awarded without competitive bidding in accordancewith NJ.S.A. 40A: 11-5(2); and .

BE IT FURTHER RESOLYED that the Chief Financial Officer has certified, inaccordance with N.J.A.C . 5:30-14 .5 that sufficie nt legally appropriated funds will be available forthis purpose subject to appropriation of funds in the 2006 temporary and/or adopted budget.


ROLL CALL:AYES:ABSTAIN

Plawker, Manolio, Drimones, Kasoff, NortonPerin

RESOLUTION 2005-96

RE: TRANSFER OF FUNDS BETWEEN 2005 BUDGET APPROPRIATIONS

BE IT RESOLYED by the Mayor and Council of the Borough of Englewood Cliffs that thefollowing transfers between the 2005 Budget appropriations be made:

MAY 05 2009


2005-000262-REV1


05-235DECEMBER 21, 2005

FROMSalary and Wage AdjustmentStreets & Roads S $ WRecreation S & WGarbage & Trash

TOTAL FROM: $144,591.00

$50,000$22,000$20,000.$52,591

TOA & E Salary and WagesBoard ofAdj. S & WConstruction Code S & WSewer Inspection S & WOther InsuranceGroup InsurancePolice S & WMunicipal Court S & WBd. 0 Health S & WAdmin. OfPub. Asst. S & WLibrary ServicesUtilitiesfTelephoneUtilitiesfWaterConsolidate Ii' & FMunicipal Court S & W

TOTAL TO: 14(591.00

$ 2,170.00$ 84.00$ 5,025.00$ 55.00$ 1,333.00$65,699.00$58,907.00$ 977.00$ 109.00$ 12.00$ 1.00$ 3,557.00$ 6,601.00$ 35.00$ 26.00

On a motion by Plawker, seconded by Manolio, resolution 05-98 was offered for adoption.

ROLLCALL:AYES : Plawker, Manolio, Drimones, Kasoff, Norton

RESOLUTION 2005-98FOR ADOPTING CHANGES TO AN EXISTING DEFERRED COMPENSATION PLAN PURSUANT TO

THEJOB CREATION AND WORKER ASSISTANCE ACT OF 2002,

INTERNAL REVENUE CODE SECTION 457 REGULATIONS (INCLUDING CERTAIN PROPOSEDREVISIONS),

INTERNAL REVENUE SERVICE REVENUE PROCEDURE 2004-56, ANDINTERNAL REVENUE SERVICE REVENUE PROCEDURE 2004-12

WHEREAS, the BOROUGH OF ENGLEWOOD CLIFFS (hereinafter referred to as the "Employer") byresolution adopted a Deferred Compensation Plan [hereinafter referred to as the "Plan") effective July 5, 2001, for thepurpose of making available to eligible employees the accrual of tax benefit s under a Section 457 DeferredCompensation Plan; and

WHEREAS, the Employer by resolution retained The Variable Annuity Life Insurance Company (U V ALIC')as the contractor under the Deferred Compensation Plan and executed a Service Agreement with said contractor; and

WHEREAS, the Job Creation and Worker Assistance Act of 2002 amended Section 457 of the Intern alRevenue Code (the "Coden); and

WHEREAS, the Internal Revenue Service ("IRS n) issued final Code Section 457 regulations on July II , 2003and propo sed Code Section 4 15 regulations issued May 31, 2005 that modified the Code Section 457 regulations; and

WHEREAS, the IRS has issued model amendments (Revenue Procedure 2004-56) and guidance regardingrollover contributions to eligible retirement plans (Revenue Procedure 2004-12) that apply to Section 457 Plans; and

MAY 05 2009


2005-000263-REV1


05-236DECEMBER 21, 2005

WHEREAS, the IRS has set a deadline of December 31, 2005, for State and local governmental Section457(b) plan sponsors to adopt or amend their plans to conform with the Code , regulations, and interpretative guidance;and

WHEREAS, the Employer desires its Plan to conform with the changes in the Code, regulations, andinterpretative guidance; and

WHEREAS, the Employer desires to adopt an amended and restated Plan that conforms with the changes inthe Code , regulations, and interpretative guidance; and

WHEREAS, such amended and restated Plan shall supersede the previously adopted Plan;

NOW , THEREFORE, BE IT RESOLVED that the Employer does hereby adopt the amended and restatedPlan prepared by VALIC and assigned Plan Document identifier 55-PD- VALIC-I10305 by the Director of theDivision of Local Governmental Services.

.,BE IT FURTHER RESOLVED that a certified copy of this resolution shall be forwarded to the Director of

the Division of Local Government Services.

COMMITTEE REPORTS:

COUNCILMAN KASOFF: Legal, Lighting, Trans~ortation, Clean Communities,Building Development

Councilman Kasoffwished everyone a Merry Christmas and a Happy Hanukkah.

COUNCILMAN PERIN:

Councilman Perin wished everyone a Merry Christmas and a Happy Hanukkah.


Aerobics, Yoga, Bowling and adult basketball are still going on. Basketball and IndoorSoccer begins on January 7, 2006.


Councilman Plawker reminded everyone that articles for the View on the Cliffs are dueJanuary 13.

MAY 05 2009


2005-000264-REV1


05-237DECEMBER 21, 2005


TIle Planning Board approved the Water Management Plan

Recreation will be meeting in January to plan the summer camp.

The school board referendum was approved by the voters.

The Councilwoman wisbed everyone a Happy Holiday .

COUNCILMAN MANOLIO: DPW, Building & Grounds, Recycling, Bd. OfAdj.

The Board of Adjustment continued the applications 'of 100 Sylvan Ave., 301 SylvanAvenue and an application on Roberts Road .

TIle DPW did an outstanding job on snow removal d~g the last storm.

The new storm water sewers are causing leaves to get stuck and a water is backing up.

SUPT. OF PUBLIC WORKS: DPW is still collecting leaves.


A punch list is being prepared for the 2005 Road Improvement Project.

POLICE CHIEF:

Chief Whiting thanked all the participants who donated blood and had their marrow testedfor Officer James Colon.

BOROUGH ATTORNEY:

Court will give final report on the Soulvis building on January II.

Going to court on the other property in the next two weeks. Should get the next monetarynumber by September.

Mr. Kasoff asked Mr. Corriston to research Eminent Domain so that the Borough can passsome type of ordinance to protect .the Borough property owners.

MAY 05 2009


2005-000265-REV1


05-238DECEMBER 21, 2005

PUBLIC PORTION: On a motion by Manolio, seconded by Drimones, the meeting was opened tothe public. Carried.

Diane Sank, Charlotte Place .

Asked about Samson's rock.Asked wbat was discussed in closed session.

Steve Rubinsky, Summit Street.

Accused the Record of character assassination in their article about the Police Test.There should be set asides for residents for applications.

Bobbi Goldstein, Jane Drive.

Congratulated the DPW for the great job they did removing leaves and snow removal.

On a motion by Manolio, seconded by Perin , the public portion was order closed. Carried.

Mayor Parisi announced the Re-organization would be held on January 5, 2006.,The Mayor also expressed his appreciation to all those residents and non-residents who responded tothe call for help for Officer Jim Colon. He was very proud of the community.

On a motion by Drimones, seconded by Perin, the meeting was adjourned at 8:50, p.m.

ATTEST:

JOSEPH FAVARO, MUNIClPAL CLERK

APPROVED:

JOSEPH C. PARtSI JR., MAYOR

MAY 05 2009


2005-000266-REV1


2005 complete mayor & council minutes of the borough of englewood cliffs

Documents

council minutes borough

open public meeting

reorganization meeting

sine die meeting

borough clerkapproved

nj open public records

rev12005 mayor

englewood cliffsretrieved