2006 complete mayor & council minutes of the borough of englewood cliffs

06-01BOROUGH OF ENGLEWOOD CLIFFS

BERGEN COUNTY, NEW JERSEY

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

DATE: January 4, 2006

CALL TO ORDER AT 6:00 P.M.

PRESENT AT ROLL CALL:

MayorCouncil PresidentCouncilmanCouncilwomanCouncilmanCouncilwomanCouncilman

ALSO PRESENT:

Borough AttorneyBorough EngineerSupt. of Public WorksChief of Police

Joseph C. Parisi Jr.nan PlawkerThomas ManolioPatricia DrimonesJerry KasoffLynn NortonPatrick Perin

,E. Carter Corriston, Esq.Bernard MirandiRodney 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."TIns 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

2006-000002-REV1

2006 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.)

06-02JANUARY 4,2006

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

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

ATTEST:

JOSEPH FAVARO, BOROUGH CLERK

APPROVED:

JO~,EPH C. PARISI JR., MAYOR

MAY 05 2009


2006-000003-REV1


06-03J ANUARY 4, 2006

MINUTES OF THE REORGANIZATION MEETING OF J ANUARY 4, 2006.

The Oath of Office was administered to Councilwoman Patricia Drimones and Councilwoman LynnNorton by Mayor Joseph C. Parisi Jr.

THE REORGANIZATION MEETING WAS CALLED TO ORDER AT 6:10 p.m.

PRESENT AT ROLL CALL :


ALSO PRE SENT:

Borough AttorneyMunic ipal EngineerSupt. ofPublic WorksChief ofPolice

Joseph C. Parisi Jr.llanPlawkerThomas ManolioPatricia DrimonesJerry KasoffLynnNortonPatrick Perin "

E. Carter Corriston , Esq .Bernard MirandiRodney 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.Minutes of this meeting will be made available to the public upon completion of typing andproofreading by the Municipal Clerk.

MAY 05 2009


2006-000004-REV1


05-04JANUARY 4, 2006

ADDRESS BY MAYOR PARISI

Good evening and happy new year.

As we embark into a new year let us remember 2005, although we were sadden by the loss of ourgreat mayor and my father, Joseph Parisi, Sr.

We should be happy about the our many accomplishments of 2005. We are proud and thankful forthe numerous volunteers that help our town every day. In fact our brave volunteer fire departmentcelebrated there 100 birthday in protecting our community

Once again we achieved tree city USA, through the tireless effort of our volunteer shade treecommittee and the also took on they task of re-grooming and beautifying the re- namedWoodland Park on Bayview Ave.

Our planning board and our board of adjustment continue to maintain the harmony between ourresidents and our corporate citizens.

Our recreation and youth volunteers have provided numerous sports and activities for all of us.And I am proud ofthe fact that our 9 and under little league won the divisional championship.In addition, our recreat ion department added extend afternoon hours to our existing summer,camp.

All these dedicated volunteers in addition: Board of health; Library board ; Environmentalcommission; Construction board of appeals; and the Police surgeons provide tremen dous freeservice to our communi ty and give us the ability to be the 2"d lowest tax rate in the county.

We also have to thank and praise our paid employees of the borough: Our brave policedepartment ; our efficient department of public works; our well-run municipal court ; our attentivebuilding department; and tax collection staff.

Not to mention our hard working Borough Clerk and Adminis trator , Joe Favaro and his deputyDebb ie Fehre.

I have to also thank our Borough Engineer; our Auditor; our CFO, our Tax Appeal Attorney; ourBond Council; and of course our Borough Attorney Carter Corriston for their hard work andloyalty.

I would be remiss, if I did not mention the wonderful people on the council, they all work so hardto make Englewood Cliffs a wonderful town. I personally want to thank, nan, Pat , Tom, Jerry,Lynn and our newest member, Pat, for all their support.

At this time, I also what to thank our residents and municipal employees who came out for thebone marrow drive we had for Englewood Cliffs police officer Jim Colon, stricken with a rareform of leukemia. I am so happy to announce that Jim has been informed that a donor with a90% match has been found. Our prayers and well wishes go out to Jim and his family .

MAY 05 2009


2006-000005-REV1


06-05JANUARY 4, 2006

We cannot sit on our past laurels as we move into 2006. We look toward building on his greatfoundation and truly becoming the number one town in the state.

Some of our major initiatives for 2006 are: starting the renovation of our new municipalcomplex, including the upgrading of our police and municipal offices.

In addition, the creating of an indoor recreation facility for all the people of Englewood Cliffs touse and enjoy.

We look forward to the implementation of our new road improvem ent equipment, so we can keepour streets and roads in tip top condi tion.

We are looking into improving the Witte field with additional upgrades and enhancements.

And most importantly, we will be analyzing our municipal budget and looking at ways to reduceexpenses and to look for additional revenue through government grants.

There will be many great opportunities for us in 2006, and I can assure you that this Mayor andCouncil will do everything in our power for the people of Englewood Cliffs.

Thank you and again please have a happy and healthy new year...

MAYOR PARISI MADE THE FOLLOWING STATEMENT:

THE RULES OF ORDER WILL REMAIN UNCHANGED.

On a motion by Plawker, seconded by Manolio, resolution 06-1 2 was offered for adoption:

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

RESOLUTION 06-12

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

WHEREAS, the Borough of Englewood Cliffs Mayor and Council has established theirRegular meeting dates for the year 2006. The regular meetings will be held on the tbird Wednesdavof 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 2006 as follows:

MAY 05 2009


2006-000006-REV1


06-06JANUARY 4, 2006

REGULAR AND CAUCUS MEETm GS

JanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecember

18 - Wednesday (Caucus & Regular Meeting)15 - Wednesday (Caucus & Regular Meeting)15 - Wednesday (Caucus & Regular Meeting)19 - Wedn esday (Caucus & Regular Meeting)17 - Wednesday (Caucus & Regular Meeting)21- Wednesday (Caucus & Regular Meeting)19 - Wednesday (Caucus & Regular Meeting)16 - Wednesday (Caucus & Regular Meeting)20 - Wednesday (Caucus & Regular Meeting)18 - Wednesday (Caucus & Regular Meeting)8 - Wednesday (Caucus & Regular Meeting)

20 - Wednesday (Caucus & Regular Meeting).,

MAYOR PARlSl STATED THE FOLLOwmG:

ALL STANDmG COMMITTEES ARE HEREBY DISSOLVED.ALL SPECIAL COMMITTEES ARE HEREBY DISSOLVED.,ALL YEARLY APPOINTMENTS ARE HEREBY TERMmATED.

i

ON A MOTION BY NORTON, SECONDED BY DRlMONES, THE BY-LAWS OF 2005WERE ADOPTED FOR THE YEAR 2006.

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

MAYOR PARISI STATED: WITH THE ADVICE AND CO NSENT OF THE COUNCIL, IMAKE THE FOLLOwmG APPOINTMENTS:

COUNCIL PRESIDENT - ILAN PLAWKER

AYES:ABSTAIN:

Mauo lio, Drimones, Kasoff, Norton, PerinPlawker

BOROUGH ATTORNEY - E. CARTER CORRISTON, ESQ.

AYES: Plawker, Mauolio, Drimones, Kasoff, Norton, Perin

MAY 05 2009


2006-000007-REV1


06·07

JANUARY 4, 2006

RESOLUTION 06-01

RESOLUTION AUTHORIZING THE AWARD OF A

CONTRACT FOR BOROUGH ATTORNEY

WHEREAS , the Borough of Englewood Cliffs has a need to acquire of a BoroughAttorney for the year 2006 to provide Legal Services as pursuant to the provisions of N.].SA.19:44A20.4 or 20.5 as appropriate; and,

WHEREAS, the Borough Administrator has determined and certified in writing that thevalue of these services will exceed $17,500; and,

WHEREAS, the anticipated term of this contract is 1 year and may be extended year toyear as approved by the Governing Body; and

WHEREAS, E. Carter Corriston, Esq. has completed and submitted a Business EntityDisclosure Certification which certifies that E. Carter Corriston, Esq. has not made anyreportable contributions to a political or candidate committee in the Borough of Englewood Cliffsin the previous one year (2005 exempted by law), and that the contract will prohibit the E. CarterCorriston, Esq. from making any reportable contributions through the term of the contract; and

WHEREAS, funds will be available in the Englewood Cliffs 2006 Municipal Budget tocompensate said attorney for his services as per N.J.A.C. 5:30-5.4;

NOW THEREFORE, BE IT RESOLVED that the Borough of Englewood Cliffsauthorizes the Mayor and MUnicipal Clerk to enter into a contract with E. Carter Corriston asdescribed herein; and,

BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification andthe Determination of Value be placed on file with this resolution;. and

BE IT FURTHER RESOLVED that this contract is awarded without public bidding asprofessional services under the Local Contracts Law by virtue of N.J.S.A. 40A:II-7 whichspecifically exempts such contracts from the requirements of public bidding. The Borough Clerkis hereby authorized and directed to publish a copy of this resolution in the newspaper within ten(10) days from the date hereof.

BOROUGH AUDITOR - STE VEN WIELKOTZ

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

MAY 05 2009


2006-000008-REV1


06 ·08

JANUARY 4, 2006

RESOLUTION 06·02


CONTRACT FOR BOROUGH AUDITOR

WHEREAS, the Borough of Englewood Cliffs has a need to acquire of a BoroughAuditor for the year 2006 to provide Legal Services as pursuant to the provi sions of N.).SA.19:44A20.4 or 20.5 as appropriate; and,



WHEREAS, Steven Wielkotz, RM A, has completed and submitted a Business EntityDisclosure Certification which certifies that Steven Wielkotz has not made any reportablecontributions to a political or candidate committee in the Borough of Englewood Cliffs in theprevious one year (2005 exempted by law), and that the contract win prohib it the StevenWielkotz from makin g any reportab le contributions through the term of the contract; and

WHEREAS, funds will be available in the Englewood Cliffs 2006 Municipal Budget tocompensate said auditor for his service s as per NJ.A.C. 5:30-5.4;

NOW THEREFORE, BE IT RESOLVED that the Borough of Englewood Cliffsauthorizes the Mayor and Municipal Clerk to enter into a contract with Steven Wielkotz, RMA,as described herein; and,

BE IT F URTHER RESOLVED that the Business Disclosure Entity Certification andthe Determination of Value be placed on file with this resolution;. and

BE IT FURTHER RESOLVED that this contract is awarded without public bidding asprofessional services under the Local Contracts Law by virtue of NJ.S.A. 40A l1 -7 whic hspecifically exempts such contracts from the requirements of public bidding. The Borough Clerkis hereby authorized and directed to publish a copy of this resolution in the newspaper within ten(l0) days from the date hereof.

BOROUGH ENGINEER - STEVEN BOSWELL

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

MAY 05 2009


2006-000009-REV1


06-09J ANUARY 4, 2006

RESOLUTION 06-03


CONTRACT FOR BOROUGH ENGINEER

WHEREAS, the Borough of Englewood Cliffs has a need to acquire of a BoroughEngineer for the year 2006 to provide Legal Services as pursuant to the provisions of N.]. SA.19:44A20.4 or 20.5 as appropriate; and,

WHEREAS, the Borough Administrator has determined and certified in writing that thevalue of these services will exceed $ 17,500; and,

WHEREAS, the anticipated term of this contract is I year and may be extended year toyear as approve d by the Governing Body; and

WHEREAS, Stephen Boswell , has completed and submitted a Business EntityDisclosure Certification which certifies that Stephen Boswell has not made any reportablecontributions to a political or candidate committee in the Borough of Englewood Cliffs in theprevious one year (2005 exempted by law), and that the contract will prohibit the StephenBoswell from making any reportable contribu tions through the term of the contract; and

WHEREAS, funds will be available in the Englewood Cliffs 2006 Municipal Budget tocompensate said auditor for his services as per N.J.A.C. 5:30-5.4;

NOW THEREFORE, BE IT RESOLVED that the Borough of Englewood Cliffsauthorizes the Mayor and Municipal Clerk to enter into a contract with Stephen Boswell asdescribed herein ; and,

BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification andthe Determination ofValue be placed on file with this resolution;. and

BE IT FURTHER RESOLVED that this contract is awarded without public bidding asprofession al services under the Local Contracts Law by virtue of NJ .S.A. 40A:II-7 whichspecifically exempts such contracts from the requirements of public bidding. The Borough Clerkis hereby authorize d and directed to publish a copy of this resolution in the newspaper within ten(10) days from the date hereof.

BOND COUNSEL - DeCotii s, Fitzpatrick, & Cole

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

MAY 05 2009


2006-000010-REV1


06-10JANUARY 4, 2006

RESOLUTION 06·04

RESOLUTION AUTHORIZING THE AWARD OF ACONTRACT FOR BOND COUNSEL

WHEREAS, the Borough of Englewood Cliffs has a need to acquire of a Bond Counselfor the year 2006 to provide Legal Services as pursuant to the provi sions of N.].SA. 19:44A20.4or 20.5 as appropriate; and,

WHEREAS, the Borough Adminis trator has determined and certified in writ ing that thevalue of these services will exceed $17,500; and,


WHEREAS, DECOTIIS , FITZPATRI CK, COLE & WISLER, LLP , has completed andsubmitted a Business Entity Disclosure Certification which certifies that DECOTlIS,FITZPATRICK, COLE & WISLER, LLP has not made any reportable contribut ions to a politicalor candidate committee in the Borough of Englewood Cliffs ip the previous one year (2005exempted by law), and that the contra ct will prohib it the DECOTlIS, FITZPATRICK, COLE &WISLER, LLP from making any reportable contributions through the term of the contract; and


NOW THEREFORE, BE IT RESOLVED that the Borough of Englewood Cliffsauthorizes the Mayor and Municipal Clerk to enter into a contract with DECOTIIS ,FITZPATRICK, COLE & WISLER, LLP as described herein; and,

BE IT F URTHER RESOLVED that the Business Disclosure Entity Certification andthe Determination of Value be placed on file with this resolution;. and

BE IT FURTHER RESOLVED that this contract is awarded withou t public bidding asprofessional services under the Local Contracts Law by virtue of N.J.S.A. 40A:II -7 whichspecifically exempts such contracts from the requirements of publ ic bidding. The Borough Clerkis hereby authorized and directed to publish a copy of this resolution in the newspaper within ten(10) days from the date hereof.

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


MAY 05 2009


2006-000011-REV1


06-11JANUARY 4. 2006

RESOLUTION 06-14


CONTRACT FOR TAX APPEAL ATTORNEY

WHEREAS, the Borough of Englewood Cliffs has a need to acquire of a Tax AppealAttorney for the year 2006 to provide Legal Services as pursuant to the provisions of N.].SA.19:44A20.4 or 20.5 as appropriate ; and,


WHEREAS, the anticipated term of this contract is I year and may be extended year toyear as approved by the Governing Body; and

WHEREAS, Steven Muhlstock, Esq., has completed and submitted a Business EntityDisclosure Certification which certifies that Steven Muhlstock, Esq. has not made any reportablecontributions to a political or candidate committee in the Borough of Englewood Cliffs in theprevious one year (2005 exempted hy law), and that the contract will prohibit the StevenMuhlstock, Esq. from making any reportable contributions through the term of the contract; and


NOW THEREFORE, BE IT RESOLVED that the Borough of Englewood Cliffsauthorizes the Mayor and Municipal Clerk to enter into a contract with Steven Muhlstock, Esq. asdescribed herein; and,

BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification andthe Determination ofValue be placed on file with this resolution;. and

BE IT FURTHER RESOLVED that this contract is awarded without public bidding asprofessional services under the Local Contracts Law by virtue of N.J.S.A. 40A: 11 -7 whichspecifically exempts such contracts from the requirements of public bidding. The Borough Clerkis hereby authorized and directed to publish a copy of this resolution in the newspaper within ten(l 0) days from the date hereof.

MAY 05 2009


2006-000012-REV1


06-12JANUARY 4, 2006

BOROUGH ADMINISTRATOR (l YEAR) - JOSEPH FAYARO


DEPUTY BOROUGH CLERK (1 YEAR) - DEBORAH FERRE


COMPLIANCE OFFICER (1 YEAR) - JOSEPH FAYARO


RESOLUTION 06-15

WHEREAS, the State of New 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 2006.

ADA COORDINATOR (l YEAR) - JOSEPH FAYARO


BUILDING INSPECTOR ( ONE YEAR)- ERIC SWANSON


ASSISTANT BUILDING INSPECTOR (ONE YEAR) - LINO SOCCRER


PROSECUTOR (1 YEAR) - MARC C. SAPERSTEIN, ESQ.


MAY 05 2009


2006-000013-REV1


06-13JANUARY 4, 2006

RES OLUTION 06-13

RE: APPOINT BOROUGH PROSECUTOR FOR 2006

WHEREAS, it is necessary for the Borough of Englewood Cliffs to engage the services ofaBorough Prosecutor for the year 2006 to provide Legal services which are necessary for theoperation of the Municipal Court of said Borough; and

WHEREAS, compensation will he availahle hy way of budget appropriations tocompensate said Attorney, and;

WHEREAS, the Local Public Contracts Law (NJ.SA 40A:II 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 Prosecutor for the year 2006 is hereby designated as Marc C. Saperstein; andThis contract is awarded without public bidding as professional services under the Local ContractsLaw by virtue ofN.J.S.AAOA: I I-7 which specifically exempts ~,uch contracts from the requirementsof public bidding.

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

PUBLIC DEFENDER (1 YEAR) - ALBERT WUNSCH ill


COURT ADMINISTRATOR (1 YEAR) - MARY McSPllUT


RECREAnON DIRECTOR (1 YEAR) - NEIL J . VILL


WORK FffiST - POOR LAW

ADMINISTRATE LAW (1 YEAR) -MAURA VILL


MAY 05 2009


2006-000014-REV1


06-14JANUARY 4, 2006

BOARD OF HEALTH: 4 YEARS

MEMBER - DR. MARK SINGERMEMBER - DR. RONALD WHITEMEMBER - DR. BETH RAUCHER

AYES:ABSTAIN :

Plawker, Manolio, Drimones, Kasoff, Norton, PerinNorton (for Dr. Rancher only)

SHADE TREE COMMISSION: 3 YEARS

MEMBER-MEL~SUMON

MEMBER -MAURA VILLMEMBER - ROBERTA GOLDSTEIN

AYES:ABSTAIN:

Plawker, Manolio, Drimones, Kasoff, Norton, PerinNorton (for Roberta Goldstein only)

ENGLEWOOD LmRARY BOARD - HELEN BRAND,S YEARS

AYES :,

Plawker, Manolio, Drimones, Kasoff, Nort on, Perin,

BOARD OF ADJUSTMENT (4 YEARS) - CARLO A. ZlMATOREBOARD OF ADJUSTMENT (4 YEARS) - GABRIEL TOMASETTIALTERNATE TO BOARD OF ADJUSTMENT (1 YEAR) - ANTONIO SELVAGGIALTERNATE TO BOARD OF ADJUSTMENT (1 YEAR) - DAVID PASACRITACOUNCIL REPRESENTATIVE TO BOARD OF ADJUSTMENT - THOMAS MANOLIO

AYES: Plawker, Murphy, Manolio, Drimones, Kasoff, Norton, Perin(Mr. Manolio abstained on his appointment as Council Representative)

THE FOLLOWING ARE MAYOR PARISI'S APPOINTMENTS TO THE PLANNINGBOARD: NO VOTE NECESSARY.

MEMBER (4 YEARS) - MEL~ SUMONMEMBER (4 YEARS) - EDWIN FEHREALTERNATE #1 TO PLANNING BOARD (1 YEAR) - JILL ROSENBERGALTERNATE #2 TO PLANNING BOARD (1 YEAR) - ISAAC ASHWALBOROUGH REPRESENTATIVE TO PLANNING BOARD (1 YEAR) - JOSEPH FAVARO

COUNCIL REP. TO PLANNING BOARD(1 YEAR) - PATRICIA DRUMONES

AYES:ABSTAIN:

Plawker, Manolio, Kasoff, Norton, PerinDrimones

MAY 05 2009


2006-000015-REV1


JANUARY 4, 2006

RECYCLING COORDINATOR (1 YEAR) - RODNEY BIALKO


ROAD SAFETY DIRECTOR (1 YEAR) - ARTHUR GOLDSTEIN

06-15

AYES:ABSTAIN:

Plawker, Manolio, Drimones, Kasoff, PerinNorton

FIRE PREVENTION OFFICIAL (1 YEAR) - JOSEPH CARDULLO


ENVIRONMENTAL COMMISSION (2 YEARS) - LOUIS YCRE


CONSTRUCTION BOARD OF APPEALS (3 YEARS) - MARTIN SANTINICONSTRUCTION BOARD OF APPEALS (3 YEARS) - PETER PULICESECRETARY TO BOARD OF APPEALS (1 YEAR) - JOSlj:PH FAVARO

;

AYES: Plawker, Manolio, Drimones, Kasoff, Norton, Perin(Mr. Perin abstained on his appointment)

POLICE SURGEONS - DR EUGENE BONACCI(1 YEAR) DR MOUSSA ERSHADI

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


SENIOR CITIZENS BOARD OF DIRECTORS - NEIL VILL (1YEAR)


MAY 05 2009


2006-000016-REV1


06-16JANUARY 4, 2006

SCHOOL CROSSING GUARDS (1 YEAR)

JOSEPHINE HENNJOAN COLEGEROROSE MASTELLONEBARBARA HENN


POLlCE MATRONS (1 YEAR)

ROSE MASTELLONEJOSEPHINE HENNJOAN COLEGEROBARBARA HENN


INSURANCE RISK MANAGER (1 YEAR) - ANDREW DURKIN

AYES: Plawker, Manolio, Drimones, Kasoff, 'Norton, Perin,

RESOLUTION 06-11

WHEREAS, the Borough of Englewood Cliffs has resolved to join the South BergenMunicipal Joint Insurance Fund, a self/excess 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 ofthe 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: 11-5 (I) (a) (i).

MAY 05 2009


2006-000017-REV1


06-17J ANUARY 4, 2006

INSURANCE FUND COMMISSIONER (1 YEAR) - J OSEPH FAVAROINSURANCE SAFETY DELEGATE (l YEAR) - RODNEY BIALKOPERSONNEL OFFICER (1 YEAR) - JOSEPH FAVARODEPlITY PERSONNEL OFFICER (1 YEAR) - DEBORAH FERRELABOR ATTORNEY (1 YEAR) - E. CARTER CORRISTON, ESQ.


COLLECTION SYSTEMS OPERATOR (1 YEAR): BRUCE BONAVENTURO, LLC


COUNCn.. REPRESENTATIVE TO THE BOARD OF EDUCATION -PATRICIA DRIMONES

AYES:ABSTAIN:

Plawker, Manolio, Kasoff, Norton, PennDrimones

COUNCIL LIAISON TO THE CHAMBER OF COMMERCE - Thomas Manolio

AYES:ABSTAIN:

Plawker, Drimones, Kasoff, Norton, PerinManolio ..

LEGISLATIVE LIAISON - ILAN PLAWKER

AYES:ABSTAIN:

Manolio, Drimones, Kasoff, Norton, PerinPlawker

BOROUGH DEPOSITORIES

RESOLUTION 06-10

BE IT RESOLVED by the Borough Council of the Borough of Englewood Cliffs, in theCounty or Bergen, State of New 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 ofEnglewood Cliffs during the year 2006; 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 checks, drafts, notesand/or acceptances of the Borough of Englewood Cliffs pursuant to the attached list of accounts andauthorized signatures.

AYES:ABSTAIN :

Plawker, Manolio, Drimones, Kasoff, NortonPerin

MAY 05 2009


2006-000018-REV1


06-18JANUARY 4, 2006

OFFICIAL NEWSPAPERS - THE RECORDJERSEY JOURNALPRESS JOURNALBERGEN NEWSNEWARK STAR LEDGER


DEPUTY COORDINATOR - FIRE CHIEF, GEORGE DRIMONES - (1 YEAR)

AYES:ABSTAIN:


EMERGENCY PLANNING COUNCIL (1 YEAR) - APPOINTED BY MAYOR

MAYORPOLlCE COMMISSIONERFIRE COMMISSIONERFIRECBlEFFIRE DEPARTMENTAMBULANCE CORP. CAPTAINAMBULANCE CORP. PRESIDENTSUPT. PUBLlC WORKSSEC. BD. OF HEALTHSANITARY INSPECTORHEALTH OFFICERBUILDING INSPECTORPOLlCE CAPTAINPOLlCE LIEUTENANTRED CROSSIBERGEN CROSSROADSCHAMBER OF COMMERCETAX ASSESSOR, DAMAGESUPT. OF SCHOOLSBOROUGH ADMINISTRATOR

JOSEPH C. PARISI JRILAN PLAWKERL~NORTON

GEORGE DRIMONESTHOMAS MANOLlOJOHN POSNERWALTER GUNDELRODNEY BIALKODEBORAH FERRETED WAGNERSAMYANOVlCHALAN P. MARCUSWILLIAM GALLAGHERMICHAEL McMORROWMARK A. BERMANSHARI DiPALMAGEORGEREGGOPHILOMENA PEZZANOJOSEPH FAVARO

MAY 05 2009


2006-000019-REV1


06-19JANUARY 4, 2006

STANDING COMMITTEES: FffiST PERSON NAMED IS CHAIRPERSON

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

PLAWKER: Kasoff, ManolioNORTON: Kasoff, PerinDRIMONES: Norton, PerinPERIN: Manolio, DrimonesKASOFF, Manolio, DrimonesMANOLIO, Norton, DrimonesMANOLIO, Norton, DrimonesNORTON: Committee of the WholeNORTON: Drimones, PerinPERIN: Manolio, KasoffKASOFF: Committee of the WholeDRIMONES: Norton, Shade Tree CommissionMANOLIO: Norton, PerinPLAWKER: Manolio, Borough HistorianKASOFF: Norton, Shade Tree CommissionPLAWKER: Drimones, Kasoff, Norton &

The Chamber of Commerce

.AYES: Plawker, Manolio, Drimones, Kasoff,Norton,~erin

ON A MOTION BY DRIMONES, SECONDED BY MANOLIO, RESOLUTION 06-07 WASOFFERED FOR ADOPTION:


RESOLUTION 06-07

TITLE: 2006 TEMPORARY BUDGET

WHEREAS, Section 40 A:4- l 9 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 the2005 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 first thirty days of January, 2006;and

WHEREAS, said temporary appropnations are limited to 26.2 5% of the totalappropriations in the 2005 budget, exclusive of any appropriations made for debt service,Public Assistance, and Capital Improvement Fund in the said 2005 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


2006-000020-REV1


GENERAL GOVERNMENT:Administrative and Executive:Salaries and WagesMiscellaneous Other ExpensesSalaries ofMayor and CouncilFinancial Administration:Other Expenses

Assessment ofTaxes:Salaries and WagesOther ExpensesCollec tion ofTaxes:Salaries and WagesOther ExpensesLegal Services and Costs

Salaries & WagesOther ExpensesMunicipal Court: Inside CapSalaries and WagesOther Expenses

Engineering Services and Costs:Other ExpensesPublic 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 4, 2006

GENERAL APPROPRIAn ONS

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

06-20MAY 05 2009


2006-000021-REV1


JANUARY 4, 2006

Police:Salaries and WagesOther Expenses

Construction Code Official:Salaries and WagesOther ExpensesFire Sub-Code Officia l:Salaries and Wages

Plumbing Inspector:Salaries and Wages

Emergency Management:Salaries and WagesOther Expenses

Uniform Fire Safety Act:Salaries and WagesOther ExpensesElevator Inspection OlEFirst Aid Organization Contribution

Salaries and WagesSTREETS AND ROADSRoad Repairs and Maintenance:Salaries and WagesOther ExpensesGasoline

SANITATION:Garbage and Trash RemovalSewer System:Other Expenses

Bergen County Utilities Authority Service Charge

UNEMPLOYMENT COMP INSURANCEOther Expense

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

Administration of Public Assistance :Salaries and WagesOther Expenses

.,

1,010,580.0050,000.00

10,000.001,000.00

3,000.00

2,500.00

125.0050.00

4,500.00900.00

5,000.0010,000.0010,000.00

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

06-21MAY 05 2009


2006-000022-REV1


06-22J ANUARY 4, 2006

UfILITIES:Gas, Electric and WaterTelephoneWaterStreet lighting

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

Senior Citizens: Other ExpensesLibrary

STATUfORY EXPENDITURES:Consolidated Police and Firemen's Pension FundPolice & Firemen's Retiremen t System of New JerseySocial Security (OASI)PERS

MUNICIPAL COURTSalaries and WagesOther Expenses

DRUG & ALCOHOL ALLIANCE GRANTLocal Match

SENIOR CITIZEN BUS TRANSPORTATION

TOTAL GENERAL APPROPRIATIONS

DEBT SERVICE

Payment ofBond PrincipalInterest on BondsIntere st on Notes

TOTAL DEBT SERVICE

15,000.0010,000.001,000.00

30,000.00

10,000.0010,000.005,000.00

97,728.00

12,928.00296,000.00

20,000.00: 25,000.00

10,000.002,000.00

10,000.002,500.00

10,000.00

$2,630,015.00

850,000 .00182,181.0061,500.00

$1,093,681.00

ON A MOTION BY PLAWKER, SECONDED BY MANOLIO, RESOLUfION 05-08WAS OFFERED FOR ADOPTION:


MAY 05 2009


2006-000023-REV1


06-23JANUARY 4, 2006

RESOLUTION 05-08

RE: FIX RATE OF INTEREST FOR LATE PAYMENT OF TAXES

WHEREAS, in accordance with the provisions of NJ.S.A. 54:4-67 as amended, the governing bodyof each municipality may, hy 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 hereby fix the rate of 8% (eight percent) 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 received after the expiration of the graceperiod shall bear interest from the due date:

This resolution shall take effect immediately.

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


TITLE: AUTHORIZE SIGNATORIES TO SIGN PAYROLL CHECKS

RESOLUTION 06-09

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 of Englewood 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 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.

MAY 05 2009


2006-000024-REV1


06-24JANUARY 4, 2006

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; and

WHEREAS, in order to effectuate such purpose it is necessary to authorize the signing ofpayroll checks for the payroll period immedia tely 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.

MAYOR PARISI ASKED THE COUNCIL MEM BERS IF TIrnY HAD ANY REMARKSTHEY WISHED TO MAKE.

Councilwoman Norton thanked everyone for their support in her re-election.

Councilwoman Drimones wished everyone a healthy and happy New Year . She thanke d all fortheir support in the last election.

Councilman Manolio congratulated Coun cilwomen Drimones and Norton on the ir re-election.He wished everyone a safe and Happy New Year.

Councilman Perin thanked the appointees for volunteering their time. He mows the volunteershare the vision ofMayor Parisi Sr. and now Mayor Parisi Jr.

Counc ilman Kasoff also congra tulated Councilwomen Drimones and Norton . He wished all aHappy and healthy New Year.

Counc ilman Plawker noted the smooth transition of democracy after the unfortunate death ofMayor Parisi Sr. This was a team effort. He wished everyone a healthy and happy New Year.

Mr. Corriston recalled , 39 years ago, how former Mayor Stagnitti feared for the Borough with theelection of Democrats . How wron g couId anyone be.

Mr. Favaro noted that 37 years the Democratic team was in place and is still in place just withdifferent people.

Mayor Parisi invited everyone to the Assembly Restaurant for refreshmen ts. The Mayor thankedeveryone for their support.

MAY 05 2009


2006-000025-REV1


06-25JANUARY 4, 2006

ON A MOTION BY MANOLIO, SECONDED BY NORTON, THE REORGANIZATIONMEETING WAS ADJOURNED AT 6:58 P.M.. CARRIED.

ATTEST:

JOSEPH FAVARO, BOROUGH CLERK

APPROVED :

J OSEPH C. PARISI JR, MAYOR

"

MAY 05 2009


2006-000026-REV1


06-26

BOROUGH OF ENGLEWOOD CLIFFSBERGEN COUNTY, NEW JERSEY

MINUTES OF THE CAUCUS MEETING OF JANUARY 18, 2006




ALSO PRESENT:

Borough AttorneyBorough EngineerCaptain of PoliceSup!. of Public Works


Joseph C. Parisi, Jr.DanPlawkerThomas ManolioPatricia DrimonesJerry Kasoff .Lynn NortonPatrick Perin"

E. Carter Corriston, Esq.Bernard MarandiMartin BarrettRodney Biallco

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.

VOUCHERS WERE SIGNED BY THE FINANCE COMMI1TEE.

MINUTES OF THE: Caucus Meetin g of December 21, 2005 and Regular Meeting of December21,2005 were placed on the Regular Agenda for approval .

MAY 05 2009


2006-000027-REV1


06-27Ja nuary 18, 2006

THE FOLLOWING REPORTS WERE PLACED ON THE RE GULAR AGENDA FORAPPROVAL.

Police Report of December, 2005Court report of December, 2005Construction Code Official's Report of December, 2005Collector/Treasurer's Report of November, 2005

THE FOLLOWING RESOLUTIONS WERE PLACED ON THE REGULAR AGENDAFOR APPROVAL :

06-1706-1906-2006-2106-2206-2306-25

Cancellation of2005 Budge t AppropriationsDonation to ECPD from the Montammy FundVoiding ofPolice TestModification ofUS 9W ProjectParticipating in Paris GrantCancellation ofChecks from Current and other AccountsEstimate #1, 2005 Road Improvement Project

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

2006-01 Amend Chapter VII, Parking, Floyd Street

APPOINTMENTS : Mayor Parisi recommended Marc Saperstein, Esq., who is currently MunicipalProsecutor, be appointed Municipal Judge, due to the resignation of Judge Bonnie Mizdol. TheMayor also recommended Matth ew Fierro be appointed Municipal Prosecutor to replace Mr.Saperstein. Resolutions regarding both appointments were placed on the agenda for the regularmeeting for approval.

NEW BUSINESS:

Resolution 06-26 Restricting Borough' s right to eminent domain was placed on the regular agendafor approval.

Councilwoman Norton asked the counc il to consider the position of recreation consultant to helpcoordinate recreation activities. She suggested paying the person on a per diem basis until the actualneed is assessed. Ms. Norton agreed to bring the matter up during new business at the regularmeeting.

Councilman Plawker requested the council to consider the creation of an acting zoning official toassist the building department. He suggested Arthur Goldstein be appointed to the position.

MAY 05 2009


2006-000028-REV1


06-28January 18, 2006

Mr. Plawker agreed to sugges t the appointment under new business at the regular meeting. It wasagreed that the Municipal Attorney should look into clarification of the job description per the Statestatute .

Councilwoman Drimones would like the Borough to look into billing for transportation service byEnglewood Cliffs ambulance.

Council discussed the possibility of creating an Englewood Cliffs smoking ban ordinance for allpublic properties. The Municipal Attorney will draft an ordinance for future consideration.

The council discussed amending the width and overall coverage for circular drivew ays.

Mayor Parisi suggested the council recognize the upcoming 100" birthday of Frances Taras, residentof Englewoo d Cliffs.

ADJOURN:

On a motion by Manolio, seconded by Norton, the meeting was adjourned at 7:40 p.m. Carried.

ATTEST:

DEBORAH FEHREDEPUTY MUNICIPAL CLERK

APPROVED:

JOSEPH C. PARISI JR., MAYOR

MAY 05 2009


2006-000029-REV1




MINUTES OF THE REGULAR MEETING OF JANUARY 18, 2006




ALSO PRESENT:

Municipal AttorneyMunicipal EngineerCaptain of PoliceSuperintendent DPW

Joseph C. Parisi Jr.llanPlawkerThomas ManolioPatricia DrimonesJerry KasoffLynn NortonPatrick Perin

E. Carter Coniston, Esq.Bernard MarandiMartin BarrettRodney Bialk6,

FLAG SALUTE LEAD BY COUNCIL PRESIDENT, ILAN PLAWKER


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


2006-000030-REV1


06-30JANUARY 18, 2006

Mayor Parisi suspended the order of regular business so that Council may approve the followingappointments by resolution;

On a motion by Manolio, seconded by Drimones, the following resolution was offered for adoption;

RESOLUTION 06-18

RE: APPOINTMENT OF MUNIClPAL JUDGE

BE IT RESOLVED by the Mayor and Council of the Borough of Englewood Cliffs thatMarc C. Saperstein is hereby appoint ed to the posit ion of Municipal Judge in the Borough ofEnglewood Cliffs .

The term of office is to be for the current unexpired term, vacated by Judge BonnieMizdol, ending December 31, 2006.

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

Mayor Parisi administered the oath of office to Marc C. Saperstein.,

On a motion by Plawker, seconded by Manolio, the following resolution was offered for adoption;

RESOLUTION 06-24

RE: APPOINT BOROUGH PROSECUTOR FOR 2006

WHEREAS, it is necessary for the Borough of Englewood Cliffs to engage the services of aBorough Prosecutor for the year 2006 to provide Legal services which are necessary for theoperation of the Municipal Court of said Borough; and

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

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

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

The Borough Prosecutor for the year 2006 is hereby designated as Matthew Fier ro; and

MAY 05 2009


2006-000031-REV1


06-31JANUARY 18, 2006

This contract is awarded without public bidding as professional services under the Local ContractsLaw by virtue ofN.J.S.A.40A:11-7 which specifically exempts such contracts from the requirementsof public bidding.

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

ROLL CALL:AYE S: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton, Perin

Mayor Parisi adnlinistered the oath of office to Matthew Fierro.

MINUTES OF THE FOLLOWING MEETINGS WERE ACCEPTED AS PRESENTED ONA MOTION BY MANOLIO, SECONDED BY DRIMONE~,.ANDCARRIED.

Caucus Meeting of December 21, 2005Regular Meeting of December 21, 2005

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

Police Report of December, 2005Court Report of December, 2005Construction Code Officials Repo rt of December, 2005Collector Treasurer 's Report of No vember, 2005

CLAIMS:

On a motion by Norton, seconded by Manolio, the Claims for the month of January, 2006 wereordered paid.

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

RESOLUTIONS:

MAYOR PARlSl STATED:"IF ANYONE WISHE S TO COMMENT ON ANY RESOLUTION TO BE ACTED ON rmsEVENING, THEY MAY DO SO AT TIDS TIME."

On a motion by Manolio, seconded by Plawker, the meeting was opened to the public for commentregarding the resolutions listed on the agenda.

Mrs . Sank asked for clarification regarding resolutions 06-21, 06-22, and 06-25.

On a motion by Plawker, seconded by Norton the public comment on resolutions was closed.

MAY 05 2009


2006-000032-REV1


06-33JANUARY 18, 2006

On a motion by Manolio, seconded by Drimones, Resolution 06-20 was offered for adoption:

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

RESOLUT I ON 06-20

WHEREAS, a test for an additional pol ice officer was given on October 18 , 2005;and

WHEREAS, a question has arisen in regard to the procedures to the applicationprocess; and

WHEREAS, the Mayor and Council has determined that it would be in the b estinterest of everyone concerned that the te st be voided and th e application funds berefunded to all ap plicants;

NOW, THEREFO RE, B E IT R E SOLVED that the Mayor and Counci l formallyvoids the test given on October 18, 2005 an d furthermore authorizes the return of allmonies to al l applicants in regard to th e application process.

On a motion by M anolio, seconded by Drimones, Re solution 06-21 was offered for adoption:

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

RESOL UTION 06-21

WHEREAS, the New Jersey Department of Transportation has completed improvementsto U.S. Route 9W; and

WHEREAS, the New Jersey Department ofTransportation has advised the Borough ofEnglewood Cliffs that an additional modification is to be made as part ofthis project; and

WHEREAS, the New Jersey Department ofTransportation requires a resolution ofsupport for this additional item of modification;

NOW, THEREFORE BE IT RESOLVED by the Borough of Englewood Cliffs that ithereby supports the modification to the project on U.S. 9W as follows;

• There shall be no left turn out of the Bally Fitness Center onto U.S. Route 9W.

MAY 05 2009


2006-000033-REV1


06-34JANUARY 18, 2006



RESOLUTION 2006-22

RE: LOCAL GOVERNMENT COMMITTING TO PARTICIPATING IN PARIS GRANT

WHEREAS , the County of Bergen has agreed to apply for a PARIS Grant not to exceedthe amount of $2,000,000; and

WHEREAS, the County of Bergen is acknowledging and accepting the responsibility ofacting as applicant for this grant; and

WHEREAS, the Borough of Englewood cliffs is acknowledging and accepting theresponsibility for participating in this County Shared Services Demonstration grant; and

WHEREAS, THE State ofNew Jersey has made PARIS grants availab le to assist countyand municipal governments in their records management, preservation and storage efforts; and

WHEREAS, the purpose of this grant is to conduct a needs assessment for recordsstorage;

NOW, THEREFORE, BE IT RESOLVED by the Borough of Englewood Cliffs that theBorough of Englewood Cliffs does support and commit to participation in the PARIS CountyShred Services Demonstration grant for the purpose cited above.


ROLL CALL:AYES:

TITLE:

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

RESOLUTION 06-23

CANCEL CHECKS FROM BOROUGH OF ENGLEW OOD CLIFFSCURRENT AND OTHER ACCOUNTS

WHEREAS, stop payments or voids have been placed on checks in various accounts forpast years in the amount of$41,801.39; and

WHEREAS, every attempt has been made to clear these items;

NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Boroughof Englewood Cliffs that these items be canceled.

MAY 05 2009


2006-000034-REV1


06-35JANUARY 18,2006

Current AccountPayroll AccountDevelopers EscrowRegular TrustCap ital

CHECK IN THE AMOUNT O F$ 1,802.34$26,132.93$10,296.20$ 753.50$ 2,816.42

Detailed list available in the office of the Tax Collector.



RESOLUTION 06-25

TITLE: ESTIMATE #1, 2005 ROAD IMPROVEMENT PROJECT

WHEREAS, Boswell McClave Engineering has recommended that EstimateCertificate # I in the amount of $220,194.73 be paid; and

NOW, THEREFORE, BE IT RESOLVED , that the Mayor and Council of theBorough of Englewood Cliffs, does hereby approve the payment of$220,194.73 toA.J.M. Contractors, Inc. for work completed on the 2005 Road Improvement Project.

CO UNCILWOMAN NORTON INTRODUCED AN ORDINANCE ENTITLED:

ORD!N '.CE INTRODUCTION

ORDINANCE 2006-01

AN ORDINANCE AMENDING CHAPTER vn,SECTION 7-3 ENTITLED "PARKING"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

Norton moved the ordinance be given its first reading. So ordered.The Municipal Clerk read the said ordinance by title. Norton moved the ordinancebe adopted on first reading and published in the Press Journal on January 26, 2006.The public hearing to be held on February IS, 2006. Motion was seconded by Manolio .The ordinance was approved at the first reading upon the call of the roll.

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

MAY 05 2009


2006-000035-REV1


06-32JANUARY 18, 2006



RESOLUTION 06-17

RE: CANCELLATION OF 2005 BUDGET APPROPRIATIONS

WHEREAS, balances exist in various 2005 budget account(s) at present ; and

WHEREAS, it has been deemed by the ChiefFinancial Officer that these balances areencumbered; and

,WHEREAS, 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 Boroughof Englewood Cliffs, that the following 2005 appropriations are hereby canceled to fund balance:

Celebration of Public eventsSewer Charge, Boro of Tenafly

Total Cancellation

$ 1,000.00$ 5,786 .87

$ 6,786.87


ROLL CALL:AYES :

TITLE:


RESOLUTION 06-19

ACC EPT DONATION TO ENGLE WOOD CLIFFS POLICE DEPT.

WHEREAS, The Montammy Fund 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 Englewood Cliffs Police Department Trust Fund;

NOW, THEREFORE,

BE IT RESOLVED that the Englewood Cliffs Mayor and Council does hereby acceptthe generous donation of The Montammy Fund.

MAY 05 2009


2006-000036-REV1


06-36JANUARY 18, 2006

COMMITTE E REPORTS:

COUNCILMAN KASOFF: Legal, Transportation, Clean Communities

Councilman Ka soff reported that th4e senior citizen taxi service was extremely successful in the year2005.

He also noted the passage of expanded eminent domain rights by the US Supreme Court . He askedcouncil to pass resolution 06-26 authorizing Municipal Attorney, E. Carter Corriston, to draft anordinance for Englewood Cliffs, restricting the Borough's right to eminent domain .

00 a motion by Kasoff, seconded by Norton, Re solution 06-26 was offered for adoption:

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

RESOL UTION 06-26

WHEREAS, the Borou gh of Englewood Cliffs is desirous of establishing an Ordinancerestricting the Borough 's right to exe rcise the poser of eminent domain in order to pro tect therights of its citizens;

NOW, THEREFORE, BE IT RESOLYED, that E. Carter Corriston, MunicipalAttorney, is authorized to draw a draft ordinance for review by the Council in regard toestablishing certain restrictions concerning the Borough 's right to eminent domain.

On a motion by Plawker, seconded by Manolio, the meeting was opened to the public for commenton resolution 06-26. Carried.

Res ident Joseph Cioffi asked for the definition of restricted. E. Carter Corriston, Municipal Attorneyexplained that land would only be take n for public good and not private development.

On a motion by Plawker, seconded by Norton, the public comment was closed.

COMMITTEE REPORTS:

COUNC ILMAN PERIN: Sanitation, Lighting

Counci lman Perin reported that there were no complaints regarding sanitation and lighting.

COUNCILWOMAN NORTON: Fire, Finance, Recreation, Community Events

Councilwoman Norton reported that basketball and indoor socce r are active and doing well.Registration for little league is scheduled -for January 21,2006. Residents will save $10.00 if theyregister on the internet.

MAY 05 2009


2006-000037-REV1


06-3 7J ANUARY 18,2006

Ms. Norton attended her first Fire Department meeting and first Mutual Aid meeting. The FireDepartment had men on standby during today's water emergency.

Ms. Norton announced that the budget proces s is beginning.

Councilwoman Norton put forth a motion asking the council to consider the creation of a recreationconsultant to facilitate the coordination of the many recreation programs. Councilman Manolioseconded the motion. All six council members present were in favor. An appointment will follow at afuture meeting.

COUNCILMAN PLAWKER: Police, Historical , Economic Deve lopment

Council President Plawker announced that Captain Gallagher completed 37 years on the force, aswell as Lt. Cioffi who has completed 22 years, and Sgt. Rice has comp leted 19 years .

.,Mr. Plawker requested that the Municipal Attorney E. Carter Corriston draftan ordinance to prohibitsmoking on public prope rty in Englewood Cliffs.

COUNCILWOMAN DRIMONES: Ambulance Corps, Beautification, Planning Board

Coun cilwoman Drimones stated that the Planning board held their re-organizati on meting on January12, 2006. Arthur Goldstein was elected Chairman. Frank Sorrentino was elected the Vice Cbairman.

Summer Camp brochures will be mailed early this year. Early registrants for the extended day carewill receive a discount.

Ms. Drimo nes put forth a mot ion asking the council to consider billing for the utilization of theEnglewood Cliffs Ambulance when used for transport ation. Councihnan Manolio seconded themotion. All six members present were in favor.

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

Councilman Manolio reported that the Board of Adjustment held their reorganization meeting onJanuary 9, 2006. Michael Marinuzzi is the Chairman. Ralph Slater is the Vice Chairman. Theapplic ation Equinox withdrew. Appli cations for 94 Rob erts and Commerce Bank were continued tothe next meeting. .

REPORT OF BOROUGH ATTORNEY:No Report.

REPORT OF BOROUGH ENGINEER:2005 Road Program punch list is comp lete. Items on the list will be addressed.

REPORT OF POLICE:Captain Barrett announced that since the delivery of a letter from Police Chief Whiting to residents,suspicious persons reports have increased significantly.

MAY 05 2009


2006-000038-REV1


06-38JANUARY 18,2006

NEW BUSINESS:

Council President Plawker put forth a motion asking the council to create the position of ActingZoning Officer. He recommended Arthur Goldstein for the position. He noted that MunicipalAttorney E. Carter Corriston will present a proper job description to the council per the New JerseyState Statute for the position of Zoning Officer at a future meeting. Councilman Perin seconded themotion . Five of six members present were in favor. Councilwoman Norton abstained.

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

Ms. Sank what subject was discussed in closed session. There was no closed session.

Resident Raj of 135 Hollywood Ave commented that she did not care for the style of the new homesbeing constructed in the north end of Englewood Cliffs. After much discussion, Arthur Goldstein,Chairman of the Planning Board explained that to change th~ allowable dimensions of homes inEnglewood Cliffs would render the existing homes non-conforming.

Resident Geyer commented on what appears to be small side yards in the south end EnglewoodCliffs. He also thanked the Borough for the courtesy that was extended to his family members whilethey resided in Englewood Cliffs after being displaced by hurricane Katrina in New Orleans.

o

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

On a motion by Manolio, seconded by Perin, the meeting was adjourned at 9:06, p.m.

ATTEST :

Deborah L. Fehre, Deputy Municipal Clerk

APPROVED:

J OSEPH C. PARISI JR., MAYOR

MAY 05 2009


2006-000039-REV1


06-39


MINUTES OF THE CAUCUS MEETING OF FEBRUARY 15, 2006




ALSO PRESENT:

Borough AttorneyBorough EngineerPolice CaptainSup!. of Public Works


Joseph C. Parisi, Jr.llanPlawkerThomas ManolioPatricia DrimonesJerry KasoffLynn Norton, .Patrick Perin

Kevin Corriston, Esq.Bernard MirandiMartin BarrattRodney Bialko


VOUCHERS WERE SIGNED BY THE FINANCE COMMITIEE.

MINUTES OF THE: Re-Organization Meeting ofJanuary 4, 2006; Caucus Meeting of January 18,2006; and Regular Meeting of January 18, 2006 were placed on the Regular Agenda for approval.

MAY 05 2009


2006-000040-REV1


.,

06-40FEBRUARY 15, 2006

On a motion by Manolio, seconded by Kasoff, resolution 06-32 was offered for adoption:Carried.

RESOLUTION 06-32RE: CLOSED SES SION

WHEREAS, N.J.S.A. 10:4-12 allows for a public body to go into closed 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 certain matters which are exempted from the public,

NOW, THEREFORE BE IT RESOLVED, that the Mayer 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 - SOULVIS v. EN GLEWOOD CLIFFS

P ERSONNEL - VAC - LOSAP

The closed session commenced at 6:35 p.m. and open session resumed at 7:05 p.m.

THE FOLLOWING REPORTS WERE PLACED ON THE REGULAR AGENDA FORAPPROVAL .

Police Report of January, 2006Court report of January, 2006Construction Code Official's Report of January, 2006Collector/Treasurer's Report of December, 2005Shade Tree End ofYear Report

ACTION TAKEN ON THE FOLLOWING COMMUNICATIONS:

Phyllis Breen: Van Nostrand Avenue - Lancaster Development

Mr. Mirandi , Municipal Engineer reported that he, Mr. Goldstein, Mr. Bialko and hisinspector visited the area. Test results are expected on the curbing. Some curbs had already hereplaced because of cracking. The contractor has to address some other problems such as theponding at one end of the property. The contractor will comply and make sure all problems havebeen addressed hefore the performance hond is released.

BIDS: Portable Asphalt Zipper Machine

One bid was received for the Portable Aspha lt Zipper Machine. The bid was from Asp halt Zipper,Inc. of Pleasant Grove Utah, in the amount of $82,950.00

MAY 05 2009


2006-000041-REV1


OMIFEBRUARY 15,2006

On a motion by Manolio, seconded by Kasoff, resolution 06-30, awarding the bid to Asphalt Zipper,Inc., was placed on the regular agenda for approval. Carried.

THE FOLLOWING RESOLUTIONS WERE PLACED ON THE REGULAR AGENDAFOR APPROVAL :

06-27 2006 MEL Employment Practices Loss Control Program06-28 Appoint Junior Fire Fighter, Erin Dooly06-29 Deferred School Tax06-30 Award Bid for Portable Asphalt Zipper Machine

THE FOLLOWING ORDINANCES WERE PLACED ON THE REGULAR AGENDA FORINTRODUCTION:

2006-022006-032006-042006-062006-07

Establish Zoning OfficerSigns, Delete Section 19-14(c)No Smoking on Public PropertyCircular DrivewaysAmend Bond Ordinance 2005-0I ..Resolution 2006-31, Temporary Budget Amendment

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

2006-01

APPOINTMENTS:

Amend Chapter Vll, Parking, Floyd Street

Mayor Parisi will appoint Micbael Rosenberg to the Board of Health to complete the term ofDr. Perin; Lizette Duffy will be appointed as Youth Coordinator in the Recreation Department.

NEW BUSINESS:

Councilwoman Norton asked the Police Department to investigate those residents who areparking in the Fire Zone at the Upper School. This is a very dangerous precedent.

Councilwoman Norton announced there would be special budget workshop on Saturday,March 4, 2006 at 9:00 a.m.

Mayor Parisi announced that the Senior Citizens will be having a 100"' Birthday Party forFrances Tarras on March 4, 2006.

MAY 05 2009


2006-000042-REV1


06-42FEBRUARY 15, 2006

ADJOURN:

On a motion by Manolio, seconded by Norton, the meeting was adjourned at 7:45 p.m. Carried.

ATTEST:

JOSEPH FAVARO, MUNlCIPAL CLERK

APPROVED:

JOSEPH C. PARtSI JR., MAYOR

MAY 05 2009


2006-000043-REV1


06-43


MINUTES OF THE REGULAR MEETING OF FEBRUARY 15,2006



MayorCouncil PresidentCouncilmanCouncilwomanCouncilmanCouncilwom anCouncilman

ALSO PRESENT :

Municipal AttorneyMunicip al Engine erPolice CaptainSuperintendent DPW

Joseph C. Parisi Jr.llan PlawkerThomas ManolioPatricia DrimonesJerry KasoffLynn Norton, .Patrick Perin

Kevin Corriston, Esq.Bernard MirandiMartin BarrettRodney Bialko



ADEQ UATE NOTICE OF TIllS MEETING WAS GWEN TO THE PRESS AND PO STED 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 THECOMP LETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.

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

Re-Organization Meet ing ofJanuary 4, 2006Caucus Meeting of January I8, 2006Regular Meeting ofJanuary 18, 2006

MAY 05 2009


2006-000044-REV1


06-44FEBRUARY 15, 2006

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

Police Report of January, 2006Court Report of January, 2006Construction Code Officials Report ofJanuary, 2006Collector Treasurer's Report of December, 2005Shade Tree End of Year Report

CLAlMS:

On a motion by Norton, seconded by Manolio, the Claims for the month of February, 2006 wereordered paid.

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

MAY 05 2009


2006-000045-REV1


06-45FEBRUARY 15,2006

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 Manolio , seconded by Drimones, Resolution 06-27 was offered for adoption:

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

RESOLUTION 06-27

WHEREAS, it is the policy of Englewood Cliffs Mayor and Council to treat employeesand prospective employees in a manner consistent with all applicable employment Jaws andregulations including, but not limited to Title VII of the Civil Rights Act of 1964, as amended bythe Equal Opportunity Act of 1972, tbe Age Discrimination in Employment Act, the Equal Payfor Equal Work Act, the Fair Labor Standards Act, the New Jersey Law Against Discrimination,the Americans with Disabilities Act, the Family and Medical Leave Act, the ConscientiousEmployee Protection Act, the Public Employee Occupational Safety and Health Act, (the NewJersey Civil Service Act,) (the New Jersey Attorney General's guidelines with respect to PoliceDepartment personnel matters.) the New Jersey Workers Compensation Act, the FederalConsolidated Omnibus Budget Reconciliation Act (COBRA) and the Open Public Meeting Act;and

WHEREAS, the Borough has determined that there is a need for personnel policies andprocedures to ensure that employees and prospective employees are treated in a mannerconsistent with these laws and regulations.

NOW, THEREBY, BE IT RESOLVED by the Borough that the Personnel Policies andProcedures Manual attached hereto is hereby adopted.

BE IT FURTHER RESOLVED that these personnel policies and procedures shallapply to all Borough officials, appointees, employees, volunteers and independent contractors. Inthe event there is a conflict between these rules and any collective bargaining agreement,personnel services contract or Federal or State law, the terms and conditions of that contract orlaw shall prevail. In all other cases, these policies and procedures shall prevail.

BE IT FURTHER RESOLVED that this manual is intended to provide guidelinescovering public service by Borough employees and is not a contract. The provisions of thismanual may be amended and supplemented from time to time without notice and at the solediscretion of the Mayor and Council.

BE IT FURTHER RESOLVED that to the maximum extent permitted by law,employment practices for the Borough shall operate under the legal doctrine known as"employment at will. "

MAY 05 2009


2006-000046-REV1


06-46FEBRUARY 15,2006

BE IT FURTHER RESOLVED that E. Carter Corriston, Esq. is hereby appointed asEmployment Attorney to advise the Borough in personnel matters.

BE IT FURTHER RESOLVED that the Mayor and all managerial/supervisorypersonnel are responsible for these employment practices. The Administrator and theEmployment Attorney shall assist the Mayor in the implementation of the policies and proceduresin this manual.

On a motion by Perin, seconded by Drimones, Resolution 06-28 was offered for adoption:

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

"RESOLUTION 06-28

RE: APPOINT JUNIOR VOLUNTEER FIREMAN

WHEREAS, the Englewood Cliffs Volunteer Fire Department has recommended theappointment of Erin R, Dooly as a Junior active 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 Erin R, Dooly as an active Juniormember of the Englewood Cliffs Volunteer Fire Department.


ROLL CALL:AYES:

TITLE:


RESOLUTION 06-29

AUTHORIZING INCREASE IN DEFERRED SCHOOL TAXESFOR LOCAL SCHOOL TAXES

WHEREAS, the Division of Local Govemment 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 the best interest of the Borough at this time;

MAY 05 2009


2006-000047-REV1


06-47FEBRUARY 15, 2006

NOW, THEREFORE BE IT RESOLVED by the Governing Body that the followingDeferred School Taxes be hereby increased for the year ended December 31, 2005 as follows:

Deferred LocalSchool Taxes

Amount Deferred 12131104Amount Deferred 12/3 1105

$3,756,293.004,044,383.00

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

On a motion by Plawker, seconded by Manolio, Resolution 06-30 was offered for adoption:

ROLL CALL:AYES: Plawker, Manolio, Drirnones, Kasoff, Parisi, Norton, Perin

RESOLUTION 06-30 ..

RE: AWARD BID - ASPHALT ZIPPER

WHEREAS, the Borough of Englewood Cliffs has received bids for the purchase of one(1) Portable AsphaltlRecycling/Base StabilizerlTrenching Machine with Tandem Axle TransportTrailer; and

WHEREAS, the bids have been reviewed by the Superintendent of Public Works and theMunicipal Attorney; and

WHEREAS, the Mayor and Council are desirous of awarding the contract to the bidderproviding the lowest cost to the Borough; and

WHEREAS, Asphalt Zipper IDC., has provided the lowest total cost in the amount of$82,950.00 and is the lowest responsible bidder for the Portable AsphaltlRecyclinglBaseStabilizerlTrenching Machine with Tandem Axle Transport Trailer; and

WHEREAS, it is the recommendatioo of the Superintendent of Public Works that thecontract be awarded to Asphalt Zipper, IDC.;

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council does herebyaward the contract for the Portable AsphaltlRecycling/Base StabilizerlTrenching Machine withTandem Axle Transport Trailer to Asphalt Zipper, IDC., 310 West 700 South, Pleasant Grove, UT84062, in the amount of $82,950.00 and that the Borough Attorney is hereby authorized anddirected to prepare the appropriate agreement therefor.

MAY 05 2009


2006-000048-REV1


06-48FEBRUARY 15, 2006

ORDlNANCE IlURODUCTION

COUNCILMAN MANOLIO INTRODUCED AN ORDINANCE ENTITLED:

ORDINANCE 2006-02

AN ORDINANCE TO AMEND AND SUPPLEMENTORDINANCE 9502, ESTABLISHING THE OFFICE

OF ZONING OFFICER, AS THE ENFORCEMENT OFP.L. - 1795, CHAPTER 291, OF THE BOROUGH OF

ENGLEWOOD CLIFFS, COUNTY OF BERGEN,STATE OF NEW JERSEY

.,Councilman Manolio moved the ordinance be given its first readin g. So ordered.

The Municipal Clerk read the said ordinance by title. Mr. Manolio moved the ordinancebe adopted on first reading and publi shed in the Press Journal on February 23, 2006 .

The public hearing to be held on march 15, 2006. Motion was seconded by CouncilwomanDrimones.

The ordinance was approved at the first reading upon the call of the roll .


COUNCILMAN PLAWKER INTRODUCED AN ORDINANCE ENTITLED:

ORDINANCE 2006-03

AN ORDINANCE AMENDING CHAPTER XIX OF THEBOROUGH ORDINANCES ENTITLED "SIGNS, BILLBOARDS

AND OUTDOOR ADVERTISING" OF THE REVISEDGENERAL ORDINANCES OF ENGLEWOOD CLIFFS,

SPECIFICALLY DELETING SECTION 19-14(c)

Councilman Plawker moved the ordinance be given its first reading. So ordered.

Th e Municipal Clerk read the said ordinance by title. Mr. Plawker moved the ordinancebe adopted on first reading and published in the Press Journ al on February 23, 2006 .

The public hearing to be held on March 15, 2006. Motion was seconded by Councilman Manolio.

The ordinance was approved at the first reading upon the call of the roll.

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

MAY 05 2009


2006-000049-REV1


06-49FEBRUARY 15, 2006


ORDINANCE 2006-04

AN ORDINANCE TO PROHIBIT TIlE USE OF TOBACCOPRODUCTS WITHIN PUBLIC PARKS, PLAYGROUNDS,

BALLFIELDS, SCHOOL GROUNDS, MUNICIPALBUILDINGS, DEPARTMENT OF PUBLIC WORKS

BUILDINGS, AMBULANCE CORPS BUILDINGS ANDFIRE DEPARTMENT BUILDINGS AND SURROUNDING

PUBLIC PROPERTY IN THE BOROUGH OF ENGLEWOODCLIFFS, COUNTY OF BERGEN, STATE OF NEW JERSEY

Counc ilman Plawker moved the ordinance be given its first reading. So ordered.

The Muni cipal Clerk read the said ordinance by title . Mr.Plawker moved the ordinancebe adopted on first reading and publi shed in the Press Journal on February 23, 2006.

The public hearing to be held on March 15,2006. Motion was seconded by Councilwoman Norton.


AYES:•

Plaw ker, Manolio, Drimones, Kasoff, Parisi, Norton, Perin


ORDINANCE 2006-06

AN ORDINANCE TO AMEND AND SUPPLEMENTCHAPTER XXX, ENTITLED " ZONING ORDINANCE"

OF THE GENERAL ORDINANCES AND REVISEDCODE OF TIlE BOROUGH OF ENGLEWOOD CLIFFS,

SPECIFICALLY SECTION 30-5 ENTITLED"USE REGULATIONS".

Councihnan 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 readin g and publ ished in the Press Journal on February 23, 2006.

111e public hearing to be held on March 15, 2006 Motion was seconded by CouncilwomanDrimones.


AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, No rton, Perin

MAY 05 2009


2006-000050-REV1


06-50FEBRUARY 15,2006


ORDINANCE 2006-07

AN ORDINANCE OF THE BOROUGH OF ENGLEWOOD CLffFSIN THE COUNTY OF BERGEN, NEW JERSEY, AMENDING

ORDINANCE 2005-01 OF THE BOROUGH FINALLY ADOPTEDON FEBRUARY 16, 2005, PROVIDING FOR THE ACQillSm ONOF PROPERTY LOC ATED AT 482 HUDSON TERRACE IN THEBOROUGH OF ENGLEWOOD CLIFFS AND APPROPRIATING

$2,200,000 THEREFOR, AND AUTHORIZING $2,090,000 IN BONDSOR NOTES OF THE BOROUGH OF ENGLEW00D CLIFFS TO

FINANCE THE SAME.

Councilman Manolio moved the ordinance be given its first reading . So ordered.

The Munic ipal Clerk read the said ordinance by title. Mr. Manolio moved the ordinancebe adopted on first reading and published in the Press Journal on February 23, 2006 .

The public hearing to be held on March 15, 2006 Motion was seconded by Councilwoman Norton.



ORDINANCES: PUBLIC HEARING AND ADOPTION

COUNCILMAN PLAWKER CALLED UP FOR SECOND READING ANORDINANCE ENTITLED:

ORDINANCE 2006-01

AN ORDINANCE AMENDING CHAPTER vn, SECTION 7-3 ENTITLED "PARKING"SPECIFICALLY SUBSECTION 7-3.5, SCHEDULE ill - NO PARKING, STOPPING ORSTANDING OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OFENGLEWOOD CLffFS, 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. Councilman Plawker moved a public hearing be held on theordinance. So ordered. 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 allinterested parties would now be given opportunity to be heard for or against the adoption of theordinance.

MAY 05 2009


2006-000051-REV1


06-51FEBRUARY 15, 2006

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

Councilman Manolio 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.

ROLLCALL:AYES : Plawker, Manolio, Drimones, Kasoff, Pari si, N orton, Perin

ORDINANCE NO. 2006-111

AN ORDINANC E AMENDING 'CHAPTER vn,SECTION 7-3 ENTITLED "PARKING"SPECIFICALLY SUBSECTION 7-3.5,

SCHEDULE ill - NO PARKING, STOPPING OR STANDINGOF THE REVISED GENERAL ORDINANCES 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, thatCbapter VII, Schedule III - No Parking, Stopping or Standing shall be amended to include thefollowing:

7-3.5 No Parking, Stopping or Standing Prohibited during Certain Hours onCertain Streets. No person shall park, stop or stand a vehicle between the hours specified inSchedule III of any day (except Sundays and public holidays) upon any of the streets or parts ofstreets described in Schedule III attached to and made a part of this chapter.

SCHEDULE ID

NO PARKING, STOPPING OR STANDING

In accordance 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

Floyd Street Both At any time.Al l days

MAY 05 2009


2006-000052-REV1


06-52FEBRUARY 15. 2006

Location

Beginning at a point which is the NIW comer of Floyd Street and running the followingcourses and distances:

I) South 30 degrees, 27 minutes and 12 seconds West, 11 2 feet to a point along thewesterly side of Floyd Street ; thence

2) South 59 degrees, 32 minu tes and 48 seconds East, 60 feet to a point on the easterlyside ofFloyd Street; thence

3) North 30 degrees, 27 minutes and 12 seconds East, 30 feet to a point which is on theeast side of Floyd Street and the south tangent of a curve; thence .

4) Along a curve to the left, with a RADIUS of 43 feet and an ARC distance of 83.58feet and a DELTA of 111.221 degrees and a chord distance of 70.6 feet to a point; thence

5) Along the easterly side of a ten foot path North 30 degrees, 27 minutes and 12seconds east 82.07 feet to the NIW terminus of said ten foot path; thence

6) Along the north terminu s of the ten foot path North 40 degrees, 14 minutes and 20seconds west 10.60 feet to a point which is the northwest comer of said ten foot path; thence,

7) Along the west side of said ten foot path South 30 degrees, 27 minutes and 12 secondswest 74.32 feet to the north terminus of Floyd Street; thence

8) Along the northerly terminus of Floyd Street North 59 degrees, 32 minutes and 48seconds West 60 feet to the point and place of beginning.

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 ordinanc e 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 art thereof, other than the part held so unconstitutional or invalid. ordinance shall takeeffec t upon final adoption and publication accord ing to law.

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

MAY 05 2009


2006-000053-REV1


06-63FEBRUARY 15 2006

APPOINTMENTS:

Mayor Parisi stated the following:

With the advice and consent of Council, I hereby appoint Dr. Michael Rosenberg as a member of theBoard ofHealth to complete the term ofDr. Patrick Perin.


With the advice and consent of Council , I hereby appoint Lisette Duffy as Youth Coordinator in theRecreation Department.

ROLL CALL: .'AYES : Plawker, Manolio, Drimones, Kasoff, Norton, Perin

COMMITTEE REPORTS :

COUNCILMAN KASOFF: Legal, Transportation.Clean Communities

Councilman Kasoff congratulated Mr. Bialko and the members of the DPW for the greatsnow removal job they did during the blizzard last week.

COUNCILMAN PERIN: Sanitation, Lighting

Councilman Perin reported that he received no complaints about garbage collection duringthe past month.

COUNCILWOMAN NORTON: Fire, Finance , Recreation, Community Events

Councilwoman Norton reported that the basketball program has reached the midway point.The soccer program has been extended one week because of the snowstorm.The Little League Clinic and Softball Clinic have been scheduled for March.

A budget workshop has been scheduled for March 4"' at 9:00 a.m.

COUNCILMAN PLAWKER: Police, Historical, Economic Development

The Police Department has received a grant to outfit the Communications Vehicle .

The Police Committee has recommended that a Public Safety Director be hired.

The Borough Attorney was authorized to draft an ordinance establishing the position on amotion by Plawker, seconded by Manolio and Carried.

MAY 05 2009


2006-000054-REV1


06-64FEBRUARY 15, 2006

COUNCILWOMAN DRIMONES: Ambulance Corps, Beautificatio n, Planning Board

TIle Planning Board will not be meeting until February ir:

COUNCILMAN MANOLIO: DPW, Building & Grounds, Recycling, Bd. OfAdj.

The Board ofAdjustment granted a height variance on Floyd Street.

Councilman Manolio thanked the DPW for the terrific job they did during the snowstorm.

REPORT OF BOROUGH ATTORNEY: No report

REPORT OF BOROUGH ENGINEER :

Mr. Mirandi is preparing a punch list for the 2005 Road Program.

PUBLIC WORKS: No Report

POLICE DEPARTMENT:

Chief Whi ting attended the Seniors Meeting where he introduced a New Key Program.Senior citizens will give the Po lice Dep artment a key to their homes so they can gain entry in case ofan emergency.

There have been no burglaries since the police sent out a mailing asking residents to reportanything suspicious to the police department.

Lt. Oceak has reported back to work after his illness.

Patrolman Colon is home from the hospital but he still needs platlets.

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

Dr. Stiber asked about the circu lar driveway ordinance.

Dr. Sank asked what the closed session was about.

On a motion by Plawker, seconded by Kasoff, the public portion of the meeting was closed. Carried.

On a motion by Manolio, seconded by Norton, the meeting was adjourned at 8:25 p.m.

MAY 05 2009


2006-000055-REV1


06-65FEBRUARY 15, 2006

ATIEST:

JOSEPH FAVARO, MUNIClPAL CLERK

APPROVED:


"

MAY 05 2009


2006-000056-REV1


06-66


MINUTES OF THE CAUCUS MEETING OF MARCH 15, 2006



MayorCouncil PresidentCouncilmanCnunci lwomanCouncilmanCouncilwomanCouncilman

ALSO PRESENT:

Borough AttorneyBorough EngineerSupt. of Public Works


Joseph C. Parisi, Jr.nan PlawkerThomas ManolioPatricia Drimon esJerry KasoffLynn NortonPatrick Perin , .

E. Carter Corriston, Esq.Bernard MirandiRodney 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."Thi s 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 the completion of typing andproo freading by the Municipal Clerk.

MAY 05 2009


2006-000057-REV1


06-67MARCH 15, 2006

On a motion by Manolio, seconded by Perin, Resolution 06-39 was offered for adoption.

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

RESOLUTION 06-39RE: CLOSED SESSION

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:

PERSONNEL

TAX APPEALS, PENDING LITIGATION

Closed session began at 6:35 p.m. and ended at 7: I S p.m .

VOUCHERS WERE SIGNED BY THE FINANCE COMMITTEE.

MINUTES OF THE: Caucus Meeting of February IS, 2006 and Regular Meeting of February 15,2006 were placed on the Regular Agenda for approval.

THE FOLLOWING REPORTS WERE PLACED ON THE REGULAR AGENDA FORAPPROVAL.

Police Report of February, 2006Court report of February, 2006Construction Code Official's Report of February, 2006Collector/Treasurer's Report of January, 2005

THE FOLLOWING RESOLUTIONS WERE PLACED ON THE REGULAR AGENDAFOR APPROVAL:

06-33 Appoint Fire Fighter, Anatoly Gliberman06-34 Transfer ofFunds06-35 Raffle License, Sisters ofSt. Joseph ofPeace06-36 Accept Donationto ECPD from 200 Club06-37 LOSAP06-38 Retirement of Lt. Frank Oceak

MAY 05 2009


2006-000058-REV1


05-68MARCH 15, 2006


2006-052006-082006-092006-10

Storm Water Control OrdinanceAmend Tree Preservation OrdinanceAmend Chapter 2-13.1, Police DepartmentAmend Chapter XXX, Eminent Domain

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

2006-022006-032006-042006-062006 -07

Establish Zoning OfficerSigns, Delete Section 19-14(c)No Smoking on Puhlic PropertyCircular DrivewaysBond Ordinance, Amending Ordinance 2005-0I

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

ATTEST :

JOSEPH FAVARO, MUNICIPAL CLERK

APPROVED:

JOSEPH C. PARlSI JR, MAYOR

MAY 05 2009


2006-000059-REV1


06-69


MINUTES OF THE REGULAR MEETING OF MARCH 15, 2006




ALSO PRESENT:

MunicipalJ\ttorneyMunicipal EngineerSuperintendent DPW

FLAG SALUTE LEAD BY:

MJ\YOR PARISI STATED:

Joseph C. Parisi Jr.Ilan PlawkerThomas ManolioPatricia DrimonesJerry KasoffLynn Norton .Patrick Perni'

E. Carter Corriston, Esq .Bern ard MirandiRodney Bial,ko

J\DEQUJ\TE NOTICE OF rms MEETING WJ\S GIVEN TO THE PRESS J\ND POSTED J\SREQUIRED . DJ\TE J\ND TIME OF rms MEETING WJ\S LEGJ\LLY GIVEN J\S REQUIREDBY THE "OPEN PUBLIC MEETINGS J\CT."rms NOTICE IS ON FILE WITH THE MUNICIPJ\L CLERK J\ND POSTED ON THEBULLETIN BOJ\RD.MINUTES OF rats MEETING WILL BE MJ\DE J\VAILJ\BLE TO THE PUBLIC UPON THECOMPLETION OF TYPING J\ND PROOFREJ\DING BY THE MUNICIPJ\L CLERK.


Caucus Meeting of February 15, 2006Regular Meeting ofFebruary 15, 2006


Police Report ofFebruary, 2006Court Report of February, 2006Construction Code Officials Report of February, 2006Collector Treasurer's Report of January, 2005

56 738 1-1 1

MAY 05 2009


2006-000060-REV1


06-70MARCH 15, 2006

CLAIMS:

On a motion by Norton, seconded by Manolio, the Claims for the month of March, 2006 wereordered paid.

Ayes:

567381-1


2

MAY 05 2009


2006-000061-REV1


06-71MARCH 15, 2006

RESOLUTIONS:

MAYO R PARISI STATED:" IF ANYONE WISHES TO COMMENT ON ANY RESOLUTION TO BE ACTED ON TIllSEVENlNG, THEY MAY DO SO ATTHlS TIME."

On a motion by PIawker, seconded by Norton, Resolution 06-33 was offered for adoption:

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

RESOLUTION 06-33

RE: APPOINT JUNIOR VOLUNTEER FIREMAN

WHEREAS, the Englewood Cliffs Vo lunteer Fire Department has recommended theappointment of Anatoly Gliherman as an active 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 Anatoly Gliberman as an activemember of the Englewood Cliffs Volunteer Fire Department.


ROLL CALL:AYES: PJawker, Manolio, Drimones, Kasoff, Norton, Perin

RESOLUTION 2006-34

RE: TRANSFER OF FUNDS BETWEEN 2005 BUDGET APPROPIUATIONS

BE IT RESOLVED by the Mayor and Council of the Borough of Englewood Cliffs that thefollowing transfers between the 2005 Budget appropriations be made:

FROM:

Social Security, FICA 83000

Legal 87675

Planning Board OlE 88000

TOTAL 818,675

5673 81-1 3

TO:

Police OlE 83508

Fire OlE 80067

Fire Hydrant 84163

Public Buildings OlE 85962

MAY 05 2009


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Senior Citizens OlE

TelephoneWaterMunicipal Court SfW

TOTAL

$1738

$2995$0002$0240

$18.675


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

RESOLUTION 2006-35

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

WHEREAS, the GUILD FOR SISTERS OF ST. JOSEPH OF PEACE has appliedfor an On-Premise raffle license; and

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

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

NOW, THEREFORE, BE IT

RESOLVED, tbat the Mayor and Council of the Borough of Englewood Cliffs doeshereby approve the issuance of an ON PREMISE 50/50 raffle license to the GUILD FORSISTERS OF ST. J OSEPH OF PEACE.

BE IT FURTHER RESOLVED that raffle will be conducted on SEPTEMBER 14,2006, from 1:00 P.M. TO 2:30 P.M. at St. MICHAEL VILLA, 399 HUDSON TERRACE inthe Borough of Englewood Cliffs.

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On a motion by Manolio, seconded by Plawker, Resolution 06-36 was offered for adoption:

ROLL CALL:AYES:

TITLE:

Plawker, Manolio, Drimones, Kasoff Norton, Perin

RESOLUTION 06-36

ACCEPT DONATION TO ENGLEWOOD CLIFFS POLICE DEPT.

WHEREAS, The 200 Club has donated $900.00 to the Englewood Cliffs PoliceDepartment; and

WHEREAS, a check in the amount of $900.00 has been received by the Borough andhas been deposited in the Englewood Cliffs Police Department Trust Fund;

NOW, THEREFORE,

BE IT RESOLVED that the Englewood Cliffs Mayor and Counci l does hereby acceptthe generous donation ofThe 200 Club.

On a motion by Plawker, seconded by Norton, Resolution 06-37 was offered for adoption:

ROLL CALL:AYES:ABSTAIN:

Plawker, Kasoff, Norton, PerinManolio, Drimones

RESOLUTION 06-37

WHEREAS, the Borough of Englewood Cliffs has previously provided by OrdinanceNo . 2000-08 for contributions to be made pursuant to LOSAP; and

WHEREAS, at the present time these contributions are $1,150.00 per eligible member;and

WHEREAS, the Mayor and Counci l is desirous of increasing these payments based uponthe increase ofthe Consume r Price Index for the year 2005, thereafter increasing the payments to$1,365.090, and the payments for the year 2006 shall be based upon any increase in theConsumer Price Index for the year 2006, over the year 2005.

NOW, THEREFORE, BE IT RESOLVED that the payments the municipality shallmake for all eligible memb ers of LOSAP shall be $1,365.00 for the year 2005 .

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On a motion by Plawker, seconded by Manolio, resolution 06-38 was offered for adoption.


RESOLUTION 06-38

RE: RETIREMENT OF LT. FRANK OCEAK

WHEREAS, Lt. Frank Oceak has applied for retirement from the Englewood Cliffs PoliceDepartment as of March 31, 2006; and

WHEREAS, The Mayor and Council of the Borough of Englewood Cliffs desires toreach an agreement with Lt. Frank Oceak concerning his retirement and accumulatedcompensation; .,

NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Boroughof Englewood Cliffs that the retirement of Lt. Frank Oceak effective as of March 31,2006, be andis bereby accepted; and be it further

..RESOLVED that Lt. Frank Oceak shall be entitled to the following compensation in

keeping with past practices regarding retirement from the Englewood Cliffs Police Department:

1. 3 Months Terminal leave;2. Accumulated sick pay for 150 days;3. Any unused vacation time.

AND BE IT FURTHER

RESOLVED, tbat the Chief Financial Officer shall determine the total payment due Lt.Frank Oceak, and how tbe payments to Lt. Frank Oceak are to be made.

~JRDl1NAN(GE INrrRQDlJCTlON


ORDINANCE 2006-05

AN ORDINANCE OF THE BOROUGH OF ENGLEWOOD CLIFFSPROVIDING FOR THE ADOPTION OF BEST MANAGEMENT

PRACTICES FOR THE MANAGEMENT OF STORMWATER ANDPROVIDING FOR DESIGN AND PERFORMANCE STANDARDS

FOR STORMWATER MANAGEMENT PLANS.

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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 March 23, 2006.

The public hearing to be held on April 19, 2006 Motion was seconded by Ms. Drimones.



COUNCILMAN PLAWKER iNTRODUCED AN ORDiNANCE ENTITLED:

ORDINANCE IN'fR()DlJCTION

ORDiNANCE 2006-08 '

AN ORDiN ANCE AMENDiNG CHAPTER XXX,ZONiNGSECTION 30-22 ENTITLED "TREE PRESERVATION

AND REMOVAL FOR RESIDENTiAL LOTS" SPEClFlCALLYSUB-SECTIONS 30-22.9 AND 30-22.10 OF THE BOROUGH

OF ENGLEWOOD CLiFFS, COUNTY OF BERGEN,STATE OF 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 publ ished in the Press Journal on March 23, 2006.

The public hearing to be held on April 19, 2006. Motion was seconded by Mr. Perin.


AYES:

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Plawker, Manolio, Drimones , Kasoff, Norton, Perin

7

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ORDIN ANCE 2006-09

AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 2-13.1 ET SEQ.ENTITLED "POLICE DEPARTMENT" OF THE GENERAL ORDINANCE

AND REVISED CODE OF THE BOROUGH OF ENGLEWOOD CLIFFSAND ESTABLISHING THE POSITION OF DIRECTOR OF PUBLIC SAFETY


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 March 23, 2006 .

,The public hearing to be held on April 19,2006 Mot ion was seconded by Mr. Manolio .



COUNCILWOMAN DRIMONES INTRODUCED AN ORDINANCE ENTITLED:

ORDINANCE 2006-10

AN ORDINANC E TO AMEND THE CODE OF THE BOROUGH OFENGLEWOOD CLIFFS BY ADDING TO CHAPTER xxx, SECTION30-19 TO BE ENTITLED "EMINENT DOMAIN", WHICH PROVIDES

TO RESTRICT THE BOROUGH'S EXERCISE OF THE TAKINGSPOWER UNDER EMINENT DOMAIN

Ms. Drimones moved the ordinance be given its first reading . So ordered.

The Munic ipal Clerk read the said ordinance by title. Ms. Drimones moved the ordinancebe adopted on first reading and published in the Press Journal on March 23, 2006.

The public hearing to be held on April 19, 2006 Motion was seconded by xxxxxxxx.


AYES:

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Plawker, Mano lio, Drimones, Kasoff, Norton, Perin

8

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COUNCILWOMAN NORTON CALLED UP FOR SECOND READING AN ORDINANCEENTITLED:

ORDINANCE 2006-02

The clerk presented affidavit ofpublication, showing that advertisement had been made according tolaw, which was ordered filed. Ms. Norton moved a public hearing be held on the ordinance. Soordered. Ms. Norton 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.

.-After ample opportunity had been given and no one responding Ms. Drimones moved the hearing beclosed. So ordered.

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

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

ORDINANCE 2006-02

AN ORDINANCE TO AMEND AND SUPPLEMENT ORDINANCE 9502,ESTABLISHING THE OFFICE OF ZONING OFFICER,

AS THE ENFORCEMENT OF P.L.-1795,CHAPTER 291, OF THE BOROUGH OF ENGLEWOOD CLIFFS,

COUNTY OF BERGEN, STATE OF NEW JERSEY

BE IT ORDAINED by the Mayor and Council of the Borough of Englewood Cliffs,County of Bergen, State of New Jersey that Chapter XXX, et seq. entitled "ZONINGORDINANCE" of the General Ordinances and Revised Code of the Borough of EnglewoodCliffs, is amended and supplemented herein as follows:

Section 30-12.1B

1. There is hereby created in and for the Borough of Englewood Cliffs, the position ofZoning Officer. The Zoning Official's term of office shall be for one ( I) year, beginning onJanuary 1" of that year and shall continue to serve until such time as his successor is qualified forsaid position.

2. The Zoning Officer shall be compensated pursuant to the Englewood CliffsSalary Ordinance adopted by the Borough.

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3. The Zoning Officer shall be charged with the enforcement of the ZoningOrdinances of the Borough of Englewood Cliffs as set forth in the provisions of Chapter 291,Pub lic Law 1975.

4. The Zoning Officer 's duties shall include, but not be limited to, the enforcementand interpretation of the Zoning Ordinances and the inspection of properties within the Boroughof Englewood Cliffs for the existence of violation s and shall be empowered to issue summonsesto the owners or occupants of the property to cea se and desist for such vio lations of the ZoningOrdinances which may be found and if those actions shall fail, may file a Compliant in MunicipalCourt for violation of the Ordinances pursuant to the Zoning Ordinances of the Borough ofEnglewood Cli ffs.

5. The Zoning Officer shall further consult with the Municipal Attorney and theGoverning Body as to whether further action should be taken .for an injunction or extraordinaryrelief for violation of said Ordinances. "

6. The Zoning Officer shall further issue a permi t prior to the Construction offic ialissuing any Construction Permit, including a Demolition Permit. Said application for a ZoningPermi t shall be available at the Office of the Zoning Offic er,

7. The charge for said Zoning Permit shall be $~OO ,OO.

PENALTIES FOR VIOLATION OF THE ZONING ORD INANCES:

The Zoning Officer shall be charged with the enforcement of the Zoning Ordinances andany summonses which may be issued and subject to the penalties as set forth in Chap ter XXX,Section 30-13.

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 chap ter arehereby repealed to the extent of such inconsistency, and

BE IT FURTHER ORDAINED that should any part or provision of this Ordinance beheld unconstitutional or inval id, such decision shall not affect the validity of this Ordinance as awhole or any part thereof, other than the part held so unconstitutional or invalid .


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COUNClLMAN MANOLIO CALLED UP FOR SECOND READING AN ORDINANCEENTITLED:

ORDINANCE 2006-03

The clerk presented affidavit of publication, showing that advertisement had been made according tolaw, which was ordered filed. Mr. Manolio moved a public hearing be beld on the ordinance. Soordered. Mr. Manolio 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.

After ample opportunity had been given and no one responding Ms.Drimones moved the hearing beclosed. So ordered.

Mr. Manolio 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.

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

ORDINANC E 2000-03

AN ORDINANCE AMENDIN G CHAPTER XIX OF THE BOROUGHORDINANCES ENTITL ED "SIGNS, BlLLBOARDS AND OUTDOOR ADVERTISING"

OF THE REVISED GENERAL ORDINANCES OF EN GLEWOOD CLIFFS,SPECIFICALLY DELETING SECTION 19-14(c)

WHEREAS, it appe ars that Section 19-14(c) of Chapter XIX is unnecessary andnot applicabl e to residential zones;

NOW THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough ofEnglewood Cliffs tbat Section 19-14(c) be and hereby shall be deleted; and

BE IT FURTHER ORDAINED that this Ordinance shall become effec tive uponadopti on and publication in accordance with law, and

BE IT FURTHER ORDAINED that all ordinances or parts of ordinanc es other than thezoning ordinan ce 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, sucb decision shall not affect the validity of this Ordinance as a wholeor any art thereof, other than the part held so unconstitut ional or invalid.


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COUNCILMAN PLAWKER CALLED UP FOR SECOND READING AN ORDINANCEENTITLED:

ORDINANCE 2006-04

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.

After ample opportunity had been 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. Perin and adopted upon a call of the roll.


I

ORDINANCE 200~-04

AN ORDINANCE TO PROHIBIT THE USE OF TOBACCO PRODUCTSWITHIN PUBLIC PARKS , PLAYGROUNDS, BALL FIELDS, SCHOOL GROUNDS,

MUNICIPAL BUILDINGS, DEPARTMENT OF PUBLIC WORK S BUILDINGSAMBULANCE CORPS BUILDINGS AND FIRE DEPARTMENT BUILDINGS

AND SURROUNDING PUBLIC PROPERTY IN THE BOROUGH OF ENGLEWOODCLIFFS COUNTY OF BERGEN, STATE OF NEW JERSEY

WHEREAS, the Surgeon General of the United State has determined:

A. Cigarette smoking has been causally linked to lung cancer, arteriosclerosis andcoronary heart disease, chronic obstructive pulmonary disease and otherconditions that constitute a wide array of serious health consequences; and

B. Smoking and smokeless tobacco use are "almost always initiated and establishedin adolescence, " typically by age 16; and

C. Active smoking by young people is associated with significant health problemsduring childhood and adolescence and with increased risk factors for healthproblems in adulthood.("Preventing Tobacco Use Among Young People: A Report of the SurgeonGeneral", issued in 1994); and

WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs finds that it isin the public interest to enact ordinances that will discourage children from the temptations ofexperimenting with cigarettes and other tobacco products; and

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WHEREAS, the Mayor aod Council of the Borough of Englewood Cliffs believes thatchildren are extremely impressionable aod by all accounts attempt to emulate the action s aodhabits of adults; aod

WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs believes that itis in the public interest and more specifically the health and welfare interests of children andadolescents to prohibit the smoking of cigarettes and use of tobacco products within the publicplaces where children are likely to congregate, gather, play and/or engage in athleticcompe titions; aod

WHEREAS, it is the intention of the Mayor aod Council of the Borough of EnglewoodCliffs to work in collaboration with parents aod youth in our community in reinforcing themessage of the ills of tobacco, and in providing additional meaos by which parents maydiscourage aod youths may reject tobacco use; aod

WHEREAS, smoking or carrying lighted tobacco may be prohibited by tbe owner orperson responsible for operating aoy public place or by Municipal Ordinaoce under authority ofNJ.S.A. 40:48-1 et seg. aod N.J.S.A. 2C:33-l 3b; aod

WHEREAS the Mayor and Council ofthe Borough of Englewood Cliffs has determinedthat public parks, playgrounds, ballfields, school grounds aod public buildings surrounding publicproperty are public places where children congregate, gather; play aod/or engage in athleticcompetitions; aod '

WHEREAS, it is the intent of the Mayor aod Council of the Borough of EnglewoodCliffs to prohibit the smoking of cigarettes and use of tobacco products within public parks,playgrounds, ballfields, school grounds and public buildings surrounding public property; and

WHEREAS, it is the intent of the Mayor aod Council of the Borough of EnglewoodCliffs to refer to these areas as "Englewood Cliffs Smoke Free Kids Zones"; aod

WHEREAS, the Mayor aod Council of the Borough of Englewood Cliffs seeks toprovide a legal meaos for offic ial intervention to discourage the use of tobacco products by ourcitizens; and

NOW THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough ofEnglewood Cliffs, Bergen County, New Jersey, as follows:

I. Prohibition Against Smoking of Cigarettes and Use of Tobacco ProductsSmoking of cigarettes aod use of tobacco products within public parks, playgrounds,ballfields, school grounds aod public buildings surrounding public property shall beprohibi ted within the Borough of Englewood Cliffs.

2. Definitionsa) Public parks, playgrounds aod ballfields shall meao aoy place or area within theBorough upon which the public is invited or upon which the public is permitted aodwhere children gather for recreational activities, but shall not include the parking lotsassoc iated with those places.

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b) School grounds shall mean any grounds upon which a school is located exceptingparking lots.

c) Public buildings and surrounding property shall mean any public buildings, includingthe municipal buildings, Ambulance Corps buildings, Department of Public Worksbuildings, Fire Department buildings and any other buildings and any propertysurrounding said buildings, except those areas designated by the Mayo r and Council bysigns permittin g smoking.

3. PenaltiesAny person who has been found to have violated this Ordinance shall be subject to thefollowing:

a) For a first offense, issuance ofa written warning and an explanation of thepurpose of this Ordinance; .,

b) For a second offense, the issuance of a written warning and the requirement thatthe offender participate in community service projects as determined by theHea lth Officer of the Borough of Englewood Cliffs in the amount of up to ten(10) hours;

I

c) For a third offense, a fine of up to one hundnid dollars ($100) and therequirement that the offender participate at his or her own expense in aneducational program determined by the Health Officer of the Borough ofEnglewood Cliffs concerning the dangers of smoking and tobacco use.

I. REPEAL OF CONFLICTING ORDINANCES

Any Ordinances of the Borough of Englewood Cliffs which are in conflict with thisOrdinance are hereby repealed to the extent of such conflict.

II SEVERABILITY

If any part of this Ordinance shall be deemed invalid, such parts shall be severed and theinvalidity thereof shall not affect the remaining parts of this Ordinance.

ill EFFECTIVE DATE

This Ordinance shall become effective upon adoption and publicati on in accordanc e withlaw.

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COUNCILMAN MANOLIO CALLED UP FOR SECOND READING AN ORDINANCEENTITLED:

ORDINANCE 2006-06

The clerk presented affidavit ofpublication, showing that advertisement had been made according tolaw, which was ordered filed. Mr. Manolio moved a public hearing be held on the ordinance. Soordered. Mr. Manolio 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.

After ample opportunity bad been given and no one responding Mr. Plawker moved the hearing beclosed. So ordered.

Mr. Manolio moved the ordinance be adopted on second reading and fmal passage, which motionwas seconded by Mr. Perin and adopted upon a call of the roll.


ORDINANCE 2006-06 .'

AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER XXX,ENTITLED "ZONING ORDINANCE" OF THE GENERAL ORDINANCESAND REVISED CODE OF THE BOROUGH OF ENGLEWOOD CLlFFS,

SPEClFICALLY SECTION 30-5 ENTITLED "USE REGULATIONS".

BE IT ORD AINED by the Mayor and Council of the Borough of Englewood Cliffs,County of Bergen, State of New Jersey that Chapter XXX, entitled "ZONING ORDINANCE" ofthe General Ordinances and Revised Code of the Borough of Englewood Cliffs, is amended andsupplemented herein as follows:

30-5.1 Permitted in R-A District (Single-Family Residential).

a. As permitted accesso ry uses:

5. Driveway access to any residential lot shall be limited to a driveway width ofno more than twelve (J 2) feet for a single vehicle driveway and to twenty-two(22) feet for a two (2) car wide driveway located in the required front yardsetback area. In tile case of a circular driveway located in the required front yardarea or in front of the front building wall of the residence, the width of thedriveway shall be limite d to ten (10) feet and not exceed 30% coverage of therequired front yard area. A circular driveway may exceed a width of ten (10) feetand up to a maximum of twelve (12) feet provided that it is constructe d of paversor other pervious materials. If this occurs, the coverage of the required front yardarea shall not exceed 35%. There shall be no paving of any other portion of the

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front or side yards except for sidewalks. It being expressly the intent of thegoverning body to prohibit paving of said areas for parking or other purposed.

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 inconsistentwith or in conflict with this ordinance are hereby repealed as to said inconsistenci es and confl ict,and

BE IT FURTHER ORDAINED that should any part or provision of this Ordinance beheld unconstitutional or invalid, such decision shall not affect the validity of this Ordinance as awhole or any part thereof, other than the part held so unconstitutional or invalid.



ORDINANCE 2006-07'

The clerk presented affidavit ofpublication, showing that advertisement had been made according tolaw, which was ordered filed. Mr. Manolio moved a public hearing be held on the ordinance. Soordered. Mr. Manolio 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.

After ample opportunity had been given and no one responding Mr. Manolio moved tile hearing beclosed. So ordered.

Mr. Manolio 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.

AYE:

567381-1

Plawker, Manolio, Drimones, Kasoff, Norton, Perin

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ORDINANCE 2006-07

AN ORDINANCE OF THE BOROUGH OF ENGLEWOODCLIFFS IN THE COUNTY OF BERGEN, NEW JERSEY,AMENDING ORDINANCE NO. 2005-01 OF THEBOROUGH FINALLY ADOPTED ON FEBRUARY 16,2005, PROVIDING FOR THE ACQillSITION OFPROPERTY LOCATED AT 482 HUDSON TERRACE INTHE BOROUGH OF ENGLEWOOD CLIFFS ANDAPPROPRIATING $2,200,000 THEREFOR, ANDAUTHORIZING $2,090,000 IN BONDS OR NOTES OFTHE BOROUGH OF ENGLEWOOD CLIFFS TOFINANCE 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), AS FOLLOWS:

Section A. Bond Ordinance No. 2005-01 of the Borough of Englewood Cliffs, in theCounty of Bergen, New Jersey, finally adopted on February \,6, 2005 (the "Prior Ordinance"), ishereby amended in full to read as follows:

Section 1. Tbe 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 money thereinstated as the appropriation made for the improvement or purpose, such sum amounting to$2,200,000 (representing an increase of $1,000,000 from the Prior Ordinance), including the sumof $110,000 (representing an increase of $50,000 from the Prior Ordinance) as the down paymentfor the improvement or purpose 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 budgets.

Section 2. In order to finance the cost of the improvement or purpose notcovered by application of the down payment or otherwise provided for hereunder, negotiablebonds are hereby authorized to be issued in the principal amount of $2,090,000 (representing anincrease of $950,000 from the Prior Ordinance) pursuant to the Local Bond Law. In anticipationof the issuance of the bonds, negotiable 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 forthe financing of which the bonds are to be issued is for the acquisition of the real property knownas 482 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 beissued for the improvement or purpose is as stated in Section 2 hereof.

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

Section 4. All bond anticipation notes issued hereunder shall mature at suchtimes as may be determined by the chief financial officer; provided that no note shall mature laterthan one year from its date. The notes shall bear interest at such rate or rates and be in such formas may be determined by the chief financial officer. The chief fmancial 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 ofthe purchaser.

Section 5. The capital budget or temporary capital budget, as applicable, ofthe Borough is hereby amended to conform with the provisions of this bond ordinance to theextent of any inconsistency herewith. In the event of any such inconsistency and amendment, tileresolution in the form promulgated by the Local Finance Board showing full detail of theamended capital budget or temporary capital budget, as applicable, and capital program asapproved 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.declared, recited and stated:

The following additional matters are hereby determined,

(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 tile costs thereof have been or shall bespecially assessed on property specially benefited thereby.

(b) The period of usefulness of tile improvement or purpose, withinthe limitations 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 BondLaw has been duly prepared and filed in the office of the Borough Clerk, and a complete executedduplicate thereof has been filed in the office of the Director of the Division of Local GovernmentServices in the Department of Communi ty Affairs of the State of New Jersey. Such statementshows that the gross debt of the Borough as defined in the Local Bond Law is increased by theauthorization of the bonds and notes provided in this bond ordinance by $2,090,000 (representingan increase of $950,000 from the Prior Ordinance) and the obligations authorized herein will bewithin all debt limitations prescribed by that Law.

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.,

06-88MARCH 15, 2006

(d) An amount not exceeding $35,000 for items of expense listed inand permitted under NJ.S.A. 40A:2-20 is included in the estimated cost indicated here in for thepurpose or improvement.

(e) The Borough reasonahly expects to commence acquisitionand/or construction of the improvement or purpose described in Section 3 hereof, and to advanceall or a portion of the costs in respec t thereof, prior to the issuance of bonds or notes hereunder.To the extent such costs are advanced, the Borough furthe r reasonably expects to reimburse suchexpenditures from the proceed s of the bonds or note s authorized by this bond ordinance, in anaggregate not to exceed the amount of bond s or notes authorized 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 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. Th e full faith and credit of the Borough is hereby pledged to thepunctual payment of the principal of and the interest on the obligations authorized by this bondordinance. The obligations shall be direct, unlimited obligations of the Borough, and theBorough shall be obligated to levy ad valorem taxes upon all the taxable real prop erty within theBorough for the payment of the obl igations and the interest thereon without limitation of rate oramount.

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 in order topreserve the tax-exempt status of the bonds and notes authorized hereunder as is or may berequired under the Internal Revenue Code of 1986, as amended , and the regulations promulgatedthereunder (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 there under.

Section 10. This Ordinance amends Bond Ordinance 2005-0 I of theBorough finally adopted February 16, 2005. To the extent that any previous ordinance orreso lution is inconsistent herewith or contradictory hereto, said ordinance or reso lution is herebyrepealed or amended to the extent necessary to make it consistent herewith.

Section 11. This bond ordinance shall take effec t 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, the BoroughClerk is hereby directed to publish a "NOTICE OF PENDING BOND ORDINANCE ANDSUMMARY" (set forth below) with appropriate completions , insertio ns and corrections, at leastonce in a newspaper qualified under N.J.S.A. 40A:2-I9 , at least seven days prior to the date setfor public hearing and furth er consideration for final passage (which date shall be at least ten daysafter introduction and first reading) . The Borough Clerk is furth er directed to comply with allprovisions ofNJ.S.A. 40A:2-17(b) regarding postings , publications, and the provision of copiesof this bond ordinance.

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06-89MARCH 15, 2006

Section C. After final adoption of this bond ordinance by the Mayor and BoroughCouncil, the Borough Clerk is hereby directed to publish a "BOND ORDINANCE STATEMENTAND SUMMARY" (set forth below) with appropriate completions, insertions and corrections, atleast once in a newspaper qualified under NJ.S.A. 40A:2-l9.

Mayor Parisi read the following proclamation:

PROCLAMATION

FRANCES TARRAS

MARCH 19,2006

WHEREAS, FRANCES TARRAS WILL BE CELEBRATING HER 100TlJBIRTHDA Y ON MARCH 19, 2006; AND

WHEREAS, THE MAYOR AND COUNCIL/WISH TOCOMMEMORATE THIS OUTSTANDING ACCOMPLISHMENT; AND

WHEREAS, FRANCIS TARRAS HAS OFFERED HER SERVICESUNSELFISHLY TO ENGLE WOOD CLIFFS FOR MANY YEARS AS;

A FOUNDER OF THE ENGLEWOOD CLIFFS DEMOCRATIC CLUB;

A FOUNDER OF THE ENGLE WOOD CLIFFS SENIORS CLUB;

A 40 YEAR MEMBER OF THE ENGLEWOOD CLIFFS AMBULANCECORP; AND

AN ELECTION DISTRICT ONE BOARD MEMBER FOR OVER 40YEARS;

NOW THEREFORE BE IT RESOL JlED,

THAT THE MAYOR AND COUNCIL OF THE BOROUGH OFENGLEWOOD CLIFFS AND ALL ITS RESIDENTS EXTEND THEIR BESTWISHES ON THIS AUSPICIOUS OCCASION; AND

BE IT FURTHER RESOL JlED THAT THE MA YOR AND COUNCILWISH FRANCES MAN Y YEARS OF GOOD HEALTH AND LOOK FORWARDTO HER A TTENDANCE AT THIS YEARS MEMORIAL DAY SER VICE ANDMANY MORE TO COME.

56738 1-1 20

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06-90MARCH 15, 2006

JOSEPH C. PARISI, JR., MAYORILANPLA WKER, COUNCIL PRESIDENT

THOMAS MANOLIOPATRICIA DRIMONES

JERR Y KAS OFFL YNN NOR TONPATRICK PERIN

MARCH 15, 2005

AU members of tbe Mayo r and Council congr atulated Mrs. Tarras on thi smemo rable occasion.

COMMITTEE REPORTS:

COUNCILMAN KASOFF:

No Report

COUNCILMAN PERIN:

Legal, Transportation, Clean Communities

Sanitation, Lighting ,

Two or Three Englewood Cliffs soccer teams will be competi ng in the OtterstedtIn surance Agency soccer tournament.


Opening day for Little League will be April 8.Girls Softball will be opening in Leonia.Senior Boys Baseball also opens on AprU 8.Th e fir st round of the basketball playoffs was held last week.


Mr. Plawker attend ed a shared services meeting at the Glenpoint. Th ere were over400 in attendance.


The Planning Board met twice last month. Approved a minor sub-division at 43 IrvingAvenue.The JCC project was carried to the next meeting.18 Sylvan Avenue application was continued.

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

The Application of Cingular Wireless at 140 Sylvan Ave. was Carried.Many thanks to the DPW for their successful snow removal.

567381-1 21

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06-91MARCH 15, 2006

REPORT OF BOROUGH ATTORNEY:

Mr. Corriston offered his congratulations to Mrs . Tarras on her birthday.

Mayor Parisi read a letter from former Mayor Thomas Stagnitti. Mayor Stagnitti asked that thisletter be spread upon the minutes.

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

The following residents spoke:

Fire ChiefDrimones;Ms. Sank;Mr. Glener;Mr. Cioffi;Ms. Strauss;

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

On a motion by Norton, seconded by Manolio, the meeting was adjourn ed at 8:45 p.m.

ATTEST: APPROVED:

JOSEPH FAVARO, MUNICIPAL CLERK JOSEPH C. PARlSI JR, MAYOR

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06-92


MINUTES OF THE CAUCUS MEETING OF APRIL 19, 2006



MayorCouncil PresidentCouncilmanCouncilwomanCouncilwomanCouncilman

ABSENT AT ROLL CALL:

Councilman

ALSO PRESENT:

Borough AttorneyBorough EngineerChiefofPoliceBorough Auditor


Joseph C. Parisi, Jr.n an PlawkerThomas ManolioPatricia DrimonesLynn NortonPatrick Perin ,

Jerry Kasoff

j

E. Carter Corriston, Esq .Bernard MirandiLawrence WhitingSteven Wielkotz


Mr. Wielkotz, Municipal Auditor, explained his calculations for the 2006 Budget. He stated thatthose areas over which the council has control , went down by $13,000. Contractual areas, pen sionsand health benefits went up, causing an increase of unde r 3 points. He stated that there is still time tofine tune the budget between introduction and the adoption on May 17.

Ordinance 2006-12, Ordinance to Exceed the Cap, was placed on the regular agenda for approval .

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06-93APRlL 19, 2006

VOUCHERS WERE SIGNED BY THE FINANCE COMMfITEE.

MINUTES OF THE: Caucus Meeting ofMarch IS, 2006 and Regular Meeting of March 15, 2006were placed on the Regular Agenda for approval.


Police Report of March, 2006Court report of March, 2006Construction Code Official's Report of March, 2006CollectorfTreasurer's Report of February, 2005

ACTION TAKEN ON THE FOLLOWING COMMlJNICATIONS:

Construction Official: Zoning Permit Fee

The Municipal Attorney was authorized to amend the Pemii t Fee Ordinance to change theZoning Permit fee from $500.00 to $100.00.

Construction Official: Request for salary increases for personnel

Referred to the Finance Committee

Planning Board Housing Element & Fair Share Housing Plan

Mr. Corriston has prepared a resolution, which is on the regular agenda, to accompany theHousing Element & Fair Share Housing Plan to COAH.

Shade Tree Commission Invitation to Awards Ceremony

The Mayor and Council congratulated the Borough Shade Tree Commission for receivingthis honor which will take place in Paramus. Those memher who can attend, will attend.

Planning Board Request for salary increase for Secretary

Referred to the Finance Committee.

THE FOLLOWING RE SOLUTIONS WERE PLACED ON THE REGULAR AGENDAFOR APPROVAL:

06-40 A-4063 OPRA06-41 Oppose Senate Bill S1219 and S33606-42 Dedication by Rider, Sewer Maintenance & Inspection Fees06-43 Award Bids - 2006 Tree Pruning and Removal06-44 Tonnage Grant Application06-45 AdditionlDeletion ofBus Stops06-47 Council on Affordable Housing

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06-94APRIL 19, 2006

THE FOLLOWING ORDiNANCE WERE PLACED ON THE REGULAR AGENDA FORiNTRODUCTION:

2006-112006 -132006 -14

Handicapped Parking2006 Salary OrdinanceAccept Sara Hill Lane as Dedicated Roadway

THE FOLLOWING ORDiN ANCES WERE PLACED ON THE REGULAR AGENDA FORSECOND READiNG/ PUBLIC HEARiNG.

2006-D52006-082006-092006 -10

Storm Water Control OrdinanceAmend Tree Preservation OrdinanceAmend 2-13 .1, Poli ce Department [Carried to the May 17th meeting]Amend chapter XXX, Zoning, Eminent Domain

"

RESIGNATION: Joseph Favaro, Borough Representative to Planning Board

APPOiNTMENT: Zoning Official, Arthur GoldsteinArthur Goldstein, Borough Representative to Planning BoardMayor Parisi will make these appointments at the regular meeting.

PROCLAMATIONS: The following proclamations were placed on the regular agenda .Arm enian Martyrs DayArh or DayClick It or Ticket

REPORT OF BOROUGH ATTORNEY

Mr. Corriston reported on his meeting with the Englewood Lihrary on the new contract forthis year, The amount agreed upon will be an increase ofapproximately $7,000 over last year.

NEW BUSINESS: Mayor Parisi asked the council for names to be considered for theVolunteer ofthe Year Award.

On a motion by Manolio, seconded by Drimones, resolution 06-48 was offered for adoption :

ROLLCALL:

AYES:ABSENT:

Plawker, Manolio, Drimones, Norton, PerinKasoff

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06-95APRIL 19, 2006


WHEREAS, N.J.S.A. 10:4-12 allows for a public body to go into closed 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 certain matters which are exempted from tbe public,


LITlGATION - AMBULAN CE CORPSPERSONNEL-SALARIES

The closed session began at 7:30 p.m.

On a motion by Manolio, seconded by Norton, the council went back into open session at 7:50 p.m.Carried.

ADJOURN:


ATTEST:


APPROVED:

JOSEPH C. PARtSl JR., MAYOR

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06-96


MINUTES OF THE REGULAR MEETING OF APRIL 19,2006




ALSO PRESENT:

Municipal AttorneyMunicipal EngineerChief ofPoliceBorough Auditor

Joseph C. Parisi Jr.nan PlawkerThomas ManolioPatricia DrimonesJerry KasoffLynn NortonPatrick Perin'

E. Carter Corriston, Esq.Bernard MirandiLawrence whitingSteven WieIkotz

FLAG SALUTE LEAD BY COUNCIL PRESIDENT, ILAN PLAWKER.


ADEQUATE NOTICE OF THIS 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."THIS NOTICE IS ON FILE WITH THE MUNIC IPAL 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.

On a motion by Norton, seconded by Drimones, resolution 06-46 was offered for adoption:


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06-9 7APRfi, 19, 2006

RESOLUTION 06-46

RE: M unicipal Budget of the Borough of En glewood Cliffs,County of Bergen for the Fiscal Year 2006

BE IT RESOLVED, that the following statements of revenues and appropriations shallconstitute the Municipal Budget for the year 2006;

BE IT FURTHER RESOLVED, that said Budget be published in the Record in the issueof April 29, 2006; 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 2006:

On a motion by Plawker, seconded by Norton, Ordinance 2006-12 was offered for Introduction:

CALENDAR YEAR 2006 ORDINANCE TO EXCEEDTHE MUNICIPAL BUDGET APPROPRIATION

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

.'


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 April 27, 2006.

The public hearing to be held on May 17, 2006. Motion was seconded by Ms. Norton.


ROLL CALL:AYES: Plawker, Manolio, Drirnones, Kasoff, Norton, Perin

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

Caucus Meeting of March 15,2006Regular Meeting ofMarch 15, 2006

THE FOLLOWlNG REPORTS WERE ORDERED FILED ON A MOTION BY PERIN,SECONDED BY MANOLIO, AND CARRIED.

Police Report ofMarch, 2006Court Report of March, 2006Construction Code Officials Report of March, 2006Collector Treasurer's Report of February, 2005

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CLAIMS:

On a motion by Norton, seconded by Manolio, the Claims for the month of April, 2006 were orderedpaid.

Ayes: Plawker, Manoli o, Drimones, Kasoff, Norton, Perin

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06-99APRIL 19, 2006

RES OLUTIONS:

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

On a motion by Norton, seconded by Drimones, Resolution 06-40 was offered for adoption:


RESOLUTION 2006-40

WHEREAS, A-4063 was introduced during the 2004-2005 legislative session and failed to beenacted and has subsequently died; and

WHEREAS, A-4063 exempts the municipal clerk from penalties for Open Public Records Actviolations under certain circumstances; and

WHEREAS, currently under the Open Public Records Act,' (OPRA) the municipal clerk is heldresponsible for not fulfilling the request, even when the record is in the possession of anotherofficial; and

WHEREAS, the proposed legislation would exempt the municipal clerk if it can be proven that amunicipal clerk has exercised due diligence in attempting to collect a record requested underOPRA, by documenting at least two attempts to collect the records within seven days of receivingthe request; and

WHEREAS, the municipal official in actual possession of the record will be deemed to be thecustodian of the requested record, and therefore liable for any violations, penalties or disciplinaryproceedings tbat may result from an unreasonable denial of access to the requested record; and

WHEREAS, it is the belief of the Borough Council that the official in possession of therequested record should be the one responsible for violations of the Open Public Records Act andconsidered custodian of the record; and

WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs, urges the StateAssembly to re-introduce the amendments to the Open Public Records Act as proposed in A4063; and

WHEREAS, the Mayor and Council also urges the State Senate to jo in the Assembly withcompanion legislation that would similarly amend the Open Public Records Act.

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06- 100APRIL 19, 2006

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough ofEnglewood Cliffs, County of Bergen , State ofNew Jersey, as follows :

I . That the Borough of Englewood Cli ffs, Mayor and Council supports the intent andprovisions of the proposed amendments to the Open Pub lic Records Act.

2. That the Borough Englewood Cliffs, Mayor and Council urges the reintroduction ofthis legislation during the next legislative session .

3. That the Borough of Englewood Cliffs, Mayor and Council urges the State Sena te tojoin the Assembly with companio n legislation.

BE IT FURTHER RESOLVED that the Municipal Clerk shall forward a certified copyof this Resolution to all Bergen County Municipalities, 37th Legislative Districts, New JerseyState League of Muni cipalities and State ofNew Jersey Government Records Council.,

On a motion by Manolio, seconded by P lawker, Resolution 06-41 was offered for adoption:


RESOLUTION 2006-41

OPPOSIN G SENATE BILL S1219 AND S366

WHEREAS , Senator Robert Mart in has sponsored Senate Bill 1219 concerning certainamendments to the Open Public Record s Act (OPRA) and Open Public Meetings Act (OPMA);and

WHEREAS, Senator Ellen Karcher has sponsored Senate Bill 366 concerning increasing fines forviolations of OPMA; and

WHEREAS, the Governing Body of the Borough of Englewood Cliffs strongty supports the principles andneed for openness and transparency of government and public access to governmental records; and

WHEREAS, the Governing Body of the Borough of Englewood Cliffs also strongly supports efficiency ofgovernment and the need to reduce the risk, costs and expenses of litigation; and

WHEREAS., Senate Bill 1219 increases fines and penalties for any violation of OPMA andOPRA, in conflict with NJ .S.A. 59:1-1 et seq. and is otherwise disharmonious with principles ofgood government in that it;

a. creates a conflict with the definition of meeting and may cause confusion among offi cerswho are statu torily required to be present at meetings .

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06-101APRIL 19, 2006

b. adds language, "electronic mail, instant messaging or similar technologies", which isunnecessary in light of the existing all inclusive language "or by means of communi cationequipment" pertaining to meetings.

c. changes the 48 hour notice requirement to a three business day requirement which willfrustrate the ability to have meetings because the newspapers need time to process notices.

d. provides for public comment at any meeting of any public body, with not less than fiveminutes per speaker an not less than one hour in total and is unduly burdensome.

e. requires the specification of the basis for excluding the public from executive sessionswhich may lead to confusion, added litigation and potential exposure to liability.

f.lead to

g.

regarding minutes is overly burdensome on the res01l!:ces of the munic ipality and mayincreased expenditure ofpublic funds.

provides for unilateral attorneys fees for the complainant which is unfair and has theeffect offrustrating the operation of local government. Attorney's fees should beavailable to both parties .

h. expanding the Government records council to include OPMA will further backlog analready inundated agency and prolong litigation.

I . jeopardizes validly confidential matters an puts officials in the position of having to be an

unwilling participant in the public poteq li al disclosure.

j . jeopardizes the confidentiali ty of executiv4 sessions and the purpose of the exception toOPMA

k. deletes the "knowing and willful" standard, to "substantially" standard, placing themunicipa lity and officers in risk oflitigation in conflict with NJ.S.A. 59: 1-1 et seq.

1. inappropriately provides for legal representation ("presenters") of private individuals andpayment for same with public monies .

m. regulations authorized by the new agency called the Open Government Council (OGC)would be limited in applicability and may result in inconsistent Superior Court and OGCdecisions

n. requires a quarterly review of minutes and recordings of closed session items which hasthe potential to jeopardize confidentiality.

o. takes a step back in the advancement of technological tools availahle to puhlic bodies toproperly advise the public.

p. recordation of executive sessions at which confidential matters are discussed,

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06-102APRIL 19, 2006

q. imposes additional burdens of requirements upon sub-committee meetings.

r. requires that minutes be available within five (5) business days therebycreating undohardship upon the office of the municip al clerk and limits the resources of the municipality.

s. requires local government to establish a municipal internet site which may not be feasibleand unnecessarily increases costs of municipalities; and

WHEREAS, Senate Bill 1219 continues exempt the legislative branch of State government fromthe same requirement that Senate Bill 1219 would impose on munic ipalities, counties, schooldistricts, and authorities.

WHEREAS, Senate Bill 366 changes the "knowingly violates" standard to "knowing ornegli gently violates" standard whic h is in conflict with N.J.S.A. 59: I-I et seq. and is otherwisedisharmonious with principles of good government in that it; , .

I. Increases ten fold, the fines any violations of the statute thus subjecting municipalities and theirofficers to increased costs and risk of exposure to litigation

2. provides for unilateral attorneys fees for the complainant which is unfair and has the effect offrustrating the operation of local government. Attorney's fees should be avail able to both parties.

3. inappropriately includes audio and visual recordings to minu tes, placing an undue burden onmunicipalities to make audio and visual recordings, available to the public on the same basis asminutes

NOW, THEREFORE BE IT RESOLVED by the Governing Body of the Borough of EnglewoodCliffs, County of Bergen, and State ofNew Jersey as follows:

I . That the Governing Body does hereby oppose the adoption of Senate Bill 1219

and Senate bill S366 for the reasons set forth above and for the reason that said

Bill s will not will not positively affect the public' s access to open government and

Will more likely than not have the coun ter-effect of frustrating the operation of

local governme nt.

2. Tha t a copy of this Resolu tion be forwarded to Senate State Governme nt Conunittee,Assembly members and the New Jersey State League ofMunicipalities.

On a motion by Manolio, seconded by Drimones, Resolution 0~2 was offered for adoption:

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

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06-103APRIL 19, 2006

RESOLUTION 06-42

RESOLUTION AUTHORIZING A "DEDICATION BY RIDER" TO THEBUDGET OF THE BOROUGH OF ENGLEWOOD CLIFFS DEDICATED

FOR SEWER MAINTENANCE AND INSPECTION FEESPURSUANT 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,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, such dedicated revenues shall be appropriated for the purpose to which saidrevenue is dedicated by statute or other legal requirements;

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borou ghof Englewood Cliffs, County of Bergen, New Jersey, that all revenue received by theBorough of Englewood Cliffs , be placed in a specific trust fund and such transfer shall beconsidered a "Dedication by Rider" to the budget of the' local unit , pursuant to N.J.S.A.,40A:4-39, for sole purpose stated above.

On a motion by Perin, seconded by Norton, Resolution 06-43 was offered for adoption:


RESOLUTION 06-43

RE: AWARD BID - TREE PRUNING AND REMOVAL FOR 2006

WHEREAS, the Borough of Englewood Cliffs has received bids for Tree Pruning andRemoval of Trees; and

WHEREAS, the bids have been reviewed by the Shade Tree Commission and theMunicipal Attorney; and

WHEREAS , the Mayor and Council are desirous of awarding the contract to the bidderproviding the lowest cost to the Borough; and

WHEREAS, Reliable Tree Services Inc. has provided the lowest total cost in theamount of $100 per hour and is the lowest responsible bidder for Tree Pruning and Removal; and

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06-104APRIL 19, 2006

WHEREAS, it is the recommendation of the Shade Tree Commission and MunicipalAttorney that the contract be awarded to Reliable Tree Services Inc.;

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council does herebyaward the contract for the Tree Pruning and Removal for 2006 to Reliable Tree Services Inc., 547St. Pauls Avenue, Cliffside Park, NJ 07010 in the amount of $100.00 per hour and that theBorough Attorney is hereby authorized and directed to prepare the appropriate agreementtherefor.

On a motion by Ma nolio, seconded by Drimones, Resolution 06-44 was offered for adoption:

ROLL CALL:AYES: Plawker, Manolio, Drimones, Kasoff.Norton, Perin

RESOLUTION 06-44

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 Separation 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

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06-105APRIL 19, 2006

BE IT FURTHER RESOLYED 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 Manolio, seconded by Kasoff, resolution 06-45 was offer ed for adoption.


RESOLUTION 06-45

RE: ADDINGfDELETING BUS STOPS

BE IT RESOLYED by the Mayor and Council of the Borough of Englewood Cliffs,County of Bergen, State ofNew Jersey, that pursuant to NJ.S.A. 39-4 .8(e) the followingdesignated locations are designated as bus stops:

County Road

ADDED BUS STOPS:

Along Pa lisades Avenue. eastbound. on tbe soutberlv side thereof at:

I. Floyd Street - (Far Side)Beginning at the easterly curb line of Floyd Street and extending 100 feet easterlytherefrom. (PHOTO 2); and

That pursuant to N.J.S.A. 39-4.8(e) the following described locations are deleted as busstops:

DELETED BUS STOPS:

Along Palisade Avenue. eastbound. on the southerlv side thereof at:

3. Floyd Street - (Near Side)Beginning at the westerly curb line of Floyd Street and extending 105 feet westerly

therefrom. (shelter exists) (pHOTO I); and

That the Mayor and Council of the Borough of Englewood Cliffs will enforced theneeded traffic regulations governing the aforementioned bus stop locations and provide thenecessary police security to ensure the safety of the traveling public; and

BE IT FURTHER RESOLYED that this resolution shall take effect upon the approva lof the commissioner of Transportation as provi ded by law.

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06-106APRIL 19, 2006

On a motion by Plawker, seconded by Drimones, resolution 06-47 was offered for adoption.


RES 0 L UTI 0 N 06-47

WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs has received aResolution from the Planning Board ofEuglewood Cliffs dated March 22, 2006 and

WHEREAS, the Planning Board of the Borough of Englewood Cliffs has adopted on thatdate, pursuant to NJ.S.A. 40:55D-13, the updated Housing Element and Fair Share Housing Plandated January 3I , 2006, prepared by Jason L. Kasler AlCP, PP of Kasle r Associates P.A. and

WHEREAS, they have within said Resolution adopted same and referred same to theBorough of Englewood Cliffs for endorsement and submission to the Council of AffordableHousing as part of the Petition for Substantive Certification pursuant to NJ.A.C. 5:95-3, and,

WHEREAS , the Borough of Englewood Cliffs hereby adopts said Resoluti on andendorses the Housing Element and Fair Share Housing Plan referred to therein,

..NOW THEREFORE BE IT RESOLVED that the Borough of Englewood Cliffs hereby authorizesthe appropriate authority to petition the Council on Affordable Housing for SubstantiveCertification pursuant to N.J .A.C. 5:95-3.3.

ORDINANCE INTROnUCTION


ORDINANCE 2006-11

AN ORDINANCE ESTABLISHING A RESTRICTED HANDICAPPEDPARKING SPACE AT 8 FIRST STREET,BOROUGH OF ENGLEWOOD CLIFFS



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 April 27, 2006.

The public hearing to be held on May 17, 2006. Motion was seconded by Mr. Manolio.



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ORDINANCE 2006-13

2006 SALARY ORDIN ANCE

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 Journa l on April 27, 2006.

The public hearing to be held on May 17, 2006 Motion was seconded by Ms. Norton.




ORDIN ANCE 2006-14

AN ORDINANCE AUTHORIZING THE BOROUGH OF ENGLEWOOD CLIFFSTO ACCEPT A CERTAIN RiGHT-OF-WAY KNOWN AS

SARA HILL LANE AS A DEDICATED ROADWAYIN THE BOROUGH OF ENGLEWOOD CLIFFS


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 27, 2006.

The public hearing to be held on May 17, 2006 Motion was seconded by Ms. Drimones.


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

MAY 05 2009


2006-000097-REV1


06-108APRll.. 19,2006


COUNCILMAN PERIN CALLED UP FOR SECOND READING AN ORDINANCEENTITLED:

ORDINANCE 2006-05

STORM W ATER CONTROL ORDINANCE[Complete Text in Ordinance Book)

TI,e clerk presented affidavit ofpublication, showing that advertisement had been made according tolaw, which was ordered filed. Mr. Perin moved a public hearing be held on the ordinance. Soordered. Mr. Perin 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.

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


COUNCILWOMAN NORTON CALLED UP FOR SECOND READING AN ORDINANCEENTITLED:

ORDINANCE 2006-08

The clerk presented affidavit of publication, showing that advertisement had been made according tolaw, which was ordered filed. Ms. Norton moved a public hearing be held on the ordinance. Soordered. Ms. Norton 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.

The following people spoke on the ordinance:

Ms. SankMs. Lerner, Environmental Commission Chairperson

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

MAY 05 2009


2006-000098-REV1


06-109APRIL 19, 2006

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


ORDINANCE 2006-08

AN ORDINANCE AMENDING CHAPTER XXX, ZONING,SECTION 30-22 ENTITLED "TREE PRESERVATION AND REMOVAL

FOR RESIDENTIAL LOTS"SPECIFICALLY SUB-SECTIONS

30-22.9 AND 30-22.10 .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:

30-22 TREE PRESERVATION AND REMOVAL FOR RESIDENTIAL LOTS..

30-22 .9 - Tree Replacement Plan

approving

c. Species. A deciduous or coniferous tree shall be replaced by one (I) or moretrees of the same species unless determined otherwise by the

authority.

30.22-10 - Protection of Existing Trees

b. In the event that any tree to be saved, planted or replaced in connection withthe construction as set forth above shaII die or be in serious decline duringconstruction or one ( I) year after completion of construction, it shall beremoved and replaced by the applicant or the property owners within six (6)

months or during the "first planting period" after notification.

c. For sites involving a Certificate of Occupancy (CO), alI existing trees six (6)inches and over in diameter within forty (40) feet of the new footprint shaIIbe deep-root fertilized with a bio-stimulant by a licensed arborist during thefinal landscaping. No CO shall be granted without written proof thatfertilization, as required herein has been completed.

d. Where deep-root fertilization is required and cannot be done because ofweather conditions, no CO wiII be granted until a cash guaranty bond is posted

according to the following schedule :

1-4 trees: $500; 5-9: $1,000; 10 or more: $2,000.

MAY 05 2009


2006-000099-REV1


06-110APRIL 19, 2006

Where a bond is involved, failure to deep-root fertilize as required herein,will result in tbe release of the bond money to the Shade Tree Trust Fundof Englewood Cliffs and a summons shall be issued.

f. The roots of any tree protected under this ordinance may not be cut withinfive (5) fee t of its trunk.

g. The approving authority shall have the right to enter construction sites andinspect for compliance to this section as work is in progress. This rightshall accrue not only to the approving authority, but to its enforcingofficers and other Borough Officials.

BE IT FURTHER ORDAINED that this Ordinance shall become effective uponadoption and publi cation 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 inco nsistency, and

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

Thi s ordinance shall take effect upon fmal adoption and pub lication according to law.

ORDINANCE 2006-09

On a motion by Manolio, seconded by Kasoff, Ordinance 2006-09 was carried to the mee ting ofMay17,2006.


ORDINANCE 2006-10

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

MAY 05 2009


2006-000100-REV1


06-111APRIL 19, 2006

After ample opportunity had heen given and no one responding Mr. Manolio moved the hearing heclosed. So ordered.

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



AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OFENGLEWOOD CLIFFS BY ADDING CHAPTER XXX, SECTION 30-19 TO BE

ENTITLED "EMINENT DOMAIN", WHICH PROVlm;S·TO RESTRICT THEBOROUGH'S EXERCISE OF THE TAKINGS POWER UNDER EMINE NT DOMAIN

Section 1. Findings of tbe M ayor and Council

WHEREAS, on June 23, 2005, the Supreme Court ofthe United States decid ed the caseofKalo v. City ofNew London, in which a majority of the Court determined, among othe r things,that the "public use" provision of the Uni ted States Constitut ion should be broadly interpreted toeffectuate legislative judgments as to what particular needs justify the use of the power ofeminent domain; and

WHEREAS, the result in Kalo as a plurality decision, reflecting the Court 's deepdivision on the question presented, namely, whe ther private resident ial real property may be thesubject of eminent domain in order to satisfy a public purpose such as a planned deve lopment ;and

WHEREAS, the resul t of the Kalo decision was that , where there existed a.comprehensive plan of development that is deemed to satisfy the publ ic purp ose prov ision of theConstitution, even though the "motivation" for the plan might be economic deve lopment,municipalities could use the eminent domain power to achieve the desired end as long as allparties' legal right s were established in the process; and

WHEREAS, the Kalo majori ty opinion specifically emphasized that nothing in thedecision should preclude a state from placing further restrictions on tbe takin gs power; and

WHEREAS, one of the issues faced by the Court was the appropriate line betweenpublic and private prop erty use; and

WHEREAS, under the settled law of the State ofNew Jersey, the limitl ess sovereignpower of the State may be employed to take real prope rty as may be required for public safety,necessity, convenience or welfare so long as just compensation is paid the owner, but it is for tbelegislative branch of governme nt to determine what const itutes a public use to limit that broadpower, with the result that the power is to be used in a reasonable, non-arbitrary manner, and notgreater than necessary to effectuate the public use; and

MAY 05 2009


2006-000101-REV1


06-112APRIL 19,2006

WHEREAS, the Borough of Englewood Cliffs helieves that one of the primary purposesof government is to protect the rights of owners or occupants of residential real properties andcommercial properties within the Borough against governmental takings that do not have, as theirgoal, either (a) the transfer of private property to public ownership for the creation of, forexample, a road, hospital, mili tary base or public housing or (b) the transfer of private property toprivate owners for the specific purpose of making the same available for public use (e.g., railroad,public utility, stadium or public housing).

Section 2.

BE I'I' ORDAINED by the Mayor and Council of the Borough of Englewood Cliffs,County of Bergen, and the Sate ofNew Jersey, that the Borough shall not employ the power ofeminent domain so as to deprive owner-occupie rs of residential real properties and commercialproperties of such ownership rights in the absence of a specified purpose (a) to transfer theproperty to public ownership for the creat ion of a public use, ipcluding but not limited to a road,hospital, military base, public housing , sewer, water line, sidewalk, right-of-way, flood control ,park, open space, erosion control mechani sm and the like; or (b) to transfer the property to privateowners for the specific purpose of makin g the same available for public use.

BE I'I' FURTHER ORDAINED that this Ordinance shall become effective uponadoption and publication in accordance with law, and

BE TT FURTHER ORDAINED that all ordinanc es or part s 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 provisioo 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.

RESIGNATION: The Mayor and Council accepted the resignatio n of Joseph Favaro as theBorough representative to the Planning and Zoning Board.

APPOINTMENTS:

With the advice and consent of the Borough Council, Mayor Parisi appointed Arthur Goldstein asBorough Representative to the Planning and Zoning Board.

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

MAY 05 2009


2006-000102-REV1


06-113APRIL 19, 2006

Mayor Parisi made the following appointments: [No vote necessary, Mayoral appointments]

JillRosenberg, Member of the Planning and Zoning BoardIsaac Ashwal, First Alternate on the Planning and Zoning BoardJefferson Chinman, Second Alternate on the Planning and Zoning Board

PROCLAMATIONS: Mayor Parisi announced the following Proclamations.

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 fre edom ofconscience held sacred by all 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

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 th e Borough of Englewood Cliffs , dohereby proclaim

APRIL 24, 2006and every

APRIL 24T H TO FOLLOWas

ARMENIAN MARTYRS' DAY

In the Borough of Englewood Cliffs

MAY 05 2009


2006-000103-REV1


06-114APRIL 19, 2006

PROCLAMATION

ARBOR DAY 2006

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, 2006 is the 134'" 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 Jr., Mayor of the Borough of EnglewoodCliffs, do hereby proclaim May 5, 2006 as the 134'" 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


2006-000104-REV1


06-115APRIL 19, 2006

Proclamation

Supporting the Click It or Ticket

Mobilization of May 22 - June 4, 2006

Whereas, there were 747 motor vehicle fatalities in New Jersey in 2005; and

Whereas, a large percentage of the motor vehicle occupants killed in traffic crashes were notwear ing a safety belt; and

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

Whereas, the National Highway Traffic Safety Administration estimates that 135,000 lives weresaved by safety belt usage national ly between 1975-2000; and .

Whereas, the State ofNew Jersey will participate in the nationwide Click It or Ticket safety beltmobilization from May 22 - June 4, 2006 in an effort to raise awareness and increase safety belt

j

usage through a combination of enforcement and education; and

Whereas, the Division ofHighway Traffic Safety has set a goal of increasing the safety beltusage rate in the state from the current level of 86% to 88%; 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 Council declares it' s support forthe Click It or Ticket safety belt mobilization both locally and nationally from May 22 - June 4,2006 and pledges to increase awareness of the mobilization and the benefits of safety belt use .

COMMlITEE REPORTS:


The Senior Taxi service is very successful.


No garbage complaint during the past month.

Th e indoor soccer program is over. We had to teams in the Otterstedt Cup Final.On of our teams was the division champions for the 14 and under division.

MAY 05 2009


2006-000105-REV1


06-116APRIL 19, 2006


The Winter Recreation Programs are over.

Thanks to Steve Duffy and Pat Perin who headed the Basketball and Soccer Programs.Jon Norton, is retiring as head of the Soccer Program.

Spring Programs: Little League, Softball and Senior Baseball have begun.Witte Field is in operation 7 days a week.

Many thanks to the DPW for all the work they did getting the fields in shape.The sprinklers are working and the fields are greening up.

Many thanks to all departments for their cooperation in preparing the budget.


The Witte Clinic registration will take place on April 22 at 9:30 a.m., rain or shine.

The Newsletter is progressing and should be at the printers by the end of the week.

COUNCILWOMAN DRIMONES: Ambulance Corps, B,eautification, Planning Board

Planning Board had no meeting.

Summer camp regi stration has begun. 45 children have already registered.Camp will start on June 22.

The school budget was adopted and the incumbent board members were re-elected.

COUNCILMAN MANOLIO: DPW, Building & Grounds, Recycling, Bd. OfAdj .

Board of Adjustment denied the Commerce Bank application.

The Cingular antennae application was continued.


Mr. Corriston reported that he and the Mayor met with the Englewood Library. EnglewoodCliffs has 10.6% of their circulation. They have increased our payment by $7,000 to $215,000.

Mayor Wildes took our representative, Helen Brand, off the Library Board, but promised toput her back on when the next opening occurs.

The Commerce bank depositions are continuing.

MAY 05 2009


2006-000106-REV1


06-117APRIL 19, 2006

REPORT OF BOROUGH ENGINEER:

2005 Road repaving project punchlist is being completed. Should be done by nextweek. Pavers have been ordered for those homes that had pavers removed.

CHlEF WIDTING:

Th e Chief reported that the Ambulance corps has responded to only one-third of theircalls..

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

Ms. O'Shea requested that a street be named for Robert Ostermeir, who was the first EnglewoodCliffs soldier killed in WW2.

She asked why the hallway leading to offices was locked during.the night.Copies of ordinances should be available prior to the meetings.What are the Zoning Officials hours and what is the pecking ord7r in the building department.

On a motion by Drimones, seconded by Manolio, the pUbli~ portion of the meeting was closed.Carried.

On a motion by Norton, seconded by Drimones, the meeting was adjourned at 9:05, p.m.

ATTEST:


APPROVED:

JOSEPH C. PARISI JR. , MAYOR

MAY 05 2009


2006-000107-REV1


06-118


MINUTES OF THE CAUCUS MEETING OF MAY 17, 2006




ALSO PRESENT:

Borough AttorneyBorough EngineerChief of PoliceSupt. ofPublic WorksPolice CaptainTax Appeal Attorney


Joseph C. Parisi, Jr.llan PlawkerThomas ManolioPatricia DrimonesJerry KasoffLynn Norton, .Patrick Perin

E. Carter Corriston, Esq.Bernard MirandiLawrence WhitingRodney BialkoMartin BarrettStephen MuWstock, Esq.



CLOSED SESSION:

On a motion by Manolio, seconded by Perin, the council approved r esolution 06-62

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


MAY 05 2009


2006-000108-REV1


06-119

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:

Anticipated Litigation - Tax AppealsNegotiations - Police RetirementsLitigation - Purchase of Property

Anticipated Contract Negotiation - Ambulance CorpsPersonnel - Salaries

On a motion by Manolio, seconded by Perin, the council returned to open session at 7:30 PM.

MINUTE S OF THE: Caucus Meeting of April 19,2006 and Regular Meeting of April 19, 2006were placed on the Regular Agenda for approval.


Police Report of April, 2006Court report of April, 2006Construction Code Official's Report of April, 2006Collector/Treasurer's Report of March, 2005 ,

ACTION TAKEN ON THE FOLLOWING COMMUNICATIONS:1. Borough Engineer: Est. # 3, Final payment, 2004 Road Improvement Program

Mayor and Council placed Resolution 06-52 on the agenda2. Borough Engineer: Estimate #2 2005 Road Improvement Program

Mayor and Council tabled resolution 06-533. Construction Official: Salary increases for Code Officials

Mayor and Council discussed salaries in closed session, no action taken


06-50 Remove Sidewalk, 2 Snyder Road06-52 Est. #3 Change Order #1, Final, 2004 Road Improvement Program06-54 Appoint Joseph C. Parisi III, Junior Fire Fighter06-55 Appoint Stephen Ross Norton, Fire Fighter06-56 Appoint Leslie S. Raucher, Fire Fighter06-57 Library Agreement06-58 Municipal Re-Assessment06-59 Retirement ofPolice Chief Whiting

MAY 05 2009


2006-000109-REV1


06-120

THE FOLLOWING RESOLUTION WAS NOT PLACED ON THE AGENDA FORAPPROVAL:

06-53 Est. #2, 2005 Road Improvement Program

Borough Engineer and Superintendent of Public works reported that items that were expected to becompleted were not completed at this time.

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

2006 -112006 -122006-132006-14

Handicapped ParkingExceed Cap Ordinance2006 Salary Ordinance .Accept Sara Hill Lane as dedicated Roadway

THE FOLLOWING ORDINANCE WAS NOT PLACED' ON THE REGULAR AGENDAFOR SECOND READING/ PUBLIC HEARING.

2006-09 Amend 2-13 .1, Police Department

REPORT OF BOROUGH ATTORNEY

E. Carter Corri ston reported that the library contract amount for 2006 is $215,000.00.

REPORT OF BOROUGH AUDITOR:

Steven Wielkotz reported to the council that tax bills were being held up by the State of New Jersey.The State has inserts that by law must be included with the tax bills. The county tax rate has not beenset to date. Therefore, he recommended that the council not adopt the budget at this meeting. Theyshould adopt the ordinance to exceed the cap amount and they should hold tile public hearing on tilebudget. He also noted that this gives council more time to gather addit ional information regarding themunicipal budget and to make any further reductions that may be warranted. If there are any changesto the budget at tile subsequent meeting the hearing may be reopened to address the changes.

ADJOURN:

Motion by Manolio, seconded by Norton the meeting was adjourned at 7:53 PM.

ATTEST:


APPROVED:


MAY 05 2009


2006-000110-REV1


•

MAY 05 2009


2006-000111-REV1


06-121


MINUTES OF THE RE GULAR MEETING OF MAY 17, 2006




ALSO PRESENT:

Municipal AttorneyMunicipal EngineerChief of PoliceSuperintendent DPWBorough AuditorPolice Captain


Council President Plawker


Joseph C. Parisi Jr.Dan PlawkerTho mas ManoJioPatricia DrimonesJerry KasoffLynn Norton , .Patrick Perin

E. Carter Coniston, Esq.Bernard MirandiLawrence WilritingRodney BialkoSteven WielkotzMartin Barrett

ADEQUATE NOTICE OF TIllS MEETING WAS GIVEN TO THE PRESS AND POSTED ASREQUlRED. DATE AND TIME OF THIS MEETING WAS LEGALLY GIVEN AS REQUlREDBY 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 AVAILAB LE TO THE PUBLIC UPON THECOMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.

MAY 05 2009


2006-000112-REV1


06-122

PUBLIC HEARING ON 2006 MUNICIPAL BUDGET


ORDINANCE 2006-12

The clerk presented affidavit of publication, showing that advertisement had been made according tolaw, which was ordered filed. Councilman Plawker moved a public hearing be held on theordinance. So ordered. Councilwoman Drimones moved the clerk read the ordinance by title onsecond reading. So ordered. The clerk thereupon read the ordinance by title. The mayor thenannounced that all interested parties would now be given opportunity to be heard for or against theadoption of the ordinance.

The followingpeople spoke on the ordinance:

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

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

ROLLCALL:AYES: Plawker, Manolio, Drirnones, Kasoff, Norton, Perin

ORDINANCE 2006-12

CALENDAR YEAR 2006ORDINANCE TO EXCEED THE MUNICIPAL BUDGET

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

WHEREAS, the Local Government Cap Law, N.J.S. 40A: 4-45.1 et seq., provides that in thepreparation of its annual budget, a municipality shall limit any increase in said budget to 2.5%unless authorized by ordinance to increase it to 3.5% over the previous year's final appropriations,subject to certain exceptions; and,

WHEREAS , NJ .S.A. 40A: 4-45.l5a provides that a municipality may, when authorized 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 2006 budget by up to 3.5% over the previousyear's final appropriations, in the interest of promoting the health, safety and welfare of thecitizens; and,

MAY 05 2009


2006-000113-REV1


06-123

WHEREAS, the Borough Council hereby determines that a 1.0% increase in the budget for saidyear, amounting to $73,567.38 in excess of the increase in final appropriations otherwisepermitted by the Local Government Cap Law, is advisable and necessary; and,

WHEREAS the Borough Council hereby determines that any amount authorized hereinahovethat is not appropriated as part of the final 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 County of Bergen, a majority of the full authorized membership of thisgoverning body affirmatively concurring, that, in the CY 2006 budget year, the finalappropriations of the Borough of Englewood Cliffs sball, in accordance with this ordinance andNJ.SA 40A: 4-45.14, be increased by 3.50%, amounting to $257,485.83, and that the CY 2006municipal budget for the Borough of Englewood Cliffs be approved and adopted in accordancewith this ordinance; and, .

BE IT FURTHER ORDAINED, that any that any amount authorized hereinabove that is notappropriated as part of the final budget shall be retained as an exception to fmal 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 Goverrunent Services within 5 days of introduction;,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 Councilwoman Norton, seconded by Councihnan Perin, resolution 06-5Iadoption of the Municipal Budget, was tabled to the June meeting:


On a motion by Manolio, seconded by Plawker, the meeting was opened to the public forthe purpose of conducting a public hearing on the Municipal Budget.

Angelo Mungioli asked fo r clarific ation regard ing several budgetary items. Borou ghAuditor, Steven Wielkotz and Mayor Joseph C. Pari si Jr. addressed Mr. Mungiol i' squestions.

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

Caucus Meeting of April 19, 2006Regular Meeting of April, 2006

MAY 05 2009


2006-000114-REV1


06-124

THE FOLLO WING REPORTS WERE ORDERED FILED ON A MOTION BY PLAWKER,SECONDED BY MANOLIO, AND CARRIED.

Police Report of April, 2006Court Report ofApril, 2006Construction Code Officials Report of April,2006Collector Treasurer 's Report ofMarch , 2005

CLAIMS :

On a motion by Norton, seconded by Plawker, the Claims for the month of May, 2006 were orderedpaid.

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

MAY 05 2009


2006-000115-REV1


06-125

RESOLUTIONS:

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

Angelo Mungioli asked for the retirement cost regarcling ChiefWhiting.E. Carter Corriston replied that once the retirement agreement is signed, the document willbe public.



RESOLUTION 06-50

RE: REMOVAL OF SIDEWALK, 2 SNYDER ROAD "

Ms. Vera A. Russotti, residing at 2 Snyder Road is hereby given

permiss ion to remove the sidewalk that is located in front ofher home in order

that their home will conform with her neighbors and to remove a potential hazard.,

It is to be understood that Ms. Russotti is solely responsible for the

removal of the sidewalk and the cost thereof. The Borough of Englewood Cliffs

is not responsible for any of the costs of this project.

On a motion by Manolio, seconded by Kasoff, Resolution 06-52 was offered for adoption:

ROLL CALL:AYES:

TITLE:

Plawker, Manolio, Drimones, Kasoff, Norton, Perin

RESOLUTION 06-52

ESTIMATE #3, CHANGE ORDER #1, FINAL PAYMENT2004 ROAD IMPROVEMENT PROGRAM

WHEREAS, Boswell McClave Engineering has recommended that EstimateCertificate #3, Change Order #1 in the amount of $52,760.44 be paid; and

WHEREAS, a two year maintenance bond reflecting 15% of the final contract price in theamount of$65,114.97, has been placed on file in the office of the Municipal Clerk;

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of theBorough of Englewood Cliffs, does hereby approve the final payment of$52,760.44to Tilcon New York, Inc. for work completed on the 2004 Road Improvement Program.

MAY 05 2009


2006-000116-REV1


06-126

Mayor Parisi announced that Resolution 06-53 was removed from the agenda.

On a motion by Perin, seconded by Manolio, Resolution 06-54 was offered for adoption:


RESOLUTION 06-54

RE : APPOINT JUNIOR VOLUNTEER FIREMAN

WHEREAS, the Englewood Cliffs Volunteer Fire Department has recommended theappointment of Joseph Parisi ill as a junior member of the Englewood Cliffs Volunteer FireDepartment;

"NOW, THEREFORE BE IT RESOLYED that the Mayor and Council of the Borough

of Englewood Cliffs does hereby approve the membership of Joseph Parisi ill as a junior memberof the Englewood Cliffs Volunteer Fire Department. .'

On a motion by Manolio , seconded by Drimones, Resolution 06-55 was offered for adoption:

ROLLCALL:AYES:Abstain:

Plawker, Manolio, Drimones, Kasoff, , PerinNorton

RESOLUTION 06-55

RE: APPOINT VOLUNTEER FIREMAN

WHEREAS, the Englewood Cliffs Volunteer Fire Department has recommended theappointment of Stephen Ross Norton as an active member of the Englewood Cliffs VolunteerFire Department;

NOW, THEREFORE BE IT RESOLVED that the Mayor and Council of the Boroughof Englewood Cliffs does hereby approve the membership of Stephen Ross Norton as an activemember of the Englewood Cliffs Volunteer Fire Department.

On a motion by Manolio, seconded by Drimones, resolution 06-56 was offered for adoption.

ROLL CALL:AYES:Abstain:

Plawker, Manolio, Drimones, Kasoff, PerinNorton

RESOLUTION 06-56

RE : APPOINT JUNIOR VOLUNTEER FIREMAN

MAY 05 2009


2006-000117-REV1


06-127

WHEREAS, the Englewood Cliffs Volunteer Fire Department has recommended theappointment of Leslie S. Raucher as an active memher of the Englewood Cliffs Volunteer FireDepartment;

NOW, THEREFORE BE IT RESOLVED that the Mayor and Council of the Boroughof Englewood Cliffs does herehy approve the membership of Leslie S. Raucher as an activemember of the Englewood Cliffs Volunteer Fire Department.

On a motion by Plawker, second ed by Manolio, r esolution 06-57 was offered for adoption.


RESOLUTION 06-57

TITLE: LffiRARY SERVICES FOR THE YEAR 2006

WHEREAS, the Borough ofEnglewood Cliffs has an Agreement with the Free PublicLibrary of Englewood for Library Services; and

WHEREAS, the fee for these Library Services for the year 2006 is $215,393.00;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Boroughof Englewood Cliffs does hereby approved the payment of$2 15,393.00 to the Free Public Libraryof Englewood for Library Services for the year 2006.

On a motion by Ma uolio, seconded by Drimones, resolution 06-58 was offered for adoption.


RESOLUTION 06-58

WHEREAS, the Bergen County Tax Board has ordered that the Borough of EnglewoodCliffs revalue all of its real property on or before tax year 2008; and

WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs deems itappropriate and necessary to revalue all of its real property immediately, in order to effectuatenew values as of tax year 2007; and

WHEREAS, the Borough of Englewood Cliffs, in lieu of revaluation, wishes toimplement a municipality-wide reassessment of all real property; and

WHEREAS, the municipal tax assessor agrees that it is in the best interests of theBorough to implement a reassessment of all real property, effective for tax year 2007;

MAY 05 2009


2006-000118-REV1


06-128


RESOLVED by the Mayor and Council of the Borough of Englewood Cliffs that the taxattorney be and is hereby authorized and directed to prepare any and all documents and to appearwith the tax assessor at the next available meeting of the Bergen County Board of Taxation, torequest authorization for the implementation of a municipality-wide reassessment of all realproperty to be effective October I , 2006 , for tax year 2007; and be it further

RESOLVED, that the aforesaid reassessment is contingent upon the chief financialofficer certifying the availability of monies necessary so as to fund said reassessment project.

On a motion by Plawker, seconded by Manolio, resolution 06-59 was offered for adoption.

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

RESOLUTION 06-59

RE: RETIREMENT OF POLICE CHIEF LAWHENCE R. WHITING

WHEREAS, Chief Lawrence R. Whiting has applied for retirement from the EnglewoodCliffs Police Department as ofJuly I, 2006; and

WHEREAS, The Mayor and Council of the Borough of Englewood Cliffs desires toreach an agreement with Chief Lawrence R. Whiting concerning his retirement and accumulatedcompensation;

NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Boroughof Englewood Cliffs that the retirement of Chief Lawrence R. Whiting effective as of July I,2006, be and is hereby accepted subject to the signing of an agreement citing the terms of thisresolution; and be it further

RESOLVED that Chief Lawrence R. Whiting shall be entitled to the followingcompensation in keeping with past practices regarding retirement from the Englewood CliffsPolice Department:

1. Six (6) months terminal leave;2. Accumulated sick pay for 150 days;3. Any unused vacation/compensation time/personal days, including 20064. Health Benefits pursuant to past practices

AND BE IT FURTHER

RESOLVED, that the Chief Financial Officer shall determine the total payment dueChief Lawrence R. Whiting, and how the payments to Chief Lawrence R. Whiting are to bemade.

MAY 05 2009


2006-000119-REV1


06-129

ORDINANCES: PUBLIC BEARING AND ADOPTION


ORDINANCE 2006-11

The clerk presented affidavit ofpublication, showing that advertisement had been made according tolaw, which was ordered filed. Councilman Manolio moved a public hearing be held on theordinance. So ordered. Councilwoman Drimones moved the clerk read the ordinance by title onsecond reading. So ordered. The clerk thereupon read the ordinance by title. The mayor thenannounced that all interested parties would now be given opportunity to be heard for or against theadoption of the ordinance.

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

Councilman Manolio 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.

ROLLCALL:AYES: Plawker, Manolio, Drimones, Kasoff,N orton, Perin

ORDINANCE 2006-11

AN ORDINANCE ESTABLISHlNG A RESTRICTED HANDICAPPEDPARKING SPACE AT 8 FffiST STREET,BOROUGH OF ENGLEWOOD CLIFFS


WHEREAS, Dorothy Cooper, residing at 8 First Street, in the Borough of EnglewoodCliffs; and

WHEREAS, Dorothy Coop er is handicapped as defined by relevant statues; and

WHEREAS, Dorothy Cooper has applied for a handicapped space to be established infront of the premises, 8 First Street, Englewood Cliffs; and

WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs has consideredthe application in light ofall the circumstances surrounding the request and has decided that thereexists a true necessity for the establ ishment for such a handicapped parking space; and

WHEREAS, N.J.S.A. 39:4-197.6 provides that a municipality may, by ordinance,establish a restricted parking space on a publi c thoroughfare in front of a residence occupied by ahandicapped person under appropriate circumstances;

MAY 05 2009


2006-000120-REV1


06-130

NOW, THEREFORE, be it ordained by the Mayor and Council ofthe Borough ofEnglewood Cliffs as follows:

SECTION I.

There is hereby established a restricted handicapped parking space on the publicthoroughfare in front of 8 First Street, and the Police Department is hereby authorized anddirected to post the appropriate marking and sign therefor which shall , in accordance withChapter 7, Section 13-6, of the Revised General Ordinances of the Borough of Englewood Cliffs,specifically designate "handicapped parking only" and the penalties for violation thereof.However, said restricted handicapped space is not permanent; when the need therefor terminates,the Borough is authorized to remove the designated space and the signage.

SECTIONll.

Should any part of this Ordinance be deemed invalid or unconstitutional, said findingshall not affect any other part of Chapter 7 of the Revised General Ordinances of the Borough;and

IT FURTHER ORDAINED that this Ordinance shall become effective upon adoptionand publication in accordance with law, and

This ordinance shall take effect upon final adoption and publication according to law.,


ORDINANCE 2006-13

The clerk presented affidavit of publication, showing that advertisement had been made according tolaw, which was ordered filed. Councihnan Manolio moved a public hearing be held on theordinance. So ordered. Councilwoman Drimones moved the clerk read the ordinance by title onsecond reading. So ordered. The clerk thereupon read the ordinance by title. The mayor thenannounced that all interested parties would now be given opportunity to be heard for or against theadoption of the ordinance.

TIle following people spoke on the ordinance:

Angelo Mungioli asked for clarification regarding job titles.Mary O'Shea asked which borough positions receive benefits and what percent does the borough payfor benefits.

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

Councilman Manolio 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.

MAY 05 2009


2006-000121-REV1


06-131

ORDINANCE 2006-13

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 of New Jersey.

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

SECTION I. The following salaries, wages and/or compensation shall be paid to the respectiveemployees of the Borough of Englewood Cliffs, for the year 2006, as set forth below:

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

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

"

3. Borough Administrator - annual salary of $7,2423 9

4. Borou gh Attorney - an annual salary of $27,306.07

5. Borough Clerk - an annual salary of $79,965.45

6. Deputy Borough Clerk - an annual salary of $32,099.12

7. Clerical/Secretarial - an hourly wage of $10.00 - $20.00

8. Secretary Constr. Bd, of Appeals - an annual salary of $948.56

9. Tax Collector - an annual salary of $47,884.60

10. Chief Financial Officer - an annual salary of $1719.74

11. Assistant Tax Collector - an annual salary of $50,000.00

12. Tax Office Clerk - an annual salary of $39,130.00

13. Tax Search Officer - an annual salary of $1,719.74

14. Tax Assessor - an annual salary of $17,547.88

15. Secreta ry to Bd. of Adjustme nt - an annual salary of $9,482.39

16. Secretary to Planning Board - an annnal salary of $9,482.39

17. Fire Prevention Official - an annual salary of $12,255.61

18. Municipal Court Judge - an 'annual salary of $27,306.07

19. Violations & Municipal Court - an annua l salary of $42,084.54

MAY 05 2009


2006-000122-REV1


20. Borough Prosecutor - au annual salary of $10,239.51

21. Borough Public Defender - an annual salary of $4,098.18

22. Extra Help Municipal Court - an bourly wage of $20.00 to $30. 00

23. Construction Code Official - an annual salary of $29,446.56

24. Control Person - an annual salary of $30,570.43

25. Fire Sub-Code Official - an annual salary range of $13,500

26. Building Inspector - an annual salary of $26,705.12

27. Electrical Inspector - an annual salary of $9,733.44

"28. Zoning Official- an annual salary of $15,000.00

29. c.C.O. Inspector - an annual salary of $1,500.00

30. Plumbing Sub-Code Official - an annual salary range of$9,482.61

31. Sewer Operator - an annual salary of $6,126.18;

32. Board of Health Secretary - an annual salary of $9,482.39

33. Recreation Youth Coordinator- an annual salary of $10,000.00

34. Administrator of Public Assistance - an annual salary of $1,296.84

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

36. Recreation Consultant - An annual salary of $8,900.00

37. Seasonal Employees - an bourly wage of $6.12 to $15.22

38. Assessment Search Officer - an annual salary of $1,719.54

39. Police Secretary - an annual salary of $39,028.28

40. School Crossing Guards - a per diem wage of $60.00 - $92.00

41. Superintendent ofD.P.W. - an annual salary of $116,336.48

42. Secretary of DPWfRecycling - an annual salary of $31,633.43

SCHEDULE A

POLICE SALARIES FOR 2006

06-132

MAY 05 2009


2006-000123-REV1


Chief of Police: a salary for 2006 of $149,840.54

Police Captain: a salary for 2006 of $129,1 72.70

Police Lieutenant: a salary for 2006 of $119,604.36

06-133

Sergeant: a salary for 2006 of $110,744.79

Patrolman (I " Grade): a salary for 2005 of $102,541.47

PATROLMAN HIRED AFTER 1999 2006 SALARY

BASE HOLIDAY LONGEVITY TOTAL

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 I"GRADE

OVERTIME RATE

1. 21.772. 27.463. 32.214. 39.035. 45.846. 52.657. 59.478. 69.08

PATROLMAN HIRED AFTER 1999

oooo

2% 1271.292% 1460.292% 1649.272% 1915.84 ,

31700.2139990.7046899.0456821.4768014.0778125.5088235.79102,497.33

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 4981.1 89. PATROLMAN I" GRADE

oooo

2% 1322.142% 1518.702% 1715.242% 1992.47

32968.2241590.3248775.0059094.3470734.6381250.5291765.21

106597.23

MAY 05 2009


2006-000124-REV1


OVERTIME RATE

1. 22.642. 28.563. 33.504. 40.595. 47.676. 54.767. 61.858. 71.85

06-134

PATROLMAN HIRED AFTER 1999 2008 SALARY


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 I"GRADE

OVERTIME RATE

I. 23.552. 29.703. 34.844. 42.215. 49.586. 56.957. 64.328. 74.72

oooo

2% 1375.032% 1579.452% 1783.85 ..2% 2072.11

SCHEDULEB

34286.9543253.9350725.9061458.1173564.0184500.5495435.82

110861.12

DEPARTMENT OF PUBLIC WORKS SALARIES FOR 2005

Mechanic: (Step 7)

DPW Worker:

DPW Forman:

Gray, an annual salary of $59,994.00

Billington, an annual salary of $64,769.22

Mele, an annual salary of $60,460.40

DPW Driver: (Step 3) Morgan, an annual salary of $30,680.44

MAY 05 2009


2006-000125-REV1


06-135

DPW Driver: (Step 3) Devens, an annual salary of $30,680.44

DPW Driver: (Step 5) Neville , an annual salary of$39,951.10

DPW Driver: (Step 4) Fedouchik, an annual salary of$36,860.88

DPW Driver: (Step 4) Maglione, an annual salary of $36,860.88

DPW Driver: (Step 4) Campomanes, an annual salary of $36,860.88

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

DPW Worker: New Hires: $24,000.00

Part-time Department ofPublic Works Employees:an hourly wage of$6.12 to $20.00

DRNER MECHANIC

Step I $24,000 $40,076Step 2 $26,77 9 $42,576Step 3 $29,55 9 $45,076Step 4 $32,338 $47\ 576Step 5 $35,118 $50,576Step 6 $37,89 7 $53,076Step 7 $40,677 $5 5,576Step 8 $43 ,456 $58,076Step 9 $46,236 $60,576Step 1O $49,015 $63 ,076

SECTIONll.

A. Longevity for Administrative employees who receive health benefits shall beimplemented and supplemented by adding thereto two percent (2%) increase foreach four (4) years of service with a maximum of fonrteen percent (14%) fortwenty eight years of service as a "longevity pay increase."

B. Longevity for Police shall be 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".

C. Terminal Leave: 20 years of more up to 25 years - two (2) months;25 years or more up to 30 years - three (3) months;30 or more years - four (4) months;35 or more years - five (5) months;40 or more year s - six (6) months.

MAY 05 2009


2006-000126-REV1


06-136

SECTION m. Should any part or provision of this Ordinance be held unconstitutional orinvalid, such decision shall not affect the validity of this Ordinance as a whole or any partthereof, other tban the part held so unconstitutional or invalid.

Councilman Manolio CALLED UP FOR SECOND READING AN ORDINANCEENTITLED:

ORDINANCE 2006-14

The clerk presented affidavit of publication, showing that advertisement had been made according tolaw, which was ordered fiJed. Councilman Manolio moved a public hearing be held on theordinance. So ordered. Councilwoman Drimones moved the clerk read the ordinance by title onsecond reading. So ordered. The clerk thereupon read the ordinance by title. The mayor thenannounced that all interested parties would now be given opportunity to be heard for or against theadoption of the ordinance. .,

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

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



AN ORDINANCE AUTHORIZING THE BOROUGH OF ENGLEWOOD CLIFFSTO ACCEPT A CERTAIN RIGHT-OF-WAY KNOWN AS

SARA HILL LANE AS A DEDICATED ROADWAYIN THE BOROUGH OF ENGLEWOOD CLIFFS

COUNT Y OF BERGEN, STATE OF NEW JERSEY

WHEREAS, on December 12, 2002, a certain major sub-division was granted to Grantorin regard to portions of Lots 40.02, 40.05 and 43 in Block 303, in connection with a Resolutionpassed and approved by the Borough ofEnglewood Cliffs Planning Board;

NOW THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough ofEnglewood Cliffs, Bergen County, New Jersey, that the Borough of Englewood Cliffs herebyagrees to accept the dedication of the right-of-way commonly known as Sara Hill Lane anddescribed more particularly in the Deed from V &R Developers to the Borough of EnglewoodCliffs transferring title to said property; and

BE IT FURTHER ORDAINEI) that this Deed is being accepted subject to it beingconveyed free of any and all encumbrances, including mortgages and liens; and

MAY 05 2009


2006-000127-REV1


06-137

BE FURTHER ORD AINED that a copy ofthis ordinance be forwarded to the BergenCounty Clerk and the Planning Board of the Borough of Englewood Cliffs; and

BE IT FURTHER ORD AINED 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 incons istent 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 Ordinanc e be heldunconstitutional or invalid, such decision shall not affect the validity of this Ord inance as a who leor any art thereo f, other than the part held so unconstitutional or invalid.

This ordinance sha ll take effect upon [mal adoption and publicat ion accord ing to law.

COMMITTEE REPORTS:


Shade Tree Commission sponsored a very nice Arbor Day recognition program on May 5"'. May 9'hthe Shade Tree Commission used grant money in the amount of $8,000.00 to replace diseased treeson"Charlotte Place. The program included the children of Upper School. Shade Tree was honoredthis year for receiving the Tree City Award for 25 consecutive years.


No Report. Looking for a soccer coordinator.


Spring sports off to a slow start due to inclement weather. Snack Bar is open. Indoor programs arewinding down. Three officers attended classes in Indiana with instructors from all over the world.


Newsletter is at the printer. There is a possibility that someone will be helping Caye Jehu.


Planning Board had two applications carried to the next meeting. Summer Camp starts June 26"'.Extended day program will run. There are over 200 campers registered to date.

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

Board of Adjustment denied variance of Cingular tower. AIT and Cingular are now merged. Sameapplication was denied previously when AT&T went before the Board.

MAY 05 2009


2006-000128-REV1


06-138REPORT OF BOROUGH ATTORNEY:E. Carter Coniston announced that COAH accepted our affordable housing plan for review. Thereare 45 days for comments from the public regarding the plan.

REPORT OF BOROUGH ENGINEER:Mr. Mirandi reported that the punch list items to be completed for the 2005 Road Program were sentto the contractor. Mr. Mirandi is working with DPW Superintenden t Rodney Bialko developing the2006 Road Program.

REPORT OF DPW SUPERINTENDENTRodney Bialko reported that the scoreboards are being installed AT Witte Field with money from theSnack Bar. Lynn Norton noted that Dave Pasacrita supplied the steel.

REPORT OF CHIEF OF POLICE:Chief Whiting bad no report. He did ask the council what was being done regarding the percentageof responses to emergenc ies by the Englewood Cliffs Volun teer Ambu lance Corps.

n an Plawker and Patricia Drimones indicated that they were in the process of finding a resolution tothe matter.

NEW BUSINESS:Mayor Parisi announced that the council will begin interviewing architects regarding the recentacquisition of the new building designated for the administrative'o ffices of the Borough.

Mayor Parisi also announced the Memorial Day Services that will take place on Monday, May 29"' at9:30 AM at the Englewood Cliffs Fire House.

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

Angelo Mungioli asked for clarification regarding who can utilize the low income housing.E. Carter Coniston responded that COAH will provide the guidelines.

Jack Gaier inquired about the tree replacement project on Charlotte Place. Jerry Kasoff explainedthat the tress were deceased. The Mayor noted that PSE&G took the trees down at no cbarge.

Joe Cioffi inquired about stipends for the ambulance Corps . Patricia Drimones explained the currentprocedures.

On a motion by Plawker, seconded by Man olio, the public portion of the meeting was closed.Carri ed.

On a motion by Man olio, seconded by Kasoff, the meeting was adjourned at 9:21, p.m.

ATTEST :


APPROVED:


MAY 05 2009


2006-000129-REV1


"

MAY 05 2009


2006-000130-REV1


06-139


MINUTES OF THE CAUCUS MEETING OF JUNE 14, 2006



MayorCouncil PresidentCouncilwomanCouncilmanCouncilwomanCouncilman


Councilman

ALSO PRESENT:

Borough AttorneyBorough EngineerChief ofPoliceSupt. ofPublic Works


Joseph C. Parisi, Jr.nan PlawkerPatricia DrimonesJerry KasoffLynnNortonPatrick Perin

Thom as Manolio

r

E. Carter Corriston, Esq.Bernard MirandiLawrence WhitingRodney Bialko



MINUTES OF THE: Caucus Meetin g of May 17, 2006 and Regular Meeting of May 17, 2006were placed on tile Regular Agenda for approval.

MAY 05 2009


2006-000131-REV1


06-140JUNE 14,2006

On a motion by Kasoff, seconded by Drimones, resolution 06-72 was offered for adoption:

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




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 pending or anticipated litigation

Sewer Backup on Palisade Avenue

Contract negotiation.

Volunteer Ambulance Corps

The closed session began at 6:40 p.m. and ended at 7:20 p.m.

On a motion by Perin, second by Kasoff, the council returned to open session. Carried


Police Report of May, 2006Court report of May, 2006Construction Code Official's Report of May, 2006CollectorfTreasurer's Report of April, 2005


Residents of Van Nostrand Avenue

Placed on Regular Agenda for discussiou with residents.

MAY 05 2009


2006-000132-REV1


06-141JUNE 14, 2006

Edward Breslin Esq. Sewer Backup at 630 Palisade Avenue

All information is with our lnsurance Company. Mr. Breslin should contact them for anyinformation he may need.

Mr. Jude Bernard Rem oval of Sidewalk at 1 Snyder Road

Resolution 06.{i3 approving the removal was placed on the regular agenda.


06-49 Renew 2006 Plenary Licenses06-60 Retirement ofCaptain Barrett06-63 Removal of Sidewalk, I Snyder Road06-65 Appoint New Police Chief as of July I, 200606-66 Appoint Deputy Chief as of July I, 200606-67 Application for Bus Shelter, NJ Transit06-68 Appoint Re-assessment Consultant

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

2006-15 Street Name Change, Floyd Court to Ostermeir Court

On a motion by Kasoff, seconded by Drimones, the meeting was adjourned at 7:40 p.m. Carried.

ATTEST:


APPROVED:


MAY 05 2009


2006-000133-REV1


06-142


MINUTES OF THE REGULAR MEETING OF JUNE 14,2006



MayorCouncil PresidentCouncilwomanCouncilmanCouncilwomanCouncilman


Councilman

ALSO PRESENT:

Municipal AttorneyMunicipal EngineerChief of PoliceSuperintendent DPW

Joseph C. Parisi Jr .nan PlawkerPatricia DrirnonesJerry KasoffLynn NortonPatrick Perin

"

Thomas Mano lio

;

E. Carter Corriston, Esq.Bernard MirandiLawrence WhitingRodney Bialko



ADEQUATE NOTICE OF rms 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."rms NOTICE IS ON FILE WITH THE MUNICIPAL CLERK AND POSTED ON THEBULLETIN BOARD.MINUTES OF rms MEETING WILL BE MADE AVAILABLE TO THE PUBLIC UPON THECOMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.

MAY 05 2009


2006-000134-REV1


06-143JUNE 14, 2006

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

Caucus Meeting of May 17, 2006Regular Meeting of May 17, 2006

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

Police Report of May, 2006Court Report of May, 2006Construction Code Officials Report of May, 2006Collector Treasurer's Report of April, 2006

COMMUNICATIONS:

The Mayor and Council listened to the concerns of the residents of Van Nostrand Avenuepertaining to what they claim is non-performance of the builder in certain areas. Primarily, treesdying, insufficient top soil and poorly constructed curbing.

On a motion by Plawker, seconded by Drimones, the C~unci1 set up a special meeting to byconducted by Council members Perin and Drimones, to meet with all the residents and try to comeup with solutions to their concerns. Carried.

CLAIMS:

On a motion by Norton, seconded by Drimones, the Claims for the month of June, 2006 wereordered paid.

Ayes:Absent:

Plawker, Drimones, Kasoff, Norton, PerinManolio

MAY 05 2009


2006-000135-REV1


06-144JUNE 14, 2006

RESOLUTIONS:

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

Ms. Sank and Ms. O'Shea both asked questions which were address by members of Council .


ROLLCALL:AYES:ABSENT:


RESOLUTION 06-49 .,

TITLE: Renew al of Plenary R etail consumption Licenses

WHEREAS, application for Plenary Retail Consumption Licenses bave 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 forlb in the Borough Ordinance.

State 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

Name and AddressI IK Restaurant Corp495 Sylvan AvenueT/A Assembly Steak House

Chiko Enterprise Inc.150 Sylvan AvenueT/A Crystal Palace

PKG Restaurant Corp487 Sylvan AvenueT/A Bicycle Club

Inkad LLC14 Sylvan AvenueT /A Cafe Italiano

484 Sylvan Avenue Corp484 Sylvan AvenueTIA Grissini

Shaddai, Inc.464 Sylvan AvenueTlA Mama Mexico

MAY 05 2009


2006-000136-REV1


06-145JUNE 14, 2006

#0216-33-007-006

#0216-33-008-005

RDA Restaurant Inc.717 Palisade AvenueT/A Royal Cliffs Diner

Jamie's Beverage Corp574Sylvan AvenueT/A Sangrita

On a motion by Plawker, seconded by Kasoff, Resolution 06-60 was offered for adoption:

ROLL CALL:AYES:ABSENT:


RESOLUTION 06-60

RE : RETIREMENT OF DETECTIVE CAPTAIN MARTIN BARRETT

WHEREAS, Detective Captain Martin Barrett has applied for retirement from lbeEnglewood Cliffs Police Department as of July I, 2006; and

WHEREAS, The Mayor and Council of lbe Borough of Englewood Cliffs desires toreach an agreement wilb Detective Captain Martin Barrett concerning his retirement andaccumulated compensation;

NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Boroughof Englewood Cliffs lbat the retirement of Detective Captain Martin Barrett effective as ofJuly I, 2006, be and is hereby accepted subject to the signing of an agreement citing the terms ofthis resolution; and be it further

RESOLVED lbat Detective Captain Martin Barrett shall be entitled to the followingcompensation in keeping wilb past practices regarding retirement from lbe Englewood CliffsPolice Department:

1. Five (5) months terminal leave;2. Accumulated sick pay for 150 days;3. Any unused vacation/compensation time/personal days, including 20064. Heallb Benefits pursuant to past practices

AND BE IT FURTHER

RESOLVED, that the Chief Financial Officer shall determine the total payment dueDetective Captain Martin Barrett, and how lbe payments to Detective Captain MartinBarrett are to be made.

MAY 05 2009


2006-000137-REV1


06-146JUNE 14, 2006

On a motion by Plawker, seconded by Drimones, Resolution 06-63 was offered for adoption:



RESO LUTION 06-63

RE: REMOVAL OF SInEWALI(, 1 SNYDER ROAD

Mr. Jude Bernard, residing at I Snyder Road is hereby given

permission to remove the sidewalk that is located in front of his home in order

that his home will conform with his neighbors and to remove apotential hazard.

It is to be understood that Mr. Bernard is solely responsible'for the

removal of the sidewalk and the cost thereof. The Borough of Englewood Cliffs

is not respons ible for any of the costs of this projec t.




RESOLUTION 06-65

WHEREAS, as a result of the retirement of Chief Lawrence R. Whiting, a vacancy sha llexist as of July I , 2006; and

WHEREAS, the Police Committee has recommended to the Mayor and Council thatLieuten ant Thomas Bauemschmidt be appointed to said position;

NOW, THEREFORE, BE IT RESOLVED , that the Mayor and Council hereby appointLieutenant Thomas Bauernschmidt as Chief of Police of the Borough of Englewood Cli ffseffec tive July I , 2006 .

On a motion by Norton, seconded by Kasoff, Resolution 06-66 was offered for adoption:

ROLLCALL:AYES:ABSTAIN:ABSENT:

Plawker, Kasoff, Norton, PerinDrimonesManolio

MAY 05 2009


2006-000138-REV1


06-147JlJNE 14, 2006

RESOLUTION 06-66

WHEREAS, at the present time the position OF Deputy Chief of the Borough ofEnglewood Cliffs is vacant; and

WHEREAS, the Police Committee has recommended to the Mayor and Council thatLieutenant Michael Cioffi be appointed to said position;

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council hereby appointLieutenant Michael Cioffi as Deputy Chief of the Borough of Englewood Cliffs effective July I,2006.

On a motion by Norton, seconded by Perin, resolution 06-!'7 was offered for adoption.

ROLLCALL:AYES :ABSENT:


RESOLUTION 06-67 ..

RE: REQUESTING BUS SHELTERS

WHEREAS, NJ TRANSIT has funds for the purchase of bus shelters throughout theState of New Jersey; and

WHEREAS, the governin g body of a municipali ty in New Jersey or the Board ofCho senFreeholders of a county may apply to the New Jerse y Transit Corpo ration for the purchase andinstallation of bus shelters at legally designated bus stops; and

WHEREAS, the borough of Englewo od Cliffs, in the interest of promoting publictransportation, conservation of energy, traffic safety, and for the convenience of the public,endorses the concept of providing bus shelters within its jurisdiction.

NOW, THEREFORE, be it resolved, that the application is hereby made by theBorough of Englewood Cliffs to the New Jersey Transit Corporation for the purchase andinstallation of I bus shelter as set forth in Exhibit A, made a part hereof.

FURTHER, be it resolved that the Mayor, Joseph C. Parisi, Jr. and the Muni cipal Clerk,Joseph Favaro by authorized to execute and agreement with NJ Transit to arrange for thepurchase and installation of the shel ter.

On a motion by Drimones, seconded by Norton, resolution 06-68 wa s offered for adoptio n.

ROLLCALL:AYES :ABSENT

Plawker, Drimones, Kasoff, Norton, PerinMan olio

MAY 05 2009


2006-000139-REV1


06-148JUNE 14, 2006

RESOLUTION 06-68

WHEREAS, the Borough Council, by resolutions 06-58 adop ted May 17, 2006 ,authorized a reassessment of all real property in lieu of a revaluation, to be effective for tax year2007 ; and

WHEREAS, the Borough of Englewood Cliffs wishes to retain the services of aconsultant in order to aid the assessor in implementing the reassessment; and

WHEREAS, the assessor and tax appeal attorney have negotiated with John F. Cattanachfor such services;


RESOLYED by the Mayor and Counci l of the Borough of Englewood Cliffs that theCouncil does hereby retain the services of John F. Cattanach to perform all profe ssionalconsu lting appraisals and reassessment services for the purpose of implementing a municipali tywide reassessment for tax year 2007; and be it further

RESOLYED, that the total compensation to be paid to the consultant, inclusive of allinspections, preparation of measurements ands property record, cards, and recommendation ofproposed reassessments shall be $90,000, payable by voucher as services are performed; and it isfurther '

RESOLYED, that the tax attorney be and is hereby authorized and directed to prepare,and the Mayor to execu te, an appropriate contract for retention of John F. Cattanach as consul tanttherefore; and be it further

RESOLYED, that the aforesaid services are in the nature of extraordinary unspecifiableservices for which no public bidding is necessary; and it is further

RESOLYED, that a copy of this resolution and the contract be retained in the Office ofthe Borough Clerk for public inspection.

On a motion by Drimones, seconded by Plawker, resolution 06-69 was offered for adoption.



MAY 05 2009


2006-000140-REV1


06-149JUNE 14, 2006

RESOLUTION 06·69

WHEREAS, the Borough of Englewood Cliffs has a need to obtain professionalArchitectural and Interior Services for the improvement of property located at 482 HudsonTerrace; and

WHEREAS , the Borough plans to obtain those professional services withoutcompetitive bidding;

NOW, THEREFORE, BE IT RESOLVED , by the Mayor and Council of the Boroughof Englewood Cliffs to obtain the services of CUBElLiS ECOPLAN located at 180 SylvanAvenue, Englewood Cliffs, N.J.; and

.'BE IT FURTHER RESOLVED

that, the Borough desires to execute the within Agreement setting forth the servicesto be rendered and the compensation to be paid therefore; and

BE IT FURTHER RESOLVED

That the total professional fee will be $40,000 for all work described in parts A thruD in the agreement;

IN WITNESS WHEREOF, the Mayor and Council, by Resolution duly adopted,have caused this Agreement to be approved and executed and Cubellis Ecoplan causedthis Agreement to be executed the day and year first above written; and

BE IT FURTHER RESOLVED

That the Municipal Clerk shall advertise this resolution in a newspaper within tendays of adoption.


; Ii

ORDINANCE INTROnUCTION

ORDINANCE 2006-15

AN ORDINANCE CHANGING NAME ANDDESIGNATION OF FLOYD COURT IN THEBOROUGH OF ENGLEWOOD CLIFFS TO

OSTERMEIR COURT, COUNTY OF BERGENSTATE OF NEW JERSEY

MAY 05 2009


2006-000141-REV1


06-150JUNE 14,2006

Councilwoman Drimones moved the ordinance be given its first reading. So ordered.

The Municipal Clerk read the said ordinance by title. Ms. Drimones moved the ordinance

be adopted on first reading and published in the Press Journal on June 22, 2006.

The public hearing to be held on July 12, 2006. Motion was seconded by Norton.


AYES:ABSENT:



Mayor Parisi announced the following resolution which amends the 2006 Municipal budget.Steven Wielkotz, Municipal Auditor was present and stated that the hearing for the budgettook place during the M ayor& Council meeting of May 17, 2006. The changes to the budgetare minor, no new hearing or advertising is required.

On a motion by Norton, seconded by Kasoff, resoluti on 06-64 was offered for adopt ion.ROLLCALL:Ayes :ABSENT:

RESOLUTION 06-64

Re: RESOLUTION TO AMEND 2006 MUNICIPAL BUDGET

WHEREAS, the local municipal budget for the year 2006 was approved on April 19,2006; and

WHEREAS, the public hearing on said budget has been held as advertised; and

WHEREAS, it is desired to amend said approved budget;

NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the Borough ofEnglewood Cliffs, County of Bergen, that the following amendments to the approved budget of2006 be made:

Surplus Anticipated

Subtotal General Revenues

Total to be raised by taxes

From $1,300,000.00 To $1,400,000.00

From $3,258,086.31 To $3,358,086.31

From $8,742,301.45 To $8,642,302.45

MAY 05 2009


2006-000142-REV1


06-151JUNE 14, 2006

COMMIITEE REPORTS:

COUNCILMAN KASOFF:

No Report

COUNCILMAN PERIN:

Legal, Transportation, Clean Communities

Sanitation, Lighting

No Report: Sanitation and Lighting

Fall Soccer Registration has begun. Mr. McDuffy new Coordination

COUNCILWOMAN NORTON: Fire, Finance, Recreation,.Community Events

.,Over 200 children have registered for soccer.Little League playoffs have begun.Saturday will be the closing ceremony for little leagueEnglewood Cliffs won the softball championship.Englewood Cliffs senior baseball team won the first game in playoff.

An e-mail was received from Peter Corbin thanking the Police Department and AmbulanceCorps for their quick response when one of the girls had trouble breathing.

Little League was having a beefsteak fund raiser on June 23.


The State Police has requested training for all Elected Officials on Homeland Security.The Fire Department has 45 members starting school.


The Planning Board approved an application for 18 Sylvan AvenueThe application ofJCC has been continued.The performance bond for 570 Sylvan Avenue has been released.

June 26 is the start of the summer camp.

Met with the VAC to improve response time.Also met with Holy Name Hospital to see if they could supplement our VAC.

REPORT OF BD. OF HEALTH: The Board sponsored a stroke awareness workshop.


The contractor for the 2005 road improvement program has been notified as to some of hiswork being unacceptable.

NJDOT application has been completed.

MAY 05 2009


2006-000143-REV1


06-152JUNE 14, 2006

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

Ms. Breen informed the Council that she has donated Historical information aboutEnglewood Cliffs to the Englewood Library.

Ms. O'Shea congratulated Chief Whiting and Captain Barrett on their retirement and Lt.Bauernscbmidt and Lt. Cioffi on their promotions.

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

On a motion by Norton, seconded by Drimones, the meeting was adjourned at 8:55, p.m.

ATIEST:

JOSEPH FAV ARO , MUNICIPAL CLERK

APPROVED:

JOSEPH C. PARISI JR, MAYOR

MAY 05 2009


2006-000144-REV1



NEW JERSEY

MINUTES OF THE SPECIAL MEETING OF THE MAYOR AND COUNCIL

DATE: JULY 5, 2006

PURPOSE: INTRODUCE ORDINANCE 2006-16DISCUSS LITIGATION IN CLOSED SESSION

CALL TO ORDER AT: 6:00 P.M.


MAYORCOUNCIL PRESIDENTCOUNCILMANCOUNCILWOMANCOUNCILWOMANCOUNCILMAN


COUNCILMAN

ALSO PRESENT:

MUNICIPAL ATTORNEY

JOSEPH C. PARlSI JR.ILAN PLAWKERTHOMAS MANOLIOPATRlCIA DRIMONE SLYNN NORTONPATRICK PERIN·

I

JERRY KA~OFF

E. C. CORRISTON


OPEN PUBLIC MEETINGS ACT STATEMENT:

"ADEQUATE NOTICE OF THIS SPECIAL MEETING WAS GIVEN TO THE RECORD ANDPRE SS JOURNAL AND POSTED AS REQUIRED.DATE AND TIME OF THIS SPECIAL MEETING WAS LEGALLY GIVEN AS REQUIRED BYTHE "OPEN PUB LIC MEETINGS ACT."THIS NOTICE IS ON FILE WITH THE BOROUGH CLERK AND POSTED ON THEBULLETIN BOARD.

On a motion by Norton, seconded by Manolio, resolution 06-72 was offered for adoption.

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

MAY 05 2009


2006-000145-REV1


06-119JULYS, 2006

RESOLUTION 06-72RE: CLOSED SES SION


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,


Any pending litigationCaptain Gallagher

Lt. McMorrow

Closed session began at 6:07 p.m. and ended at 6:35 p.m.

On a motion by Norton, second by Perin, the council returned to open session. Carried.

Councilman Plawker introduced an ordinance entitled:

ORDlNANCE 2006-16

AN ORDlNANCE TO AMEND AND SUPPLEMENTCHAPTER 2-13.4 , CHAPTER 2-13.4.1, AND CHAPTER 2-13.6

ENTITLED "POLlCE DEPARTMENT'OF THE GENERAL ORDlNANCE AND REVISED CODE OF

THE BOROUGH OF ENGLEWOOD CLIFFS


The Municipal Clerk read the said ordinance by title . Ms. Drimones moved the ordinance byadopted on first reading and published in the Press Journal on July 13,2006.

The public hearing to be held on August 16, 2006. Motion was seconded by Councilwoman Norton.


Ayes: Plawker, Manolio, Norton, PerinAbstain: DrimonesAbsent: Kasoff

On a motion by Norton, seconded by Manolio, the meeting was opened to the public. Carried .

MAY 05 2009


2006-000146-REV1


06-120JULy 5, 2006

Betty Oliva, Esq. wanted placed on the record that the advertisement for the meeting was notpublished in the Record until July 4, 2006. This was insufficient public notice.

The Municipal Clerk stated that the notice was sent to the Record on Friday, June 30, 2006 withspecific instructions to publish the notice on either Sunday the 2nd ofJuly or Monday the 3'" ofJuly.For some reason they did not publi sh until the 4"' of July. Usually ifpublication cannot be on thedates requested, the Record will notify the Clerk but no notification was forthcoming .

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

On a motion by Norton, seconded by Manolio, the meeting was adjourned at 6:50 p.m. Carried.

ATTEST:

JOSEPH FAVAROMUNICIPAL CLERK

APPROVED:

JOSEPH C. PARISIMAYOR

MAY 05 2009


2006-000147-REV1


06-121


MINUTES OF THE CAUCUS MEETING OF J1JLY 12, 2006





Councilman

ALSO PRESENT:

Borough AttorneyBorough Engineer


Joseph C. Parisi, Jr.nan PlawkerThomas ManolioPatricia DrimonesLynn NortonPatrick Perin

.,

Jerry Kasoff

E. Carter Cohiston, Esq.Bernard Mirandi

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 .Minute s of this meeting will be made available to the public upon the completion of typing andproofreading by the Municipal Clerk.

Report ofMartin Santini, Architect:

Mr. Santini, in conjunction with the project manage r Mark Campione presented architectural plansfor the interior layout and exterior refurbi shing of the new municipal building Hudson Terrace.

Mr. Santini noted that the building is steel and has non-combustible materials which exclude thenecessity of sprinklers. There will be an additional 66 square feet per level in order to accommodateeasier access to the front entrance and lobby areas of the working floors. Bathrooms will be re-doneto be ADA compliant. Stair railing will be replaced to become ADA compliant. All data andcommunic ations will be updated. Minor adjustments will be made to interior walls to accommodatethe needs of municipal offices. Other surface improvements include new carpeting, paint, lightingand ceiling tiles . The roof is in good condition. The exterior will be refreshed modernized.

MAY 05 2009


2006-000148-REV1


06-122JULy 12, 2006

On a motion by Norton, seconded by Manolio, resolution 06-73 was offered for adoption:

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

RESOLUTION 06-73

RE: CLOSED SESSION


WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs has deemed itnecessary to go into closed session to discuss certain matters w~ch 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.SA 10:412:

Any pending or litigation(Commerce Bank VS, EC Bd. of Adjustment)

Contract Negotiations(Cingular Communications)

The closed session hegan at 7:00 p.m, and ended at 7:35 p.m.

On a motion by Perin, second by Plawker, tile council returned to open session.


MINUTES OF THE: Caucus Meeting of June 14,2006 and Regular Meeting of June 14, 2006were placed on the Regular Agenda for approval.


Police Report of June, 2006Court report of June, 2006Construction Code Official's Report of June, 2006Collector/Treasurer's Report of May, 2005

MAY 05 2009


2006-000149-REV1


06-123JULY 12, 2006


Mayor Parisi received communication regarding a possible condominium project in Englewood offEast Palisade Avenue. He asked that Boswell Engineering locate the property line for EnglewoodCliffs. Also, E. Carter Corriston will contact Englewood regarding notification.

E. Carter Corriston, Municipal Attorney, advised the council that the required time to receiveobjections to our COAH plan has passed.


06-70 Community Development Appointments06-71 Authorize Mayor to sign D.O.T. Agreement, Marjorie Terrace06-74 Recommend Planning Board review conditionuses in B-4 district

THE FOLLOWING ORDINANCE WAS PL ACED ON THE· REGULAR AGENDA FORINTRODUCTION:

Motion to rescind Ordinance 2006-16, by resolution 06-76introduced at the July 5, 2006 special meeting. ",Meeting advertisement wasn 't published in a timel y manner,

2006-16 Amend Police Orclinance

THE FOLLOWING ORDINANC ES WAS PLACED ON THE REGULAR AGENDA FORSECOND READINGI PUBLIC HEARING.

2006-15 Street name change. Floyd Court to Ostermeir Way.

APPOINTMENTS: Appoint OEM Coordinator was placed on the agenda under new business

OLD BUSINESS: Shade Tree 25th Tree City Awnrd and Growth Award

NEW BUSINESS:It was agreed to place the following resolutions on the regular agenda:

06-74 Conclitional uses B-4 Zone06-77 Contract Ambulance Holy Name Hospital06-78 Authorize Mayor to Sign Sewer Maintenance Agreement

ADJOURN:

On a motion by Norton, seconded by Manolio the caucus meeting was adjourned at 7:53 pm.

MAY 05 2009


2006-000150-REV1


06-124JULY 12, 2006

ATIEST:

Deborah L. Fehr e, Deputy Municipa l Clerk

APPROVED :

JOSEPH C. PARlSI JR., MAYOR

MAY 05 2009


2006-000151-REV1


06-125


MINUTES OF THE REGULAR MEETING OF July 12, 2006




AB SENT AT ROLL CALL :

Councilman

ALSO PRESENT:

Municipal AttorneyMunicipal EngineerChief of Police

Joseph C. Parisi Jr.nan PlawkerThomas ManolioPatricia DrimonesLynn NortonPatrick Perin, .

Jerry Kasoff

E. Carter Coniston, Esq.Bernard MirandiThomas Bauernscbmidt

FL AG SALUTE LEAD BY: Council President Ilan Plawker


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 THI S MEETING WILL BE MADE AVAILABLE TO THE PUBLIC UPON THECOMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.

The Honorable Judge Bonnie Mizdol administered the Oath of Office to Police Chief, ThomasBauemscbmidt and Deputy Police Chief, Michael Cioffi .

MAY 05 2009


2006-000152-REV1


06-126JULY 12, 2006

MINUTES OF THE FOLLOWING MEETINGS WERE ACCEPTED AS PRES ENTED ONA MOTION BY DRIMONES, SECONDED BY MANOLIO, AND CARRIED.

Caucus Meeting of June 14 , 2006Regular Meeting of June 14, 2006

THE FOLLOWING REPORTS WERE ORDERED FILED ON A MOTIO N BY PLAWKER,SECONDED BY DRIMONES, AND CARRIED.

Police Report of June, 2006Court Report of June, 2006Construction Code Officials Report of June, 2006Collector Treasurer' s Report of May, 2006

.,CLAIMS :

On a motion by Norton, seconded by Drimo nes, the Claims for the month ofJuly, 2006 were orderedpaid.

Ayes:Absent:

.'Plawker, Manolio, Drimones , Norton, PerinKasoff

MAY 05 2009


2006-000153-REV1


06-127JULY 12, 2006

RESOLUTIONS:

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

On a motion by Drimones, seconded by Manolio, Resolution 06-70 was offered for adoption:

ROLLCALL :AYES :ABSENT:


TITLE:

RESOLUTION 06-70

APPOINTMENT COMMUNITY DEVELbPMENT 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-l et seq. And Title 1 of the Housing and CommunityDevelopment Act of 1974; and

WHEREAS, said Agreement requires that one Municipal Representative beappointed by the Governing Body of the Community to be part of the CommunityDevelopment Regional Committee for the tenn of one year coinciding with the fiscalyear ofJuly 1, 2006 through June 30, 2007.

NOW, THEREFORE, BE IT RESOLVED, that the governing body herebyappoints Marilyn Gittleman, 24 Booth Avenue Englewood Cliffs, NJ. 07632 as itsrepresentative to participate on the Community Development Regional Committee.



TITLE:


RESOLUTION 06-71

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

MAY 05 2009


2006-000154-REV1


06-128JULy 12, 2006

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 Marj orie Terrace, from PalisadeAvenue( a county road) to Demarest Avenue.

On a motion by Plawker, seconded by Drimones, Resolution 06-75 was offered for adoptiou:

ROLLCALL:AYES :ABSENT;

Plawker, Manolio, Drimon es, Norton, PerinKasoff,

RESOLUTION 06-75

RE: ACCEP T QUALIFICATIONS OF PERENNIAL PLANTIN GS , INC.,

WHEREAS, the Borough of Englewood Cliffs has asked for Qualifications for theplanting ofperennials at Woodland Park through the Fair and Open Process; and

WHEREAS, the Qua lifications have been reviewed by the Shade Tree Commission; and.'

WHEREAS, Perennial Plantings, Inc. ofEnglewood: NJ has been recommended by theShade Tree Commission to the Mayor and Council; and

WHEREAS, the Shade Tree Commission has visited sites to view the work of PerennialPlantin gs, Inc.;

WHEREAS, it is the recommendation of the Shade Tree Commission that Pere nnialPlantings, Inc. is qualified to be awarded a cont ract for the planting of perennials at WoodlandPark;

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council does herebyaccept the qualifications of Perennial Plantings, Inc., 266 South Dean Street, Englewood, NJ07631 for plantings to be done at Woodland Park.

On a motion by Plawker, seconded by Manolio, Resolu tion 06-76 was offered for adoption:

ROLLCALL:AYES:ABSENT;

Plawker, Man olio, Drimones, Norton, PerinKasoff,

RESOLUTION 06-76

Re: Rescind and Withdraw Ordinance 2006-16

MAY 05 2009


2006-000155-REV1


06-129JULY 12, 2006

Whereas the Mayor and Council of the Borough ofEnglewood Cliffs desires to withdraw andrescind Ordinance 2006-16;

Therefore be it resolved that the Mayor and Counc il of the Borough of Englewood Cliffs herebywithdraws and rescinds Ordinance 200 6-16.


ORnIN'1\NCE IN'FR(()])UC . ON

ORDINANCE 2006-17

AN ORDINANCE TO AMEND AND SUPPLEMENTCHAPTER 2-13.4, CHAPTER 2-13.4.1 AND CHAPTER 2-13.6

ENTITLED "POLICE DEPARTME~T"OF THEGENERAL ORDINANCE AND REVISED CODE OF THE

BOROUGH OF ENGLEWOOD CLIFFS


The Muni cipal Clerk read the said ordinance by title. Councilman Plawker moved the ord inance

be adopted on first reading and published in the Press Journal on July 20, 2006 .

The public hearing to be held on August 16, 2006 . Motion was seconded by Councilwoman No rton.


AYES:ABSENT:ABSTAIN:

Plawker, Manolio, Norton, PerinKasoffDrimones


MANOLIO CALLED UP FOR SECOND READING AN ORDINANCE ENTITLED:

ORDINANCE 2006-15

Th e clerk presented affidavit ofpubli cation, showing that advertisement had been made according tolaw, which was ordered filed. Councilman Manolio moved a pub lic hearing be held on the

MAY 05 2009


2006-000156-REV1


06-130JULy 12, 2006

ordinance. So ordered. Councilman Manolio 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 he heard for or against the adoption ofthe ordinance.


Resident Steven Rubinsky suggested that Ostermeir Way be Ostermeir Court. Mayor Parisi statedthat the council did debate this. Councilman Plawker agreed with Mr. Rubinsky that "Court" waspreferred by him. Councilman Perin noted that the signage and paperwork were already underwayfor Ostermeir Way.

Resident Mary O'Shea thanked the council for naming the street after Mr. Ostermeir. She sated thathe was the first Englewood Cliffs resident killed in World War n.

After all interested parties had spoken on the ordinance, Councilwoman Drimones moved thehearing be closed. So ordered.

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

ROLLCALL:AYES :ABSENT:NAYS:

Manolio, Drimon es, Norton, PerinKasoffPlawker

ORDINANCE 2006-15

AN ORDINANCE CHANGING NAME AND DESIGNATION OFFLOYD COURT IN THE BOROUGH OF ENGLEWOOD CLIFFS

TOOSTERMEffiWAYCOUNTY OF BERGEN, STATE OF NEW JERSEY

WHEREAS, The Mayor and Council of the Borough of Englewood Cli ffs is desirousof changing the name and designation ofFloyd Court to Ostermeir Way; and

WHEREAS, the New Jersey Statutes in such case made and provided and in particularN.J.S.A. 40:67-1 empowers and authorized the Mayor and Council of the Borough of EnglewoodCliffs to designate the names of street within the Borough by Ordinance;

NOW THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borou gh ofEnglewood Cliffs as follows:

MAY 05 2009


2006-000157-REV1


06-131JULY 12, 2006

I. The street in the Borough of Englewood Cliffs presently known as Floyd Court be andhereby is changed so as hereinafter to be known as Ostermeir Way.

BE IT FURTHER ORDAINED that the official map of the Borough of EnglewoodCliffs be and hereby is amended to indicate the change of street name from Floyd Court to Way .

BE IT FURTHER ORDAINED that all ordinances or part s of ordinances other than thezoning ordinance of the borough which are incons istent 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.

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

COMMITTEE REPORTS:

COUNCILMAN PERIN:

COUNCILWOMAN NORTON:

COUNCILMAN PLAWKER :

COUNCILWOMAN DRIMONES:

No report regarding sanitation. He has received a fewcomplaints regarding Street lighting. These complaints arebeing forwarded to the appropriate authority.

Adult softball is taking place on Mondays from 6:00 to8:00 PM. District tournaments are taking place in Littleleague.

George Drimones, Fire Chief reported that members of theFire Department are attending the Fire Academy. All isgoing well, they are having a valuable experience.

Lt. William LaRaia received a letter form the BergenCounty Sheriff's office thanking him for a course Lt.LaRaia conducted. It was the first course of its kindpresented.

No report regarding the Planning Board, they will meettomorrow evening.

The Ambulance Corps committee met with severalemergency response agencies. The committee would liketo ask the council to approve a contract with Holy NameHospital for basic life support services during the daytimehours of Monday through Friday. The Holy NameHospita l will not bill the residents, only the insurance

MAY 05 2009


2006-000158-REV1


06- 132JULY 12, 2006

providers of the residents. Ifa resident does not haveinsurance there will be no bill for the resident.

On a motion by Drimones, seconded by Manolio , Resolntion 06-77 was offered for adoption:


RESOLUTION 06- 77

WHEREAS , the Borough of Englewood Cliffs is desirous of entering into a

contract for BAS IC LIFE SUPPORT AMBULANCE SERVICE MUTUAL AID,

NOW , THEREFORE, BE IT RESOLVED, tha t the Borough of Englewood Cliffs

shall enter into a contract for BASIC LIFE SUPPORT AMBULANCE SERVICE

MUTUAL A ID with Holy N am e Hospi tal which has this day been presented to the

Co uncil; and

BE IT FURTHER RESOLVED, that the Council President is authorized to

execute same.

COUNCILMAN MANOLIO: TIle Board ofAdjustment approved two height variances.

REPORT OF BOROUGH ATTORNEY:E. Carter Corriston reported that the time period for objections to the Borough' s COAH planexpired. He has instructed J ason Kasler the Borough Planner to go ahead with th e paperworkin order to get our approvals.

REPORT OF BOROUGH ENGINEER:Bernard Mirandi stated th at he met with the contractor for the 2005 Road ImprovementProgram and Rodney Bialko , DPW Superintendent. They reviewed the punch list forMiddlesex and other areas and are scheduling the work to be done.

NEW BUSINESS:

E. Carter Corriston explained that a resolution authorizing the Mayor to sign a sewer maintenanceagreement with a resident was necessary in order to allow the resident to install their sewer drainacross borough property, the resident will be responsible to maintain and repair that sewer line.

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06-133JULY 12, 2006

On a motion by Drimones, seconded by Manolio the meeting was opened to the public for commenton resolution 06-78.

No comments.

On a motion by Norton, seconded by Perin, the public comment was closed.

On a motion by Plawker , seconded by Perin, Resolution 06-78 was offered for adoption:


Plawker, Manolio, Drimones, Norton, PerinKasoff,

Resolution 06-78

BE IT RESOLVED, that the Borough Council of the Borough of Englewood Cliffs does herebyauthorize the Mayor to sign an agreement with J. Bancroft and K. Bancroft regarding a sewermaintenance agreement for properties known as Block 103, lots 601 and 602 in the Borough ofEnglewood Cliffs.

With the advice and consent of Council, Mayor Parisi presented the appointment of ChiefThomas Bauernschmidt .

Councilman Plawker moved the recommendation, Councilman Manolio seconded therecommendation. Carried.

Mayor Parisi announced that he and council President Plawker would r ecu se themselvesfrom the meeting for th e next order of business. Mayor Parisi and Council PresidentPl awker left the dais.

Councilman M anolio assumed the chairmanship for th e next order of business.

The resolution was read orally by the Deputy Clerk.

E. Carter Corris ton explained that due to litigation with Commerce Bank he was recomm endingthat the council pass a resolution asking the Plannin g Board to review and clarify section 30-8Cd)of the Zoning Code of Englewood Cliffs.

On a motion by Norton, seconded by Drimones, the meeting was opened to the public forcomment on resolution 06-74.

No comments.

On a motion by Manolio, seconded by Norton, the public comment was closed

On a motion by Drimones , seconded by Norton, resolntion 06-74 was offered for adoption.

ROLLCALL:

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06-134JULy 12, 2006

AYES:ABSENT:RECUSED:

Manolio, Drimones, Norton, PerinKasoff,Plawker

RESOLUTION 06-74

WHEREAS, Commerce Bank has brought suit against the Board of Adjustment ofEng lewood Cliffs; and

WHEREAS, Commerce Bauk has alleged that Section 30-8(d) of the Englewood CliffsZoning Code which deals with conditional uses permitted in the B-4 District is arbitrary andcapriciou s; NOW THEREFORE BE IT

RESOLYED the Mayor and Council of the Borough of Englewood Cliffs does herebyrecommend that the Englewood Cliffs Planning Board consider changes in this section to moreclearly set forth the criteria necessary concerning banks and drive-in facilities in the B-4 District.

OLD BUSINESS:

The Mayor announced that the Shade Tree Commission received the Tree City and Growth Awardfor 2005.

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

Mrs. Dusevic of West Bayview Avenue explained an issue she is having with water running downthe street and pooling in front ofher house. Especially difficult when the water freezes in winter. Mr.Mirandi stated that he spoke to Mr. Bialko about this situation and they will look into it.

Mrs. O'Shea asked if separate counsel was assigned for Deputy Chief Cioffi regarding currentlitigation. Mayor Parisi stated no, not at this time.

Mrs. O'Shea asked about bathroom facilities for the public in the new municipal building.

Mr. Rubinsky commented that a new building is very nice and will improve working conditions andmoral of the people of the community. He asked if the council was considering naming the buildingafter Mayor Parisi Sr.

Mr. Rubinsky stated that he believes applications for positions in the Borough should be set aside forresidents of the Borough.

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


MAY 05 2009


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JULY 12, 2006

ArrEST:


06- 135

APPRO VED:

JOSEPH C. PARISI JR. , MAYOR

MAY 05 2009


2006-000162-REV1




MINUTES OF THE CAUCUS MEETING OF AUGUST 16, 2006




ALSO PRESENT:

Borough AttorneyBorough EngineerChief ofPoliceDeputy Chief of PoliceSupt. of Public Works


Joseph C. Parisi, Jr.nan Plawker [Arrived at 6:34 pm]Thomas ManolioPatricia DrimonesJerry Kasoff [Arrived at 6:35 pm]Lynn Norton [Arrived at 6:35 pm]Patrick Perin.,

E. Carter Corriston, Esq.Bernard MirandiThomas BauernschmidtMichael CioffiRodney Bialko


On a motion by Manolio, seconded by Norton , resolution 06-85 was offered for adoption:





MAY 05 2009


2006-000163-REV1


06-137AUGUST 16, 2006

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 litigationContract Negotiations

Getty Petroleum v, Englewood CliffsAJM Construction

All American Recycling

The Council went into closed session at 6:40 p.m. and returned to open session at 7:04 p.m.


MINUTES OF THE: Special Meeting of July 5, 2006; Caucus' Meeting of July 12, 2006 andRegular Meeting ofJuly 12, 2006 were placed on the Regular Agenda for approval.


Police Report of July, 2006Court report of July, 2006Construction Code Official's Report of July, 2006Collector/Treasurer's Report of June, 2005


Mr. Marinescu Property on 5" Street

Mr. Marinescu purchased a landlocked piece of property on fifth street. It is not theBorough's obligation to put in a street and utilities for him. This is something he will have to do forhimself.


06-79 2005 Audit Compliance06-80 Drug and Alcohol Abuse, Municipal Alliance Committee06-81 VAC stipend06-82 Agreement to pay legal fees06-84 Transfer of Liquor License 0126-33-008-00506-86 Tax Bill Correction, 24 Geraldine Court

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06-138AUGUST 16, 2006


2006-182006-19

Amend Salary OrdinanceBond Ordinance: Renovation & Alteration of 482 Hudson Terrace

THE FOLLOWING ORDINANCE WAS PLACED ON THE REGULAR AGENDA FORSECOND READING! PUBLIC BEARING.

2006-17 Amend 2-13 .4, 2-13.4. 1 and 2-13.6, Police Department

REPORT OF STANDING COMMITIEES

Councilwoman Norton Recreation, Community Events '

Ms. Norton requested a committee be formed to study the use of Witte Field.Mayor Parisi asked Ms. Nortoo, Mr. Manolio, Mr. Bialko to be on this committee alongwith the himself.

MAYOR PARtSI: Informed the Council that he received aletter from the City of Englewoodslating that their planning board was considering placing townhouses on our border on PalisadeAvenue. This letter was referred to our planning board chairman.

He also received a letter from the BCUA requesting that our building department was not sending informs for new sewer connections that they had requested. The Municipal Clerk will speak to Mr.Marcus in the morning to make sure he understands that these forms must be sent to the BCUA.

Mayor Parisi asked the Attorney and Engineer to research who is responsihle for the payment for thedredging of the pond on Pershing Road. This pond is on private property. The Borough has alreadypaid for the permits which cost $25,000 . Are we expected to fund the cleaning of a pond that is onprivate property. He expects a report by the next meeting.

REPORT OF BOROUGH ENGINEER

Estimates are being prepared for the 2006 road program.

REPORT OF SUPERINTENDENT OF PUBLIC WORKS

Mr. Bialko asked that the sewer connection ordinance be amended. The intent of theoriginal ordinance was for new homes being built or commercial buildings that are being connectedto the sewer system not the installation of equipment, such as generators, into existing buildings thathave nothing to do with sewers.

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06-139AUGUST 16, 2006

Mr. Bialko reported that he is interested in going into a shared services agreement with FortLee . We have a new Zipper, which mills pot holes, and they have a paving machine . The sharing ofthese two pieces ofequipment will be advantageous to both communities.

CHIEF OF POLICE

Chief Bauernschmidt requested an amendment to the alarm ordinance which will allow theBorough to register all alarms and to also charge for false alarms. Fort Lee has a similar ordinance inplace and charges a $25 yearly registration fee.

Mayor Parisi asked the Borough Attorney and the Chief to come up with something for thenext meeting.

ADJOURN:

On a motion by Manolio, seconded by Norton, the meeting wasadjourned at 7:50 p.m. Carried.

AITEST:

JOSEPH FAYARO, MUNICIPAL CLERK

APPRO VED :

JOsEPH C. PARtS} JR, MAYOR

MAY 05 2009


2006-000166-REV1




MINUTES OF THE REGULAR MEETING OF AUGUST 16, 2006




ALSO PRESENT:

Municipal AttorneyMunicipal E;ngilleerChief Financial OfficerChief ofPoliceSuperintendent DPW



Joseph C. Parisi Jr.nan PlawkerThomas ManolioPatricia DrimonesJerry KasoffLynn NortonPatrick Perin ,

13. Carter Corriston, Esq.Bernard MirandiJoseph Iannaconi, Jr.Thomas BauernschmidtRodney Bialko

ADE;QUATE; NOTICE; OF TIllS Ml3l3TING WAS GIVEN TO THE: PllliSS AND POSWD ASllliQUIRED. DATE; AND TIME; OF rms Ml3l3TING WAS LE;GALLY GIVE:N AS llliQUIREDBY THE "OPE;NPUBLIC MHTINGS ACT."TIllS NOTICE; IS ON FILE; WITH THE MUNICIPAL CLE;RK AND POSTED ON THEBULLl3TIN BOARD.MINUTE;S OF TIllS Ml3l3TING WILL BE; MADE AVAILABLE; TO THE PUBLIC UPON THE:COMPLETION OF TYPING AND PROOFllliADING BY THE: MUNICIPAL CLERK.

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2006-000167-REV1


06-141AUGUST 16, 2006

MlNUfES OF THE FOLLOWING MEETINGS WERE ACCEPTED AS PRESENTED ONA MOTIO N BY MANOLIO, SECONDED BY DRIMONES, AND CARRIED.

Special Meeting of July 5, 2006Caucus Meeting ofJuly 12,2006Regular Meeting of July 12, 2006

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

Police Report of July, 2006Court Report of July, 2006Construction Code Officials Report of July, 2006Collector Treasurer 's Report of June, 2005

.,

CLAIMS:

On a motion by Norton, seconded by Manolio, the Claims for the month of August, 2006 wereordered paid.

..Ayes: Plawker, Manolio, Drimones, Kasoff, Norton, Perin

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06-142AUGUST 16, 2006

RESOLUTIONS:

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

Mr. Rubinsky noted that resolution 06-82 was missing from the packet. AIl present who wanted acopy were given one.

On a motion by Norton, seconded by Manolio, Resolution 06-79 was offered for adoption:


RESOLUTION 06-79"

WHEREAS, N.J.S.A . 40A:5-4 requires the governing hody 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 2005 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 hy resolution certify to the Local Finance Board of the State ofNewJersey that all members of the governing body have reviewed, as a minimum, the sections of theannual audit entitled:

General Comments

Recommendationsand

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

MAY 05 2009


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06-143AUGUST 16, 2006

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 Ne w Jersey, asstated aforesai d and have subscribed to the affidavit, as provided by the Local Finance Board, and

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 RS.52:27BB-52 - to wit:

RS. 52:27BB-52 - "A local officer or member ofa localgoverning body who, after a date fixed for compliance,fails or refuses to obey an order of the director (DirectorofLocal Government Services), under the provis ions of thisArt icle, shall be guilty ofa mis demeanor 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 promul gation of the Local FinanceBoard of the State ofNew Jersey dated July 30,1 968 and does hereby submit a certified copy of thisresolution and the required affidavit to said Board to show evidence of said compliance.



RESOLUTION 06-80

RE: DRUG AND ALCOHOL ABUSE, MUNICIPAL ALLIANCE 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 dru gs is a serious problemin our socie ty 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, the Mayor and Council has applied for funding to the Governor' s Counc ilon Alcoholism and Drug Abuse through the County ofBergen;

NOW , THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borou ghof Englew ood Cliffs, County of Bergen , State ofNe w Jersey hereby recognizes the foll owing:

MAY 05 2009


2006-000170-REV1


06-144AUGUS T 16, 2006

I . The Englewood Cliffs Mayor and Council does hereby authorize submission ofan application for the Municipal Alliance Grant for calendar year 2007 in theamount of$I I ,500 .

2. The Englewood Cliffs Mayo r and Council acknowledges the terms andconditions for administering the Municipal Alliance grant, includin g theadminis trative compliance and audit requirements.



RESOLUTION NO. 06-81

WHEREAS, the Borough of Englewood Cliffs has previous ly adopted certain guidelinesin regard to stipends as evidenced by Reso lution No. 03-47 , and

WHEREAS, the Borough of Englewood Cliffs wishes to amend said Resol ution inregard to stipends,

NOW, THEREFORE, be is resolved that the followlng new guidelines are establishedin regard to stipends for the Volunteer Ambulance Corps of the Borough of Englewood Cliffs:

I. Each eligible member shall receive a stipend of $31.25 per shift.

2. Stipends shall be limited to scheduled shifts of no more than two members.

3. Second rig, mutual aid calls, will be considered shifts for payments of stipen ds if twomembers respond.

4. There will be no payment for scheduled genera l alarms.

5. There will be no payment for one member needed shifts.

6. Shifts may not be banked.

7. Duty crews (both members) must sign in at the police desk. Late night crews, livingin Englewood or Englewood Cliffs may call in. Late night shift is defined as 6:00 p.m. to6:00a.m.

8. The Englewood Cliffs Police Department sign-in sheets will be the permanent recordfor stipend purposes.

All other guidelines for receipt of.stipends not inconsistent with this Resoluti on shallremain in full force and effect.

MAY 05 2009


2006-000171-REV1


06-1 45AUGUST 16, 2006


ROLLCALL:AYES:RECUSED:


RESOLUTION NO. 06-82

WHEREAS, pursuant to Ordinance no. 2004-04 of the Borough of Englewood Cliffs,the Borough may provide for the defense of its employees when litigation is brought against themas long as they are acting in good faith , and

WHEREAS, Police Chief, Thomas Bauernschmidt and Deputy Police Chief, MichaelCioffi are defendants in the lawsuit of Gallagber, et al v. Joseph Parisi, Mavor of th e Boroughof Englewood Cliffs, et aI,

NOW, THEREFORE, BE IT RES OLVED that the Borough of Englewood Cliffsagrees to pay counsel fees at the rate of $85 .00 per hour to the Law Office of Anthony J. Pope,P.C., 572 Market Street, Suite I , Newark, New Jersey 07105 and any related costs anddisbursements incurred by said law finn in regard to the defense ofPolice Chief, ThomasBauernschmidt and Deputy Police Chief, Michael Cioffi.

On a motion by Norton, seconded by Drimones, r esolution 06-84 was offered for adoption.

ROLLCALL:AYES:RECUSED:

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

RESOLUTION 06-84

TITLE: TRANSFER OF PLENARY LICENSE #0216-33-008-005PERSON TO PERSON

WHEREAS, an application has been filed for a person to person transfer of Plenary RetailConsumption License 0216-33-008-005, heretofore issued to Jamie's Beverage Corp. for premiseslocated at 574 Sylvan Avenue, Englewood Cliffs, New Jersey 07632;

WHEREAS, the submitted application form is complete in all respects, the Sales Tax ClearanceCertificate is included, the transfer fees have been paid, and the license has been properly renewedfor the current license term;

WHEREAS, the applicant is qualified to be licensed according to all standard established by Title33 of the New Jersey Statutes, regulations promulgated thereunder, as well as pertinent localordinances and conditions consistent with Title 33;

MAY 05 2009


2006-000172-REV1


06-146

WHEREAS, the applicant has disclosed and the issuing authority reviewed the source of all fundsused in the purchase of the license and the licensed business and all additional financing obtained inconnection with license business;

NOW, THEREFORE BE IT RESOLVED that the Englewood Cliffs Governing body does herebyapprove, effective August 16, 2006, the transfer of the aforesaid Plenary Retail Consumption Licenseto Zanni ' s LLC, 574 Sylvan Avenue, Englewood Cliffs, New Jersey and does hereby direct theMunicipal Clerk to endorse the license certificate to the new ownership as follows: "This license,subject to all its terms and conditions, is hereby transferred to Zanni ' s LLC, effective August 16,2006.

On a motion by Perin, seconded by Manolio, resolution 06-86 was offered for adoption.

ROLLCALL:AYES : Plawker, Manolio, Drimo nes, Kasoff, Norton, Perin

RESOLUTION 06-86

WHEREAS, the Borough Assessor imposed an added assessment for tax year 2005 onpremi ses located at 24 Geraldine Court, otherwise known as Block 1009, Lot 19; and

WHEREAS, that added assessment was, by agreement, reduced and memoriali zed by theCounty Tax Board judgment dated December 28, 2005; and

WHEREAS, through inadve rtence , the reduction in the improvement portion of theassessment for tax year 2006 was not entered on the tax assessor's books, which resulted in thetaxpaye r being overcharged during tax year 2006; and

WHEREAS, the only mechanism for correcting this error at this time is by resolution ofthe Mayor and Council; and

WHEREAS, the Borough 's tax assessor and tax appeal attorney both recommend theadoption of the within resolution;


RESOLVED by the Mayor and Council of the Borough of Englewood Cliffs, that the taxassessor be and he is hereby authorized and direc ted to amend the 2006 total tax assessment onpremises located at 24 Geraldine Court , also know n as Block 1009, Lot 19, so that the total 2006assessment shall be in the amount of $1,770,000; and be it further

RESOLVED, that the tax collector be and he is hereby authorized to reflect any refundwhich may be due to the taxpayer by way of modification of the tax bill for the fourth quarter taxpayment.

MAY 05 2009


2006-000173-REV1


06-147AUGUST 16, 2006


ORD CE INTRODUCTION

ORDINANCE 2006-18

AN ORDINANCE AMENDING ORDINANCE 2006-13 ENTITLED" AN ORDINANCE FIXING SALARIES, WAGES ANDCOMPENSATION FOR ALL SALARIED APPOINTEDAND ELECTED OFFICERS WITHIN TIlE BOROUGH

OF ENGLEWOOD CLIFFS IN TIlE COUNTY OFBERGEN, STATE OF NEW JERSEY

Ms. Drimones moved the ordinance be given its first reading. So ordered.

The Municipal Clerk read the said ordinance by title. Ms . Drimones moved the ordinancebe adopted on first reading and published in the Press Journal on August 24, 2006.

The public hearing to be held on September 20, 2006. Motion was seconded by Ms. Norton.,


AYES: Plawke r, Manolio, Drimones, Kasoff, Norton, Perin


ORDINANCE 2006-19

AN ORDINANCE OF THE BOROUGH OF ENGLEWOOD CLIFFS,IN THE COUNTY OF BERGEN, NEW JERSEY, PROVIDING FORVAillOUS lMPROVEMlliNTS TOTIlE PROPERTY LOCATED AT482 HUDSON TERRACE IN THE BOROUGH OF ENGLEWOOD

CLIFFS, AND APPROPRIATING $500,000 THEREFOR, ANDAUTHORlZING $475,000 IN BONDS OR NOTES OF TIlE

BOROUGH OFENGLEWOOD CLlFFSTO FINANCE THE SAME

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06-148AUGUST 16, 2006


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 August 24, 2006.

The public hearing to be held on September 20, 2006 Motion was seconded by Norton.



ORDINANCES; PUBLIC HEARING AND ADOPTION .

COUNCILMAN MANOLIO CALLED UP FOR SECOND READING ANORDINANCE ENTITLED:

ORDINANCE 2006-17

The clerk presented affidavit ofpub lication, showing that advertisement had been made according tolaw, which was ordered filed. Mr. Manolio moved a public hearing be held on the ordinance. Soordered. Mr. Manolio 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.


Mr. Perkins, Esq . - AgainstMr. Garbor - Agains tM s. O'Shea - AgainstMrs. Carol McMorrow - Against

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

Ms . Norton 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.

ROLL CALL:AYES :ABSTAIN:

Pl awker, M anolio, Kasoff, Norton, PerinDrimones

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06-149AUGUST 16, 2006

ORDINANCE NO. 2006-1 7

AN ORDINANCE TO AMEND AND SUPPLEMENTCHAPTER 2-13.4, CHAPTER 2-13.4.1 AND CHAPTER 2-13.6

ENTITLED " P OLICE DEPARTMENT"OF THE GENERAL ORDINANCE AND REVISED CODE OF THE BOROUGH OF

ENGLEWOOD CLIFFS

BE IT ORDAINED by the Mayor and Council of the Borough of Englew ood Cliffs,County ofBergen, State ofNew Jersey, that Cbapter 2-13.4, Chapter 2-13.4.1 and Chapter 213.6, entitled "Police Department", is amended and supplemented as follows:

2-13.4 - Chief of Police

j. In the event that there is a vacancy in regard to the ,Position of Chief of Police or theChief of Police is disabled and unable to act, then in that event the Mayor and Council mayappoiot an Actiog Chief of Police until such time as the vacancy is filled or the Chief of Police isable to resume his duties. The person appoioted as Actiog Chief must at least hold the rank ofLieutenant in order to be able to be appointed Actiog Chief ofPolice. Disability shall be definedas beiog unabl e to perform his usual duties as Chief for a period of 21 consec utive work days ormore.

2-13.4.1- Deputy Police Chief

a. The Deputy Chief of Police shall perform the duties of Chief of Police io the eventthat the Chief of Police is absent or unable to perform his duties because of disability. In theevent the Chie f of Police is disabled for a period of 21 consecutive work days, the Council mayappoiot an actiog Chief until such time as the Chief return s to duty. The person appointed asactio g Chief must at least hold the rank of Lieutenant.

e. In the event that there is a vacancy io regard to the Deputy Police Chief, then io thatevent the Mayor and Council may appoiot an Acting Deputy Police Chief

2.13.6 - Ap poin tments and Promotions

n. Appointments - AU persons appoioted to the Police Department shall berecommended by the Police Committee to the Mayor and Council for final act ion andappoiotment. The Police Committee shall evaluate the cand idates for appointment and may callupon the Chief of Police or Acting Chief ofPolice for his guidanc e and advice and may, pursuantto same, charge him with the duty of haviog an appropriate examination given to the candidatesto determine their qualifications .

b. P romotions - The Police Committee shall recommend to the Mayor and Council forfinal action and appoiotment all persons to be promoted in rank. They shall have the right tosolicit the advice and suggestions of the Chief of Police in regard to perso ns to be considered forpromotion, but they shall not be limited to persons whom the Chief of Police suggests. ThePolice Committee and the Mayor and Council shall evaluate the candidates and make a

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06-150AUGUST 16, 2006

determination as to whom they wish to appoint. In regard to making such determinations ,they shall give due consideration to the member or members

suggested for promotion in regard to length and merit of the candidate ' s service andquali fications and preference shall be given according to seniority and service, if app ropriate,pursuant to the laws of the State of New Jersey and specifically N.J.S.A. 40A:14-129. In theevent that the Mayor and Council do not wish to promote the candidate recommended by thePolice Committee, it shall have the right to appoint a person of their choice provided that theyadhere to the prerequisites provided for in NJ.S.A 40A:14-129 and any other applic able statutes.

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

BE IT FURTHER ORDAINED that should any section, part or provisions of thisOrdinance be held unconstitutional or invalid, such decision shall not affect the validity of thisOrdinance as a whole or any part thereof, other than the part so held unconstitutional or invalid.

This Ordinance shall take effect immediately upon publication after final passageaccord ing to law.

COMMITTEE REPORTS:

COUNCILMAN KASOFF : Legal, Transportation, Clean Communities

Councilman Kasoff offered his congratulations to the Ambulance Conunittee for obtainingthe services of the Holy Name Hospital EMTs ' . He hopes this is the first step in getting 24/7coverage.

He also congratulated the 9-10 year old Little League All-Stars, the Hawks , for winning thedistrict championship.

COUNCILMAN PERIN:

No report for major conuni ttees

Sanitation, Lighting

Soccer registration is almost complete. Season starts after Labor Day.


The Councilwoman asked Mr. Bialko to have the field lined for soccer practice .Bowling is still at 9:30 a.m. on Tuesdays.Aerobics and Yoga will be offered in the fall.

Mr. Drimones reported for the Fire department that 5 new young members will be finishingFire School on August 25.

MAY 05 2009


2006-000177-REV1


06-151AUGUST 16,2006


Letters ofcommen dation were placed in the files of Sgt. Morrissey and Pt!. Heinkelman forsaving the life ofa resident after a 911 call.

Letters of commendation were placed in the files of Sgt. Rice and PtI. Hill for aiding theNachman Family during a fire at their home.

Mr. Plawker announced the anniversaries of the following police officers:

Chief Bauernschmidt, 32 years; Lt. McMorrow, 32 years ; Lt. LaRaia, Lt. Regan and Lt.Speidel 20 years; PtI. Mura, Pt!. Shaloub 12 years ; Pt. McDermott 7 years; Pt!. Kosches 5 years.

COUNCILWOMAN DRIMONES: Ambulance Corps , Beautification, Planning Board

The Planning Board approved a site plan for 707 Pali sade Avenue.The site plan for 9190-920 Sylvan Avenue was held until next meeting.

The Summ er camp closed on August 4.

The ambulance corp is moving in the right direc tion. " The Council has approved a newstipend schedu le and has hired Holy Name Hospital EMTs. ;

COUNCILMAN MANOLIO:

No Report

DPW, Building & Grounds, Re cycling, Bd. Of Adj.


Mr. Corriston stated that during his 26 years as a Councilman and I0 yean; as the Munic ipalAttorney, there has never been a question about his always telling the truth.

He stated that the attorney for Capt. Gallagher and Lt. McMorrow has accused him of lyin gto the court on informa tion supplied to him by Ms. Sank . Ms . Sank told tile attorney that Mr.Corriston lied to the court when he said the Borough does not tape closed sessions. The Boroughdoes not tape closed sessions and Ms. Sank mis -informed the attorney. Mr. Corri ston demanded anapology from Ms. Sank.

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2006-000178-REV1


06-152AUGUST 16, 2006


Mr. Mirandi reported that a No tice was being sent to the 2005 Road Program contractor andhis bonding company for non-compliance of the contract.

A letter is being sent to Charter Ridge Corp ., Van Nostran d Avenue, telling them to get thepunch list completed before discussion on release of the bond can begin .

The drainage problem on West Bayview Avenue will be addressed during the 2006 RoadProgram.

SUPT. OF PUBLIC WORKS:

Englewood Cliffs and Fort Lee will go into a shared services program with the sharing of theEnglewood Cliffs Asphalt Zipper Machine and the Fort Lee Paving Machine.

The DPW has purchased new recycling containers for distribution to the residents.

CHIEF OF POLICE:

..Chief Bauernschmidt reported that a letter has been sept to all business informing them that

there is a pocketbook and wallet thief operating in the vicinity.

The Chief thanked everyone for their support during National Nite Out.

NEW BUSINESS:

On a motion by Manol io, seconded by Norton, the Municipal Attorney and Engineer wereauthorized to write the bonding company for AJM contractors stating the Borough 's dis-satisfactionwith the job AJMhas done. The borough wants it remedied.

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

Mr. Glinert commented on the great time he had at National Nite Ourt.

Mr. Rubinsky asked about the security in the new building. Where is the money comingfrom.

Ms. Breen asked about the status of the Van Nostrand Project.Asked that the stop sign be bette r placed.

Mr. Marinescu asked about 5"' street and the possibility ofa street being put in.

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

MAY 05 2009


2006-000179-REV1


06-153AUGUST 16, 2006

On a motion by Manolio , seconded by Kasoff, the meeting was adjourned at 8:50, p.m.

ArrEST:

JOSEPH FAV ARO, MUNICIPAL CLERK

APPROVED:


.;

MAY 05 2009


2006-000180-REV1


06-154


MINUTES OF THE CAUCUS MEETING OF SEPTEMBER 20,2006

CALL TO ORDER AT 6:30 P .M.



ALSO PRESENT:

Borough AttorneyBorough EngineerChief of PoliceDep. ChiefofPoliceSupt. ofPublic Works


Joseph C. Parisi , Jr.Dan PlawkerThomas ManolioPatricia DrimonesJerry KasoffLynn NortonPatrick Perin '

E. Carter Coniston, Esq.Bernard MirandiThomas Bau<;~schmidtMichael CioffiRodney Bialko


On a motion by Perin, seconded by Mano lio, the following resolution was offered for adoption.

Mayor Parisi informed the Council that new clay will be deposited on the infields at Witte Field. Areconfiguration for the Minor League and Girls Softball fields will also be made.

The Mayor has received a letter from Mr. Murpuri thanking the Mayor, Mr. Plawker, ChiefBauernschmidt and Deputy Chief Cioffi for attending the services for his son who was killed onSeptember II , 2001.



MAY 05 2009


2006-000181-REV1


06-155SEPTEMBER 20, 2006


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 litigationPersonnel

The Closed session began at 7:10 p.m. and the council reconvened in open session at 7:30 p.m.On a motion by Perin, seconded by Manolio and Carried .

VOUCHERS WERE SIGNED BY THE FINANCE COMMITIEE.

MINUTES OF THE: Caucus Meeting of August 16,2006 and Regular Meeting of August 16,2006 were placed on the Regular Agenda for approval.

THE FOLLOWING REPORTS WERE PLACED ON THE REGULAR AGENDA FORAPPROVAL .

Court report of August, 2006Construction Code Official's Report of August, 2006Collector/Treasurer's Report of July, 2005


Construction Official Request to increase fees

The Municipal Attorney was authorized to prepare an ordinance amending building fees.Carried.

Shade Tree Commission Request Amendment to Shade Tree Ordinance

TIle Municipal Attorney was authorized to prepare an ordinance amending the Shade TreeOrdinance. Carried.,

Construction Official Engineering Inspection Fees

Discussed in closed session.

Mark Matiash Flooding due to rainwater

Will discussed at the regular meeting .

MAY 05 2009


2006-000182-REV1


06-156SEPT EMBER 20, 2006


06-88 Approval ofRaffie License, Eng lewood Cliffs PTA06-89 Appoint Crossing Guard , Thomas Conway06-90 Accept Offer of Donation to Police Department

THE FOLLOWING ORDINANCES WERE PLACED ON THE REGULAR AGENDA F ORINTRODUCTION:

2006-202006-212006-22

Amend Sewer Connection OrdinanceAmend Tree Preservation Ordinance, Chapter XXX, 30-22Amend Salary Ordinance

THE FOLLOWING ORDINANCES WERE PLACED ON THE REGULAR AGENDA F ORSECOND READING! PUBLIC HEARING. '

2006-182006-19

Amend Salary OrdinanceBond Ordinance; renovation and Alteration of 482 Hudson Terrace

ADJOURN: On a motion by Manolio, seconded by Kasoffqthe Caucus meeting was adjournedat 7:45 p.m.

ATTEST :

JOSEPH FAVARO, MUNlClPAL CLERK

APPROVED:


MAY 05 2009


2006-000183-REV1


06-157


MINUTES OF THE REGULAR MEETING OF SEPTEMBER 20, 2006



MayorCouncil PresidentCouncilmanCouncilwomanCouncilmanCounc ilwomanCouncilman

ALSO PRESENT:

Municipal AttorneyMunicipal EngineerChief ofPoliceDep . Chief ofPoliceSuperintendent DPW

Joseph C. Parisi Jr.nan PlawkerThomas Man olioPatricia DrimonesJerry KasoffLynn NortonPatrick Perin '

E. Carter Coniston, Esq.Bernard Mirandi,Thomas BauernschmidtMichael CioffiRodney Bialko

FLAG SALUTE LEAD BY COUNCiL PRESIDENT, lLAN PLAWKER

MAYOR PARiSI STATED:

ADEQUATE NOTICE OF THIS MEETING WAS GIVEN TO THE PRESS AND POSTED ASREQUIRED. DATE AND TIME OF THIS MEETING WAS LEG ALLY 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


2006-000184-REV1


06-158SEPTEMBER 20, 2006

MINUTES OF THE FOLLOWlNG MEETINGS WERE ACCEPTED AS PRESENTED ONA MOTION BY MANOLlO, SECONDED BY PERIN, AND CARRIED.

Caucus Meeting of August 16, 2006Regu lar Meet ing of August 16, 2006

THE FOLLOWlNG REPORTS WERE ORDERED FILED ON A MOTION BY PLAWKER,SECONDED BY MANOLlO, AND CARRIED.

Court Report of August , 2006Construction Code Officials Report of August, 2006Collector Treasurer's Report of July, 2005

CLAIMS:

On a motion by Norton, seconded by Manolio, the Claims for the month of September, 2006 wereordered paid.

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

RESOLUTIONS:

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

On a motion by Norton, seconded by Manolio, Resolution 06-88 was offered for adoption:


RESOLUTION 06-88

RE : APPROVAL OF RAFFLE LICENSEID #133 -05-30510PT A of ENGLEWOOD CLIFFS

WHEREAS, the Parent-Teacher Association of Englewood Cliffs has applied for an OnPremise raffle license and an On-Premise 50/50 raffle license; and

WHEREAS, the Parent-Teacher Association of Englewood Cliffs has complied with allrequirements as outlined in N.J.A.C . 13; and

WHEREAS, the Findings and Determination has been certified by the Chief of Police;

MAY 05 2009


2006-000185-REV1


06-159SEP TEMBER 20, 2006


RESOLVED, that the Mayor and Council of the Borough of Englewood Cliffs doeshereby approve the issuance of an On-Premise raffle license and an On-Premise 50/50 Rafflelicense to the Parent Teacher Association of Eng lewood Cliffs .

BE IT FURTHER RESOLVED that an On-Premise raffle will be conducted on Octo ber15, 2006, (rain date; October 22, 2006) at the Upper Schoo l located at 143 Charlotte Place (UpperSchool) in the Borough of Englewo od Cliffs;

On a motion by Perin, seconded by Manolio, Resolution 06-89 was offered for adoption:


RESOLUfION 06-89 .

RE: APPOINTMENT OF SCHOOL CROSSING GUARD THOMAS CONWAY,

WHEREAS, the Borough ofEnglewood Cliffs employ,s adult schoolcrossing guards, who are under the supervision and direction of theChiefofPolice; and

WHEREAS , the ChiefofPolice has ascertained the eligibilityof the school crossing guards; and

WHEREAS, pursuant to the provisions of N.I .SA 40A:9-154. 1,the Governing Body may appoint adult school crossing guards forterms not to exceed one year;

NOW THEREFORE BE IT

RESOLVED, that Thomas Conway, 47 Irving Avenue, Eng lewoodCliffs be and is hereby appointed a School Crossing Guard pursuantto N.J.SA 40A:9-154.1, for a term to run from October 2,2006through December 31, 2006.

MAY 05 2009


2006-000186-REV1


06-160SEPTEMJ3ER 20, 2006

On a motion by Manolio, seconded by Norton, Resolution 06-90 was offered for adoption:

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

RESOLUTION 06-90

TITLE: ACCEPT OFFER OF DONATION TO ENGLEWOOD CLIFFS POLICE DEPT.

WHEREAS, TAG New Sylvan Corporate Center LLC is desirous of purchasing a securitysystem by NetEyes Securi ty for the Englewood Cliffs Police Department, and

WHEREAS, a quote in the amount of $4,000 .00 has beeo received by Englewood Cliffs PoliceDepartment from NetEyes Security detailing the equipment oftbe security sys tem, and

WHEREAS, the acceptance of the security system is recommended by Chief Bauernschmidt ofthe Englewood Cliffs Pol ice Department,

NOW, THEREFORE,

.'BE IT RESOLYED that the Englewood Cliffs Mayor and Council does bereby accept thegenerous offer of a donation, by the TAG New Sylvan Corporate Center LLC, of the NetEyessecurity system valued at $4,000.00.


ORDINANCE 2006-20

AN ORDINANCE AMENDING CHAPTER XI ENTITLED"SEWER AND WATER" SPECIFICALLY ADDING

SECTION 11-1.11

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 0 0 September 28, 2006.

The public hearing to be held 00 October 18, 2006. Motion was seconded by Ms. Drimones.



MAY 05 2009


2006-000187-REV1


06-161SEPTEMBER 20, 2006

ORDJlNANt::E INTRODUCTION


ORDINANCE 2006-21

AN ORDINANCE AMENDING CHAPTER XXX, ZONING,SECTION 30-22 ENTITLED "TREE PRESERVATION

AND REMOVAL FOR RESIDENTIAL LOTS"SPEClFlCALLY SUB-SECTION 30-22.10


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 September 28, 2006.

The public hearing to be held on October 18, 2006 Motion was seconded by Ms. Drimones.

The ordinance was approved at the first readin g upon the call of the roll.


ORDINANCE INTRO~UCTION


ORDINANCE 2006-22

AN ORDINANCE AMENDING ORDINANCE NO. 2006-13 ENTITLED"AN ORDINANCE FIXING , SALARIES, WAGES AND COMPENSATIONFOR ALL SALARIED, APPOINTED AND ELECTED OFFICERS WlTIDN

THE BOROUGH OF ENGLEWOOD CLIFFS, IN THE COUNTY OFBERGEN, AND STATE OF NEW JERSEY" AND SPEClFlCALLY

SCHEDULE "A" POLICE SALARIES FOR 2006


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 Septemb er 28, 2006.

TIle public hearing to he held on October 18, 2006. Motion was seconded by Mr. Manolio .



MAY 05 2009


2006-000188-REV1


06-162SEPTEMBER 20, 2006


COUNCILMAN MANOLIO CALLED UP FOR SECOND READING ANORDINANCE ENTITLED:

ORDINANCE 2006-18

AN ORDINANCE AMENDING ORDINANCE 2006-13ENTITLED "AN ORDINANCE F1XING SALARIES, WAGES AND COMPENSATION

FOR ALL SALARIED APPOINTED AND ELECTED OFFICERS WITHIN THEBOROUGH OF ENGLEWOOD CLIFFS, IN THE COUNTY OF BERGEN

AND STATE OF NEW JERSEY

The clerk presented affidavit of publication, showing that advertisement had been made according tolaw, which was ordered filed. Mr. Manolio moved a public hearing be held on the ordinance. Soordered. Mr. Manolio 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.


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


AN ORDINANCE AMENDING ORDINANCE 2006-13ENTITLED "AN ORDINANCE F1XING SALARIES, WAGES AND COMPENSATION

FOR ALL SALARIED APPOINTED AND ELECTED OFFICERS WITHIN THEBOROUGH OF ENGLEWOOD CLIFFS, IN THE COUNTY OF BERGEN

AND STATE OF NEW JERSEY

ORDINANCE No. 2006-18

BE IT ORDAINED by the Mayor and Council of the Borou gh of Englewood Cliffs,County of Bergen, State of New Jersey, as follows:

SECTION I. shall be amended as follows:

43. Assistant Control Person - an annual salary of $20,000.00 .

MAY 05 2009


2006-000189-REV1


06-163SEPTEMBER 20, 2006

BE IT FURTHER ORDAINED that this Ordinance shall become effective uponadopt ion and publication in accordance with law, and

BE IT FURTHER ORDAINED that all ordinances or parts of ordinances which areinconsistent with the provisions of this chapter are hereby repealed to the extent of suchinconsistency, 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 art thereof, other than the part held so unconstitutional or invalid.

This ordinance shall take effect upon final adoption and publi cation according to law.


ORDINANCE 2006-19 'AN ORDINANCE OF THE BOROUGH OF ENGLEWOOD CLIFFS, IN THE COUNTY OF

BERGEN, NEW JERSEY, PROVIDING FOR VARlOUS IMPROVEMENTS TO THEPROPERTY LOCATED AT 482 HUDSON TERRACE IN THE BOROUGH OFENGLEWOOD CLIFFS, AND APPROPRIATING $500,000 THEREFOR, AND

AUTHORIZING $475,000 IN BONDS OR NOTES OF THE,BOROUGH OF ENGLEWOODCLIFFS TO FINANCE THE SAME.,

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 of the ordinance.


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



AN ORDINANCE OF THE BOROUGH OF ENGLEWOODCLIFFS, IN THE COUNTY OF BERGEN, NEW JERSEY,PROVIDING FOR VARlOUS IMPROVEMENTS TO THEPROPERTY LOCATED AT 482 HUDSON TERRACE INTHE BOROUGH OF ENGLEWOOD CLIFFS ANDAPPROPRIATING $500,000 THEREFOR, ANDAUTHOR1ZING $475,000 IN BONDS OR NOTES OF THEBOROUGH OF ENGLEWOOD CLIFFS TO FINANCE THESAME

MAY 05 2009


2006-000190-REV1


06-164SEPTEMBER 20, 2006

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

Section I . 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 of Bergen,New Jersey (the "Borough") as a general improvement. For the improvement or pwpose describedin Section 3 hereof, there is hereby appropriated the sum of $500,000, including the sum of $25,000as the down payment required by the Local Bond Law. The down payment has been made availableby virtue ofprovision in the capital improvement fund in one or more previously adopted budgets.

Section 2. In order to finance the cost of the improvement or pwpose not covered byapplication of the down payment or otherwise provided for hereunder, negotiable bonds are herebyauthorized to be issued in the principal amount of $475,000 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.

Section 3. (a) The improvement hereby authorized and the purpose for thefinancing of which the bonds are to be issued is for alterations and improvements to the real propertyknown as 482 Hudson Terrace, also known as Block 513, Lot 6, on the Tax Map of the Boro ugh 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 the

improvement or purpose is as stated in Section 2 hereof.

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

Section 4. 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 provisions 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 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 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 the

MAY 05 2009


2006-000191-REV1


06-165SEPTEMBER 20, 2006

Director of the Division of Local Government Services is on file with the Borough Clerk and isavailable 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 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.

(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 $475,000 and the issuance of the obligationsauthorized herein will be within all debt limitations prescribed by that law.

..

(d) An aggregate amount not exceeding $17,500 for items of expense listed inand permitted 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 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 moneys 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 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 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 Internal

MAY 05 2009


2006-000192-REV1


06-166SEPTEMBER 20, 2006

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

COMMITIEE REPORTS:

MAYOR PARISI:

Mayor Parisi thanked the following departments for their outstanding work during the EmestoHurricane: Police, Fire, Public Works, Shade Tree, Environmental Commission, Building, andEngineering. He has received more positive feedback than negative from the residents.

The Mayor also thanked all members of the Council who responded in the aftermath of the stormduring his absence.

Mayor Parisi charged the DPW and Engineering with finding the cause of the flooding that tookplace and come up with some plan of correction to avoid this in the future. The Mayor asked theEngineer to have a preliminary plan ready by next week..

Mayor Parisi read the storm damage report by the Shade Tree Commission and how all 22 downedor damaged trees were taken care within 48 hours of the storm.

COUNCILMAN KASOFF: Legal, Transportation, Clean Communit ies

Councihnan Kasoff reported that he had a Crime Prevention Survey done for his home by Sgt.Morrissey and has received a written report with suggestions as to make his home more secure. Thistype of survey is available to all residen ts. He thanked the Chiefand Sgt. Morrissey.


Councilman Perin reported that 275 children have signed up for soccer to date. This is the largestturnout for any sport ever.

COUNCILWOMAN NORTON: Fire , Finance, Recreation, Communi ty Events

Councilwoman Norton reported that the fall baseball league is still going on. This year we plan onoffering T-ball for the little kids.

Yoga and aerobics are ongoing.

MAY 05 2009


2006-000193-REV1


06-167SEPTEMBER 20, 2006

The Fire Department did an outstandingjob durin g Ernesto.Chief Drimones reported the Department had 19 calls during Erne sto.

The Fire Department responded to a small fire on Floyd Street.

Ms. Norton asked the Council to look into the complaints about the fire sirens. There are 3 sirenslocated in Englewood Cliffs and some residents are complaining that they are not really necessary.Mayor Parisi said he has heard both pros and cons about the sirens and wants what is best for theresidents.

ChiefDrimones stated that our sirens only operate from 6 am to 10 pm unless there is a fire . He saidMahwah conducted a survey about this and 60 towns responded. Of the 60; 20 don ' t use sirens, 15use sirens all the time.


Sgt. Rushworth has bee n on the force for 19 years and Sgt. Ershadi has been on the force for 18years. PtI. Heinkeman and Ptl. Weiker were confronted with a real fire and put what they hadlearned about dealing with a fire to work.

ChiefBauemschrnidt informed the council that cell phone use while driving is still a PrimaryOffense. ;


The Plannin g Board approved the site plan for 910-920 Sylvan Aven ue. They also approved theSteakhouse on the Cliffs.

Councilwoman Drimones asked that a reso lution opposing the Equalization of tile School Tax beplaced on the agenda for the October meeting.

COUNCILMAN MANOLIO: DPW, Building & Grounds, Recycling, Bd. OfAdj .

The Board ofAdjustment approved a height variance for 17 Clifton Terrace.

Councilman Manolio thanked Mr. Bialko and his men for an outstanding job during Ernesto.

REPORT OF BOROUGH ATTORNEY: No report


The Engineer is designing the Road Program for the Spring rather than the fall because they expectto get better prices at that time.

The NJDEP has a website which explains stormwater management.

MAY 05 2009


2006-000194-REV1


06-168SEPTEMBER 20, 2006

SUPT. OF PUBLIC WORKS :

Mr. Bialko reported that the brush had been cut on Hudson Terrace.

The 20 Gallon recycling containers will be ready for delivery next week. He asked that housenum bers be put on the cans .

CHIEF OF POLICE:

Chief Bauernsclnnidt informed the Council that the Superi or Court has mandated that all MunicipalCourts have to be bro ught up to new security standards.

The Police Department received a grant from the State of New Jersey for $3,750 to combat DomesticViolence.

Lt. LaRai a has j ust graduated from the We st Point Leadership School,

The Police Department received 34 storm related calls in 6 hours during Ernest.

OLD BUSlNESS:

Mr. Goldstein, Street Safety Director, check on the complaint by Ms. Breen, that the signs located atVan Nostrand avenue were misplaced. He found this to be unfounded,

PUBLIC PORTION: On a motion by Manolio, seconded by Drimones, the meeting was open ed tothe public. Carried.

Mr. Geier asked abou t the re-assessment

Ms. Breen requested a copy of the letter sent to the people on Van Nostrand Avenue and also askedabout the Samson' s rock.

Mr. Mungioli asked about the terminal leave money paid to Chief Murphy .

Ms. McMo rrow objected to the introduction of ordinance 2006-22.

Ms. O 'Shea asked how the Holy Name EMT's were doing and also how Mr. Murphy was paid histerminal leave.

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

MAY 05 2009


2006-000195-REV1


06-169SEPTEMBER 20, 2006

On a motion by Plawker, seconded by Norton, the meeting was adjourned at 9:55, p.m.

ATTEST:

JOSEPH FAV ARO, MUNICIPAL CLERK

APPROVED:


MAY 05 2009


2006-000196-REV1


06-170


MINUTES OF THE CAUCUS MEETING OF OCTOBER 18, 2006



MayorCouncilmanCouncilwomanCouncilmanCouncilwomanCouncilman


Council President

ALSO PRESENT:

Borough AttorneyBorough EngineerChief Financial OfficerChief ofPoliceDeputy Chief ofPoliceDeputy Municipal Clerk


Joseph C. Parisi, Jr.Thomas ManolioPatricia DrimonesJerry KasoffLynn NortonPatrick Perin

llanPlawker

E. Carter Corriston, Esq.Bernard MirandiJoseph Iannaconi, Jr.Thomas BauernschmidtMichael CioffiDeborah Fehre

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 typin g andproofreading by the Municipal Clerk.

On a motion by Norton, seconded by Manolio, resolution 06-92 was offered for adoption.

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



MAY 05 2009


2006-000197-REV1


06-171OCTOBER 18, 2006

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


Any pending or anticipated litigation

Getty Petroleum

Open session resumed at 6:45 p.m. on a motion by Manolio, seconded by Norton and carried.

VOUCHERS WERE SIGNED BY THE FINANCE COMMITTEE.,

MINUTES OF THE: Caucus Meeting of September 20, 2006 and Regular Meeting of September20, 2006 were placed on the Regular Agenda for approval.


Police Report of September, 2006Court report of September, 2006Construction Code Official's Report of September, 2006CollectorfTreasurer's Report of August, 2005

COMMUNICATIONS:

Mayor Parisi informed the Council that he bad received notice from Bergen County that CountyDeer Carcass Removal Service, Inc. will be removing deer carcasses on municipal and county roadsin Bergen County. The State ofNew Jersey will no longer provide this service. A copy of sthe letterwas referred to the Police Department, Fire Department and the Dept. of Public Works.

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

2006-202006-212006-22

Amend Sewer Connection OrdinanceAmend Tree Preservation Ordinance, Chapter XXX, 30-22Amend Salary Ordinance

Mayor Parisi reported on tbe following:

The Englewood Cliffs 10 year old Little League Championship team will be honored at the regularsession.

MAY 05 2009


2006-000198-REV1


,

06-172OCTOBER 18, 2006

George Sardis was awarded his Eagle Scout designation and will be given a proclamation at theregular session.

On November 19, the Run for Geo rge, will take place. The run is to collect donations for pancreaticcancer in memory ofGeorge Rubis, who served on the Englewood Cliffs Planning Board.

The Boro ugh will be sponsoring a Halloween Party at the Upper School on October 31.

The infields at Witte Field will be renovated by increasing the depth of the infields between 6-8inches.

The Chamber of Commerce was grante d permission from the Department of Transportation tolandscape the comer of 9W and Palisade Avenue through their Adopt a Spot program. The proj ectshould be completed by the end of October. .

The Police Department has been meeting with the State Departinent of Transportation to try to solvethe problem created when they changed the traffic configuration at the intersection.

ADJOURN: On a motion by Norton, seconded by Kasoff, the meeting was adjourne d at 7:10p.m. Carried

ATTEST:


APPROVED:

JOSEPH C. PARtSl JR, MAYOR

MAY 05 2009


2006-000199-REV1


06-173


MINUTES OF THE REGULAR MEETING OF OCTOBER 18, 2006



MayorCouncilmanCouncilwomanCouncilmanCouncilwomanCouncilman


Council President

ALSO PRESENT:

Municipal AttorneyMunicipal EngineerChief Financial OfficerChiefof PoliceDeputy Chief ofPoliceDeputy Municipal Clerk

Joseph C. Parisi Jr.Thomas ManolioPatricia DrimonesJerry KasoffLynn NortonPatrick Perin

llan Plawker

E. Carter Corriston, Esq.Bernard MirandiJoseph Iannaconi, Jr.Thomas BauernschmidtMichael CioffiDeborah Fehre

FLAG SALUTE LEAD BY COUNCILMAN MANOLIO

Mayor Parisi asked for a moment of silence in memory of Sgt. James Conway, retired, who passedaway last week.


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

MAY 05 2009


2006-000200-REV1


06-174OCTOBER 18, 2006

Mayor Parisi presented Eagle Scout George Sardis the following proclamation:

PROCLAMATION OF CONGRATULATIONSTO GEORGE SARDIS

FOR ATTAINING THE RANK OFEAGLE SCOUT

WHEREAS, the conferring of an Eagle Scout is one of the highest awards thatcan be bestowed upon a Boy Scout; and

WHEREAS, less than two percent of all Scouts actually achieve this goal; and

WHEREAS, as his Eagle Service Project, George conducted a Blood Drive thatwas held at the Metropolitan Greek Orthodox Cathedral of St. John theTheo logian in Tenafly; and

WHEREAS, at a Court of Honor which was held at the Metropolitan GreekOrthodox Cathedral of St. John the Theologian on Saturday, September 30, 2006,an Eagle Award was conferred upon George Sardis; and

WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs wishesto recognize this noteworthy achievement of George Sardis.

NOW, THEREFORE, BE IT RESOLYED that the Mayor and Council of theBorough of Englewood Cliffs hereby extend their congratulations to Eagle ScoutGeorge Sardis for having an Eagle Scout Award conferred upon him by the BoyScouts of America.

BE IT FURTHER RESOLYED that this proclamation be spread upon theminutes of this meeting and the Borough Clerk be and he is hereby authorized totransmit a suitable copy thereof to George Sardis.

Mayor Parisi congratulated the 10 year old Englewood Cliffs Little League DistrictChampions, who have won this award two consecutive years. He introduced all theplayers and coaches and gave each team member a commemorative team picture.


Caucus Meeting of September 20, 2006Regular Meeting of September 20, 2006

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06-175OCTOBER 18, 2006

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

Police Report of September, 2006Court Report of September, 2006Construction Code Officials Report of September, 2006Collector Treasurer's Report of August, 2005

CLAIMS:

On a motion by Norton, seconded by Manolio, the Claims for the month of October, 2006 wereordered paid.

Ayes:Absent:

Manolio, Drimones, Kasoff, Norton, PerinPlawker '

MAY 05 2009


2006-000202-REV1


06-176OCTOBER 18, 2006



ORDINANCE 2006-20

The clerk presented affidavit of publication, showing that advertisement had been made according tolaw, which was ordered filed. Mr. Manolio moved a public hearing be held on the ordinance. Soordered. Mr. Manolio 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 .

After ample opportunity had been given and no one responding Ms. Drimones moved the hearing beclosed. So ordered. '

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

ROLLCALL:AYES :ABSENT :

M anolio, Drimon es, K asoff, Norton, PerinPlawker

ORDINANCE 2006-20

AN ORDINANCE AMENDING CHAPTER XI ENTITLED "SEWER AND WATER"SPECIFICALLY ADDING SECTION 11-1.11.

BE IT ORDAINED by the Mayor and Council of the Borough of Englewood Cliffs thatChapter XI shall be amended to include the following:

SECTION 11-1.11

1. For any addit ions , renovations or any new construction, the owner shall be responsibleto have a TV inspect ion of all sewer lines whether existing, new or being replaced and shallsubmit the inspection to the Department of Public Works Superintendent or his designa tedrepresentatives to verify same to assure the integrity of the sewer system and the connec tions andshall further supply a CDIDVD of such inspection and a written report indicating the findings ofsaid inspection. The costs of same to be paid by the owner of the prop erty.

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2006-000203-REV1


06-177OCTOBER 18, 2006

2. The conditions of this ordinance shall not apply wherein additional renovation or newconstruction has not take place, but merely the installation of apparatus such as air ducts for airconditioning, generators and similar items.

3. The owner shall further pay an impact charge for the ongoing maintenance andinspection of the Borough' s sanitary sewer system and the affects, if any of the impro vements ofsaid additions, renovations or new construction.

4. The imposition ofsaid charges are for the purpose of the inspection and repairs,maintenance and upkeep of the present sanitary sewer system.

5. 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 huilding fee permit is based on a value in excess of$25,000.00. Said fee shall be paid upon application for a building permit.

6. Comme rcial properties shall be charged a sewer fee charge of $IO,OOO.OOin regard toall new construction or replacement construction and for any renovations or additions where thebuilding fee is based on a value in excess of $25,000.00. Said fee shall be paid upon applicationfor a building permit.

Violations and penalties. ..

a. Any person violating any of the 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 conviction thereof, be subject to a penalty not exceeding one thousand dollars ($1000.00) orto imprisonment for a period not exceeding thirty (30) days or to comm unity service for a periodnot exceeding ninety (90) days per violation at the discretion of the magistrate of the Borough ofEnglewood Cliffs .

b. Failure to obtain the proper permit, make satisfactory improvem ents , asdetermined by the Superintendent of Public Works or his designee, or pay the proper permit feeshall be considered a violation and shall be punishable under this chapter.

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 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 unconstitut ional or invalid.

BE IT FURTHER ORDAINED that this Ordinance shall become effective uponadop tion and publication in accordance with law; and

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06-178OCTOBER 18, 2006


ORDINANCE 2006-21

The clerk presented affidavit of publication, showing that advertisement had been made according tolaw, which was ordered filed. Mr. Manolio moved a public hearing be held on the ordinance. Soordered. Mr. Manolio 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.


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

AYE:ABSENT :


ORDINANCE 2006-21

AN ORDINANCE AMENDING CHAPTER xxx, ZONING,SECTION 30-22 ENTITLED "TREE PRESERVATION AND REMOVAL

FOR RESIDENTIAL LOTS"SPECIFICALLY SUB-SECTION 30-22.10

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 :

30-22 TREE PRESERVATION AND REMOVAL FOR RESIDENTIAL LOTS

f. The roots of any tree protected under this ordinance may not be cut withinfive (5) feet of its trunk.


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

MAY 05 2009


2006-000205-REV1


06-17 9OCTOBER 18, 2006

BE IT FURTHER ORDAINED should any part or provision of this Ordinance be heldunconstitutional or invalid, such decis ion shall not affect the validity of this Ordinance as a who leor any art thereof, other than the part held so unconstitutional or invalid.

This ordinance shall take effect upon fmal adoption and publi cation according to law.

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

ORDINANCE 2006-22

The clerk presented affidavit of publication, showing that advertisement had been made according tolaw, which was ordered filed. Mr. Manolio moved a public hearing be held on the ordinance. Soordered. Mr. Manolio 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 adopti~n of the ordinance.


Mrs. McMorrow objected to the ordinance.,

Mrs. O' Shea questioned if the Deputy Chief could be paid if his salary was not in the salaryordinance.

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

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

AYE:ABSENT:


ORDINANCE 2006-22

AN ORDINANCE AMENDING ORDINANCE NO. 2006-13 ENTITLED "ANORDINANCE FIXING, SALARIES, WAGES AND COMPENSATION FOR ALLSALARIED, APPOINTED AND ELECTED OFFICERS WITHIN THEBOROUGH OF ENGLEWOOD CLIFFS, IN THE COUNTY OF BERGEN, ANDSTATE OF NEW JERSEY" AND SPECIFICALLY SCHEDULE "A" POLICESALARIES FOR 2006.

MAY 05 2009


2006-000206-REV1


06-180OCTOBER 18, 2006

BE IT ORDAINED by the Mayor and Council of the Borou gh of EnglewoodCliffs, County of Bergen, State of New Jers ey, that Ordinance No. 2006-13 specificallySchedule A-Police Salaries for 2006 be amended to include the following.

SCHEDULE APOLICE SALARIES FOR 2006

Deputy Police Chief: a salary for 2006 of $139,506.52

BE IT FURTHER ORDAINED that all ordi nances or parts of ordinances of theBorough which are inconsistent with the provisions of this chapter are he reby repealed tothe extent of such inconsis tency; and .

BE IT FURTHER ORDAINED should any pari or provis ion of this Ordinancebe held unconstitution al or invalid, such decision shall not affect the vali dity of thisOrdinance as a who le or any part thereof, other than the part held so unconstitutional orinvalid.

BE IT FURTHER ORDAINED that this OrdinaJ:J.ce shall becom e effective uponadoption and publication in accordance with law; and

COMMITIEE REPORTS:

MAYOR PARISI:

Mayor Parisi complimented Sgt. Morrissey and Pt!. Shaloub for the arrest they made onCastle Drive at 6 a.m. The arrested individuals had a stolen car and were involved in a homeinvasion in Connecticut.

Mayor Parisi asked that proclamations be prepared for the November meeting for Rene'Lerner and Yvonne Favaro who were both honored by Bergen County as Volunteers of the Year.


Mr. Kasoff reminded everyone that there will be an election on November 7 and encouragedall to make sure they vote.

COUNCILMANPERIN: Sanitation, Lighting

The Fall Soccer Program is 1/3 completed. The kids are having fun.

The DPW has given out yellow recycling containers to all residents.

Mr. Perin and the Borough Engineer have been discussing the status of Van Nostrand Ave.The is poor water management, the curbs are in bad shape, the raised burro is causing trees

MAY 05 2009


2006-000207-REV1


06-181OCTOBER 18, 2006

to die. The site plan has not be adhered to.They are going to recommend their bond not be released until all problems with the projectare corrected . The Borough Attorney will write owner of the property to get the name oftheir attorney in order to get a better respons e to their letters.


The recreation program is great.Still going on are: soccer, exercise, yoga, eleven year old little league .The senior baseball tearn played a tearn from the Bronx and won.

There will be a Halloween party on October 31 and the Upper School.

Fire Report: Fire Prevention Week at the Schools.There was one small garage fire during the month. Sunday will be a training session..,


There was no Planning Board meeting last month.

COUNCILMAN MANOLIO: DPW, Building & Grounds, Recycling, Bd. OfAdj.

There were no application before the Board of Adjustment last month.

The Chamber of Commerce has awarded a contract to redo the comer of Palisade Avenueand 9W. It should be completed by the end of October or the first week ofNovember.

Leafpick up began on October 15 and will end on December 15.

New recycling containers have been given to all residents.

BD. OF HEALTH:

Pre-registration for the flu shots will by on October 23 from 10-12, 2-4 and 6-8.Flu shots will be given on November 2 from 4-7 p.m. at Upper School.A postcard will be mailed to all who sign up as to what time they should come for their shot.The vaccine has been donated by the Chamber of Commerce.


AJM will comple te the paving of Roberts Road and Lyncrest Road in the spring after theEngineer revisits the condi tion of the road.

The Mayor, Steven Boswell, Berni e Mirandi, Mr. Bialko and the Borough Attorney met todiscuss the drainage during Ernesto and the condition of the storm drains.

Mr. Corriston wants the name of the attorney for the VanNostrand project owner.

MAY 05 2009


2006-000208-REV1


06-182OCTOBER 18, 2006

He will send him a letter informing him that the Borough is contemplating going to theirBonding Company informing them ofproposed litigation if there is no cooperation.


Mr. Mirandi informed the Council that he working with Mr. Sal Mele of the DPW inidentifying and surveying the drainage issues that occurred during Ernesto. Video are being made toget data. A plan will be presented to the Mayor and Council.

POLICE DEPARTMENT:

Chief Bauernschmidt also congratulated Sgt. Monissey and Pt!. Shaloub for the arrest theymade.

Lt. Murray is celebrating his 29"' year on the force.

The Chief is meeting with State and County officials to try to solve the traffic problem at theinte rsection of 9W and Pali sade Avenue.

Englewood Cliffs hosted a seminar at St. Peters College on how Communities can "FightGangs." Two retired police officers offered the seminar: 12 the day was about gangs and theother 12 was about fake II)' s.

The Borough will be received the AAA Safety Award on October 24.

PUBLIC PORTION: On a motion by Manolio, seconded by Kasoff, the meeting was opened to thepubli c. Carried,

Ms. Breen, Van Nostrand Ave. asked about the speeding on Hu dson Terrace.There should a dead end sign and a resident parkin g only sign on Van Nostrand.

Ms. Jehn introduced her new assis tant editor for View on the Cliffs, Shirley Raffae!'

Mrs . O'Shea asked about Chief Murphy's Terminal Leave pay ; if Mayor Pari si had anyinvolvement with the new Cliffs Steakhouse.She also asked when Closed session minutes would be release d.Mr. Coniston informed her that the Clerk would be looking at them and will recommendthose that can be released to the Counc il.

Mr. Dryer asked how the Council can prevent the Murphy incident from re-occuring.Mayor told him that all retire es must have a resolution.

Mrs . McMorrow asked the Mayor why she received an e-mail inviting ber to the EnglewoodCliffs Democratic Dinner Dance. How did he get her e-mail address.

Mr. Glinert, Jean Drive asked if the Borough was getting good use from the message board.The Chief said we were.

MAY 05 2009


2006-000209-REV1


06-183OCTOBER 18, 2006

Mr. Cioffi informed the Council that many street lights were out south ofPalisade Avenue.ChiefBauemschmidt said he was aware of the situation and PSE&G was sending a crew aftermidnight to fix the lights.

Mr. Mungioli said he had a 42 page Borough ethics form which he says the Council members did notfollow. Mr. Coni ston said he would review it.

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

On a motion by Manolio, seconded by Drimones, the meeting was adjourned at 9:50 p.m,

ArrEST:


APPROVED:

JO&EPH C. PARISI JR, MAYOR

MAY 05 2009


2006-000210-REV1


06-184


MINUTES OF THE CAUCUS MEETING OF NOVEMBER 8, 2006




ALSO PRESENT:

Borough AttorneyBorough EngineerChief of PoliceSupt. of Public Works


Joseph C. Parisi, Jr.Dan PlawkerThomas ManolioPatricia DrimonesJerry KasoffLynn Norton, .Patrick Perin

Kevin Corriston, Esq.Bernard MirandiThomas Bau,ernschmidtRodney 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 Municip al 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.

VOUCHERS WERE SIGNED BY THE FINANCE COMMlTTEE.

On a motion by Manolio, seconded by Perin, resolution 06-97 was offered for adoption:





MAY 05 2009


2006-000211-REV1


.,

06-185NOVEMBER 8, 2006

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

LITIGATION - COMMERCE BANK

The Closed session began at 6:45 p.m. and ended at 6:50 p.m.

MINUTES OF THE: Caucus Meet ing of October 18, 2006 and Regular Meeting of October 18,2006 were placed on the Regular Agenda for approval.

THE FOLLOWING REPORTS WERE PLACED ON THE REGULAR AGENDA FORAPPROVAL . .

Police Report of October, 2006Court report of October, 2006Construction Code Official's Report of October, 2006

BIDS:Renovation of482 Hudson Terrace

Mr. Santini, Architect for the project recommended that all bids be rejected since they allexceeded the bonded amount. The Council will rejec t all bids at the regular meeting .

Third Party Elevator Inspection

Mr. Marcus, Construction Official, upon reviewing all bids, recommended that the bid ofEIC Elevator Inspections be accepted. The Council will approve the bid of EIC at the regularmeeting.


06-83 Tax Appeal Settlement, Getty Petroleum06-93 Accept donation from TAG Corp for downstream improvements06-94 Special emergency Resolution NJ.S.A. 40A:4-53

THE FOLLOWING ORDINANCES WERE PLACED ON THE REGULAR AGEND A FORINTRODUCTION:

2006-232006-242006-252006-262006-27

Amend Construction Code Fee ScheduleAmend Tree Preservation OrdinanceAmend Developers Fee Ordinance - COAHAmend Chapter XXX, Section 30-8.dAuthorizing an Emergency Appropriation NJ .S. 40A :4-53

MAY 05 2009


2006-000212-REV1


06-186NOVEMBER 8, 2006

REPORT OF STANDING COMMITTEES

Councilman Perin: Sanitation

Mr. Perin reported that he, the Borough Attorney, Borough Engineer and Superintendent ofPublic works were meeting with Skyrnark Homes on Thursday morning.

Councilman Plawker: Finance, Historical, Economic Development

Mr. Plawker stated that he will contact IDS. Jehu as to the status of the newsletter. Since hesent in material a while ago, much of it will be outdated.

Mr. Plawke r also reported that the Police Department want to start the application processfor new patrolman. It has to be done quickly because the next academy class begins in January.

Mayor Parisi:

Thanked Ms. Fehre for getting cable for the Sisters of St, Joseph of Peace .

The corne r of Palisade and 9W should be completed by the end of the week. This is beingpaid for by the Chamber ofCommerce.

Councilwoman Norton:

Ms. Norton asked about the status of Witte Field. Mr. Mirandi said he had received pricingfrom a contactor for the additional depth and was meeting with him on Monday the 13"'.

REPORT OF BOROUGH ENGINEER

Mr. Mirandi reported that they are surveying all areas where there are water proble ms.

Mayor Parisi will appoint an Ad Hoc committee to study stormwater problems. He will appointCouncilman Manolio, Councilwoman Drimones, Mr. Miran di and Mr. Bialko to the committee at theregular meeting.

ADJOURN: On a motion by Manolio, seconded by Perin, the meeting was adjourned at7:15 p.m. Carried.

ATTEST:


APPROVED:


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06-187


MINUTES OF THE REGULAR MEETING OF NOVEMBER 8, 2006




ALSO PRESENT:

Municipal AttorneyMunicipal EngineerDeputy Chief of PoliceSuperintendent DPW

Joseph C. Parisi Jr.Dan PlawkerThomas ManolioPatricia DrimonesJerry KasoffLynn NortonPatrick Perin- .

Kevin Corriston, Esq.Bernard MirandiMichael CioffiRodney Bialko


MAYORPARlSI STATED:

ADEQUATE NOTICE OF rars MEETING WAS GIVEN TO THE PRESS AND POSTED ASREQUlRED. DATE AND TIME OF rms MEETING WAS 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 rms MEETING WILL BE MADE AVAlLABLE TO THE PUBLIC UPON THECOMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.

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

Caucus Meeting of October 18, 2006Regular Meeting of October 18, 2006

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

Police Report of October, 2006Court Report of October, 2006Construction Code Officials Report of October, 2006

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06-188NOVEMBER 8,2006

CLAIMS:

On a motion by Norton, seconded by Manolio, the Claims for the month of November, 2006 wereordered paid.

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

••

MAY 05 2009


2006-000216-REV1


06-189NOVEMBER 8, 2006

RESOLUTIONS:

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



RESOLUTION 06-83

RE: TAX APPEAL, GETTY PETROLEUM

WHEREAS, Getty Petroleum, located at 490 Sylvan Avenue, has filed real property taxappeals for years 2005 and 2006 which are presently pending in the Tax Court of New Jersey;and

WHEREAS, discovery has been completed and appraisals submitted; and,

WHEREAS, settlement has heen negotiated and recommended;


RESOLVED by the Mayor and Council of the Borough of Englewood Cliffs that the taxattorney be and is hereby authorized and directed to execute any and all documents necessary inorder to effectuate settlement of the presently pending litigation entitled Getty Petroleum v.Englewood Cliffs, so that the 2005 and 2006 assessments shall be reduced from $1.575 million to$1.2 million ; and be it further

RESOLVED, that the aforesaid settlements are predicated UpOD a full waiver ofany andal pre-judgment interest by the taxpayer.

On a motion by Manolio, seconded by Norton, Resolntion 06-93 was offered for adoption:


RESOLUTION 06-93

TITLE: ACCEPT OFFER OF DONATION FOR DOWNSTREAM IMPROVEMENTS

WHEREAS, TAG New Sylvan Corporate Center LLC is desirous of donating a sum of moneyfor downstream improvements; and

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06-190NOVEMBER 8, 2006

WHEREAS, a donation in the amount of $175,000.00 has been received by Englewood CliffsCFO; and

NOW, THEREFORE,

BE IT RESOLVED that the Englewood Cliffs Mayor and Council does hereby accept thegenerous donation, by the TAG New Sylvan Corporate Center LLC, of $175,000.00 fordownstream improvements in the Borough of Englewood Cliffs.

On a motion by Perin, seconded by Ka soff, Resolution 06-94 was offered for adoption:

ROLL CALL:AYES:

TITLE:

Plawker, Manolio, Drimones, Kasoff, Norton, Perin"

RESOLUTION 06-94

SPECIAL EMERGENCY RESOLUTION N.J.S.A. 40A:4-53

WHEREAS, an ordinance has been adopted creating,a special emergency appropriation of$100,000 for reassessment ofreal property and no adequate provision was made in the 2006 budgetfor the aforesaid purpose, and N.J.S.A. 40a:4-53 provides for the creation of a special emergencyappropriation for the purpose above mentioned; and

WHEREAS, the tota l amount of Emergency Appropriations created including theappropriation to be created by this resolution is ........$100,000.00;

NOW, THEREFORE BE IT RESOLVED (not less than two-thirds of all the membersthereof affirmatively concurring) that in accordance with N.J.S .A. 40A4-48 and 40A:4-53:

1. A special emergency appropriation be and the same is hereby made forReassessment ofReal Property $100,000.00

2. Total amount per ordinance is for $100,000 and the Mayor & Council herebyrequests that an exclus ion from the 5% "Cap" be granted by the Director of theDivision of Local Government Services in accordance with P.L. 1981Chapter 56in the amount of $20,000.00 per year in the budgets of the next five succeedingyears commencing with the budgets of 2007 in accordance with 40A:4-55 ( C ).

3. That an emergency note or notes be authorized not in access of $I OO,OOO, theamount appropriated by ordinance as stated above.

4. That said note or notes shall be dated as needed and may be renewed from timeto time and at least 1/5 of all such notes and renewals thereof shall mature and bepaid in each fiscal year thereafter until all are paid.

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06-192NOVEMBER 8, 2006

5. Th at three certified copies of the resolution be filed with the Director of theDivision of Local Government Services.


OlID.INAJN<CE TRoDTICTION

ORDINANCE 2006-23 .

AN ORDINANCE AMENDING CHAPTER IX, ENTITLED ''BUILDING AND HOUSING"SPECIFICALLY SUBSECTION 9-1.3 FEES, OF TlIE BOROUGH OF

ENGLEWOOD CLIFFS, COUNTY OF BERGEN, STATE OF NEW JERSEY


The Mu nicipal Clerk read the said ordinance by title. Mr. Manolio mo ved the ordinancebe adopted on first readin g and published in the Press Journ al on November 16, 2006.

The public hea ring to be held on December 20,2006. Motion was seco nded by Drimones.;

Th e ordinance was approved at the first reading upon the call of the roll.


COUN CILWOMAN NORTON INTRODUCED AN ORDINANCE ENTITLED :

ORDINANCE 2006-24

AN ORDINANCE AMENDING CHAPTER XXX, ZONING, SECTION 30-22 ENTITLED"TREE PRESERVATION AND REMOVAL FOR RESIDENTIAL LOTS" SPECIFICALLY

SUB-SECTION 30-22.10 OF THE BOROUGH OF ENGLEWOOD CLIFFSCOUNTY OF BERGEN, STATE OF NEW JERSEY

Ms. No rton moved the ordinance be given its first reading . So ordered.

The Municipal Clerk read the said ordinance by title. Mr. Manolio moved the ordinancebe adop ted on first reading and published in the Press Journal on November 16, 2006.The public hearing to be held on December 20, 2006. Motion was seconded by Manolio.

The ordinance was approved at the first reading upon the call of the roll.AYES: Plawker, Manolio, Drimones, Kasoff, Norton, Perin

MAY 05 2009


2006-000219-REV1


06-193NOVEMBER 8, 2006

MR. MANOLIO INTRODUCED AN ORDINANCE ENTITLED:

ORDINANCE 2006-25

DEVELOPERS FEE ORDINANCE(Modified October 26, 2006)


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 No;'ember 16, 2006.

The public hearing to be held on December 20, 2006. Motion was seconded by Ms. Norton.

The ordinance was approved at the first reading upon the call of the roll .AYES : Plawker, Manolio, Drimones, Kasoff, Norton, Perin

Mayor Parisi and Councilman PIawker recused themselves from participation on theintroduction of this ordinance.


ORDINANCE 2006-26

AN ORDINANCE AMENDING CHAPTER XXX ENTITLED "ZONING" SPEC IFICALLYSECTION 30-8.d.

Ms. Drimones moved the ordinance be given its first reading. So ordered .

The Municipal Clerk read the said ordinance by title. Ms. Drimones moved the ordinancebe adopted on first reading and published in the Press Journal on November 16, 2006.

TIle public hearing to be held on December 20, 2006 Motion was seconded by Councilman Perin.

The ordinance was approved at the first reading upon tile call of the roll.AYES: Manolio, Drimones, Kasoff, Norton, Perin

RECUSED: Plawker

A copy of this ordinance is to be sent to the Planning Board.

MAY 05 2009


2006-000220-REV1


06-194NOVEMBER 8, 2006

COUNCILWOMAN NORTON INTRODUCED AN ORDINANCE ENTITLED :

ORDINANCE 2006-27

AN ORDINANCE AUTHORIZING AN EMERGENCY APPROPRIATIONN.J.S.A. 40A:4-53

Councilwoman Norton moved 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 published in the Press Journal on November 16, 2006.

The public hearing to be held on December 20, 2006 Motion was seconded by Mr. Perin.

The ordinance was approved at the first reading upon the call of the ",11.AYES: Plawker, Manolio, Drimones, Kasoff, Norton, Perin

BIDS:

Renovation of482 Hudson Terrace:

On the recommendation of the project architect, all bids were rejected because theyexceeded the amount of money appropriated for the job.

On a motion by Manolio, seconded by Norton, the bids were rejected:

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

The project will be re-bid and bids will be accepted on November 17, 2006.

T hird Party Elevator Inspections:

On the recommendation of the Construction Official, the bid of ErC Inspections wasaccepted. A contract of appointment will be prepared and the appointment made at the reorganization meeting.

On a motion by Manolio, seconded by Norton, the bid of ErC Inspections was accepted forterm oftwo (2) years.


MAY 05 2009


2006-000221-REV1


06-195NOVEMBER 8, 2006

COMMITfEE REPORTS:

The Mayor and Council members thanked the public for their support in the General Election and forreturning all incumbents to office.


The Councilman thanks the Mayor and Councilman Perin for their aid in getting him reelected.


The soccer program has two weeks left. Championship games will take place this weekendand next weekend. Next weekends' games will coordinate with the Run for George for pancreaticcancer.

"The Councilman is meeting with the people from Van Nostrand on Thursday. Included in

the meeting are the Municipal Attorney, Engineer and Superintendent of Pub lic Works .


Basketball registration form s will be out soon. The season starts in January.,

Even with the limit ed gym space at the Upper School , all the pro grams have been able toschedule themselves very well .

Yoga and Aerobics are still going on .

Mayor Parisi asked if it were possible to create a tennis club.

COUNCILMAN PLAWKER: Police, Historical , Economic Development

The Police Department expects to lose 5 officers in the next few years . He would likeauthorization to begin the testing proces s.

On a motio n by Plawker, seconded by Manolio, the Deputy Chief was authorized to get the testingprocess going.

Mr. Plawker asked Ms. Jehn on the status of the New sletter. Ms . Jehn said she needs newcopy because most of the copy she has is outdated. Also, she is waiting for pictures from the PoliceDepartment.

Chief Bauernschmidt became a grandfather for the third time.

He has a letter of commendation from a resident praising Sgt . Rushworth, Pt!. Mum, and Pt!.Romano.

MAY 05 2009


2006-000222-REV1


06-196NOVEMBER 8, 2006

COUNCILWOMAN DRIMONES:

No Report

COUNCILMAN MANOLIO:

Ambulance COIpS, Beautification, Plarming Board

DPW, Building & Grounds, Recycling, Bd. Of Adj.

The Board ofAdjustment is meeting on November 13.

Mr. Manolio asked the residents to try to keep the storm drain plates free ofdebris.


No Report


Plans have been drawn for the 2006 road improvement project which will be implemented inthe spring.

DPW:

IMr. Bialko said all recycling containers have been given out.It was suggested that a recycling container be placed at'Witte Field .

POLICE:

The police have met with state and county officials about the intersection of 9W andPalisade Avenue.

The police were at VanNostran d Avenue and think they have the problems resolved.

MAYOR PARISI:

The Mayor thanked the Police Department, the DPW , Lizette Duffy, and Natalie Ashwal fortheir assistance at the Halloween party.

The Borough has received the AAA Safety Award.

BOARD OF HEALTH:

M s. Fehre said between 325 and 350 flu shots were given out. On November 21 thehomebound shots and emergency personnel will be give out. By the first week of December thereshould be a surplus and we may be able to take care ofanyone else.

PUBLIC PORTION: On a motion by Manolio, secon ded by Kasoff, the meeting was opened to thepublic. Carried .

.'

MAY 05 2009


2006-000223-REV1


06-197NOVEMBER 8, 2006

Ms. Breen asked about the status of Van Nostrand Avenue. Mr. Perin told her what was going on.She informed the council that there was massive water flowing from the Citicorp property . Mr.Mirandi said he would be there in the morning to check it out.

Ms. Breen told Mr. Mirandi that the drain on the Nesti property was put in by the developer. Mr.Mirandi was meeting with the developer in the morning and would ask him about it.

Mr. Mungioli asked about the council involvement in the North Jersey bank and they should haveincluded that fact on their Code ofEthics forms.

Ms. O 'Shea asked about the substance of ordinance 2006-26. The clerk read the title again and saidthat she could have a copy of the ordinance in the morning.

Ms . McMorrow asked that the Mayor cons ider her for appointment to the planning board.

Ms. Breen invited all to an interfaith service at St. Paul's Church in Englewood on November 22.

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

On a motion by Drimones, seconded by Perin, the meeting was adjoumed at 9:05, p.m.

ATTEST:

J OSEPH FAVARO, MUNICIPAL CLERK

APPROVED:

J OSEPH C. PARtS1 JR., MAYOR

MAY 05 2009


2006-000224-REV1


06-198BOROUGH OF ENGLEWOOD CLlFFS

NEW JERSEY

MlNUTES OF THE SPEClAL MEETING OF THE MAYOR AND COUNCIL

DATE:

PURPOSE:



MAYORCOUNCIL PRESIDENTCOUNCILMANCOUNCILWOMANCOUNCILMANCOUNCILWOMANCOUNCILMAN

ALSO PRESENT:

MUNICIPAL ATTORNEYDEPUTY CLERK

JOSEPH C. PARtSI JR.ILAN PLAWKEl;(THOMASMANOLIOPATRICIA DRIMONESJERRY KAS'OFFLYNN NORTONPATRICK PERIN

..E. C. CORR,ISTONDEBORAH FEHRE

OPEN PUBLIC MEETINGS ACT STATEMENT :

"ADEQUATE NOTICE OF THIS 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.

On a motion by Norton, seconded by Perin, resolution 06-100 was offered for adoption.


MAY 05 2009


2006-000225-REV1


06-199



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 puhlic,


LITIGATION

McMORROW & GALLAG1;IERCOMMERCE BANK

Closed session began at 8:05 p.m. and ended at II :25 p.m.

On a motion by Manolio, second by Kasoff, the council returned..to open session. Carried.

On a motion by Manolio , seconded by Kasoff, the meeting was adjourned. Carried.

ATTEST:


APPROVED:

JOSEPH C. PARtSlMAYOR

MAY 05 2009


2006-000226-REV1



NEW JERSEY

MINUTES OF THE SPECIAL MEETING OF THE MAYOR AND COUNCIL

DATE: DECEMBER 19, 2006

PURPOSE: INTERVIEW POLICE CANDIDATES



MAYORCOUNCIL PRESIDENTCOUNCILMANCOUNCILMANCOUNCILWOMAN


COUNCILWOMANCOUNCILMAN

ALSO PRESENT:

CHIEF OF POLICE

JOSEPH C. PARISI JR.ILAN PLAWKERTHOMAS MANOLIOJERRY KASOFFLYNN NORTON

PATRICIADRIMONESPATRICK PERIN

THOMASBAUERNSCHMITDT

OPEN PUBLIC MEETINGS ACT STATEMENT:

"ADEQUATE NOTICE OF THIS 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 PUB LIC MEETINGS ACT. "THIS NOTICE IS ON FILE WITH THE BOROUGH CLERK AND POSTED ON THEBULLETIN BOARD.

On a motion by Manolio, seconded by Kasoff, resolution 06-104 was offered for adoption.

Roll Call: .Ayes:Absent:

Plawker, Manolio, Kasoff, NortonDrimones, Perin

MAY 05 2009


2006-000227-REV1


06-201


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 Englewoo d Cliffs has deemed itnecessary to go into closed session to discuss certain matters which are exempted from the public,


INTERVIEW POLlCE CANDIDATES

Closed session began at 3:05 p.m. and ended at 6:15 p.m,

On a motion by Norton, secon d by Manolio, the council returned to open session. Carried.

On a motion by Norton, seconded by Manolio , the meeting was adjourned. Carried.

ATTEST:


APPROVED:

JOSEPH C. PARISIMAY OR

MAY 05 2009


2006-000228-REV1


06-202


MINUTES OF THE CAUCUS MEETING OF DECEMBER 20,2006



MayorCounc il PresidentCouncilmanCouncilwomanCouncilmanCouncilwoman

ABSENT AT ROLL CALL :

Councilman

ALSO PRESENT:

Borough AttorneyBorough EngineerChief ofPoliceDeputy Police ChiefSupt. of Public Works


Joseph C. Parisi, Jr.nan PlawkerThom as ManolioPatricia DrimonesJerry KasoffLynn Norton

Patrick Perin

E. Carter Corriston, Esq.Bernard MirandiThom as BauemschmidtMichael CioffiRodney Bialko


On a motion by Manolio, seconded by Norton, resolution 06-97 was offered for adoption.

Roll Call:Ayes:Absent:

Plaw ker, Manolio, Drimones, Kasoff, NortonPerin

MAY 05 2009


2006-000229-REV1


06-203DECEMBER 20, 2006




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

CONTRACT NEGOTIATIONTIME WARNER FRANCmSE

POLICE INTERVIEW DISCUSSION

The closed session began at 6:35 p.m. and ended at 7:30 p.m.,


MINUTES OF THE: Caucus Meeting ofNovember 8, 2006 and Regular Meeting ofNovember 8,2006 were placed on the Regular Agenda for approval.


Police Report of November, 2006Court report of November, 2006Construction Code Official's Report of November, 2006Collector/Treasurer's Report of September & October, 2006


Borough Attorney COAH Compliance

Mr. Corriston explained that in order to satisfy COAH regulations, the Borough has to adopttwo ordinances. One of those ordinances will adopted tonight and the other early next year.This should put Englewood Cliffs in compliance.

Ruth Paston, Summit Street Jack Hamm er Noise

The Council authorized the Borough Attorney and Engineer to investigate how we canhandled this noise situation. Is it legal to put what hours jack hammers can be used and forhow long.

MAY 05 2009


2006-000230-REV1


06-204DECEMBER 20, 2006

BIDS: Renovation of482 Hudson Terrace

All bids came in exceeding the bond amount allocated for the project. It was recommendedthat all bids be rejected and that the Borough negotiate with the lowest bidder.


06-9506-9606-9806-9906-10106-10206-10306-10506-106

Appointment ofMunicipal Clerk, as ofJanuary 1, 2007Retirement ofMunicipal ClerkAccept Donation from Martin Cadillac .Approve Raffle Application ofVol. Fire DepartmentPromotion of Lt. Murray to CaptainConfum Endorsement of CD project for Bd. of EducationOppose consolidation of Boards ofHealthTransfer ofFundsAuthorize Mayor to Sign agreement with AJM Contractors

,THE FOLLOWING ORDINANCES WERE PLACED Ol'j' THE REGULAR AGENDA FORSECOND READING/ PUBLIC HEARING.

2006-232006-242006-252006-262006-27

APPOINTMENTS:

NEW BUSINESS:

ADJOURN:

ATTEST:

Amend Construction Code Fee ScheduleAmend Tree Preservation OrdinanceAmend Developers Fee Ordinance - COAHAmend Chapter XXX, Section 30-8.dAuthorizing an Emergency Appropriation NJS 40A:4-53

Deborab Fehre, Municipal Clerk, as of January I, 2007Resolution 06-95

PROCLAMATIONS FOR FIRE AND POLICE

APPROVED:

JOSEPH FAVARO, MUNICIPAL CLERK JOSEPH C. PARlSI JR, MAYOR

MAY 05 2009


2006-000231-REV1


06-205


MINUTES OF THE REGULAR MEETING OF DECEMBER 20, 2006



MayorCouncil PresidentCouncilmanCouncilwomanCouncilmanCouncilwoman


Councilman

ALSO PRESENT:

Municipal AttorneyMunicipal EngineerChief ofPoliceDeputy Chief ofPoliceSuperintendent DPW

Joseph C. Parisi Jr.n an PlawkerThomas ManolioPatricia DrimonesJerry KasoffLynn Norton

Patrick Perin

, .E. Carter Com ston, Esq.Bernard MirandiThomas BauernschmidtMichael CioffiRodney 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."rms 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


2006-000232-REV1


06-206DECEMBER 20, 2006

MAYOR PARISI PRESENT THE FOLLOWING PROCLAMATIONS :

PROCLAMATION

ON NOVEMBER 22, 2006, LIEUTENANT DOUGLAS SPEIDEL RECEIVED A FIREALARM CALL FOR A WORKING FIRE AT 180 CHESTNUT STREET. LT. SPEIDELCOMMANDED THE SITUATION IS A MOST PROFESSIONAL MANNER ANDDISPAT CHED UNITS , FIRE APPARATUS, PERSONNEL IN ORDER TO GET THE FIREUNDER CONTROL.

IT WAS CONFIRMED THAT IT WAS IN REALITY A WORKING FIRE WITH TWOELDERLY PEOPLE TRAPPED ON THE SECOND FLOOR.

PATROLMAN KEITH WICKER AND PATROLMAN BRIAN MURPHY UPON ARRIVALMADE A VALIANT ATTEMPT TO GO UP TO THE SECOND FLOOR, BUT WEREDRIVEN BACK BY HEAVY SMOKE AND HEAT.

UNDER THESE HEAVY SMOKE CONDITIONS A SEARCH CREW OF FIREFIGHTERSJACK SARDIS, MIKE CIOFFI AND CHRISTIAN DRIMONES ALONG WITH FORT LEEBATTALION CHIEF, JEFF BERNARD; TENAFLY FIRE CHIEF, RlCHARD PHILPOTT;AND ENGLEWOOD FIRE CHIEF , ROBERT MORAN; CONDUCTED THE SEARCH UNTILCHIEF PHILPOTT FOUND THE ELDERLY COUPLE IN ABATHROOM. LIEUTENANTHOWARD MANN ALONG WITH FIREFIGHTER JOHN CIOFFI HAD ADVANCED A LINETO THE FIRE ROOM TO SUPPRESS THE FIRE AND ENABLE THE SEARCHERS TOREACH THE ELDERLY COUPLE.

BECAUSE OF THE GALANT EFFORTS OF ALL INVOLVED, LIVES WERE SAVED ANDA DANGEROUS FIRE EXTINGUISHED.

THE MAYOR AND COUNCIL OF THE BOROUGH OF ENGLEWOOD CLIFFS WISHES TOCOMMEND ALL WHO WERE INVOLVED IN FIGHTING THIS DANGEROUS FIRE .

FORT LEE BATTALION CHIEF, JEFF BERNARDTENAFLY FIRE CHIEF, RlCHARD PHILPOTTENGLEWOOD FIRE CHIEF, ROBERT MORAN

ECFD LIEUTENANT HOWARD MANNECFD FIREFIGHTER JOHN CIOFFI

ECFD FIREFIGHTER CHRISTIAN DRIMONESECFD FIREFIGHTER JACK SARDIS

ECFD FIREFIGHTER MICHAEL CIOFFI

ECPD LIEUTENANT DOUGLAS SPEIDELECPD PATROLMAN BRIAN MURPHYECPD PATROLMAN KEITH WICKER

MAY 05 2009


2006-000233-REV1


06-207DEC EMBER 20, 2006

On a motion by Plawker, seconded by Manolio, resolution 06-101 was offered for adoption:



RESOI.,lJm!0N 06.' Oil'

RE: PROMOTION OF POLICE OFFICER

WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs is desirous ofpromoting a certain police officers to the position of Captain; and'

WHEREAS, it is the desire of the Council to render this appointment effective as ofDecember 20, 2006; .


RESOLVED by the Mayor and Council of the Borough of Englewood Cliffs thatLieutenant George Murray be and is hereby promoted from the rank of Lieutenant to the rank ofCaptain, said promotion to be effective as ofDecember 20, 2006; and be it further

RESOLVED that Captain Murray' salary is to be as set forth in the 2006 Salary Ordinancefor Police Captain.

Captain Murray was given the Oath of Office by Superior Court Judge, Bonnie Mizdo!.

On a motion by Norton, seconded by Drimones, resolution 06-95 was offered for adoption:


Plawker, Manoli o, Drimones, Kasoff, NortonPerin

RESOLUTION 06-95

RE: APPOINTMENT OF MUNICIPAL CLERK

WHEREAS , as a result of the retirement ofMunicipal Clerk, Joseph Favaro, a vacancyshall exist, in of office of the Municipal Clerk, as ofJanuary I, 2007; and

WHEREAS , NJ.S .A. 40A:9-133 requires that a Registered Munic ipal Clerk be appointedas the new Clerk for a term of three (3) years; and

MAY 05 2009


2006-000234-REV1


06-208DECEMBER 20, 2006

WHEREAS, Deborah Fehre, Deputy Municipal Clerk, has attained the designation of RegisteredMunicipal Clerk; and

WHEREAS, the Municipal Clerk, Joseph Favaro, has recommended Deborah Fehre forthe position ofMunicipal Clerk;

NOW THEREFORE BE IT

RESOLYED, that that the Mayor and Council hereby appoints Deputy Municipal Clerk,Deborah Fehre to the position of Municipal Clerk for a term of three (3) years effective January I ,2007 .

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

Caucus Meeting of November 8, 2006Regular Meeting of November 8, 2006


Police Report of November, 2006Court Report of November, 2006Construction Code Officials Report of November, 2006Collector Treasurer's Report of September & October, 2006

CLAIMS:

On a motion by Norton, seconded by Manolio, the Claims for the month of December, 2006 wereordered paid.

Ayes:Absent:


MAY 05 2009


2006-000235-REV1


06-209DECEMBER 20, 2006

RESOLUTIONS:

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



Plawker, Mauolio, Drirnones, Kasoff, NortonPerin

"BOROUGH OF ENGLEWOOD CLIFFS


RESOLUTION 06-96

RE : RETIREMENT OF JOSEPH FAVARO, MUNICIPAL CLERK

WHEREAS, Joseph Favaro, Municipal Clerk has applied for retirement as ofDecember 31,2006; aud

WHEREAS, The Mayor and Council of the Borough of Englewood Cliffs desires toreach an agreement with Joseph Favaro, Municipal Clerk, concerning his retirement andaccumulated compensation;

NOW, THEREFORE BE IT RESOLYED by the Mayor aud Council of the Boroughof Englewood Cliffs that the retirement of Municipal Clerk, Joseph Favaro, effective as ofDecember 31,2006, be and is hereby accepted subject to the adoption of this resolution; aud be itfurther

RESOLYED that Municipal Clerk, Joseph Favaro shall be entitled to the followingcompensation in keeping with past practices regarding retirement from the Borough ofEnglewood Cliffs:

I . Three (3) months terminal leave;2. Accumulated sick pay for 150 days;3. Any unused vacation/compensation time/personal days, including 20064. Delta Dental Family Coverage.

AND BE IT FURTHER

RESOLYED, that the Chief Finaucial Officer detenmined the total payment dueMunicipal Clerk, Joseph Favaro, is $125,133.58 to be paid in three installments. Each installmentto be made in January of 2007, 2008 and 2009,

MAY 05 2009


2006-000236-REV1


06-210DECEMBER 20, 2006

On a motion by Norton, seconded by Kasoff, Resolution 06-98 was offered for adoption:

ROLLCALL:AYES:ABSENT:ABSTAIN:

Plawker, Drimones, Kasoff, NortonPerinManolio

RESOLUTION 06-98

TITLE: ACCEPT OFFER OF DONATION TO ENGLEWOOD CLIFFS POLICE DEPT.

WHEREAS, Martin Cadillac LLC, 374 Route9 West, Englewood Cliffs, NJ, is desirous ofdonating a two (2) year lease for a 2006 Denali vehicle for use by the Englewood Cliffs PoliceDepartment; and .,

WHEREAS, the acceptance of the two (2) year lease donation for·this vehicle is recommendedby Chief Bauemschmidt of the Englewood Cliffs Police Department; and

WHEREAS, all insurance for the Denali will be covered under the Boroughs' Vehicle Insurancewith the South Bergen Joint Insurance Fund;

NOW, THEREFORE,

BE IT RESOLVED that the Englewood Cliffs Mayor and Council does hereby accept thegenerous offer of a donation, Martin Cadillac LLC, of the two (2) year lease for a 2006 Denalivehicle.




RESOLUTION 06-99

RE: APPROVAL OF RAFFLE LICENSEID#133-9-35850ENGLEWOOD CLIFFS FIRE DEPARTMENT INC.

WHEREAS, the Englewood Cliffs Fire Dept. Inc. has applied for an Off-Premise rafflelicense ; and

WHEREAS, the Englewood Cliffs Fire Dept. Inc. has complied with all requirements asoutlined in NJ .A.C. 13; and

WHEREAS, the Findings and Determination has been certified by the Chief of Police;

MAY 05 2009


2006-000237-REV1


06-211DECEMBER 20, 2006

NOW , THEREFORE, BE IT

RESOLVED, that the Mayor and Council of the Borough of Englewood Cliffs doeshereby approv e the issuance of an Off-Premise raffle license Englewood Cliffs Fire Dept. Inc.

BE IT FURTHER RESOLVED that an Off-Premise raffle will be conducted on FebruaryI I , 2007 at the Englewood Cliffs Fire Department, located at 475 Sylvan Avenue, in theBorough ofEnglewood Cliffs;

On a motion by Plawker, seconded by M anolio, Resolution 06-102 was offered for adoption:



RESOLUTION 06-102

RE: CONFIRM ENDORSEMENT OF COMMUNITY DEVELOPMENT PROJECT

WHEREAS, a Bergen County Community Development grant of$IOO ,OOO.OO has beenproposed by the Englewood Cliffs Board of Education for ACCESSIBILITY ALTERATIONSAT DISTRICT SCHOOLS in the municipality of Englewood Cliffs; and

WHEREAS, pursuant to the State Interlocal Services Act, Community Developmentfunds may not be spent in a municipality without authorization by the Governin g Bo dy; and

WHEREAS, the aforesaid project is in the best interest of the people of EnglewoodCliffs; and

WHERE AS, this resolution does not obligate the financial resources of the municipalityand is intended solely to expedite expenditure of the aforesaid CD funds;

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Borough ofEnglewood Cliffs hereby confirms endorsement of the aforesaid project; and

BE IT FURTHER RESOLVED, that a copy of this resolution shall be sent to the Directorof the Bergen County Community Development Program so that implementation of the aforesaidproject may be expedited.

On a motion by Kasoff, seconded by Manolio, resolution 06-103 was offered for adoption.

ROLLCALL:AYES:ABSENT:ABSTAIN:

Manol io, Drimones, Kasoff, NortonPerinPlawker

MAY 05 2009


2006-000238-REV1


06-212DECEMBER 20, 2006

RESOLUTION 2006 - 103

WHEREAS, current State Statute is in place that allows and facilitates consolidation andregionalization oflocal public health services that protect New Jersey' s 8.7 million residents; and

WHEREAS, NJSA 26:3A2-1 et seq. permits municipalities to participate in regionalizationefforts best suited to the needs of their residents via inter-local contracts with othermunicipalities, participating in the formation of Regional Health Commissions, or by contractingwith a county health department; and

WHEREAS, public health serves should be viewed as the model of municipal consolidation asthere are only 115 health departments serving the State's 566 municipalities; and

WHEREAS, the consolidation of public health services is similar to, and in some cases, betterthan other northeastern states that are alike in character and p~pulation density; and

WHEREAS, New Jersey's current public health system mirrors population-based public healthsystems across the country in that nationwide the majo rity .' of health departments servejuri sdictions with populations less than 50,000; and

WHEREAS, New Jersey' s current public health workforceis below the national average andprojections are that the workforce will be declining through natural attrition; and

WHEREAS, a further reduction of health departments is likely to result in an erosion of trainedand experienced individuals capable of responding to public health emergencies; and

WHEREAS, New Jersey is the most populated state in the nation and a further reduction in thenumber of health departments and personnel performing essential health services at the local levelwill result in the elimination of vital programs and services that positively impact the health ofNew Jersey residents and employees; and

WHEREAS, licensed Health Officers in the state of New Jersey function in capacities such asemergency responders and providers of direct services in addition to their administrative role; and

WHEREAS, consolidation and regionalization that adequately and appropriately preventsdisease, promotes public health and protects communities is encouraged; and

WHEREAS, consolidation solely based on arbitrary geographic boundaries is likely to notprovide the best public health services to prevent disease, promote public health and protectcommunities; and

WHEREAS, such consolidation is not likely to save taxpayer dollars but is likely to erode thecurrent public health system, and

WHEREAS, both the New Jersey State Department of Health and Senior Services and the NewJersey Health Officers Association are ·in the process of evaluating the current public healthsystem in New Jersey for the purpose of recommending potential changes to improve the system.

MAY 05 2009


2006-000239-REV1


06-213DECEMBER 20, 2006

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough ofEng lewood Cliffs is hereby opposed consolidation for the sake of consolidation and forcedconsolidation of public health services at the County level; and

BE IT FURTHER RESOLVED, that the Mayor and Council of the Borough of EnglewoodCliffs is also opposed to Senate Bill 2244 that directs the Department of Community Affairs toevaluate publ ic health systems with no basis of knowledge to do so, and repeals the statutorylanguage maintaining the current public health workforce.

On a motion by Manolio, seconded by Plawker, resolution 06-105 was offered for adoption.

ROLL CALL:AYES:AB SENT:


RESO L UTIO N 2006-10'5

RE: TRANSFER OF FUNDS BETWEEN 2006 BUDGET APPROPRIATIONS

BE IT RESOLYED by the Mayor and Council of the Borough of Englewood Cliffs that thefollowing transfers between the 2006 Budget appropriations be made:

FROM: TO:

Salary & Wages Adj. $33,752 Collection ofTaxes SfW $21,584

Streets & Roads SfW $31,000 Zoning Officer SfW $ 6,379

Recreation SfW $9,000 Bd. ofHealth SfW $ 643

Celebration Events $18,000 Assessment ofTaxes OlE $ 2,077

LOSAP $4,955 Legal Services OlE $29,826

Garbage & Trash $11.078 Engineering $ 3,000$107,785

Bd of Adj. OlE $ 8,191

Elevator Inspection $ 4,814

Senior Citizens OlE s 1,920

Social Security FICA $ 9,172

PERS $10,179

Utilities Gas & Elec. $10.000$107,785

MAY 05 2009


2006-000240-REV1


06-214DEC EMBER 20, 2006

On a motion by Manolio, seconded by Drimones, resolution 06-106 was offered for adoption.


TITLE:


RESOLUTION 06-106

AUTHORIZE MAYOR TO SIGN AGREEMENTWITH A.J.M. CONTRACTORS, INC .2005 ROAD IMPROVEMENT PROGRAM

BE IT RESOLVED, that the Borough Council of the Borough of Englewood Cliffs doeshereby authorize the Mayor to sign an agreement with AJ.M. Contractors , Inc., authorizingpayment of $50,000 for satisfactory work performed on Middlesex Avenue as part of the 2005Road Improvement Program .

On a motion by Plawker, seconded by Manolio, all bids for the renovation for the building located at482 Hudson Terrace were rejected.


Plawker, Mano lio, Drimones, Kasoff, NortonPerin



ORDINANCE 2006-23

The clerk presented affidavit ofpublication, showing that advertisement bad 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.

After ample opportunity bad been given and no one responding Ms. Drimones moved the hearing beclosed. So ordered.

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

ROLLCALL:AYES :ABSENT:


ORDINANCE 2006-23

AN ORDINANCE AMENDING CHAPTER IX, ENTITLED"BUILDING AND HOUSING"

SPECIFICALLY SUBSECTION 9-1.3 FeesOF 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: .

9-1.3 Fees

5. The fee for a permit for the demolition of a building or structure , or part thereof, shallbe five hundred ($500.00) dollars. The fee for the demolition of a commercial building orstructure, or part thereof, shall be one thousand ($1000.00) dollars. The fee for the demolition ofa garage shall be one hundred ($100 .00) dollars.

7. The fee for a permit for construction of a wood or chain link fence shall be fifty($50 .00) dollars . The fee for a permit for the construction of masonry walls shall be one hundredand fifty ($150.00) dollars. The fee for permi t for installation of railroad tie walls shall be onehundred ($100.00) dollars.

8. The fee for a permit for construction of a deck or other elevated porch area shall beone hundred and fifty ($150.00) dollars.

9. The fee for a permit for re-roofing of any residential structure or building shall be onehundred ($100.00) dollars. The fee for a permit for re-roofing of any commercial flat roof shallbe a minimum of two hundred ($200 .00) dollars to a maximum of five hundred ($500.00) dollars,calculated at twenty-five (.25) cents per square foot.

10. The fee for a permit for installation of aluminum siding shall be two hundred($200 .00) dollars.

11. The fee for the installation of a pre-fabricated shed shall be fifty ($50.00) dollars; andthe fee for installation of all other sheds shall be one hundred ($100.00) dollars.

13. The fee for a permit for construction of an in-ground swimming pool shall be twohundred and fifty ($250.00) dollars; an above ground pool shall be two hundred ($200.00)

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06-216DECEMBER 20, 2006

dollars. The fee for a permit for the installation of pavers around a pool shall be onehundred and fifty ($150.00) dollars. In addition thereto, the applicant shall be responsible for anyelectric, plumbing and fence fees.

19. The fee for a permit to construct an identification sign shall be two hundred($200 .00) dollars. The fee for a permit to construct an illuminated sign shall be five hundred($500.00) dollars .

20. The fee for placement of a brokerage sign shall be fifty ($50.00) dollars.

22. The fee for permit for installation of stucco shall be three hundred ($300.00) dollars.


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 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.orinvalid,

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

COUNCIlMAN MANOLIO CALLED UP FOR SECOND READING AN ORDINANCEENTITLED:

ORDINANCE 2006-24

The clerk presented affidavit ofpublication, showing that advertisement had been made according tolaw, which was ordered filed. Mr. Manolio moved a public hearing be held on the ordinance . Soordered. Mr. Manolio 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.



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

AYE:ABSENT:


ORDIN ANCE 2006-24

AN ORDINANCE AMENDING CHAPTER xxx, ZONING,SECTION 30-22 ENTITLED "TREE PRESERVATION AND REMO VAL

FOR RESIDENTIAL LOTS"SPECIFICALLY SUB-SECTION 30-22.10

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

BE IT ORDAINED by the Mayor and Council of the Borough of Englewood Cliffs, thattbe following shall be amended to read as follows: .

30-22 TREE PRESERVATION AND REMOVAL FOR RESIDENTIAL LOTS

30.22-10 - Protection of Existing Trees

b. In the event that any tree to be saved, planted or replaced in connection withthe construction as set forth above shall die or be in serious decline duringconstruction or within one ( I) year after completion of construction, it sball be

removed and rep laced by the applicant or the property owners withinsix (6) months or during the " first planting peri od" afte r notific ation .

f. The roots of any tree protected under this ordinance may not be cut withinfive (5) feet of its trunk.

g. A bond shall be required for existing trees six (6) inche s and over indiameter as a condition for receiving either a tree removal permit ordemoliti onapproval. Trees under eigh teen (18) inches in diameter shall require a

Five Hundred ($500.00) Dollar bond and trees eighteen (18) inches and overin diameter shall require a One Thousand ($1,000 .00) Dollar bond. The bondshall be return ed if upon inspec tion the tree is in good condition one year afterthe completion of cons truc tion which shall be the date of the fina l Certificate

of Occupancy. If the applicant or owne r does not comply, the bond moneywill go to the Shade TreeTrust Fund for planting trees on the borough right-of

way or other borough property. The maximum amount whic h the applicantshall post shall be Two Tho usand ($2,000.00) Dollars .

h. The approving authority shall have the right to enter construction sites andinspect for compliance to this section as work is in progress. This right

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06-218DECEMB ER 20, 2006

shall accrue not only to the approving authority, but to its enforcingofficers and other Borough Offi cials.

BE IT FURTHER ORDAINED tha t this Ordinance shall become effective uponadoption and publication in accordanc e with law, and

BE IT FURTHER ORDAINED tha t all ordinances or part s of ordinances other than thezoning ordinance of the borough whicb are inconsistent with the provisions of this chapter arehereby repealed to the extent of such inconsistency, and

BE IT FURTHER ORDAINED sho uld any part or provision of this Ordinance be heldunconstitutiona l or invalid, such decision shall not affect the validity of this Ordinance as a wholeor any art thereof, other than the part held so unconstitutio nal or invalid.



ORDINANCE 2006-25

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 parti eswould now be given opportunity to be heard for or against the adoption of the ordinance.

The following people spoke on the ordinanc e:

Mr. Corriston explained the COAH process.Ms. O 'Shea asked how this affected "Knockdowns"

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

Mr. Manolio moved the ordinance be adopted on second reading and fmal passage, which motionwas seconded by Ms. Drimones and adopted upon a call of the roll.

AYE:ABSENT:


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2006-000245-REV1


06-219DECEMBER 20, 2006

ORDINANCE 2006-25

AN ORDINANCE PROVIDING FOR THEDEVELOPMENT FEES PURSUANT TO

N.J.S.A. 52:27D-301 ET SEQBOROUGH OF ENGLEWOOD CLIFFS

COUNTY OF BERGEN, STATE OF NEW JERSEY1. Purpose

a) In Holmdel Builder's Association V. Holmdel Township. 121 N.J. 550 (1990), theNew Jersey Supreme Court determined that mandatory development fees areauthorized by the Fair Housing Act of 1985, NJ.S.A. 52:27d-301 ~ ~., and theState Constitution, subject to the Council on Affordable Housing's CCOAH's)adoption of rules. This ordinance establishes standards for the collection,maintenance, and expenditure of development fees pursuant to COAH's rules. Feescollected pursuant to this ordinance shall be used for the sole purpose of providinglow- and moderate-income housing. Tltis ordinance shall be interpreted within theframeworkof COAH's rules on development fees.

2. Basic requirements

a)..

The Borough of Englewood Cliffs shall not spend development fees until COAH,has approved a plan for spending such fees and the Borough of Englewood Cliffshas received third round substantive certification from COAH or a judgment ofcompliance.

3. Definitions

a) The following terms, as used in this ordinance, shall have the following meanings:

I. "Affordable housing development" means a development included in the HousingElement and Fair Share Plan, and includes, but is not limited to, an inclusionarydevelopment, a murticipal construction project or a 100 percent affordabledevelopment.

u. "COAH" means the New Jersey Council on Affordable Housing.

Ill. "Development fee" means funds paid by an individual, person, partnership,association, company or corporation for the improvement of property as perntitted inCOAH' s rules.

iv. "Equalized assessed value" means the value of a property determined by themurticipal tax assessor through a process designed to ensure that all property in themunicipality is assessed at the same assessment ratio or ratios required by law.Estimates at the time of issuance of a building perntit may be obtained utilizingestimates for construction cost. Final equalized assessed value will be determined atproject completion by the municipal tax assessor.

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06-220DECEMBER 20, 2006

4. Residential Development fees

a) Within all residential district(s), residential developers shall pay a fee of onepercent of the equalized assessed value for residential development provided noincreased density is permitted.

b) When an increase in residential density pursuant to N.J.SA 40:55D-70d(5)(known as a "d" variance) has been permitted, developers may be required to paya development fee of six percent of the equalized assessed value for eachadditional unit that may be realized. In the event that zoning on a site haschanged during the two year period proceeding the filing of the "d" varianceapplication, the bas density for the purpose of calculating the bonus developmentfee shall be the highest density permitted by right during the two-year periodpreceding filing of the "d" variance application.

5. Non-residential Development fees

a) Within all non-residential district(s), non-residential developers shall pay a fee oftwo percent of the equalized assessed value for non-residential development.

b) If an increase in floor area ratio is approved pursuant to N.J.S.A. 40:55D-70d(4),then the additional floor area realized (above what is permitted by right under theexisting zoning) will incur a bonus development fee of six percent of theequalized assessed value for non-residential development. However, if thezoning on a site has changed during tbe two-year period preceding the filing ofsuch a variance application, the base floor area for the purposes of calculatingthe bonus development fee shall be the highest floor area permitted by rightduring the two-year period preceding the filing of the variance application.

6. Eligible exactions, ineligible exactio ns and exemptions

a) Affordable housing developments shall be exempt from development fees. Allother forms of new construction shall be subject to development fees unlessexempted below.

b) Developments that have received preliminary or final approval prior to theimposition of a municipal development fee shall be exempt from developmentfees unless the developer seeks a substantial change in the approval.

c) Development fees shall be imposed and collected when an existing structure isexpanded or undergoes a change to a more intense use. The development feeshall be calculated on the increase in the equalized assessed value of theimproved structure.

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06-221DECEMBER 20, 2006

7. Collection offees

a) Fifty percent of the development fee will be collected at the time of issuance ofthe building permit. The remaining portion will be collected at the issuance ofthe certificate of occupancy. The developer shall be responsible for paying thedifference between the fee calculated at building permit and that determined atissuance of certificate of occupancy.

8. Contested fees

a) Imposed and collected development fees that are challenged shall be placed in aninterest bearing escrow account by The Borough ojEnglewood Cliffs. If all or aportion of the contested fees are returned to the.developer, the accrued intereston the returned amount shall also be returned.

9. Affordable Housing trust fund

a) Upon approval by COAH and by the Division of Local Government Services,The Borough of Englewood Cliffs will invest development fee revenue andproceeds from the sale of units with extinguished controls into a cashmanagement account, provided that the funds in the cash management accountthat comprise the deposits and income attributable to such deposits shall at all,times be identifiable.

b) Within seven days from the opening of the trust fund account, The Borough ofEnglewood Cliffs shall provide COAH with written authorization, in the form ofa three-party escrow agreement between the municipality, Bank of America, andCOAH to permit COAH to direct the disbursement of the funds as provided forin N.J.A.C. 5:94-6.16(b).

c) No funds shall be expended from the affordable housing trust fund unless theexpenditure conforms to a spending plan approved by COAH. All interestaccrued in the housing trust fund shall only be used on eligible affordablehousing activities approved by COAH.

10. Use offunds

a.) Funds deposited in the housing trust fund may be used for any activity approvedby COAH to address the municipal fair share. Such activities include, but are notlimited to: rehabilitation, new construction, RCAs subject to the provisions ofN.J.A.C. 5:94-4.4(d), ECHO housing, accessory apartment subsidies, purchase ofland for affordable housing, improvement of land to be used for affordablehousing, purcbase of housing, extensions or improvements of roads andinfrastructure to affordable housing sites, financial assistance designed to increaseaffordability, or administration necessary for implementation of the HousingElement and Fair Share Plan. The expenditure of all funds shall conform to aspending plan approved by COAH.

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b.) Funds shall not be expended to reimburse the Borough of Englewood Cliffs forpast housing activities.

c.) After subtracting development fees collected to finance an RCA, a rehabilitationprogram or a new construction project that are necessary to address the Boroughof Englewood Cliffs affordable housing obligation, at least 30 percent of thebalance remaining shall be used to provide affordahility assistance to low- andmoderate-income households in affordable units included in the municipal FairShare Plan. One-third of the affordability assistance portion of development feescollected shall be used to provide affordability assistance to those householdsearning 30 percent or less of median income by region.

i. Affordability assistance programs may include down paymentassistance, security deposit assistance, low interest loans, and rentalassistance.

11. Affordability assistance to households earning 30 percent or less ofmedian income may include buying down the cost of low or moderateincome units in the third round municipal Fair Share Plan to make themaffordable to households earning 30 'percent or less of median income.The use of development fees in this.manner shall entitle the Borough of,Englewood Cliffs to bonus credits pursuant to NJ .A.C. 5:94-4.22.

111. Payments in lieu of constructing affordable units on site and funds fromthe sale of units with extinguished controls shall be exempt from theaffordability assistance requirement.

d) The Borough of Englewood Cliffs may contract with a private or public entity toadminister any part of its Housing Element and Fair Share Plan, including therequirement for affordability assistance, in accordance with NJ.A.C. 5:94-7.

e) No more than 20 percent of the revenues collected from development fees eachyear, exclusive of the fees used to fund an RCA, shall be expended onadministration, including, but not limited to, salaries and benefits for municipalemployees or consultant fees necessary to develop or implement a newconstruction program, a Housing Element and Fair Share Plan, and/or anaffirmative marketing program. In the case of a rehabilitation program, no morethan 20 percent of the revenues collected from development fees shall beexpended for such administrative expenses. Administrative funds may be usedfor income qualification ofhouseholds, monitoring the turnover of sale and rentalunits, and compliance with COAH's monitoring requirements. Development feeadministrative costs are calculated and may be expended at the end of each yearor upon receipt of the fees.

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06-223DECEMBER 20, 2006

11. Monitoring

a) The Borough of Englewood Cliffs shall complete and return to COAH allmonitoring forms included in the annual monitoring report related to thecollection of development fees from residential and non-residential developers,payments in lieu of constructing affordable units on site, and funds from the saleof units with extinguished controls, and the expenditure of revenues andimplementation of the plan certified by COAH. All monitoring reports shall becompleted on forms designed by COAH.

12. Ongoing collection offees

a) The ability for the Borough of Englewood Cliffs to impose, collect and expenddevelopment fees shall expire with its substantive certification unless theBorough of Englewood Cliffs has filed an adopted Housing Element and FairShare Plan with COAH, has petitioned for substantive certification, and hasreceived COAH's approval of its development fee ordinance. The Borough ofEnglewood Cliffs shall not impose a development fee on a development thatreceives preliminary or final approval after the expiration of its substantivecertification, nor will the Borough of Englewood Cliffs retroactively impose adevelopment fee on such a development. The Borough of Englewood Cliffs willnot expend development fees after the expiration of its substantive certification

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 chapterare hereby repealed to the extent of such inconsistency; and

BE IT FURTHER ORDAINED should any part or provisions of this Ordinance be heldUnconstitutional or invalid, such decision shall not affect the validity of this Ordinance as aWhole or any part thereof, other than the part held so unconstitutional or invalid.

This Ordinance shall take effect upon final adoption and publication according to law.

COUNCILWOMAN DRIMONES CALLED UP FOR SECOND READING ANORDINANCE ENTITLED:

ORDINANCE 2006-26

[MayorParisi and CouncilmanPlawker recused themselvesfrom this hearing][CouncilmanManolio chaired the hearing]

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06-224DECEMBER 20, 2006

The clerk presented affidavit ofpublication, 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 reading. So ordered.

The clerk thereupon read the ordinance by title. The Councilman Manolio then announced that allinterested parties would now be given opportunity to be heard for or against the adoption of theordinance.


Mr. Corriston explained the necessity of this ordinance. The amending ordinance drawn by thePlanner defines the standards more clearly for this zone.

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

AYE:ABSENT:RECUSED:

Manolio, Drimones, Kasoff, NortonPerinPlawker

ORDINANCE 2006-2!i

AN ORDINANCE AMENDING CHAPTER XXX ENTITLED "ZONING"SPECIFICALLY SECTION 30-8.d

BE IT ORDAINED by the Mayor and Council of the Borough of EnglewoodCliffs thatChapter XXX, Subsection 30-8.d, conditional uses, be amended to read as follows:

d. Conditional Uses Permitted in the B-4 District:

Banks with drive-in facilities subject to the following conditions:

1. Minimum lot area - 30,000 square feet.

2. The site shall support a minimum offour (4) stacking or queuingof at least twenty (20) feet in length for each drive-through lane.

3. Each drive-through lane shall be a minimum width often (10) feet.

4. A single lane of at least ten (10) feet in width shall be providedadjacent to the outermost stacking or queuing lane to allowvehicles not entering the stacking lane to circumvent it.

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06-225DECEMBER 20, 2006

5. The drive-through service window shall be provided no closer thanthirty (30) feet from the exiting street to provide sufficient sightlines.

6. Drive-through lanes shall be set back no less than twenty (20) feetfrom any adjacent property used andlor zoned as a free-standingsingle-family home.

7. The drive-through lanes shall be concealed from any adjacentsingle-family residential property by fencing or landscaping. Iflandscaped, the criteria of Code Section 30-7-10 shall apply, unlessinconsistent herewith, in which event these provisions shall apply.

BE IT FURTHER ORDAINED that all ordinances or parts of ordinances which

are inconsistent with the provisions of this chapter are hereby.repealed to the extent of

such inconsistency; and

BE IT FURTHER ORDAINED should any part Dr provision of this Ordinance be

held unconstitutional or invalid, such decision shall not affect the validity of this

Ordinance as a whole or any part thereof, other than the part held so unconstitutional or

invalid.

BE IT FURTHER ORDAINED that this Ordinance shall become effective upon

adoption and publication in accordance with law.

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

ORDINANCE 2006-27

The clerk presented affidavit of publication, showing that advertisement had been made according tolaw, which was ordered filed . Mr. Manolio moved a public hearing be held on the ordinance. Soordered. Mr. Manolio movedthe clerkread the ordinance by titleon secondreading. So ordered.

The clerk thereupon read the ordinance by title. The mayor thenannounced that all interested partieswouldnow be givenopportunity to be heard for or against the adoption of the ordinance.

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06-226DECEMBER 20, 2006


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

AYE:ABSENT:

Plawker, Manolio, Drimones, Kasoff NortonPerin

ORDINANCE 2006-27

AN ORDINANCE AUTHORIZING AN EMERGENCYAPPROPRIATION N.J.S. 40A:4-53

,BE IT ORDAINED by the Mayor and Council of the Borough of Englewood Cliffs, County ofBergen, State of New Jersey, that pursuant to N.J.S. 40A:53 (Ch. 48, P.L.1956 as amended by Ch.144, P.L. 1965 and Ch. 38, P.L. 1969) the sum of $100,000 is hereby appropriated for theengagement of special consultants for Reassessment of Real Property and shall be deemed a specialemergency appropriation as defmed and provided for in NJ .S. 40a:4-55.

The authorization to finance the appropriation shall be provided for in succeeding annual budgetsby the inclu sion of at least 1/5 of the amount authorized pursuant tothis act (N.J.S. 40A:4-55).

BE IT FURTHER RESOLYED that this ordinance shall take effect upon publication of finalpassage according to law.

COMMITTEE REPORTS:


Councilman Kasoff congratulated Mr. Favaro upon his retirement.

The Councilman asked that the Muni cipal Attorney prepare a "Sex Offender" ordinance forthe January meeting.

Mr. Kasoffwished everyone a Happy Holiday.

COUNCILWOMAN NORTON: Fire , Finance, Recreation, Community Even ts

Councilwoman Norton congratulated Mr. Favaro who had also been her ninth grade teacher.

The Councilwoman stated that the response, by the surrounding fire departm ents, to thehouse fire in November was wonderful.

The Volunteer Firemen went around town offering Holiday cheer to the children.

MAY 05 2009


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06-227DECEMBER 20, 2006

The 16 and under indoor soccer league is still ongoing.

Indoor soccer starts next month .

Sign-up for basketball is taking place at present..

Aerobics are still being offered on Tuesday and Thursday.

COUNCILMAN PLAWKER: Police, Historical , Economic Development

Councilman Plawker announced three new hires for the Police Department.[at this point Councilwoman Drimones recused herself from the meeting]Mr. Plawker explained the hiring process which includes a written exam; physical; oralexam (by retired Police Chiefs) and a Mayor and Council intervi ew.

On a motion by Plawker, seconded by Manolio, the Mayor and Council approved theappointment process for three candidates to attend the Police Academy subject to taking aPsychological Exam.

ROLLCALL:AYES:ABSENT:RECUSED:

Plawker, Manolio, Kasoff, No rtonPerinDrimones

[Councilwoman Drimones took her seat on the dais)

On a motion by Plawker, seconded by Kasoff, the Municipal Attorney was asked to finalizethe agreement between the Borough and Capt. Gallagher and Lt . McMorrow.




Councilwoman Drimones announced that the Planning Board had granted approvals forminor subdivisions on Floyd Street and Third Street.Summer camp work has begun.

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

The Bd. of Adju stmen t did not meet since there were no applications.

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06-228DECEMBER 20, 2006


Commerce Bank asked for a summary judgment in their litigation against the Bd. ofAdjustment and Mr. Marcus. Mr. Corriston stated that they were not entitled to it.

Trial begins on January 17, 2007.


The DOT rejected our application for a grant to reconstruct Marjori e Terrace .This road will be incorporated in the 2007 road project.

The Storm water infra structure project is on going.

SUPT. OF PUBLIC WORKS:

Mr. Bialko announced tbat leaf collection is over for the year.

DEPUTY CLERK:

Ms. Fehre thanked the Council for their faith in her upon her appoint as the new MunicipalClerk.

CIllEF OF POLICE:

The Chief announced that Officer Colon will he returning to work on December 29, 2006.

The Department will be delivering toys to child cancer patients at Sloan Kettering.

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

Ms. Paston and Mr. Gundel spoke about the constant Jack Hammer noise at 441 SummitSt.

Ms. Spring, Ms. D'Amato and Mr. Gieir spoke on the same subject.

Ms. O'Shea asked that replacements for open positions in the Borough be advertised in order to getthe most talented persons to fill them.

Ms. O'Shea also asked that parking on Irving Avenue be re-visited. They should consider allowingparking on one side of the street.

She also asked about all the cars parked at the Lukoil gas station.

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06-229DECEMBER 20, 2006

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

Mayor Parisi congratulated Mr.Favaro upon his retirement.


ATTEST:

JOSEPH FAV ARO, MUNlCIPAL CLERK

APPROVED:


MAY 05 2009


2006-000256-REV1


2006 complete mayor & council minutes of the borough of englewood cliffs

Documents

open public meeting

council minutes borough

minutes ofthis meeting

meeting wasgiventothepress

nj open public records

open public meetings

sine die meeting

rev12006 mayor