regular meeting minutes, 03-11-2009, borough of englewood cliffs, nj

8/14/2019 Regular Meeting Minutes, 03-11-2009, Borough of Englewood Cliffs, NJ

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BOROUGH OF ENGLEWOOD CLIFFS

BERGEN COUNTY, NEW JERSEY

MINUTES OF THE REGULAR MEETING OF MARCH 11, 2009

CALL TO ORDER AT 8:00 P.M. DRAFT FOR APPROVAL

PRESENT AT ROLL CALL:

Mayor Joseph C. Parisi Jr.

Council President Ilan PlawkerCouncilman Patrick Perin

Councilman Eric PetroneCouncilman Robert Agresta

ABSENT AT ROLL CALL:

Councilman Thomas ManolioCouncilman Jerry Kasoff

ALSO PRESENT:

Municipal Attorney E. Carter Corriston, Esq.Municipal Engineer Bernard Mirandi

Chief of Police Thomas Bauernschmidt

Deputy Chief Michael CioffiSuperintendent DPW Rodney Bialko

Municipal Clerk Deborah FehreDeputy Clerk Ilene Cohen

FLAG SALUTE LEAD BY: Council President Ilan Plawker

MAYOR PARISI ASKED THAT THE FOLLOWING STATEMENT BE READ:

ADEQUATE NOTICE OF THIS MEETING WAS GIVEN TO THE PRESS AND POSTED AS

REQUIRED. DATE AND TIME OF THIS MEETING WAS LEGALLY GIVEN AS REQUIRED BYTHE "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 THECOMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.

JUNE 11, 2009

COURTESY OF COUNCILMAN ROBERT AGRESTA

TRANSPARENCY IN GOVERNMENT INITIATIVE - HTTP://WWW.ROBERTAGRESTA.COM

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DRAFT MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS

AVAILABLE THROUGH THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)


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MINUTES OF THE FOLLOWING MEETINGS WERE ACCEPTED AS PRESENTED ON A

MOTION BY COUNCILMAN PLAWKER, SECONDED BY COUNCILMAN PERIN, AND

CARRIED.

Caucus Meeting of January 21, 2009Regular Meeting of January 21, 2009

Special Meeting of February 4, 2009Caucus Meeting of February 11, 2009

Regular Meeting of February 11, 2009*

*as resolution 2009-42 was amended to include the purchase of a vac truck.

THE FOLLOWING REPORTS WERE ORDERED FILED ON A MOTION BY COUNCILMAN

PLAWKER, SECONDED BY COUNCILMAN PERIN, AND CARRIED.

Police Report of February, 2009

Court Report of February, 2009Construction Code Officials Report of February, 2009

Collector/Treasurers Report of January, 2009

CLAIMS:

On a motion by Councilman Perin, seconded by Councilman Agresta, the Claims for the month of March,2009 in the amount of__________were ordered paid.

Ayes: Agresta, Perin, Plawker, Petrone,Absent: Kasoff, Manolio

RESOLUTIONS:

MAYOR PARISI STATED:

IF ANYONE WISHES TO COMMENT ON ANY RESOLUTION TO BE ACTED ON THIS EVENING,THEY MAY DO SO AT THIS TIME.

On a motion by Councilman Plawker, seconded by Councilman Perin, the meeting was opened to publiccomment on all resolutions.

Mary OShea, resident, 12 Irving Avenue, commented that she thought the patio of the bicycle Club would be

for smoking and carrying drinks out only.

Mayor Parisi recused himself for the discussion involving Bicycle club.

E. Carter Corriston noted that liquor license expansion can be approved for consumption and the Board of

Adjustment resolution will be checked.

Steven Rubinsky, resident, inquired about COAH resolutions, he thought COAH was settled five years ago.

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Mayor Parisi briefly explained the new COAH situation.

On a motion by Councilman Plawker, seconded by Councilman Perin, the meeting was closed to public

comment.

Council President Plawker presided over the following, Mayor recused himself.

On a motion by Councilman Perin, seconded by Councilman Agresta, Resolution 2009-47 was offered

for adoption:

ROLL CALL:AYES: Agresta, Perin, Plawker, Petrone,ABSENT: Kasoff, Manolio

RESOLUTION 09-47

TITLE: TRANSFER OF PLENARY LICENSE #0216-33-003-003

PLACE TO PLACE

WHEREAS, an application has been filed for a place to place transfer (Expansion of Premises) of Plenary

Retail Consumption License 0216-33-003-003, for purposes of expanding the premises under license wherein

the sale, service, and storage of alcoholic beverages are authorized;

WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and

the license has been properly renewed for the current license term;

WHEREAS, the applicant is qualified to be licensed according to all standard established by Title 33 of the

New Jersey Statutes, regulations promulgated thereunder, as well as pertinent local ordinances and conditionsconsistent with Title 33;

NOW, THEREFORE BE IT RESOLVED that the Englewood Cliffs Governing body does herebyapprove, effective March 11, 2009, the expansion of the aforesaid Plenary Retail Consumption Licensed

premises located at 487 Sylvan Avenue Englewood Cliffs, New Jersey, to place under license the areadelineated in the application form and the sketch of the licensed premises attached thereto.

Mayor Parisi returned to the meeting.

On a motion by Councilman Perin, seconded by Councilman Agresta, Resolutions 2009-43 and 2009-

44 were offered for adoption:

ROLL CALL:

AYES: Agresta, Perin, Plawker, Petrone,ABSENT: Kasoff, Manolio

RESOLUTION NO. 2009-43

WHEREAS, pursuant to the Housing Element and Fair Share Plan, the governing body of theBorough of Englewood Cliffs will petition COAH for approval of the construction of fifty four (54) units;

and

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WHEREAS, in the event of a short fall of anticipated revenues, the Borough of Englewood Cliffsintends to provide such short fall by the issuance of bonds;

NOW THEREFORE, BE IT RESOLVED that the Borough of Englewood Cliffs will formally set

forth that in conjunction with the petition for approval of the Housing Element and Fair Share Plan, thatthey intend to fund any short fall of anticipated revenues by means of the issuance of bonds in regard to

the construction of said fifty four (54) units.

RESOLUTION 2009-44

WHEREAS, the Borough of Englewood Cliffs has authorized the filing of a Petition of

Certification for the Housing Element and Fair Share Plan; and

WHEREAS, they have further completed a Spending Plan pursuant to N.J.A.C. 5:97-8.10;

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

Englewood Cliffs hereby approves the submission of said Spending Plan.

On a motion by Councilman Plawker, seconded by Councilman Perin, the following Resolutions were

offered for adoption by consent agenda:

ROLL CALL:

AYES: Agresta*, Perin, Plawker, Petrone*,ABSTAIN*: Agresta, Petrone on Resolution 09-45

ABSENT: Kasoff, Manolio

AMENDED RESOLUTION 2009-45

WHEREAS, the Borough of Englewood Cliffs has received a proposal to furnish theSE

Englewood Cliffs Police Department with an update of its PoliSYS to PoliSYS Enterprise Edition by

Enforsys Police Systems, Inc., which shall also include the Englewood Cliffs Fire Department andEnglewood Cliffs EMS; and

WHEREAS, a resolution was passed on January 21, 2009, authorizing the Mayor to enter into acontract in the amount of $84,667.86 pursuant to a proposal dated November 26, 2008; and

WHEREAS, the original proposal failed to include two (2) additional licenses and the

Cross/Match LiveScan and increased maintenance fees of $2,000.00 per year, and would, therefore,change the cost of the proposal to a total of $94,725.00.

NOW, THEREFORE, BE IT RESOLVED that the Mayor is hereby authorized to enter into anamended agreement with Enforsys, Inc., in the amount of $94,725.00, pursuant to said proposal, with the

approval of the Borough Attorney.

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RESOLUTION 09-46

TITLE: ACCEPT DONATION TO ENGLEWOOD CLIFFS POLICE DEPT.

WHEREAS, Unilever United States Foundation, Inc. has donated $3,000.00 to the Englewood CliffsPolice Department; and

WHEREAS, a check in the amount of $3,000.00 has been received by the Borough and has been

deposited in the Boroughs Police Trust Fund account;

NOW, THEREFORE,

BE IT RESOLVED that the Englewood Cliffs Mayor and Council does hereby accept the generous

donation of Unilever United States foundation, Inc.

RESOLUTION 2009-48

RE: TRANSFER OF FUNDS BETWEEN 2008 APPROPRIATION RESERVES

BE IT RESOLVED by the Mayor and Council of the Borough of Englewood Cliffs that the followingtransfers between the 2008 Budget appropriations be made:

FROM: TO:

Group Insurance $13,053.00 Legal O/E $4,909.00

Street & Road O/E $ 22.00

First Aid O/E $1,422.00

Utilities Telephone $6,700.00

TOTAL $13,053.00 TOTAL $13,053.00

RESOLUTION 2009-49

BE IT RESOLVED; that the Mayor & Council of the Borough of Englewood Cliffs wishes to enter into agrant agreement with the County of Bergen for the purpose of using $92,500.00 in Program Year 2008

Open Space Trust Funds for Woodland Park Basketball Court Rehabilitation in the Borough ofEnglewood Cliffs; and

BE IT FURTHER RESOLVED, that the Mayor and Council hereby authorizes Mayor Joseph C. Parisi Jr.to be signatory to the aforesaid grant agreement; and

BE IT FURTHER RESOLVED, that the Mayor and Council hereby authorizes Deborah L. Fehre to signall County vouchers submitted in connection with the aforesaid project; and

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BE IT FURTHER RESOLVED, that the Mayor and Council recognizes that the Borough of Englewood

Cliffs is liable for a dollar for dollar match for any funds awarded in accordance with the Trustrequirements;

RESOLUTION 2009-50

BE IT RESOLVED; that the Mayor & Council of the Borough of Englewood Cliffs does hereby name the

Englewood Cliffs Summer Recreation Program The Neil Vill Summer Recreation Program in memoryof Neil Vill; a dear friend to the Borough of Englewood Cliffs, Councilman, and Recreation Director.

BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mrs. Vill in recognition andappreciation of Mr. Vills passion and dedication to the Borough of Englewood Cliffs, especially to the

recreation program.

R E S O L U T I O N 2009-51

Resolution to Request a Minimum of 35 Years Until Joseph McGowans Next Parole Date

WHEREAS, on April 19, 1973, Joan Angela DAlessandro, a resident of Hillsdale, Bergen

County, then 7 years old, was brutally assaulted and murdered by her neighbor, Joseph McGowan whiledelivering Girl Scout cookies; and

WHEREAS, Joseph McGowan, a former high school chemistry teacher, is currently incarcerated

for the killing of Joan Angela DAlessandro; and

WHEREAS, Joan Angela DAlessandros mother, Rosemarie DAlessandro has workedeffortlessly for 15 years to persuade the New Jersey Parole Board to keep Joseph McGowan behind bars;and

WHEREAS, Joseph McGowan has gone before the Parole Board of East Jersey State Prison

many times already. His release was denied in 1993, 1998, 2002 and 2008 the parole hearing found thatJoseph McGowan was unwilling to take responsibility for murdering his neighbor; and

WHEREAS, Joseph McGowan has never shown any remorse for his crime and has made nosubstantial progress in addressing the issues that led him to murder Joan Angela DAlessandro and has

demonstrated a substantial risk for recidivism. Joseph McGowan has even been characterized as having

the personality of a mass murderer; and

WHEREAS, Joans family should not be made to relive this horrible crime every few years when

there is a parole hearing. They continue to suffer unnecessarily on Joseph McGowans account; and

WHEREAS, in addition to the efforts of Rosemarie DAlessandro, the Borough of Englewood

Cliffs hereby supports the position that Joseph McGowan should not be granted another parole hearingfor a minimum of thirty five years. The rape and murder of an innocent child is a serious crime thatdemands justice; and the family of Joan Angela DAlessandro should be given the peace of mind of

knowing that their childs murderer will remain behind bars for another thirty five years before he can be

eligible for parole.

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NOW, THEREFORE, BE IT RESOLVED that the Borough of Englewood Cliffs hereby abides

by the conclusion that the next eligible parole date of Joseph McGowan should not be for a minimum 35years from now otherwise this creates a grave injustice to the family of Joan Angela DAlessandro as well

as to society.

BE IT FURTHER RESOLVED that a copy of this resolution shall be sent to the New Jersey State

Assembly, All Bergen County municipalities, the Bergen County Police Chiefs Association, the NewJersey PBA, the New Jersey State Senate, the Office of the Bergen County Prosecutor, and to Chairman

Peter J. Barnes Jr. of the New Jersey State Parole Board.

RESOLUTION 2009-53

WHEREAS, as a result of the resignation of Lino Boccher, Fire Sub-Code Official, effective

January 31, 2009, a vacancy existed; and

WHEREAS, the Mayor and Council appointed William J. McGuire to the position of ActingSub-Code Official at a salary of $909.09 for a term of up to 60 days, effective January 31, 2009.

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council hereby extends the

appointment of William J. McGuire as Acting Fire Sub-Code Official of the Borough of Englewood

Cliffs at a salary of $909.09 for an additional term of 60 days, effective April 1, 2009.

Councilman Plawker inquired about an Englewood Hospital resolution to support Englewood Hospital

regarding the issue of Pascack Valley Hospital not returning to a full service hospital.

Mayor Parisi did not put the resolution on the agenda. Councilman Plawker and Councilman Agresta

were to submit revised resolutions after a meeting with Englewood Hospital. The council received

Council President Plawkers resolution, but not Councilman Agrestas resolution. Councilman Agresta

stated that he has since changed his mind regarding the issue.

Council President Plawker read his resolution.

On a motion by Plawker, seconded by none, the resolution was not acted upon.

COUNCILMAN PERIN CALLED UP FOR SECOND READING AN ORDINANCE ENTITLED:

ORDINANCE 2009-02

AN ORDINANCE AMENDING ORDINANCE 2008-05 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.

The clerk presented affidavit of publication, showing that advertisement had been made according to law,which was ordered filed. Councilman Plawker moved a public hearing be held on the ordinance. So ordered.

Councilman 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 parties would now begiven opportunity to be heard for or against the adoption of the ordinance.

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The following people spoke on the ordinance:

Mary OShea, resident, 12 Irving Avenue, stated that she thought there was a shuffling of the titles of

positions in the Building Department.

Mrs. Fehre explained the change in titles per the State of New Jersey and the change in personnel.

Carrol McMorrow, resident, inquired as to Building Department Assistant position.

After all interested parties had spoken on the ordinance, Councilman Perin moved the hearing be closed. So

ordered.

Councilman Plawker moved the ordinance be adopted on second reading and final passage, which motion

was seconded by Councilman Perin, and adopted upon a call of the roll.

AYE: Perin, Plawker,ABSTAIN: Agresta, Petrone,


ORDINANCE 2009-02

AN ORDINANCE AMENDING ORDINANCE 2008-05 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 of Bergen,State of New Jersey, as follows:

SECTION I. The following salaries, wages and/or compensation shall be paid to the respective employeesof the Borough of Englewood Cliffs, for the year 2009, as set forth below:

19. Borough Prosecutor - an annual salary of $4,262.11

20. Borough Public Defender - an annual salary of $10,649.09

23. Control Person - Delete

33. Recreation Youth Coordinator Delete

47. Building Department Assistant annual salary $20,000.00

48. Recreation Director annual salary $15,000.00

COUNCILMAN PERIN CALLED UP FOR SECOND READING AN ORDINANCE ENTITLED:

ORDINANCE 2009-03

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AN ORDINANCE AMENDING ORDINANCE 2006-25

PROVIDING FOR THE DEVELOPMENT FEES PURSUANT TON.J.S.A. 52:27D-301 ET SEQ

AND RESCINDING THOSE PORTIONS THEREOF THAT A RE

INCONSISTENT WITH THIS ORDINANCE

The clerk presented affidavit of publication, showing that advertisement had been made according to law,which was ordered filed. Councilman Plawker moved a public hearing be held on the ordinance. So ordered.

Councilman Perin moved the clerk read the ordinance by title on second reading. So ordered. The clerkthereupon read the ordinance by title. The mayor then announced that all interested parties would 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 Councilman Plawker moved the hearing be

closed. So ordered.

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

AYES: Agresta, Perin, Plawker, Petrone,


Ordinance 2009-03

AN ORDINANCE AMENDING ORDINANCE 2006-25PROVIDING FOR THE DEVELOPMENT FEES PURSUANT TO

N.J.S.A. 52:27D-301 ET SEQ

AND RESCINDING THOSE PORTIONS THEREOF THAT A REINCONSISTENT WITH THIS ORDINANCE

1. Purpose

a) In Holmdel Builders Association V. Holmdel Township, 121 N.J. 550 (1990), the NewJersey Supreme Court determined that mandatory development fees are authorized by theFair Housing Act of 1985 (the Act), N.J.S.A. 52:27d-301 et seq., and the State Constitution,

subject to the Council on Affordable Housings (COAHs) adoption of rules.

b) Pursuant to P.L.2008, c.46 section 8 (C. 52:27D-329.2) and the Statewide Non-Residential

Development Fee Act (C. 40:55D-8.1 through 8.7), COAH is authorized to adopt and

promulgate regulations necessary for the establishment, implementation, review, monitoringand enforcement of municipal affordable housing trust funds and corresponding spending plans. Municipalities that are under the jurisdiction of the Council or court of competentjurisdiction and have a COAH-approved spending plan may retain fees collected from non-

residential development.

c) This ordinance establishes standards for the collection, maintenance, and expenditure of

development fees pursuant to COAHs regulations and in accordance P.L.2008, c.46,

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Sections 8 and 32-38. Fees collected pursuant to this ordinance shall be used for the sole

purpose of providing low- and moderate-income housing. This ordinance shall beinterpreted within the framework of COAHs rules on development fees, codified at N.J.A.C.

5:97-8.

2. Basic requirements

a) This ordinance shall not be effective until approved by COAH pursuant to N.J.A.C. 5:96-5.1.

b) The Borough of Englewood Cliffs shall not spend development fees until COAH hasapproved a plan for spending such fees in conformance with N.J.A.C . 5:97-8.10 andN.J.A.C. 5:96-5.3.

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 Housing Element

and Fair Share Plan, and includes, but is not limited to, an inclusionary development, amunicipal construction project or a 100 percent affordable development.

i. COAH or the Council means the New Jersey Council on Affordable Housingestablished under the Act which has primary jurisdiction for the administration of housing

obligations in accordance with sound regional planning consideration in the State.

ii. Development fee means money paid by a developer for the improvement of property aspermitted in N.J.A.C. 5:97-8.3.

iii. Developer means the legal or beneficial owner or owners of a lot or of any land proposedto be included in a proposed development, including the holder of an option or contract to

purchase, or other person having an enforceable proprietary interest in such land.

iv. Equalized assessed value means the assessed value of a property divided by the currentaverage ratio of assessed to true value for the municipality in which the property is situated,as determined in accordance with sections 1, 5, and 6 of P.L.1973, c.123 (C.54:1-35a through

C.54:1-35c).

v. Green building strategies means those strategies that minimize the impact of developmenton the environment, and enhance the health, safety and well-being of residents by producing

durable, low-maintenance, resource-efficient housing while making optimum use of existinginfrastructure and community services.

4. Residential Development fees

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a) Imposed feesi. Within the Borough of Englewood Cliffs district(s), residential developers, except

for developers of the types of development specifically exempted below, shall pay a

fee of one percent (1%) of the equalized assessed value for residential developmentprovided no increased density is permitted.

ii. When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (knownas a d variance) has been permitted, developers may be required to pay a

development fee of six percent (6%) of the equalized assessed value for each

additional unit that may be realized. However, if the zoning on a site has changedduring the two-year period preceding the filing of such a variance application, thebase density for the purposes of calculating the bonus development fee shall be the

highest density permitted by right during the two-year period preceding the filing of

the variance application.

Example: If an approval allows four units to be constructed on a site that was zonedfor two units, the fees could equal one and a half percent of the equalized assessed

value on the first two units; and the specified higher percentage up to six percent of

the equalized assessed value for the two additional units, provided zoning on the sitehas not changed during the two-year period preceding the filing of such a variance

application.

b) Eligible exactions, ineligible exactions and exemptions for residential developmenti. Affordable housing developments,developments where the developer is providing for

the construction of affordable units elsewhere in the municipality, and developmentswhere the developer has made a payment in lieu of on-site construction of affordable

units shall be exempt from development fees.

ii. Developments that have received preliminary or final site plan approval prior to theadoption of a municipal development fee ordinance shall be exempt fromdevelopment fees, unless the developer seeks a substantial change in the approval.

Where a site plan approval does not apply, a zoning and/or building permit shall besynonymous with preliminary or final site plan approval for this purpose. The feepercentage shall be vested on the date that the building permit is issued.

iii. Development fees shall be imposed and collected when an existing structureundergoes a change to a more intense use, is demolished and replaced, or is

expanded, if the expansion is not otherwise exempt from the development feerequirement. The development fee shall be calculated on the increase in the

equalized assessed value of the improved structure.

5. Non-residential Development fees

a) Imposed fees

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i. Within all zoning districts, non-residential developers, except for developers of thetypes of development specifically exempted, shall pay a fee equal to two and one-half

(2.5) percent of the equalized assessed value of the land and improvements, for allnew non-residential construction on an unimproved lot or lots.

ii. Non-residential developers, except for developers of the types of developmentspecifically exempted, shall also pay a fee equal to two and one-half (2.5) percent of

the increase in equalized assessed value resulting from any additions to existingstructures to be used for non-residential purposes.

iii. Development fees shall be imposed and collected when an existing structure isdemolished and replaced. The development fee of two and a half percent (2.5%)shall be calculated on the difference between the equalized assessed value of the pre-existing land and improvement and the equalized assessed value of the newly

improved structure, i.e. land and improvement, at the time final certificate of

occupancy is issued. If the calculation required under this section results in anegative number, the non-residential development fee shall be zero.

b) Eligible exactions, ineligible exactions and exemptions for non-residential development

i. The non-residential portion of a mixed-use inclusionary or market rate developmentshall be subject to the two and a half (2.5) percent development fee, unless otherwise

exempted below.

ii. The 2.5 percent fee shall not apply to an increase in equalized assessed valueresulting from alterations, change in use within existing footprint, reconstruction,

renovations and repairs.

iii. Non-residential developments shall be exempt from the payment of non-residentialdevelopment fees in accordance with the exemptions required pursuant to P.L.2008,c.46, as specified in the Form N-RDF State of New Jersey Non-Residential

Development Certification/Exemption Form. Any exemption claimed by a

developer shall be substantiated by that developer.

iv. A developer of a non-residential development exempted from the non-residentialdevelopment fee pursuant to P.L.2008, c.46 shall be subject to it at such time the basis for the exemption no longer applies, and shall make the payment of the non-

residential development fee, in that event, within three years after that event or afterthe issuance of the final certificate of occupancy of the non-residential development,

whichever is later.

v. If a property which was exempted from the collection of a non-residentialdevelopment fee thereafter ceases to be exempt from property taxation, the owner ofthe property shall remit the fees required pursuant to this section within 45 days of

the termination of the property tax exemption. Unpaid non-residential development

fees under these circumstances may be enforceable by the Borough of EnglewoodCliffs as a lien against the real property of the owner.

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6. Collection procedures

a) Upon the granting of a preliminary, final or other applicable approval, for adevelopment, the applicable approving authority shall direct its staff to notify the

construction official.

b) For non-residential developments only, the developer shall also be provided with acopy of Form N-RDF State of New Jersey Non-Residential DevelopmentCertification/Exemption to be completed as per the instructions provided. The

developer of a non-residential development shall complete Form N-RDF as per the

instructions provided. The construction official shall verify the information

submitted by the non-residential developer as per the instructions provided in theForm N-RDF. The Tax assessor shall verify exemptions and prepare estimated andfinal assessments as per the instructions provided in Form N-RDF.

c) The construction official responsible for the issuance of a building permit shall notifythe local tax assessor of the issuance of the first building permit for a developmentwhich is subject to a development fee.

d) Within 90 days of receipt of that notice, the municipal tax assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the

development.

e) The construction official responsible for the issuance of a final certificate ofoccupancy notifies the local assessor of any and all requests for the scheduling of a

final inspection on property which is subject to a development fee.

f) Within 10 business days of a request for the scheduling of a final inspection, themunicipal assessor shall confirm or modify the previously estimated equalizedassessed value of the improvements of the development; calculate the developmentfee; and thereafter notify the developer of the amount of the fee.

g) Should the Borough of Englewood Cliffs fail to determine or notify the developer ofthe amount of the development fee within 10 business days of the request for finalinspection, the developer may estimate the amount due and pay that estimated

amount consistent with the dispute process set forth in subsection b. of section 37 of

P.L.2008, c.46 (C.40:55D-8.6).

h) Fifty percent of the development fee shall be collected at the time of issuance of the

building permit. The remaining portion shall be collected at the issuance of thecertificate of occupancy. The developer shall be responsible for paying the

difference between the fee calculated at building permit and that determined at

issuance of certificate of occupancy.

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i) Appeal of development fees

1) A developer may challenge residential development fees imposed byfiling a challenge with the County Board of Taxation. Pending a reviewand determination by the Board, collected fees shall be placed in an

interest bearing escrow account by the Borough of Englewood Cliffs.

Appeals from a determination of the Board may be made to the tax courtin accordance with the provisions of the State Tax Uniform Procedure

Law, R.S.54:48-1 et seq., within 90 days after the date of suchdetermination. Interest earned on amounts escrowed shall be credited tothe prevailing party.

2) A developer may challenge non-residential development fees imposed byfiling a challenge with the Director of the Division of Taxation. Pendinga review and determination by the Director, which shall be made within

45 days of receipt of the challenge, collected fees shall be placed in an

interest bearing escrow account by Borough of Englewood Cliffs.Appeals from a determination of the Director may be made to the tax

court in accordance with the provisions of the State Tax UniformProcedure Law, R.S.54:48-1 et seq., within 90 days after the date of suchdetermination. Interest earned on amounts escrowed shall be credited to

the prevailing party.

7. Affordable Housing trust fund

a) There is hereby created a separate, interest-bearing housing trust fund to be

maintained by the Chief Financial Officer for the purpose of depositing

development fees collected from residential and non-residential developers andproceeds from the sale of units with extinguished controls.

b) The following additional funds shall be deposited in the Affordable HousingTrust Fund and shall at all times be identifiable by source and amount:

1. payments in lieu of on-site construction of affordable units;

2. developer contributed funds to make ten percent (10%) of the adaptableentrances in a townhouse or other multistory attached development

accessible;3. rental income from municipally operated units;

4. repayments from affordable housing program loans;

5. recapture funds;6. proceeds from the sale of affordable units; and

7. any other funds collected in connection with Englewood Cliff]s affordablehousing program.

c) Within seven days from the opening of the trust fund account, Borough of

Englewood Cliffs shall provide COAH with written authorization, in the form of

a three-party escrow agreement between the municipality, TD Bank and COAHto permit COAH to direct the disbursement of the funds as provided for in

N.J.A.C. 5:97-8.13(b).

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d) All interest accrued in the housing trust fund shall only be used on eligibleaffordable housing activities approved by COAH.

8.Use of funds

a) The expenditure of all funds shall conform to a spending plan approved byCOAH. Funds deposited in the housing trust fund may be used for any activity

approved by COAH to address the Borough of Englewood Cliffs fair share

obligation and may be set up as a grant or revolving loan program. Suchactivities include, but are not limited to: preservation or purchase of housing forthe purpose of maintaining or implementing affordability controls, rehabilitation,

new construction of affordable housing units and related costs, accessoryapartment, market to affordable, or regional housing partnership programs,

conversion of existing non-residential buildings to create new affordable units,green building strategies designed to be cost saving and in accordance with

accepted national or state standards, purchase of land for affordable housing,improvement of land to be used for affordable housing, extensions or

improvements of roads and infrastructure to affordable housing sites, financial

assistance designed to increase affordability, administration necessary forimplementation of the Housing Element and Fair Share Plan, or any other activityas permitted pursuant to N.J.A.C. 5:97-8.7 through 8.9 and specified in the

approved spending plan.

b) Funds shall not be expended to reimburse the Borough of Englewood Cliffs forpast housing activities.

c) At least 30 percent of all development fees collected and interest earned shall beused to provide affordability assistance to low- and moderate-income householdsin affordable units included in the municipal Fair Share Plan. One-third of theaffordability assistance portion of development fees collected shall be used to

provide affordability assistance to those households earning 30 percent or less ofmedian income by region.

i. Affordability assistance programs may include down paymentassistance, security deposit assistance, low interest loans, rental

assistance, assistance with homeowners association or condominium fees

and special assessments, and assistance with emergency repairs.

ii. Affordability assistance to households earning 30 percent or less ofmedian income may include buying down the cost of low or moderateincome units in the municipal Fair Share Plan to make them affordable

to households earning 30 percent or less of median income.

iii. 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.

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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 the

requirement for affordability assistance, in accordance with N.J.A.C. 5:96-18.

e) No more than 20 percentof all revenues collected from development fees, may beexpended on administration, including, but not limited to, salaries and benefits for

municipal employees or consultant fees necessary to develop or implement a newconstruction program, a Housing Element and Fair Share Plan, and/or an

affirmative marketing program. In the case of a rehabilitation program, no morethan 20 percent of the revenues collected from development fees shall be

expended for such administrative expenses. Administrative funds may be usedfor income qualification of households, monitoring the turnover of sale and rental

units, and compliance with COAHs monitoring requirements. Legal or otherfees related to litigation opposing affordable housing sites or objecting to the

Councils regulations and/or action are not eligible uses of the affordable housing

trust fund.

9. Monitoring

a) The Borough of Englewood Cliffs shall complete and return to COAH all

monitoring forms included in monitoring requirements related to the collection ofdevelopment fees from residential and non-residential developers, payments in

lieu of constructing affordable units on site, funds from the sale of units withextinguished controls, barrier free escrow funds, rental income, repayments fromaffordable housing program loans, and any other funds collected in connection

with the Borough of Englewood Cliffs housing program, as well as to the

expenditure of revenues and implementation of the plan certified by COAH. All

monitoring reports shall be completed on forms designed by COAH.

10. Ongoing collection of fees

a) The ability for the Borough of Englewood Cliffs to impose, collect and expend

development fees shall expire with its substantive certification unless theBorough of Englewood Cliffs has filed an adopted Housing Element and Fair

Share Plan with COAH, has petitioned for substantive certification, and hasreceived COAHs approval of its development fee ordinance. If the Borough of

Englewood Cliffs fails to renew its ability to impose and collect development fees

prior to the expiration ofsubstantive certification, it may be subject to forfeitureof any or all funds remaining within its municipal trust fund. Any funds soforfeited shall be deposited into the "New Jersey Affordable Housing Trust Fund"

established pursuant to section 20 of P.L.1985, c.222 (C.52:27D-320). The

Borough of Englewood Cliffs shall not impose a residential development fee on adevelopment that receives preliminary or final site plan approval after the

expiration of its substantive certification or judgment of compliance, nor shall theBorough of Englewood Cliffs retroactively impose a development fee on such adevelopment. The Borough of Englewood Cliffs shall not expend development

fees after the expiration of its substantive certification or judgment of compliance.

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BE IT FURTHER ORDAINED that this Ordinance shall become effective upon adoptionand publication in accordance with law; and

BE IT FURTHER ORDAINED that all ordinances or parts of ordinances other than the

Zoning 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 held

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.

COMMITTEE REPORTS:

COUNCILMAN KASOFF: Legal, Board of Education,

ABSENT

COUNCILMAN AGRESTA: Sanitation, Lighting

Attended Board of Health seminar, he found it effective and was happy to see other members there.

COUNCILMAN PERIN: Finance, Recreation

Indoor soccer starting playoffs this weekend. Soccer tots are ongoing and successful. Basketball

playoffs are coming up. Girls softball practice is starting. A new cheerleading program is beginning.Ambulance Corps 42 calls were received, 18 calls were answered by Englewood Cliffs Ambulanceand 23 were answered by the Holy Name support service. Finance budget meetings are starting the

first being on March 21

st

.

COUNCILMAN PLAWKER: Fire Department, Historical, Economic Development

Commended our Fire Department volunteers, many towns have been forced to have paiddepartments.

COUNCILMAN PETRONE: Beautification, Clean Communities

Attended a mandatory Planning Board member training. There was no Planning Board meeting this

month.

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

REPORT OF SECRETARY BOARD OF HEALTH:

Mrs. Cohen reported that licenses for dogs, restaurants etc. are being processed.

REPORT OF DPW SUPERINTENDENT:

Mr. Bialko attended geese control seminar. The geese are formidable opponents, very organized and

difficult to remove.

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REPORT OF BOROUGH ENGINEER:

Mr. Mirandi stated that Councilman Manolio asked him to report on the Board of Adjustment

meeting. The board approved a variance at 180 Chestnut Street and adjourned an application for 650

Palisade Avenue to next month. Boswell Engineering delivered economic stimulus package to theState for the Pershing Pond and vac truck project. They met with the contractor of the drainage

project to review the final punch list for restoration of properties. The basketball court survey iscomplete. Boswell is in the design phase of the project. They are pricing up road repaving

suggestions and will forward to administration shortly.

REPORT OF POLICE CHIEF:

Chief Bauernschmidt read three letters received by the Police Department. The first was from theUnion City Police Chief regarding successful apprehension of criminals assisted by Englewood

Cliffs police. The second letter was from the Police Chaplain Clifton of the Clifton Police

Department regarding the fatal accident that occurred in Englewood Cliffs. The wife of the victim is

an employee of Clifton Police Department, he commended all members of police, fire andambulance in Englewood Cliffs for their caring and dedication during this tragic event. The thirdletter was from a resident of Englewood Cliffs who called 911 to report the fatal accident and

witnessed the response to the accident. She commended the police, fire, ambulance and DPW fortheir professional, organized and caring response to the scene.

REPORT OF DEPUTY POLICE CHIEF:

Deputy Chief Cioffi attended senior citizen meeting. They showed the seniors film of their policework, it was informative and the seniors enjoyed it.

REPORT OF MUNICIPAL CLERK/ADMINISTRATOR

Mrs. Fehre received notification from the State regarding extension of budget deadlines. Mrs. Cohen

is updating the website. Mrs. Fehre participated in an online demonstration for an interactive websitefor the town.

REPORT OF BOROUGH ATTORNEY:Arbitration with AJM contractors is scheduled regarding the $10,000.00 additional engineering fees

caused by the contractor. The Cingular case has a final hearing scheduled before Judge Toscus.

PUBLIC PORTION: On a motion by Councilman Agresta, seconded by Councilman Plawker, themeeting was opened to the public. Carried.

Steven Rubinsky, resident, asked about the Englewood Hospital Resolution. Mayor Parisi clarifiedthat the resolution had nothing to do with Englewood Cliffs ambulance service.

Mary OShea, resident, 12 Irving Avenue, asked if minutes could be posted on the website in the

future. She then asked if the Recycling Coordinator was a paid position. Mayor Parisi stated that wewill take suggestion of the minutes under advisement there is a cost to posting them. The recycling

coordinator is not a paid position. She then stated that the meeting dates were not correct in thereorganization minutes. Mrs. Fehre explained that those were the dates approved at that meeting, thechange of meeting dates were approved subsequently at another meeting. Mrs. OShea then stated

that she feels Pascack Valley Hospital should reopen for the residents in that area. Mayor Parisi

stated that he felt that he, and any Mayor and Council, should not get involved in anothercommunities desire to have their hospital. Mrs. OShea agreed. She thanked the police department

for assisting her mother when she fell in her home. They were very nice, very sweet, and

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professional. She then stated that she made an OPRA request for Planning Board minutes for which

she has received some, but not all minutes. Mayor Parisi stated that Mrs. Fehre will follow upregarding her request.

Steven Rubinsky, resident, inquired if it was possible to have an automatic payment, by ahomeowners bank, monthly to the tax department. E. Carter Corriston explained that the legislature

mandated quarterly tax bills. Partial payments may not be made.

George Drimones, resident 71 John Street and Volunteer Fire Chief, stated that they have respondedto mutual aid calls to out of town working fires as well as serving Englewood Cliffs totaling over 300

calls a year. He has served as Chief for 11 years and stated that the department is emotionally andfinancially drained over a certain partys actions. He saw a vote tonight regarding a piece ofequipment needed by all the emergency departments and some did not vote for it. We have been in

service for over 100 years. Council President/Fire Commissioner Ilan Plawker asked about the

financial drain. Mr. Drimones answered that they had to pay legal expenses. Mayor Parisi stated that

there will be no discussion of the litigation by the council. Ilan Plawker commented that the otheroption to a volunteer organization is a paid department which is roughly estimated at 4-5 milliondollars a year. This can happen when volunteerism is dispirited.

Andrew Nikow, resident 54 Elm Street, and Volunteer Firefighter, stated that the fire Department is

like a family, there are many families including his who serve the department. Another member of

the public interrupted Mr. Nikow; he was called out of order and asked to wait his turn. Mr. Nikowthen thanked the majority of members of the council and the Mayor who support the fire department.He stated he found it sad that some members were not able to engage in the process and help support

them.

Carrol McMorrow stated that all volunteers should be appreciated, but that should not be confused

with someones right to file a lawsuit whether it is against a volunteer organization or not.

On a motion by Councilman Plawker, seconded by Councilman Perin, the public portion of the

meeting was closed. Carried.

Councilman Agresta stated he would not comment on the lawsuit, however he stated that he thinks itshould be in everyones interest to protect and uphold the integrity of the electoral process andeveryone should be able to speak their mind on issues.

Mayor Parisi adjourned the meeting at 9:50 PM

ATTEST: APPROVED:

___________________________________ ______________________________

Deborah L. Fehre, Municipal Clerk JOSEPH C. PARISI JR., MAYOR

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regular meeting minutes, 03-11-2009, borough of englewood cliffs, nj

Documents