Professional Documents
Culture Documents
2002 Complete Mayor & Council Minutes of The Borough of Englewood Cliffs
2002 Complete Mayor & Council Minutes of The Borough of Englewood Cliffs
2002 Complete Mayor & Council Minutes of The Borough of Englewood Cliffs
ALSO PRESENT :
Adequate notice of this mee ting was given to the press and posted as required. Date and
time of this meeting was legally given as required by the "open public meetin gs act."
This notice is on file with the municipal clerk and posted on the bulletin board.
Min utes of this meeting will be made available to the public upon the completion of typing
and proofreading by the Municipal Clerk.
Mayor Parisi asked if any member of the Council had any remarks to make before
adjourning the Sine Die Meeting.
On a motion by Parisi, seconded by Kasoff, the meeting was adjourned "Sine Die ". carried.
ATTEST : APPROVED:
02-03
J ANUARY 2,2002
The Oath of Office was administered to Councilman Thom as Manolio and Councilman Dan Plawker
by Municipal Judge , Bonnie Mizdo!.
ALSO PRESENT:
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 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 and
proofreading by the Munic ipal Cle rk.
2002 RE -ORGANIZATION
ON A MUCH LIGHTER NOTE, I WANT YOU ALL TO KNOW THAT THE BOROUGH
OF ENGLEWOOD CLIFFS IS DOING VERY WELL. THANKS TO THE GOO D WORK
OF OUR BOARD OF ADJUSTMENT AND PLANNING BOARD, OUR COMMERCIAL
RATABLES ARE IN EXCELLENT SHAPE.
THOUGH THERE MAY BE TOUGH ECONOMIC TIMES AHEAD, DUE TO THE WAR
IN AFGANISTAN AND OUR NATION'S FIGHT AGAINST TERRORISM.. .. AT LEAST
HERE AT HOME YOU WILL HAVE STABILITY YOU CAN COUNT ON.
THE CNBC SITE IS REALLY SHAPING UP. THEY HAVE MADE TERRIFIC
PROGRESS IN GETTING THAT BUILDING FINISHED AND READY FOR
OCCUPANCY.
WORLD WAR II AND THE KOREAN WAR WERE DIFFERENT BECAUSE THE
ENEMY WAS DEFINED. BUT EVERYTHING WE FOUGHT FOR IN THOSE WARS,
AS WE DID IN DESERT STORM, WERE THE SAME VALUES AND WAY OF LIFE
WE HOLD DEAR. I FOR ONE WILL NOT LET ANYONE CHANGE WHAT WE HAVE
ACCOMPLISHED AND CHERISH IN TillS COUNTRY.
On a motion by Plawker, seconded by Manolio, the resolution 02-12 was offered for adoption:
ROLLCALL:
AYES: Plawker, Murph y, Manolio, Drimones, Kasoff, Parisi
RESOLUTION 02-12
WHEREAS, the Borou gh of Englewoo d Cliffs Mayor and Council has established their
Cau cus and Regul ar meeting dates for the year 2002. TIle Regular meetings will be held on the third
Wednesday of each month at 8:00 p.m. at the Municipal Building, 10 Kahn Terrace, Englewood
Cliffs , New Jersey. Caucus meetings will be held at 6:30 p.m. on the same night as the regular
meeting. Actio n may be taken at either meeting.
REGULAR MEETING
ROLL CALL:
AYES: Plawker, Murphy, Manolio, Drimones, Kasoff, Pari si
MAYOR PARISI STATED : WITH THE ADVICE AND CONSEN T OF THE COUNCIL, I
MAKE THE FOLLOWING APPOINTMENTS:
RESOLUTION 02-01
WHEREAS, it is necessary for the Borough of Englewo od Cliffs to engage the services of a
Borough Attorney for the year 2002 to provide Legal services which are necessary for the operation
of said Borough; and
WHEREAS, funds will be available by way of hudget appropriations and passage of bond
ordinances to compensate said Attorney, and;
,
WHEREAS, the Local Public Contracts Law (N.l.S.A. 40A:ll et seq) requires that the resolution
authorizing the award of contracts for "professional services" without competitive bids must he
publicly advertised;
The Borough Attorney for the year 2002 is hereby designated as E. Carte r Corriston, Esq .
The compensation for said position shall be commensurate with the services rendered by said
Attorney during the year;
This contract is awarded without public bidding as professional services under the Local Contracts
Law by virtue of N .J.S.A. 40A: 11-7 which specifically exempts such contracts from the
requirements of public bidding. The Borough Clerk is hereby authorized and directed to publish a
copy of this resolution in the newspaper within ten (10) days from the date hereof.
RESOLUTION 02-02
WHEREAS, it is necessary for the Borough of Englewood Cliffs to engage the services of a
Borough Auditor for the year 2002 to provide Auditing services which are oecessary for the
operation of said Borough; and
WHEREAS, funds will be available by way of budget appropriations and passage of bond
ordinances to compensate said Auditor, and
WHEREAS, the Local Public Contracts Law (NJ.S.A.40A:ll et seq) requires that the resolution
authorizing the award of contracts for "professional services" without competitive bids must be
publicly advertised;
The Borough Auditor for the year 2002 is hereby designated as Steven Wielkotz.
The compensation for said position shall be commensurate with the services rendered by said
Auditor during the year;
This contract is awarded without public bidding as professional services under the Local Contracts
Law by virtue ofNJ .S.A.40A:11-7 which specifically exempts such contracts from the requirements
of public bidding. The Borough Clerk is hereby authorized and directed to publish a copy of this
resolution in the newspaper within ten (10) days from the date hereof.
RESOLUTION 02-03
WHEREAS, it is necessary for the Borough of Englewood Cliffs to engage the services of an
Engineer for the year 2002 to provide Engineering services which are necessary for the operation of
said Borough; and
WHEREAS, funds will he available by way of budget appropriations and passage of bond
ordinances to compensate said Engineer, and
WHEREAS, the Local Public Contracts Law (NJ.S.AAOA:II et seq) requires that the resolution
authorizing the award of contracts for "professional services" without competitive bids must be
publicly advertised;
The Borough Engineer for the year 2002 is hereby designated as Steven Boswell.
The compensation for said position shall be commensurate with the services rendered by said
Engineer during the year;
This contract is awarded without public bidding as professional services under the Local Contracts
Law by virtue of NJ .S.A. 40A:II -7 which specifically exempts such contracts from the
requirements of public bidding. The Borough Clerk is hereby authorized and directed to publish a
copy of this resolution in the newspaper within ten (10) days from the date hereof.
RESOLUTION 02-04
WHEREAS, it is necessary for the Borough of Englewood Cliffs to engage the services of a Bond
Counsel for the year 2002 to provide Legal services which are necessary for the operation of said
Borough; and
WHEREAS, funds will be available by way of budget appropriations and passage of bond
orclinances to compensate said Bond Counsel; and
WHEREAS, the Local Public Contracts Law (NJ.S.A. 40A:II et seq) requires that the resolution
authorizing the award of contracts for "professional services" without competitive bids must be
publicly advertised;
The Borough Bond Counsel for the year 2002 is hereby designated as CONNELL, FOLEY &
GEISER.
TIle compensation for said position shall be commensurate with the services rendered by said Bond
Counsel during the year;
This contract is awarded without public bidcling as professional services under the Local Contracts
Law by virtue ofN.J .S.A. 40A:II-7 which specifically exempts such contracts from the
requirements of public bidcling. The Borough Clerk is hereby authorized and directed to publish a
copy of this resolution in the newspaper with ten (10) days from the date hereof.
RESOLUTION 02-14
WHEREAS, it is necessary for the Borou gh of Englewood Cliffs to engage the services of a Tax
Appeal Attorney for the year 2002 to provide Legal services which are necessary for the operation of
said Borough; and
WHEREAS, funds will be available by way of budget appropriations to compensate said Attorney ,
and;
WHEREAS, the Local Public Contracts Law (NJ.SA 40A:II et seq) requires that the resolution
authorizing the award of contracts for "professional services" without competitive bids must be
publicly advertised;
The Tax Appeal Attorney for the year 2002 is hereby designated as Steven M uhlstock, Esq. and
t he firm of Gittleman, M uhlstock & Chewcaskie,
The compensati on for said position shall be commensurate with the services rendered by said Tax
Appeal Attorney during the year;
This contract is awarded without public bidding as professional services under the Local Contracts
Law by virtue of NJ.S.A. 40A: 11-7 which specifically exempts such contracts from the
requirements of public bidding. 111e Borough Clerk is hereby authorized and directed to publish a
copy of this resolution in the newspaper within ten (10) days from the date hereof.
On a motion by Plawker, seconded by Parisi, resolution 02-15 was offered for adoption:
RESOLUTION 02-15
WHEREAS, the State of New Jersey has mandated that each Municipality have a Public
Agency Compliance Officer; and
WHEREAS, the Borough of Englew ood Cliffs is desirous of comp lying with the State
Mandate;
NOW, TIIEREFORE BE IT RESOLVED that the Mayor and Council of the Borough of
Englewood Cliffs hereby appoints Joseph Favaro, Borough Administrator, to the position Public
Agency Compliance Officer for the Borough of Englewood Cliffs, for the year 2002.
RESOLUfION 02-13
WHEREAS, it is necessary for the Borough of Englewood Cliffs to engage the services of a
Borough Prosecutor for the year 2002 to provide Lega l services which are necessary for the
operation of the MUnicipal Court of said Borough; and
WHEREAS, compensa tion will be available by way of budget appropriations to compensate said
Attorney, and;
WHEREAS, the Local Public Contracts Law (NJ.S.A. 40A: 11 et seq) requires that the resolution
authorizing the award of contracts for "professional services" without competitive bids must be
publicly advertised;
The Borougb Prosecutor for the year 2002 is hereby designated as Marc C. Saperstein; and
This contract is awarded without public bidding as professional services under the Local Contracts
Law by virtue ofNJ .S.AAOA:II -7 which specifically exempts such contracts from the requirements
of public bidding.
The Borough Clerk is hereby authorized and directed to publish a copy of this resolution in the
newspaper within ten (10) days from the date hereof.
02-14
JANUARY 2, 2002
DR MARK SINGER
DR RONALD WHITE
DR. BETH RAUCHER
CATHERINE CAFIERO
ROBERTA SONZOGNI
JOSEPHINE HENN
JOAN COLEGERO
ROSE MASTELLONE
CATHERINE CAFIERO
ROSE MASTELLONE
JOSEPHINE HENN
JOAN COLEGERO
CATHY PATRICK
JOANN OBERTLIK
WHEREAS, the Borough of Englewood Cliffs has resolved to join the South Bergen
Municipal 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 risk
management consultant to perform various professional services as detailed in the by-laws and;
WHEREAS, the by-laws indicate a minimum fee equal to six (6%) percent of the municipal
assessment which expenditure represents reasonable compensation for the services required and was
included in the cost considered by the mayor and council and;
WHEREAS the j udgmental nature of the risk management consultant's duties renders
comparative bidding impracticaL
NOW THERE FORE, BE IT RESOLVED that the Borough of Englewood Cliffs does
hereby appoint Anthony Sorrentino as its risk management consultant in accordance with 40A:11-5
and; ,
BE IT FURT HER RESOLVED that tbe Mayor and Borough Clerk are hereby authorized
and directed to execute the consultant's agreement annexed hereto and to cause a notice of this
decision to be published according to N.J.S.AAOA:1 1-5 (1) (a) (i).
BOROUGH DEPOSITORIES
RESOLUTION 02-10
BE IT FURTHER RESOLYED that the said banks be and are hereby authorized to make
payments from the funds on deposit with them upon and according to signed checks, drafts, notes
and/or acceptances of the Borough of Englewood Cliffs pursuant to the attached list of accounts and
authorized signatures.
RESOLUTION 02-07
WHEREAS, Section 40 A:4-J9 of Rev ised Statutes of the local Budget Act provides that, where any contracts,
commitme nts or payments are to be made prior to the adoption of the 20 0 2 b ud ge~ temp orary app ropriations be
made for the purposes andamounts required in the manner and time therein provided; and
WHEREAS, the date of this reso lution is within the first thirty days of January, 2002, and
WHEREAS, said tempora ry appropriations are limited to 26 .25% of the total app ropriations in the 2001
budget, exclusive of any appropriations made for debt service, Public Assistance, and Capital Improvement
Fun d in the said 200 1 budget,
GEJI,'ERAL APPROPRIATIONS
Board of Adjustment:
Salaries and Wages 2,000 .00
Other Expenses 2,500 .00
Shade Tree:
Salaries and Wages 1,200.00
Other Expenses 3,000.00
Rental ofBuilding 1,500.00
Insurance:
Group Insurance 150,704.00
General Insurance and Bonds 70,000 .00
Cons truction Board of Appeals
Other Expense 500.00
PUBLIC SAFETY:
Fire:
Salaries and Wages 15,000.00
Fire Hydrant Services 14,000 .00
Other Expenses 12,000.00
Police:
Salaries and Wages 675,701.00
Other Expenses 50,000.00
SANITATION: i
Garbage and T rash Removal 100,000.00
,
Sewer System :
Oth er Expenses 4,500.00
Bergen Cou nty Ut ilities Authority Service Charge 130,000.00
UTILITIES:
Gas , Electric and Water 15,000.00
Telephone 10,000.00
Wa ter 1,000.0 0
Street lighting 30 ,000.00
STATUTO RY EXPENDITURES:
Consolidated Police and Firemen's Pension Fund II ,876.00
Police & Firemen's Retirement System of New Jersey 278,436.00
Social Security (OASI) 20,000.00
DEBT SERVICE
RESOLUTION 02-08
WHEREAS, in accordance with the provisions of N.J.SA 54:4-67 as amended, the governing body
of each municipality may, hy resolution fix the rate of interest to be charged for non-payment of
taxes 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, may
provide that no interest shall be charged if payment of any installment is made within 10 days after
the date upon which the same become payable; .,
NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of
Englewood 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 any
installments 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 grace
period shall bear interest from the due date:
02-24
JANUARY 2, 2002
RESOLUTION 02-09
WHEREAS, it is in the best interest of the Borough of Englewood Cliffs and its various employees
to provide a continuity of payment in accordance with the schedules contained in the official salary
ordinance of the Borough of Englewood Cliffs; and
WHEREAS, in order to effectuate such purpose it is necessary to authorize the signing of payroll
checks for the payroll period immediately prior to the formal approval of a salary voucher for such
period;
WHEREAS, it is in the best interest of the Borough of Englewood Cliffs and its various employees
to provide a continuity of payment in accordance with the schedules contained in the official salary
ordinance of the Borough of Englewood Cliffs; and .'
WHE REAS, in order to effectuate such purpose it is necessary to authorize the signing of payroll
checks for the payroll period immediately prior to the formal approval of a salary voucher for such
period;
RESOLUTION 02-17
WlillREAS, the Borough of Englewood Cliffs adopts its Cash Management Plan
annually; and
WHEREAS, this Cash Management Plan shall be designated to assure tot he extent
practicable the investment of local funds in interest bearing accounts and may be modified from
time to time in order to reflect changes in Federal or State law or regulations:
RESOLUTIO N 02-18
WHEREAS, said grants have either been not fully utilized or award periods have lapsed;
and
Receivables: Balances
Grant:
Clean Communities Program $11.360
.... .. ...... ...... .. ...... ...... ... ....... .... ... ... ...... ..... ...: $11.360
Appropriated Reserves :
Grant:
Supplemental Fire Services Program , $5,439
Alcohol Education and Rehabilitation.. . . 503
Recycling Tru st Fund Grant.. .11,734
Road Repair Grant.. .3,769
Drunk Driving Enforcement Fund 1,427
Clean Communities Grant Program I ,816
Recycling Tonnage Grant.. 7,444
Muni cipal Recycling Assistance Program .. ................ 15,221
Clean Communi ties Grant Program 395
Clean Communities Grant Program 884
Recycling Tonnage Grant.. 36
Recycling Tonnage Grant.. .4,624
Drunk Driving Enforcement Fund 66
Community Developme nt Block Grant........ 46 1
Alcohol Education and Rehabilitation 202
New Jersey Hazardous Materials 3,503
Drunk driving Enforcement Fund .437
Clean Communities Grant Program 6,254
Clean Communities Grant Program 2,580
Alcohol Education and Rehabi litation 211
Clean Communities Grant Program 6,059
... .... ...... .. . .... ... ... ... ... .. ... ... ...... ...... ... . ...... ..$73,065
MAYOR PARISI ASKED THE COUNC IL MEMBERS IF THEY HAD ANY REMARKS
THEY WISHED TO MAKE.
Councilman Manolio thanked the community for re-electing him to office. He also recognized
the fallen heroes of September 11, 200 l.
Councilwoman Drimones also offered her thanks to those who served on September 11.
Councilman Murphy thanked the communi ty for electing Torn Manolio and n an Plawker to
office.
Co uncilman P lawker thanked the citizens of Englewood Cliffs for his re-election. His heart
goes out to all those persons who suffered a loss because of September 11 , 200 I .
Councilman Kasoff wished everyone a Happy New Year and wished that 2002 will be better than
2001.
ATTEST: APPROVED:
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 by the "Open Public Meetings Act."
This notice is on file with the Municipal Clerk and posted on the buUetin board.
Min utes of this meeting will be made available to the public upon the completion of typing and
proofreading by the Municipal Clerk.
MINUTES OF THE : Caucus Meeting of December 19, 2001 and Regular Meeting of December
19, 2001 were placed on the Regular Agenda for approval.
Ms. Melonie Simon Feeding Rescue Workers at the World Trade Center
Action involving this letter will take place at the regular meeting after Ms . Simon
details exactly what she wants the Council to do.
Mr. Corriston reported that the contract between the Englewood Library and the
Borough of Englewood Cliffs has been signed and returned to Englewood.
Mr. Bialko reported that the rubber tire payloader has broken down . He has spoken to Foley
about repairs. The transmission repair will cost $10,000; the top engine repair costs
$30,000. The vehicle as is, is worth $7,000. The $30,000 repair will increase the value of
the vehicle to about $25,000. The repair is guaranteed for 180 days.
At present, Mr. Bialko is renting a rubber tire payloader for $5,000 per month.
Mr. Coniston suggested that Mr. Bialko get the transmissio n fixed and prepare specs for a
new machine. Be sure the specs are generic.
ADJOURN:
On a motion by Kasoff, seconded by Drimones, the meeting adjourned at 8:00 p.m. Carried.
ATTEST: APPROVED :
ALSO PRESENT:
ADEQUATE NOTICE OF THIS MEETING WAS GIVEN TO THE PRESS AND POSTED AS
REQUIRED . DATE AND TIME OF rms MEETING WAS LEGALLY GIVEN AS REQUIRED
BY THE "OPEN PUBLIC MEETINGS ACT."
THIS NOTICE IS ON FILE WITH THE MUNI CIPAL CLERK AND POSTED ON THE
BULLETIN BOARD.
MINUTES OF THIS MEETING WILL BE MADE AVAILABLE TO THE PUBLIC UPON THE
COMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK .
Ms . Simon explained how she and two of her friends worked at Nino's Restaurant. The
restauran t feeds many of the workers from the World Trad e Center. They not only need
donations to help with the cost but also volunteers.
Councilman Parisi suggested that he will contact the Chamber of Commerce in order to
obtain donations from them . Possibly the High School Students, as part of their
community service requirements, collect monies to help defray the expenses incurred
by the restaurant.
CLAIMS :
On a motion by Plawker, seconded by Kasoff, the Claims for the month of January, 2002 were
ordered paid.
RESOLUTIONS:
On a motion by Plawker, seconded by Drimones, Reso luti on 02-19 was offered for adoption:
ROLL CALL:
AYES: Plawker, Murphy, Manolio, Drimones, Kasoff, Parisi
RESOLUTION 02-19
WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs, Bergen County,
New Jersey, firmly upholds the concept, in law and in practice; of the separation of issues involving
Church and State; and
WHEREAS, the respons ibility to mainta in that separat ion does not preclude protecting
the right of every individual to practice any religion or to follow the dictates of any set of political
or social beliefs, so long as thos e practi ces do not infringe uppn the rights of others, is deemed a
proper mandate for public offici als to support and endorse; aI/d
WHEREAS, such discrimination and persecuti on are, in many cases, part of pub lic
policy;
O n a motion by M urphy, seconded by Parisi, Resolution 02-20 was offered for adoption:
ROLL CALL:
AYES: Plawker, Murphy, Manolio, Drimones, Kasoff, Parisi
RESOLUTION 02-20
WHEREAS, Mr. Sam Cohen, Chairman, Montammy Fund, P.O. Box 496, Alpine, New
Jersey, has donated $1,000.00 to the Englewood Cliffs Police Department; and
WHEREAS, the money has been specifically donated to the Englewood Cliffs Police
Department toward the purchase of an Electronic Message Sign Board; and
WHEREAS, a check in the amount of $1,000.00 has been received by the Borough and
has been deposited in the Borough 's account;
NOW, THEREFORE,
BE IT RESOLVED that the Englewood Cliffs Mayor and Council does hereby accept
the generous donation of Mr. Sam Cohen, Chairman, Montammy Fund, toward the purchase of an
Electronic Message Sign Board.
I
On a motion by Drimones, seconded by Pla wker , Resolution 02-21 was offered for adoption:
ROLL CALL:
AYES: Plawker, Murphy, Manolio, Drimones, Kasoff, Parisi
RESOLUTION 02-21
WHEREAS, the Fred H. Witte Memorial Scholarship Fund, has donated $16,878.75 to the
Englewood Cliffs Recreation Department; and
WHEREAS, the money has been specifically donated to the Englewood Cliffs
Recreation Department toward the purchase recreation equipment; and
WHEREAS, a check in the amount of $16,878.75 has been received by the Borough and
has been deposited in the Borough's account;
NOW, THEREFORE,
BE IT RESOLVED that the Englewood Cliffs Mayor and Council does hereby accept
the generous donation of the Fred H. Witte Memorial Scholarship Fund, toward the purchase of
recreation equipment.
On a motion by Drimones, seconded by Parisi, Reso lution 02-22 was offered for adoption :
ROLLCALL:
AYES: Plawker, Murphy, Manoli o, Drimones , Kasoff, Parisi
RESOLUTION 02-22
BE IT RESOLVED that the Mayor and Council of the Borough of Englewood Cliffs does
hereby authorize the Mayor and Municip al Clerk to sign the Agreement, between the County of
Bergen and the Borough of Englewo od Cliffs, for the 2002 Professional services for the Employee
Assistance Program.
AP POINTMENTS:
With the advice and consent of the Council, Mayor Parisi nominated John Obertlik as the Deputy
Superintendent of Public Works.
,
AYES: Plawker, Murphy, Manolio, Drimones, Kasoff, Parisi
COMMITTEE REPORTS:
Councilman Kasoffreported that the new taxi service for Senior Citizens has started with
great success. The Seniors have voiced approval for the door to door service. Mr. Kasoff
stated that this service should save the Borough about $10,000 per year.
The Planning Board had no new items before it. The last meeting was ju st the Sine Die and
Re-Organization meeting.
John Grieco, Superintendent ofthe Bergen County Academies, has been named as the
Superintendent ofScbools of the City of Englewood.
The magnet school has enrolled 68 students from outside the district and 68 students from
inside the district.
Counc ilman Murphy announced the service time of the follow ing Police Officers:
Councilman Murphy also reported that Chief Whiting also upgraded the safety curtain
located in the shooting range. This will prevent the possible ricochet ofbuJIets, thus
protecting po lice officers.
Letter was received complim enting Lt. M urrary for solving a stolen credit card case.
Letter received from the family of retired Lt. Higgins, for the police escort during the
funeral of his father.
Councilwoman Drimones reported that Basketball and Soccer started last Saturday.
Baseball registration will take place on Marc h 5, from 7 p.m . to 9 p.m. and also on
March 9 from 9 a.m. to 12 noon.
Counci lman Manolio reported that the Board of Adjustment held their re-organization on
January 14th
Mr. Corriston reported that the Library Contract has been executed and returned to
the Library for their signatures.
Nextel has filed suite against the Borou gh and the Board of Adjustment.
He stated that he will use Mr. Kasler to help with the litigation.
Mr. Hipolit reported that the Sanitary Sewer project will begin next week.
Chief Whiting announced that there will be two water trucks available to the Borough
when United Water shuts down the water on 9W while repairing a broken meter on
Thursda y and Friday. '
Mr. Bialko reported that work has begun on the Bayview Avenue playground. He expects
the completion date to be in April. .
NEW BUSINESS:
Mayor Parisi asked the Chief of Police and the Supt. of Public Works to inspect the town and to
remove all illegal signs that are posted on telephone poles.
PUBLIC PORTION: On a motion by Drimones, seconded by Manolio, the meeting was opened to
the public. Carried.
On a motion by Parisi, seconded by Drimone s, the public portion of the meeting was closed.
Carried.
On a motion by Manolio, seconded by Drimon es, the meeting was adjourned at 8:40, p.m.
ATTEST: APPROVED:
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ALSO PRESENT:
.'
Borough Attorney E. Carter Corriston, Esq.
Borough Engineer Andrew Hipolit
Chief of Police Lawrence Whiting
Supt. of Public Works Rodney Bialko
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 by the "Open Public Meetings Act."
This notice is on file with the Munic ipal Clerk and posted on the bulletin board .
Minutes of this meeting will be made available to the public upon the completion of typing and
proofreading by the Municipal Clerk.
On a motion by Manolio , seconded by Kasoff, resolution 02-26 was offered for adoption:
ROLLCALL:
AYES : Plawker, Murphy, Manolio , Drimones, Kasoff, Parisi
RESOLUTIO N 02-26
WHEREAS, N.J .S.A. 10:4-12 allows for a public body to go into closed session during a
public meeting, and
WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs has deemed it
necessary to go into closed session to discuss certain matters which are exempted from the public,
NOW, THEREFORE BE IT RESOLVED , that the Mayor and Council of the Borough of
Englewood Cliffs will go into closed session for the following reason as outlined in NJ.S .A. 10:4-
12:
ANY PENDING OR ANTICIPATED LITIGATION
,
Englewood Cliffs ads. L auzon
Englewood Cliffs a ds. Parkwa y Toyota
Closed session began at 6:35 p.m. and ended at 6:55 p.m. Open session began immediately
thereafter.
,
MINUTES OF THE: Re-Organization Meeting of January" 2, 2002; Caucus Meeting of January
16, 2002; and Regular Meeting of January 16, 2002 were placed on the Regular Agenda for
approval.
The Municipal Engineer explained that the D.E.P. was authorizing 26 new homes to be
connected to the sanitary sewer system. All credits for work done on the sanitary sewer
system were taken by the D.E.P. for permission to do the 26 homes, even though the
Borough has decreased its flow far in excess to the amount the 26 homes would generate.
Ordered filed and placed on the regular agenda for approval.
2. Steven Muhlstock, Esq. Eng lewood Cliffs ads. Lauzon [Closed Session]
Resolution 02-25, agreeing to the settlement was placed on the regular agenda for approval.
02-40
FEBRUARY 20, 2002
Mr. Hipolit reported that the sanitary sewer proj ect taking place on US Route 9W and
Huds on Terrace is on schedule and should be completed within the month.
Ms. Favaro, Shade Tree Chairp erson reported to the Mayor and Council that there were
trees located at Witte Field that were dead and many that were in danger of dying. She
offered suggestions as to what can be done to save the dying trees. The dead tre es must
be removed because they are a danger to the people using the field. Tree experts have
been notified and asked to inspect the trees that are in danger. Mr. Bialko will assist
Ms. Favaro in contacting tre e experts. Costs for all this have to be determined.
ADJOURN : On a motion by Manoli o, seconded by Kasoff, the meeting was adjourned at 7:45 pm.
Carried.
ATTEST: APPROVED:
02-41
BOROUGH OF ENGLEWOOD CLIFFS
BERGEN COUNTY, NEW JERSEY
ALSO PRESENT:
AD EQUATE NOTICE OF THIS MEETING WAS GIVEN TO THE PRESS AND PO STED AS
REQ UIRED . DATE AND TIME OF rms MEETING WAS LEGALLY GIVEN A S REQUIRED
BY THE "OPEN PUB LIC MEETINGS ACT."
rms NOTICE IS ON FILE WITH THE MUNICIPAL CLERK AND PO STED ON THE
BULLETIN BOARD.
MINUTES OF THIS MEETING WILL BE MADE AVAILABLE TO THE PUBLIC UPON THE
COMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK .
On a motion by P1awker, seconded by Manolio , the Claims for the month of February, 2002 were
ordered paid.
RESOLUTION S:
On a motion by Ma nolio, seconded by Drimones, Resolution 02-23 was offered for adoption:
ROLLCALL:
AYES: Plawker, Murphy, Manolio, Drimones, Kasoff
ABSENT: Parisi
On a motion by Plawker, seconded by Manolio, Resolution 02-24 was offered for adoption:
ROLLCALL:
AYES: Plawker, Murphy, Manolio, Drimones,Kasoff
ABSENT: Parisi
RESOLUTION 02-24
WHEREAS, the Borough of Englewood Cliffs desires to obtain a grant from the New
Jersey Department of Community Affairs, for approximately $10,000.00, with $10,000.00 local
share for a total contract of $20,000.00 for 2002 to eliminate the hazards at the Bayview Park.
BE IT THEREFORE RESOLVED, that the Borough of Englewood Cliffs does hereby
authorize the execution of the grant agreement from the Department, and also, upon receipt of the
fully executed agreement from the Department, does further authorize the expenditure of such
funds pursuant to the terms of said agreement between the Borough of Englewood Cliffs and the
New Jersey Department of Community Affairs.
BE IT F URTHE R RESOLVED that the persons whose names, titles, and signatures
appear below are authorized to sign the agreement, and any other documents necessary in
connection therewith:
On a motion by Plawker, seconded by Drimones, Resolution 02-25 was offered for adoption:
ROLLCALL:
AYES: Plawker, Murphy, Manolio, Drimones, Kasoff
ABSENT: Parisi
RESOLUTION 02-25
WHEREAS, Parkway Toyota is the owner of certain property located in the Borough of
Englewood Cliffs, at Block 130, Lot 23, also known as 100 Sylvan Avenue; and
WHEREAS, taxpayers have filed 2000 and 200 1 real property tax appeals , whic h maters
are presently pending in the Tax Court of New Jersey; and
WHEREAS, the Borough has reviewed and analyzed all rele vant docu ments and
appraisals and has conducted several settlement conferences; 'and
WHEREAS, it is the Borough Appra iser's opinion that the settlement is in the best
interests of the Borough of Eng lewood Cliffs ;
NOW, THEREFORE BE IT RESOLVED by the Mayor and Coun cil of the Borough
of Englewood Cliffs that the Borough Tax Appeal Attorney be and he is hereby authorized and
directed to execute any and all documents necessary in order to settle litigati on entitled Parkwav
Toyota Y. Englewood Cliffs , pending in the Tax Court of New Jersey, so that the 2000 and 2001
total assessmen t of $6.3 million will be reduc ed to a total of $5.4 million, with a refund of
approximately $24,000, inclusive of both years; and be it further
RESOLVED, that the aforesaid settlement is predicated and conditioned upon the
withdrawal of the compl aints filed entitled Lauzon YS. Englewood Cliffs; and be it furth er
RESOLVED, that the aforesaid settlement is further predicate d upo n a waiver of any and
all pre-j udgme nt interest on any refund due to the taxpayer.
02-45
FEBRUARY 20, 2002
On a motion by Manolio, seconded by Drimones, Resolution 02-27 was offered for adoption:
ROLL CALL:
AYES: Plawker, Murp hy, Man olio, Drimones, Kasoff
ABSENT: Parisi
RESOLUTION 02-27
WHEREAS, Uni lever United States Foundation Inc., 390 Park Ave nue, Ne w York, NY
10022 has donated $3,000.00 to the Englewood Cliffs Po lice Department; and
WHEREAS, the money has been specifically donated to the Englewood Cliffs Pol ice
Department toward the purchase of an Electronic Message Sign Board; and
WHEREAS, a check in the amo unt of $3,000.00 has' been received by the Borough and
bas been deposited in the Borough' s account; ,
NOW, THEREFORE,
BE IT RESOLYED that the Englewoo d Cliffs Mayor and Council does hereby accept
the generous donation of Unilever United States Found ation Inc., toward the purchase of an
Electronic Me ssage Sign Board .
O n a motion by Drimones, seconded by Plawker, Resolution 02-28 was offered for adoption:
ROLL CALL:
AYES: Plawker, Murphy, Manolio, Drimones, Kasoff
ABSENT: Parisi
RESOLUTION 2002-28
BE IT RESOLYED by the Mayor and Council of the Borough of Englewood Cliffs that the
following transfers between the 2001 Budget appropriations be made:
On a motion by Manolio, secon d ed by Drimones, resolution 02-29 was offered for ad opt ion.
ROLLCALL:
AYES : Plawker, Murphy, Manolio, Drimones, Kasoff
ABSENT: Parisi
02-47
FEBRUARY 20, 2002
BE IT RESOLVED, that the Bo rough Counci l of the Borough of Englewood Cliffs does
hereby authori ze the Muni cipal Clerk to sign a Treatment Wo rks Approval Application for
Charter Ridge, L.P. , B lock 206, Lot 25 .
On a motion by Plawker, seconde d by Drimon es, r esolution 02-30 was offered for adoption.
ROLL CALL :
AYES: Plawker, Murphy, Maoolio, Drimones, Kasoff
ABSENT : Parisi
RESOLUTION 02-30
BE IT RESOLVED, tha t the Borough Council of theo "Borough of Englewood Cli ffs does
hereby authorize the Municipal Clerk to sign a Treatment Works Approval Application for
Taoglewood Cli ffs, Blo ck 101 , Lots 1,2,20.
Councilmao Plawker moved the ordinance be give n its first reading. So ordered.
The municipal clerk read the said ordinaoce by title. Councilmao Plawker moved the ordinaoce
be adopted on first reading aod published in the Press Journal on February 28, 2002.
Th e public hearing to be held on March 20, 2002. Motion was seconded by Councilwomao
Drimones.
The ordinance was approved at the first reading upon the call of the roll.
ROLL CALL:
AYE S: Plawker, Murphy, Manolio, Drimones, Kasoff
ABSENT: Paris i
On a motion by Manolio, seconded by Plawker, Resolution 02-31 was offered for adoption:
ROLLCALL:
AYES: Plawker, Murph y, Manolio, Drimones, Kasoff
ABSENT: Parisi
RESOLUTION #2002-31
WHEREAS, the Borough of Englewood Cliffs desires to -constitute the 2002 Tem porary
Capital Budget of said municip ality by insertin g therein the foll owing project.
Section 1. The 200 2 Temporary Capital budget of the Borough of Engle wood Cliffs
is hereby constituted by the adoption of the schedule to read as follow s:
Budget Capital
Est. Appr. Imp . Capital General
Project Costs Grants Fund Fund Surplus Bonds
Section 2. 111e Clerk be and is authorized and directed to file a certified cop y of this
resolution with the Di vision of Local Government Services, Department of Community Affairs,
State of New Jersey, within three days afte r the adoption of this proj ect for 2002 Temporary
capital Budget , to be included in the 2002 Perm anent Capital Budget as adopted.
2002 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.)
COURTESY OF COUNCILMAN ROBERT AGRESTA
TRANSPARENCY IN GOVERNMENT INITIATIVE - HTTP://WWW.ROBERTAGRESTA.COM
MAY 05 2009 2002-000052-REV1
02-49
FEBRUARY 20, 2002
ORDINANCE 2002-02
Councilman Manolio moved the ordinance be given its first reading. So ordered.
The municipal clerk read the said ordinance by title. Councilman Manolio moved the ordinance
be adopted on first reading and published in the Press Journal on Febru ary 28, 2002 .
The public hearing to be held on March 20, 2002. Mo tion was seconded by Co uncilwoman
Drimones.
The ordinance was approved at the first reading upon the call of the roll.
ORDINANCE 2001-03
Councihn an Plaw ker moved the ordinance be given its first reading. So ordered.
The municipal clerk read the said ordinance by title. Councilman Plawker moved the ordinance
be adopted on first reading and published in the Press Journal on February 28, 2001.
The public hearing to be held on March 20, 200 I. Motion was seconded by Councilman Man olio.
TI,e ordinance was approved at the first reading upon the call of the roll.
COMMITTEE REPORTS :
Councilman Kasoffreported that Junior Fire Fighter, John Cioffi has been made a
regu lar member of the Englewood Cliffs Volunteer Department.
Councilman Plawker reported that Dwight Morrow High School conducted a presenta tion
on the new magnet schoo!. Sup t. John Greico presided. There were 250 attendees.
On February 25, Mr. Greico will make a presentation at the Englewoo d Cliffs Upper
School Library .
No Report
Councilman Manolio reported that the Board of Adj ustment meeting had to be postponed
because there was no Attorney in attendance.
No report
The Sanitary sewer projects on Hudson Terrace and Route 9W were on schedule.
The project was due to be completed by April I.
The park on West Bayview Avenue has been staked out for renovation
Councilman Murphy stated that the sanitary sewer contractor had dumped sand and rock
on John Street and that the workers were very rude to residents who compl ained to them
about the dumping. Mr. Hipolit slated that he reprimanded the company .
Mr. Bialko reported that he started -work on the Bayview Par k. The top of the area has
been scraped. and grading will now take place.
Chief Whiting announced that Emergency Water Restrictions have been ordered by the
Bergen County Office of Emergency Management.
MAYOR PARl SI reported that he has asked the Supt. of Public Works to investigate the possibility
of drilling a well at Witte Field. The water would be used for the sprinkling system.
WHEREAS, the citizens of Englewood Cliffs stand firmly committed to promoting reading as the
catalyst for our students' future academic success, their preparation for America' s jobs of the future,
and their ability to compete in a global economy; and
WHEREAS, The Mayor and Council has provided significant,leadership in the area of community
involvement in the education of our youth, grounded in the principle that educational investment is
key to the community's well being and long-term quality of life; and
WHEREAS, "NEA's Read Across America," a national celebration of Dr. Seuss' s birthday on
March 2"", promotes reading and adult involvement in the educaiton of our community' s students;
AND BE IT FURTHER RESOLVED that this body enthusiastically endorses " NEA's Read
Across America" and recommits our community to engage in programs and activities to make
America's children the best readers in the world.
PUBLIC PORTION: On a motion by Plawker, seconded by Drimones, the meeting was opened to
the public. Carried.
On a motion by Plawker, seconded by Drimones, the public portion of the meeting was closed.
Carried.
Dr. Sank asked questions about the trees on Witte Field, Nextel, and the ACO.
On a motion by Drimones, seconded by Manolio, the public portion of the meeting was ordered
closed.
On a motion by Manolio, seconded by Drimones, the meeting was adjourned at 8:40, p.m.
02-52
FEBRUARY 20, 2002
ArrEST: APPROVED:
BOROUGHOFENGLEWOODCLWFS
NEW JERSEY
ALSO PRESENT:
"ADEQUATE NOTICE OF rms SPECIAL MEETING WAS GIVEN TO THE RECORD AND
PRESS JOURNAL AND POSTED AS REQUIRED.
DATE AND TIME OF rms SPECIAL MEETING WAS LEGALLY GIVEN AS REQUIRED BY
THE "OPEN PUBLIC MEETINGS ACT."
rms NOTICE IS ON FILE WITH THE BOROUGH CLERK AND POSTED ON THE
BULLETIN BOARD.
The council members reviewed the Department budget requests, as presented by the Department
Heads. Reduc tions and additions were made after discussion with the Department Heads. The
changes were given to the Municipal Clerk, who will make the changes in the computer. TI,e revised
budget document is to be given to the CFO for review .
On a motion by Plawker, seconded by Kasoff, the meeting was adjourned at I I :00 p.m.
ATTEST: APPROVED:
.,
ALSO PRESENT:
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 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 and
proofreading by the Municipal Clerk.
Mayor Parisi explained that the Bergen County Tax Board had computed our Ratio at
98.76%, while our appraiser had calculated it at 111%. We are going to appeal the decision
immediately in order to get a ruling prior to Bergen County armouncing the new tax rate.
Councilman Kasoff explained the need of the Volunteer Fire Department for a new pumper.
MINUTES OF THE: Caucus Meeting of February, 2002 and Regular Meeting of February 20,
2002 were placed on tile Regular Agenda for approval.
Resolution 02-36, approving payment, was placed on the regular agenda for approval.
Resolution 02-37, approv ing payment , was placed on the regular agenda for approval.
THE FOLLOWING ORD IN ANCE WAS PLACED ON THE REGULAR AGENDA FOR
INTRODUCTION:
Councilman Parisi made a few suggestions as how to improve the area surrounding the West
Bayview Avenue Playground and basketball court. He noted that there were many weeds and over
growth that should be removed. He also suggested that the dead-end streets leading to the area
should be better signed so that vehicles do not inadvertently go into the area.
Councilman Parisi suggested that the Municipal Attorney amend the ordinance that prohibits dogs on
Witte Field because the Borough is planning to have a dog run located near the field.
ADJO URN: The Caucus meeting was adjourned at 7:45 p.m. on a motion by Plawker, seconded
by Kasoff and Carried .
ATTES T: APflROVED :
ALSO PRESENT:
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
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 AND PROOFREADING BY THE MUNICIPAL CLERK.
On a motion by Plawker, seconded by Parisi, resolution 02-38 was offered for adoption.
ROLLCALL:
AYES: P lawker, Murphy, Drimo nes, Kasoff, Parisi
ABSENT: Manolio
The Municipal Auditor, Steven We ilkotz, explained the budget to the Council and the publi c. He
remarked that after the re-assessment , the tax rate for the Borough should be about $0.89. It could be
slightly higher or lower depending on what the new County Tax Rate is.
RESOLUTION 02-38
BE IT F URTHER RESOLVED, that said Budget be published in the Press Journal in the
Cliffs does hereby approve the following as the Budget for the year 2002:
N otice is hereby given that the budget and tax resolution was approved by the Mayor and council
of the Borough of Englewood Cliffs, County of Bergen, on Ma rch 20 th, 2002.
A hearing on the budget and tax reso lution will be held at Borou gh Hall on May 15110, 2002 at
8:00 o'clock p.m. at which time and place obj ections to said budget and tax resolution for the
year 2002 may be pre sented by taxpayers or other intere sted person s.
On a motion by Plawker, seconded by Drimones, resolution 02-41 was offered for adoption.
RE SOLUTION 02-41
WHEREAS, N J.S .A. 40A :4-78 b has authorized the Local Finance Board to adopt rules that
penni ! municipalities in so und fiscal condition to assume the respon sibility, norm ally granted to the
Director of the Division of Local Government Services, of conducting the annu al budget examination; and
WHEREAS, N.J.A.C. 50:30-7 was adopted by the Loca l Finance Board on February I I , 1997;
and
WHEREAS, pursuant to N.J.A.C. 5:30-7.2 thru 7.5 the borough of Englewood Cliffs has bee n
declared eligible to participate in the program by the Di vision of Local Government Se rvices , and the Chief
financia l Officer has determined that the Boro ugh meets the necessary co nditions to participate in the
pro gram for the 200 2 budget yea r, so no w therefore
I. That with reference to the following item s, the amo unts have bee n ca lculated pursuant to law
and appropriated as such in the budget.
3. Th at the budget is in such form, arrangement, and content as required by the Local Budget
Law and N.J.A.C. 5:30-4 and 5:30-5 .
5. T he budget and associated amendments have bee n introdu ced, publicly advertised, and in
accordance with the relevant provisions of the Local budget Law, exc ept that failure to meet
the deadlines of N.J .S.A. 40A :4-5 shall not prevent such ce rtification.
6. That all other appl icable statutory requ irements have been fulfi lled.
BE IT FURT HER RESO LVED, that a copy of this reso lution be forwarded to the Di rector o f
the D ivisio n o f Local Go vernme nt Services.
02-61
MARCH 20, 2002
CLAIMS:
On a motion by Plawker, seconded by Parisi, the Claims for the month of March, 2002 were ordered
paid . .'
RESOLUTIONS:
Dr. Sank asked the scope of Resolutions 02-36 and 02-37. Mr. Hipolit explained that one for
sanitary sewer work on US Route 9W and the other for various streets within the town.
On a motion by Drimones, seconded by Plawker, Resolution 02-32 was offered for adoption:
ROLLCALL:
AYES : Plawker, Murphy, Drimones, Kasoff, Parisi
ABSENT: Manolio
RESOLUTIO N 02-32
WHEREAS, there exists a need for the Boro ugh of Englewood Cliffs to provide state
mandated health services of a technical and professional nature for the Bloodbome Pathogens
Compliance Program; and
WHEREAS, the Bergen County Department of Health Services can assure compliance
in accordance with P.E.O.S.H.A. as follows: Expos ure Control Plan Develop ment; Policies and
Procedures, Training Programs; and Reco rd/Report Generation and Retention and bill ing support
documentation; and
WHEREAS, the Berge n County Departm ent of Health Services has agreed to provide
public health services through a contract agreem ent with the Borough of Englewo od Cliffs,
Department of Health for the calendar year 2002; and
WHEREAS, the fee is to be in an amount not to exceed $1,750.00 for training and
purchase of the vaccine under State Contract based on $38.00 per vaccina tion and funds will be
available for this purpose; and
WHEREAS, it has been certified that this meets the statutes and regulations concerning
the award of said contract;
I. That Joseph Favaro, Munici pal Clerk is hereby authorized and directed to execute an
agreement with the Bergen County Department of Health Services to perform pub lic health
services of a professional nature for the Bloodbome Pathogens Program for the period January 1,
2002 through December 31, 2002 at a cost in an amou nt not to exceed $1,750.00 for trainin g
and purchase oftbe vaccine unde r State Contract based on $38.00 per vaccination; and
2. Thi s contract is awarded without competitive bidding in accordanc e with NJ.S .A.
40A: 11-5(2); and
On a motion by Plawker, seconded by Par isi, Resolution 02-33 wa s offered for adoption:
ROLL CALL:
AYE S: Plawker, Murp hy, Drimones, Kasoff, Parisi
ABSENT: Manolio
RESOLUTION 02-33 . .
BE IT RESOLVED, that the Borough Council of the Borough of Englewood Cliffs does
hereby authorize the Muni cipal Clerk to sign a Treatment Works Approval Permit for V & R
Developers, Inc., Sara Hill Lane and Jenkins Drive, Block 303, Lo ts 40.
ROLLCALL:
AYES: Plawker, Murphy, Drimones, Kasoff, Parisi
ABSENT: Manolio
RESOLUTION 02-34
WHEREAS, the Divis ion of Local Government Services requires that the Governing Body
of any municipality which bas Deferred School Taxes must authorize any increase in the deferral of
any additional amounts; and
WHEREAS, the Governing Body has decid ed that an inc rease in Deferred School Taxes
is in the best interest of the Borough at this time;
02- 64
MARCH 20, 2002
Deferred Local
School Taxe s
On a motion by Pla wker, seconded by Drimones, Resolution' 02-35 was offered for adoption:
ROLLCALL:
AYES: Plawker, Murphy, Drimones, Kasoff, Parisi
ABSENT: Manolio
RESOLUTION 2002-35,
BE IT RE SOLVED by the Mayor and Council of the Borough of Englewood Cliffs that the
following transfers between the 2001 Budget appropriations be made:
02-65
MARCH 20, 2002
On a motion by Parisi, seconde d by Plawker, R esolution 02-36 was offered for adoption:
ROLLCALL:
AYE S: Plawker, Murphy, Drimones, Kasoff Parisi
ABSENT: Manolio
RESOLUTION 02-36
On a motion by Plawker, seconde d by Drimones, res olut ion 02-37 was offered for adoption.
RO LL CALL :
AYES : P lawker, Mu rphy, Drimones, Kasoff, Pari si
ABSENT: Manolio
RESOLUTION 02-37
Certificate #5 and the Final Paym ent in the amount of $14,399.54 be paid; and
WHEREAS, a two year maintenance bond in the amount of 48,792.30 , has been
to John Garcia Construc tion Co. for work comp leted on the Sewer Rehabilitation of
Vario us Streets.
ORDINANCE 2002-01
The clerk presented affidavi t of publication, showing that advertise ment had been made according to
law, which was ordered filed. Councilwoman Drim ones moved a public hearin g be held on the
ordinance. So ordered. Councilwoman Drim ones moved the clerk read the ordinance by title on
second reading. So ordered. The clerk thereupo n read the ordinance by title. The mayor then
ann ounced 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 Plawekr moved the
hearing be closed. So ordered.
Councilwoman Drimones moved the ordinance be adopted on second reading and final passage,
which motion was seconded by Co uncilman Plawker and adopted upon a call of the roll .
ROLLCALL:
AYES : Plawker, Murphy, Drimon es, Kasoff,' Pari si
ABSENT : Manolio
ORDINANCE 2002-01
CHAPTER IX:
"Family" shall mean one or more pe rsons living together as a sta ble and permanent living
unit, being a tra ditional family unit with a func tional equiva lency thereof."
02-67
MARCH 20, 2002
Residential single family dwelling shall mean a separate building designated for, or
occupied by, exclusively a one-family unit. A separate entrance, a separate kitchen and a separate
bathroom shall be prima facie proofthat it is the intention of the owner to create a multi-family
dwell ing and the same shall be prohibited in a single family residential district.
BE IT FURTHER ORDAINED that all ordina nces or parts of ordinances other than the
. zoning ordinance of the borough which are incons istent with the provisions of this chapter are
hereby repealed to the extent of such inconsistency; and
BE IT FURTHER ORDAINED should any part or provision of this Ordin ance 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.
This ordinance shall take effect upon final adoption and public ation according to law.
ORDINANCE 2002-02
TIle clerk presented affidavit of publication, showing that advertisement had been made according to
law, which was ordered filed. Councilwoman Drimones moved a public bearing 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 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 Plawker moved the ordinance be adopted on second reading and final passage, which
motion was seconded by Councilwoman Drimones and adopted upon a call of the roll.
ORDINANC E 2002-02
SECTION 3. (a) The improveme nt hereby authorized and purpose for the
financing of which the bonds or notes are to be issued is the purchase of a 2002 Articulated
Tool Carrier to be used by the Department of Public Works, all as shown on and in accordance
with the plans and specifications therefor on file or to be filed in the Office of the Borough Clerk
and available for public inspection and hereby approved.
02-6 9
MAR CH 20, 2002
SECTION 4. In the event the United States of America, the State of New Jersey, and/or
the County of Bergen make a contribution or grant in aid to the Borough for the improvement and
purpose authorized hereby and the same shall be received by the Borough prior to the issuance of
the bonds or notes authorized in Section 2 hereof, then the amount of such bonds or notes to be
issued shall be reduced by the amount so received from the United States of America, the State of
New Jersey, and/or the County of Bergen. In the event, however, that any amount so contributed
or granted by the United States of America, the State of New Jersey, and/or the County of Bergen
shall be received by the Borough after the issuance of the bonds or notes authorized in Section 2
hereof, then such funds shall be applied to the payment of the bonds or notes so issued and shall
be used for no other purpose. This Section 4 shall not apply, however, with respect to any
contribution or grant in aid received by the Borough as a result of using funds from this bond
ordinance as "matching local funds" to receive such contribution ~r grant in aid.
SECTION 5. All bond anticipation notes issued hereunder shall mature at such times as
may be determined by the Chief Financial Officer of the Borough, provide d that no note shall
mature later than one (I) year from its date or otherwise authorized by the Local Bond Law. The
notes shall hear interest at such rate or rates and be in such form' as may be determined by the
Chief Financial Officer.
The Chief Financial Officer shall determine all matters in connection with the notes
issued pursuant to this bond ordinance, and the signature of ,the Chief Financial Officer upon the
notes shall be conclusive evidence as to all such determinations. All notes issued hereunder may
be renewed from time to time in accordance with the provisions of the Local Bond Law. The
Chief Financial Officer is hereby authorized and directed to sell part or all of the notes from time
to time at public or private sale and to deliver them to the purchaser thereof upon receipt of
payment of the purchase price and accrued interest thereon from their dates to the date of delivery
thereof. The Chief Financial Officer is hereby authorized and directed to report in writing to the
Borough Council at its meeting next succeeding the date when any sale or delivery of the notes
pursuant to this bond ordinance is made. Such report must include the principal amount, the
description, the interest rate, and the maturity schedule of the notes so sold, the price obtained and
the name of the purchaser.
SECTION 6, The capital budget of the Borough is hereby amended to conform with the
provisions of this bond ordinance and to the extent of any inconsistency herewith, a resolution in
the form promulgated by the Local Finance Board showing full detail of the amended capital
budget and capital programs as approved by the Director of the Division of Local Government
Services, New Jersey Department of Community Affairs will be on file in the office of the
Borough Clerk and will be available for public inspection.
SECTIO N 7. The following additional matters are hereby determined, declared, recited
and stated:
(a) The improvement or purpose described in Section 3 of this bond
ordinance is not a current expense and is an improvement which the Borough may lawfully
undertake as a general improvement, and no part of the cost thereof has been or shall be specially
assessed on property specially benefited thereby.
(c) The Supplemental Debt Statement required by the Local Bond Law
has been duly made and filed in the Office of the Clerk of the Borough and a complete executed
duplicate thereof has been filed in the Office of the Director of the Division of Local Government
Services, New Jersey Department of Community Affairs, and such statement shows that the gross
debt of the Borough as defined in the Local Bond Law is increased by $120,750, the authorization
of the bonds or notes provided for in this bond ordinance, and the said bonds or notes authorized
by this bond ordinance will be within all debt limitations prescribed by the Local Bond Law.
(d) An amount not exceeding $6,000 for items of expense listed in and
permitted under Section 20 of the Local Bond Law is included in the estimated cost indicated
herein for the improvement or purpose described in Section 3 hereof.
SECTION 8. The full faith and credit of the Borough are 'hereby pledged to the punctual
payment of the principal of and the interest on the bonds or notes authorized by this bond
ordinance. The bonds or notes shall be direct, unlimited obligations of the Borough, and the
Borough shall be obligated to levy ad valorem taxes upon all the taxable property within the
Borough for the payment of the bonds or notes and the interest thereon without limitation as to
rate or amount.
SECTION 9. The Borough reasonably expects to reimburse any expenditures toward the
costs of the improvement or purpose described in Section 3 of this bond ordinance and paid prior
to the issuance of any bonds or notes authorized by this bond ordinance with the proceeds of such
bonds or notes. No funds from sources other than the bonds or notes authorized herein have been
or are reasonably expected to be reserved, allocated on a long-term basis, or otherwise set aside
by the Borough, or any member of the same "Controlled Group" as the Borough, within the
meaning of Treasury Regulation Section 1.150-1(1), pursuant to their budget or financial policies
with respect to any expenditures to be reimbursed. This Section 9 is intended to be and hereby is
a declaration of the Borough's official intent to reimburse any expenditures toward the costs of
the improvement or purpose described in Section 3 hereof to be incurred and paid prior to the
issuance of bonds or notes authorized herein in accordance with Treasury Regulation Section 1.
150-2, and no further action (or inaction) will be an abusive arbitrage device in accordance with
Treasury Regulation Section I . 148-10 to avoid the arbitrage yield restrictions or arbitrage rebate
requirements under Sections 142 through 147 of the Internal Revenue Code of 1986, as amended
(the "Code"). The proceeds of any bonds or notes authorized herein used to reimburse the
Borough for any expenditures toward the costs of the improvement or purpose described in
Section 3 hereof will not be used directly or indirectly (i) to "refund" an issue of governmental
obligations within the meaning of Section 148 of the Code, (ii) to create, within one year,
following the reimbursement of any expenditures of bond proceeds, "replacement proceeds"
within the meaning of Treasury Regulation Section I. 148-1 of the bonds, or any other bond
issue, or (iii) to reimburse the Borough for any expenditure or payment that was originally paid
with the proceeds of any obligation of the Borough (other than borrowing by the borough from
one of its own funds or the funds of a member of the same "Controlled Group " within the
meaning of Treasury Regulation Section 1. 150-1(1) . The bonds or notes authorized herein to
2002 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.)
COURTESY OF COUNCILMAN ROBERT AGRESTA
TRANSPARENCY IN GOVERNMENT INITIATIVE - HTTP://WWW.ROBERTAGRESTA.COM
MAY 05 2009 2002-000074-REV1
02-71
MARCH 20, 2002
reimburse the Borough for any expenditures toward the costs of the improvement or
purpose described in Section 3 hereof will be issued in an amount not to exceed $115,000. The
costs to be reimbursed with the proceeds of the bonds or notes authorized herein will be "capital
expenditures" in accordance with the meaning of Section 150 of the Code. This provision will
take effect immediately, but will be of no effect with regard to expenditures for costs paid outside
the permitted reimbursement period set forth in Treasury Regulation Section 1.150-2(d)(2).
SECTION 10. The Borough hereby covenants to maintain the exclusion from gross
income under Section 103(a) of the Code, of the interest on all bonds or notes issued by the
Borough pursuant to this bond ordinance.
SECTION 11. This bond ordinance shall take effect twenty (20) days after the first
publication thereof after final adoption, as provided by the Local Bond Law.
On a motion by Plawker, seconded by Drimones, resolution 02-39 was offered for adoption.
ROLLCALL:
AYES: Plawker, Murphy, Drimones, Kasoff, Parisi
ABSENT: Manolio
RESOLUTION 02-39 .
WHEREAS, the amendments will change the ordinance to the extent that it will have to
be re-introduced as amended;
NOW, THEREFORE BE IT RESOLVED that the Mayor and Council of the Borough
of Englewood Cliffs does hereby withdraw Ordinance 2002-03.
ORDINANC E 2002-04
Councilwoman Drimones moved the ordinance be given its first reading. So ordered .
The municipal clerk read the said ordinance by title. Councilwoman Drimones moved the ordinance
be adopted on first reading and published in the Press Journal on March 28, 2002.
The public hearing to be held on April 17, 2002. Motion was seconded by Councilman Parisi.
The ordinance was approved at the first reading upon the call of the roll.
WHEREAS, autism was thought to be a relatively rare disorder, affecting only one in
10,000 people ; and
WHEREAS, as more and more health professionals become profi cient in diagnosing
autism, more children are being diagnosed on the autistic spectrum, resulting in rates as low as
one in 500 children; and
WHEREAS, whi le there is no cure for autism, it is well-d ocume nted that if an individual
with autism rece ives treatmen t early in their lives, it is often possible for that individual to make
significant improvement; and
WHEREAS, the New Jersey center for Outreach and Services for the Auti sm
Community (COSAC) is spearheading an awareness effort in order to educa te parents,
professional and the general public about autism and its effect s;
COMMITTEE REPORTS:
No Report
No report
Pti. Colon and Ptl. Hill had each served the Borough for 7 years.
Mr. Mirchandani, 10 Laurie Drive, donated a defribulator to the ECPD. Many thanks .
Mayor Parisi also thanked the Police Dep artment for their assistance when his cousin passed
away.
Councilman Murphy regretfully annou nced that a police officer on the Bogota force had
suddenly passed away.
Little League and Softball registration has been completed. 45 girls and 110 boys have
signed up.
At present the recreation department is working on the summer program and a yoga
program.
No report
There are three more repairs to be made to the sanitary sewers on Hudson Terrace and
one more on US Route 9W.
02-74
MARCH 20, 2002
CHIEF OF POLICE:
Chief Whiting announced that the Witte Baseball Clinic will start on April 20.
PUBLIC PORTION: On a motion by Plawker, seconded by Drimones, the meeting was opened to
the public. Carried.
Two residents questioned their new assess ments. Mr. Cattanach explained how they
were arrived at.
On a motion by Murph y, seconded by Drimones, the public portion of the meeting was closed.
Carried. .
On a motion by Plawker, seconded by Kasoff, the meeting was adjourned at 9:05 p.m.
ATTEST : APPROVED:
ALSO PRESENT:
;
Borough Attorney E. Carter Corriston, Esq.
Chief ofPo lice Lawrence Whiting
Supt. of Public Works Rodney Bialko
Adequate notice of this meeting was given to the press and posted as require d. Date and time of this
meeting was legally given as required by the "Open Public Meetings Act."
This notice is on file with the Municipal Clerk and posted on the bulletin board.
Minutes of this meeting will be made available to the public upon the completion of typing and
proofreading by the Municipal Clerk.
MINUTES OF THE : Special Meeting of March 7, 2002; Caucus Meetin g of March 20,2002; and
Regu lar Meeting of March 20, 2002 were placed on the Regu lar Agenda for approval.
02-76
APRIL 17, 2002
Resolution 02-42 , authorizing payment to M. lngannarnorte & Son, for work completed on
the sanitary sewers on Hudson Terrace, was placed on the regular agenda for approval.
Mr. Bialko reported that repairs to the sanitary sewers on Hudson Terrace and U.S.
Route 9W have been completed.
CHIEF WHITING: Chief Whiting demonstrated a night vision scope that he received from a
grant he obtained.
ATTEST: APPROVED:
02-78
ALSO PRESENT:
02-79
APRIL 17, 2002
CLAIMS:
On a motion by Plawker, seconded by Manolio, the Claims for the month of April, 2002 were
ordered paid.
02-80
APRIL 17,2002
RESOLUTIONS:
On a motion by M anolio, seconded by Pla wker, Resolution 02-42 was offered for adoption:
ROLL CALL:
AYES: Plawker, Murphy, Manolio, , Kasoff, Parisi
ABSENT: Drimones
RESOLUTION 02-42
On a motion by Manolio, seconded by Parisi, Resolution 02-43 was offered for adoption:
ROLL CALL:
AYES: Plawker, Murphy, Manolio, Kasoff, Parisi
ABSENT: Drimones
RESOLUTION 02-43
WHEREAS, it is in the best interest of the Borough to designate such investigation to the
Englewood Cliffs Fire Department;
ORDINANCE 2002-05
Councilman Parisi moved the ordinance be given its first reading. So ordered.
The municipal clerk read the said ordinance by title. Councilman Pari si moved the ordinance
be adopted on first reading and published in the Press Journal on April 25, 2002.
The public bearin g to be beld on May IS, 2002. Motion was se~onded by Councilman Plawker.
The ordinance was approved at the first reading upon the call of the roll.
ROLL CALL:
AYES: Plawker, Murphy, Manolio, Kasoff, Parisi
AB SENT: Drimones
Coun cilman Plawker moved tbe ordin ance be given its first reading. So ordered.
The municipal clerk read the said ordinance by title. Councilman Plawker moved the ordin ance
be adopted on first reading and pub lished in the Press Journal on April 25, 2002.
The public hearing to be held on May IS, 2002. Motion was seconded by Councilm an Manolio.
The ordinance was approved at the first reading upon the call of the roll.
ORDINANCE 2002-07
Councilman Manolio moved the ordinance be given its first reading . So ordered .
The Munic ipal Clerk read the said ordinance by title. Councilman Manolio moved the ordinance
Be adopted on first readin g and published in the Press Journal on April 25, 2002 .
TIle public hearing to be held on Ma y 15, 2002 . Mo tion was seconded by Councilman Plawker.
,
The ordinance was approved at the first reading upon the call of the roll.
ROLL CALL:
AYE S: Plawker, Murphy, Manolio, Kasoff, Parisi
ABSENT: Drimones
ORDINANCE 2002-08
Coun cilman Parisi moved the ordinance be given its first reading. So ordered.
The municipal clerk read the said ordinance by title. Councilman Parisi moved the ordinance
be adopted on first reading and published in the press journal on April 25, 2002.
The public hearing to be held on May 15, 2002 . Motion was seconded by Councilman Manolio.
The ordinance was approved at the first reading upon the call of the roll.
02-83
APRIL 17, 2002
ORDINANCE 2002-04
The clerk presented affidavit of publication, showing that advertisement had been made according to
law, which was ordered filed. Councilman Parisi moved a public hearing be held on the ordinance.
So ordered. Councilman Parisi moved the clerk read the ordinance by title on second reading. So
ordered. The clerk thereupon read the ordinanc e 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 Manolio moved the
hearing be closed. So ordered. .'
Councilm an Parisi moved the ordinance be adopted on second reading and final passage, which
motio n was seconded by Councilman Plawker and adopted upon a call of the roll.
ROLL CALL:
AYES : Plawker, Murphy, Manolio, Kasoff, Parisi
ABSENT : Drimones
ORDINANCE 2002-04
WHEREAS , the Mayo r and Council of the Borough of Englewood Cliffs, in view of its
concem to regulate land use within the Borough in order to guide the appropriate use of development
ofland in the Borough in a manner which will promote the public health, safety and general welfare
and to promote a desirable visual environment through creative development techniques and good
civic design and arrangement, propo ses by this Ordinanc e to so regulate the placemeut, construction
and modification of said antennae and towers and to provide an additional zone area where in similar
tower structures, equipment cabinets and buildings may be located.
a. Height. The maximum height of any tower erected with the P-I zone
and the I Institutional zone shall be one hundred and thirty (130) feet.
b(l). Setbacks. The minimum setback of the tower from any property line
within the P-I zone shall be equal to or greater than ten (10) feet from a property
line and shall be equal to or greater than twenty five (25) feet from a street right-
of-way line.
b(2). setbacks. The minimum setback of the tower from any property line
within the I Institutional zone shall be equal to thirty (30) feet plus the height of
the tower.
c(I). Maximum lot coverage within the P-I zone. The maximum lot coverage
of any wireless communication tower and equipment cabinets and/or structures
within the P-I zone shall be limited to ten (10) percent of the lot area.
c(2). Maximum lot coverage within the I Institutional zone. The maximum lot
coverage of any wireless communication tower and equipment cabinets and/or
structures within the I Institutional zone shall be limited to eight (8) percent of
the lot area.
02-85
APRIL 17,2002
N. Section 30-2 1.6(h). Minimum lot area and lot width for wireless communication
towers in the r Institutional zon e is added to the ordinance as follow s:
30-21. 6(h) Minimum lot are a and lot width for wireless communication
towers in the r Institutional zone shall be a minimum of 26 ,000 square
feet for the minimum lot area and a minimum lot width of two hundred
(200) feet.
V. Section 30-21 .9. This section of the ordinance is amended to read as follows:
Section 30-21.9 Zoning. Lands zone d r Institut ional shall be ame nded to
permi t wireless comm uni cation towers and antenna.
BE IT FURTHER ORDAINED that this Ordinance shall become effective upon adoption
and public ation in accordance with law; and
BE IT FURTHER ORDAINED tbat all ordinances or parts of ordinances other tban the
zoning ordinance of the borough which are inconsistent with the provisions of this chapter are
hereby repealed to the extent of such inconsistency; and
T his ordinance shall take effect upon fma l ado ption and publicatio n accordin g to law.
On a motion by Parisi, seco nded by Plawker, resolution 02-40 was offered for adoption.
ROLL CALL:
AYES: Plawker, Murphy, Man olio, Kasoff, Pari si
AB SENT : Drim ones
RESOLUTION 02-40
WHEREAS, The Mayor and Council is desirous of amendin g the aforesaid Ordinance;
Zoning Ordinance:
The Zoning Ordinance adopted these four recommendations establisbed in the Master
Plan adopted in 2001 and expanded them to include an additional 5 purposes under Section 30-
21.1 which reads as follows:
The purpose of this section is to establish general guidelines for the siting of wireless
communication towers and antennas. The goals of this section are to:
(I ) protect residential areas and land uses from potential adverse impacts of
towers and antennas;
(4) strongly encourage the joint use of new and existing tower sites as primary
option rather than construction of additional single-use towers;
,
(5) encourage users to towers and antennas to locate them, to the extent possible,
in areas where the adverse impact on the community is minimal;
(6) encourage users of towers and antennas to configure them in a way that
minimizes the adverse visual impact of the towers and antennas through
careful design, siting, landscape screening and innovative camouflaging
techniques;
(8) consider the public health and safety with communications towers; and
(9) avoid potential damage to adjacent properties from tower failure through
engineering and careful siting of tower structures. In furtherance of these
goals, the Borough of Englewood Cliffs Master Plan, Zoning Map, existing
land uses, and environmentally sensitive areas in approving sites for the
locations of towers and antennas.
The Englewood Cliffs Master Plan adopted in 200 I only recommended that
wireless communication towers and antenna be developed on the borough hall site (the P-
I) public zone. Since that time, a co-location tower has been constructed on the Borough
Hall site. Three telecommunication companies are or will utilize this facility.
Inconsistency Statement
Since the 2002 Master Plan did not identify the I-Institution zone as an area for
telecommunication towers and antenna and since the I zone would meet the objectives of
section 30-21.1 of the Englewood Cliffs Zoning Ordinance the governing body has filed
this inconsistency statement under the rules and regulations of the Muni cipal Land Use
Law.
PROCLAMATION
ARBOR DA Y 2002
WHE REAS, In 1872 J , Sterling Morton proposed to the Nebraska Board of Agriculture
that a special day he set aside for the planting of trees; and
WHEREAS, this boliday, called Arbor Day, was first observed with the planting of more
than a million trees in Nebraska; and
WHEREAS, 2002 is the 130th anniversary of the holidayand Arbor Day is now observed
throughout the nation and the world; and
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut
heating 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, fuel
for our fires, and beautify our commun ity; and .'
WHEREAS, trees wherever they are planted, are a source of joy and spiritual renewal.
ARBOR DAY
in the Borough of Englewood Cliffs, and I urge all citizens to celebrate Arbor Day and to support
efforts to protect our trees and woodlands; and
FURTHER, I urge all citizens to plant trees to gladden the heart and promote the well-
being of this and future generations,
PROCLAMATION
WHEREAS, April 24"' is a traditional day to remember the Armenians who, in
1915, were massacred and deported from their homeland by the Turki sh governm ent while
fighting for the rights of freedom of religion and freedom of conscience held sacred by all
freedom-loving people; and
WHEREAS, this day serves as an important reminder of man's inhumanity to man and
prompts us to renew our vigilance against tyranny and promote the principles of human dignity
and human rights worldwide; and
WHEREA S, the Armenian people have a proud heritage and continu e to make
valuable contributions to the cultural, economic social and political development of New
Jersey and the United States; and .
as
COMMITIE E REPORTS:
Counc ilman Kasoff reported that all members of the Volunteer Fire Department who
responded on 9-11 received a Certificate of Commendation from Congressman Rothman.
Councilman Parisi reported that the Planning Board approved a minor sub-division.
The Chamber of Commerce was mee ting at the Assembly Restaurant on Apri l 18.
The Witte Clinic begins on April 20 at 9:30 a.m.
Little League begins on Ap ril 29.
Councilman Parisi is obtaining inform ation about the National Junior Golf Program.
Patrolman Morrisey has now been on the Police force for 12 years.
Chief Whiting obtained a new Night Vision Kit with a grant he received.
The T urco, Saperstein, Jounakas, and Wunsc h families, who had death s in their families,
sent letters of thanks to the Englewood Cliffs Police Dept. for their assistance.
Chief Tessaro of Fort Lee commended Lt. Murra y for his assistance in an arrest in Fort Lee
Chief Whiting issued a warning to all Real Estate Agencies in Englewood Cliffs about a
man who is preying on woman real estate agents .
COUNCILMAN MANO LIO: DP W , Building & Grounds , Rec yclin g, Bd. Of Adj.
The Board of Adjustment did not meet last month. There was no quorum present.
Mr. Corriston reported that the Board of Adjustme nt Attorney will appear in Court on
May 2, 2002 in reference to the Nextel Variance.
The trial date for the JAMAC litigation will by on June 13, 2002
The first payment from AIT & T has been received as well as another $4,000. which is
to be used for the transfer of Borough Communications equip ment to the tower.
Mr. Bialko reported that the Game Time equipment for the Irving Avenue Playground has
arrived . The Certifi ed Installer has given May 15 as the completion date.
PUBLIC PO RTION: On a motion by Plawker, seconded by Parisi8, the meeting was opened to the
public. Carried.
On a motion by Plawker, seconded by Manolio , the public portion of the meeting was closed.
Carried.
On a motion by Manolio, seconded by Kasoff, the meeting was adjourned at 8:30 p.m.
ATTES T: APPROVED :
ALSO PRESENT:
,
CHIEF OF POLICE LAWRENCE WHITING
"ADEQUATE NOTICE OF THIS SPECIAL MEETING WAS GIVEN TO THE RECORD AND
PRESS JOURNAL AND POSTED AS REQUIRED .
DATE AND TIME OF THIS SPECIAL MEETING WAS LEGALLY GIVEN AS REQUIRED BY
THE "OPEN PUBLIC MEETINGS ACT."
THIS NOTICE IS ON FILE WITII THE BOROUGH CLERK AND POSTED ON THE
BULLETIN BOARD.
On a motion by Drimones, seconded by Plawker, resolution 02-46 was offered for adoption:
ROLL CALL:
AYES: Plawker, Murphy, Manolio, Drimones, Kasoff, Parisi
RESOLUTION 02-46
WHEREAS, N.J.S.A. 10:4-12 allows for a public body to go into closed session during a
public meeting, and
WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs has deemed it
necessary to go into closed session to discuss certain matters which are exempted from the public,
2002 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.)
COURTESY OF COUNCILMAN ROBERT AGRESTA
TRANSPARENCY IN GOVERNMENT INITIATIVE - HTTP://WWW.ROBERTAGRESTA.COM
MAY 05 2009 2002-000096-REV1
02-93
MAY 7, 200 2
NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Borough of
Englewood Cliffs will go into closed sess ion for the following reason as outlined in NJ.S.A. 10:4-
12:
8. Any matter involving the employment, appointment, termination of emp loyment, terms and
cond itions of employment, evaluation of the performance of, promotion or disc iplining of any
specific pro spective public officer or employee unless the individual whose rights could be
adversely affected reque st in writing that such matter or matters be discussed at a public meeting.
James Tracy
Kenneth Osborne
Michael Boccher
Joseph Criscuol o
Rich ard Hernandez
Paul Rambala
Kw ane Stubbs
Evan Swirsky
On a motion by Pla wker, seconded by Drimones, the Council voted to return to open session at 9:40
p.m.
On a motion by Manolio, seconded by Kas off, the meeting was adjourned at 9:41 p .m.
ATTEST: APPROVED:
02-94
BOROUGH OF ENGLEWOOD CLIFFS
BERGEN COUNTY, NEW JERSEY
ALSO PRESENT:
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 by the "Open Public Meetings Act."
This notice is on file with the Municipa l Clerk and posted on the bulletin board.
Minutes of this meeting will be mad e available to tbe public upon the completion of typing and
proofreading by the Municipal Cle rk.
On a motion by Manolio, seconded by Plawker, resolution 02-48 was offered for adoption.
ROLL CALL:
AYE S: Plaw ker, Man olio, Drimones, Kasoff, Pari si
ABSENT: Murphy
02-95
MAY 15,2002
RESOLUTION 02-48
WHEREAS, N.J.S.A. 10:4-12 allows for a public body to go into closed session during a
public meeting, and
WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs has deemed it
necessary to go into closed session to discuss certain matters which are exempted from the puhlic,
NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Borough of
Englewood Cliffs will go into closed session for the following reason as outlined in NJ.S.A. 10:4-
12:
Closed session began at 7:35 p.m. and open session reconvened at 8:00 p.m.
MINUTES OF T HE: Caucus Meeting of April 17, 2002 and Regular Meeting of April 17, 2002
were placed on the Regular Agenda for approval.
02-96
MAY 15, 2002
APP OINTMENTS : the Appoint George Reggo as Tax Assessor to complete term
of Peter Turco. Appointment by resolution 02-44.
NEW BUSINESS: Memorial Day Services will be on Monday, May 27, 2002 at 9 a.m.
ATTEST : APPROVED:
02-97
ALSO PRESENT:
;
Municipal Attorney E. Carter Corriston , Esq.
Municipal Engineer Andre w Hipolit
Chief of Police Lawrence Whiting
Superintendent DPW Rodney Bialko
Municipal Auditor Steven Weilkotz
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
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 AND PROOFREADING BY THE MUNICIPAL CLERK.
02-98
MAY 15, 2002
Mayor Parisi opened the hearing on the 2002 Municipal Budget , to the public.
On a motion by Plawker, seconded by Manolio, resolution 02-47 was offered for adoption:
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi
ABSENT:. Murphy
RESOLUTION 02-47
Be it resolved by the Mayor and Council of the Borough of Englewood Cliffs of the County of
Bergen that the budget hereinbefore set forth is hereby adopted and shall constitute an appropriation
for the purposes stated in the sums therein set forth as appropriations, and authorization of the
amount of: .
CLAiMS:
On a motion by Plawker, seconded by Manolio, the Claims for the month of May, 2002 were ordered
paid.
02-99
MAY 15,2002
RESOLUTIONS:
On a motion by Parisi, seconded by Kasoff, Resolution 02-45 was offered for adoption:
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi
ABSENT: Murphy
RESOLUTION 02-45
BE IT RESOLVED, that the Borough Council of the Borough of Englewood Cliffs does
hereby authorize the Mayor to sign an Agreement between the Borough of Englewood Cliffs and
Sprint Spectrum L.P. .'
On a motion by Parisi, seconded by Plawker, Resolution 02-50 was offered for adoption:
ROLLCALL:
AYES: Plawker, Murphy, Manolio, Drimones, Kasoff, Parisi
RESOLUTION 02-50
With the advice and consent of Council, Mayor Parisi appointed George Reggo to fill the unexpired
term of Tax Assessor, Peter Turco.
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi
ABSENT: Murphy
02-100
MAY 15, 200 2
RESOLUTION 02-44
BE IT RESOLVED that the Mayor and Council of the Boro ugh of Englewood Cliffs does
hereb y appoint George Reggo to the position of Munic ipal Tax Asse ssor in accordance with 2-
10.18 of the Revised General Ordinances of the Borough of Englewood Cliffs . Mr . Regg o is to
complete the un-expired term of Peter Turco. The term of office begins May 15, 2002 and will
expire on June 30, 2005 .
ORDINANCE 2002-05
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. TI,e 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 Plawker moved the ordinance be adopted on second reading and final passage, which
motion was seconded by Councilman Parisi and adopted upon a call of the roll.
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi
ABSENT: Murphy
02-101
MAY 15, 2002
ORDINANCE 2002-05
SECTION 2. Whenever chick payable to any account of the Borough of Englewood Cliffs is
returned for insufficient funds, a service charge of $25.00 p!"r transaction shall be added to the
account. The service charge shall be paid and credited before any other payment on the account
is accepted and credited.
SECTION 3. Unpaid service charges shall become delinquent and, when applicable, a lien
against property, to be enforced in the same manner as other liens.
SECTION 4. A person whose returned checks become c,hronic, as determined by the Chief
Financial Officer, may thereafter be required to pay in cash or by certified check or cashier's
check.
SECTION 5. This ordinance shall take effect immediately upon final passage and publication
in accordance with law.
ORDINANCE 2002-06
The clerk presented affidavit of publication, showing that advertisement had been made according to
law, which was ordered filed. Councilman Manolio moved a public hearing be held on the
ordinance. So ordered. Councihnan 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 parties would now be given opportunity to be heard for or against the adoption of
the ordinance.
02-102
MAY 15,2002
After ample opportunity had been given and no one responding Councilman Plawker 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 Manolio and adopted upon a call of the roll.
ORDINANCE 2002-06
AN ORDINANCE FIXIN G SALARIES, WAGES AND COMPENSATION for all salaried, appointed and
elected Officers within the Borough of Englewood Cliffs, in the County ofBergen, and State of New Jersey.
BE IT ORD AINED by the Mayor and Council of the Borough of Englewood Cliffs, County of Bergen, State
ofNe w Jersey, as follows: '
SECTION I. The following salaries, wages and/o r compensation shall be paid to the respective employees of
the Borough of Englewood Cliffs, for the year 2002, as set forth below;
02-103
MAY 15, 2002
02-104
MAY 15,2002
SECTlONll.
A. Longevity for full-time Administrative employees (30 hours per week) shall be
implemented and supplemented hy adding thereto two percent (2%) increase for
each four (4) years of service with a maximum or" fourteen percent (14%) for
twenty eight years of service as a "longevity pay increase."
c. Any non-police employees hired after 1/1195 wtll not be eligible for
longevity.
SECTION ill. Should any part or provision of this Ordinance be held unconstitutional or
invalid, such decision shall not affect the validity of this Ordinance as a whole or any part
thereof, other than the part held so unconstitutional or invalid.
02-105
MAY 15,2002
SCHEDULE A
02-106
MA Y 15,2002
SCHEDULEB
ORDINANCE 2002-07
The clerk presented affidavit of publication, showing that advertisement had been made according to
law, which was ordered filed. Councilman Parisi moved a public hearing be held on the ordinance.
So ordered. Councilman Parisi moved the clerk read the ordinance by title on second reading. So
ordered. The clerk thereupon 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 Parisi moved the
hearing be closed. So ordered.
Councilman Parisi moved the ordinance be adopted on second reading and final passage, which
motion was seconded by Councilman Plawker and adopted upon a call of the roll.
02-107
MAY 15,2002
ORDINANCE 2002-07
BE IT ORDAINED by the Mayor and Council of the Borough of Englewood Cliffs, that
the following shall be added to:
Chapter III, Section 3-12.7 Streets Desil!llated for Restricted Parkin!!. The
following public streets are hereby designated as "Residential Permit Parking Only":
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 chapter are
hereby repealed to the extent of such inconsistency; and
BE IT FURTHER ORDAINED should any part or provision of this Ordin ance beheld
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.
This ordinance shall take effect upon final adoption and publication according to law.
02-108
MAY 15,2002
ORDINANCE 2002-08
The clerk presented affidavit of publication, showing that advertisement had been made according to
law, which was ordered filed. Councilman Parisi moved a public hearing be beld on the ordinance.
So ordered. Councilman Parisi 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 be given opportunity to be heard for or against the adoption of the
ordinance.
After ample opportunity had been given and no one responding Councilwoman Drimones moved the
hearing be closed. So ordered. '
Councilman Parisi moved the ordinance be adopted on second reading and final passage, which
motion was seconded by Councilman Plawker and adopted upon a call of the roll.
ORDINANCE 2002-08
BE IT ORDAINED by the Mayor and Council of the Borough of Englewood Cliffs, that
the following shall be amended to read as follows:
3-5.1 Entering Parks or Recreation areas After Closing Tim e Prohibited: Exception s:
02-109
MAY 15,2002
b. It shall be unlawful for any person to bring any dog on the premises known as;
d. All dogs, within the do g run , must be attended by a person 12 years of age or
old er at all times and said person shall be present with the dog when it is within the dog run.
e. All persons utilizing said Witte Field recreation area for the purpose of
utilizing the designated dog run and the walkways leading thereto, shall remove all anim al feces
immediately therefrom and dispose of same in a sanitary manner. In the event they do not do
same, they shall be deemed to be in violation of this ordinance.
f. There shall be designated at said Witte Field Recr eation Area a fenced in dog
run where dogs shall be permitted to run at large .
In regard to this section, 2-5. 1(b), the enforcement of this ordinance shall be made by the
Board of Health or its duly designa ted agents or repre sentatives, the Police Department, or their
duly designated repre sentatives or employees, and the Superintendent of Public Works and its
duly design ated agents or representatives .
Any person who violates the provisions of this ordinan ce shall be subject to a fine of not
less than fifty ($50 .00) dollars for the first offense nor more than one hundred ($ 100) dollars for
the ftrst offense. For subsequent viol ations, the fine shall not be more than one thousand ($ 1,000)
doll ars for each offense, to be recovered by and in the name of the borough.
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 chapter are
hereby repealed to the extent of such inconsistency; and
BE IT FURTHER ORDAINED should any part or provi sion of this Ordinance be held
uncon stitutional or invalid, such decision shall not affect the validity of this Ordinance as a whole
or any pert held so unconstitutional or invalid.
02-110
MAY 15,2002
T his ordinance shall take effect upon final adoption and publication according to law .
COMMlTIEE REPORTS:
No report
The Police Department notifi ed PSE&G about a few lights that were out.
The Planning Board carried over an application for a restaurant at 18 Sylvan Avenue
Until the Site Plan Sub-committee can review it further .
The Chamber of Commerce has dec ided to donate proceeds of their golf outing to
the Englewood Cliffs Recreation Department.
Councilman Parisi thanked the E.C . Fire Department for their assistance when a
burning truck load of garbage was dumped in his business's par king lot.
He also thanked Councilman Plawker for his work on the budget and Mr. Bialko and
Mr. Hipolit for their work on Witte Field.
Councilman Plawke r informed the Council that the Englewood Board of Education has
passed a resolution directing their legal counsel to write a letter to the Commission of
Educa tion asking for relief from the injunction.
The brochure for the summer camp should be in the mail by the end ofMay.
The Nextellitigation against the Borough has been denied by the court.
02-111
MAY 15, 2002
The hearing on the Parkway Toyota variances will be heard at the next meeting.
Mr. Corriston, explained that there were two parts to the Nextel law suite. We won the
first part. The second part will be heard in court on June 4.
Mr. Hipolit reported that the Sewer project was almost completed.
The Hud son Terrace paving, being done by Bergen County should be completed
by June 21, 2002. '
NEW BUSINESS: Memorial Day Services wiu be held on Monday, May 27, 2002
At 9:00 a.m, at the Fire House.
Mr. Madison asked about the new homes on Summit and their effect on drainage.
Mr. Campos and Mr. Karas questioned the increases in the new assessments and their
Increase in their property taxes . Mr. Camp os also stated that the increase in the 2002
budget was higher than the Council has indicated.
Mr. Apostoles asked about the water being collected at the new building site on Summit
Street.
Ms. Simon again asked for relief for the water that is ponding near her driveway.
Mr. Hipolit will go there and come back with recommendations.
Mr. Cioffi announced that the Lions Club will be having their annual pancake breakfast
On June 9"' at the Lions Club.
Mr. Leakes suggested that there be no parking on Charlotte Place from Ro se Avenue
to Sylvan Ave nue. The Chief of Police will check it out.
He also suggested that the Borough have a web site and also that possibly once a week
there by night time hours for the convenience of the reside nts,
On a motion by Plawker, seconded by Drimones, the public portion of the meeting was closed.
Carried.
02-112
MAY 15,2002
On a motion by Plawker, seconded by Parisi , the meeting was adjo urned at 9:45, p.m.
ATTEST: APPROVED:
02-113
BOROUGH OF ENGLEWOOD CLIFFS
BERGEN COUNTY, NEW JERS EY
PRESENT AT ROLLCALL:
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 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 and
proofreading by the Municipal Clerk.
MINUTES OF THE: Special Meeting of May 7, 2002; Caucus Meeting of May 15, 2002 and
Regular Meeting of May 15, 2002 were placed on the Regular Agenda for approval.
02-114
JUNE 19, 2002
On a motion by Plawker, seconded by Manolio, resolution 02-66 was offered for adoption:
ROLL CALL:
AYES: Plawker, Murphy, Manolio, Drimones, Kasoff, Parisi
02-115
JUNE 19, 2002
RESOLUTION 02-66
WHEREAS, N.J.S.A. 10:4-12 allows for a public body to go into closed session during a
public meeting, and
WHEREAS, the Mayor and Council nf the Borough of Englewood Cliffs has dee med it
necessary to go into closed sessi on to discuss certain matters which are exempted from the public,
NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Borough of
Englewood Cliffs will go into closed session for the following reason as outlined in N J.S.A. 10:4-
12:
The appointment ofTravis Will iams was placed on the regular agenda for approval.
ADJOURN:
ATTEST: APPROVED:
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02-116
BOROUGH OF ENGLEWOOD CLIFFS
BERGEN COUNTY, NEW JERSEY
ALSO PRESENT:
ADEQUATE NOTICE OF TIllS MEETING WAS GIVEN TO THE PRESS AND POSTED AS
REQUIRED. DATE AND TIME OF rms MEETING WAS LEGALLY GIVEN AS REQUIRED
BY THE "OPEN PUBLIC MEETINGS ACT."
rms NOTICE IS ON FILE WITH THE MUNICIPAL CLERK AND POSTED ON THE
BULLETIN BOARD.
MINUTES OF TIllS MEETING WILL BE MADE AVAILABLE TO THE PUBLIC UPON THE
COMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.
02-117
JUNE 19,2002
On a motion by Drimones, seconded by Mano lio, resolution 02-60 was offered for adoption:
ROLLCALL:
AYES: Plawker, Murphy, Manolio, Drimones, Kasoff, Parisi
RESOLUTION 02-60
WHEREAS, the Mayor and Council has expressed its desire to appoint new police officers;
and
WHEREAS, the Mayor and Council has interviewed various applicants for these positions;
and
WHEREAS, the Mayor and Council and the Chief 'of Police recommend the applicant,
J AMES TRACY;
NOW THEREFORE BE IT
On a motion by Plawker, seconded Kasoff, resolution 02-61 was offered for adoption:
ROLLCALL:
AYES: Plawker, Murphy, Mano lio, Drimones, Kasoff, Parisi
RESOLUTION 02-61
WHEREAS, the Mayor and Council has expressed its desire to appoint new police officers;
and
WHEREAS, the Mayor and Council has interviewed various applicants for these positions;
and
WHEREAS, the Mayor and Council and the Chief of Police recommend the applicant,
MICHAEL BOCCHER;
NOW THEREFORE BE IT
02-11 8
JUNE 19, 2002
CLAIMS:
On a motion by Plawker, seconded by Manolio, the Claims for the month of June, 2002 were ordered
paid.
,
Ayes : Plawker, Murphy, Manolio, Drimones, Kasoff, Parisi
02-119
JUNE 19, 2002
RESOLUTIONS:
On a motion by Manolio, seconded by Drimones, Resolution 02-51 was offered for adoption:
ROLLCALL:
AYES: Plawker, Murphy, Manolio, Drimones, Kasoff, Parisi
RESOLUTION 02-51
WHEREAS, certain Federal funds are potentially available to the County of Bergen
under Title I of the Housing and Community Development Act of 1974, as amended and HOME
Investment Partnership Act of 1990, as amended; and
WHEREAS, each municipality must notify the Bergen county Division of Community
Development of its intent to continue as a participant in the Urban County entitlement program
noted above; and
WHEREAS, it is in the best interest of the Borough of Englewood Cliffs and its
residents to participate in said programs.
On a motion by Drimones, seconded by Plawker, Resolution 02-52 was offered for adoption:
ROLLCALL:
AYES: Plawker, Murphy, Manolio, Drimones, Kasoff, Parisi
02-120
JUNE 19,2002
RESOLUTION 02·52
WHEREAS, N.J.S .A. 40A:5-4 requires the governing body of every local unit to have made an annual audit
of its books, accountsand financial transactions, and
WHEREAS, The Annual Rep ort of Audit for the year 2001 has been filed by a Registered Municipal
Accountant with the Municipal Clerk as per the requirements of N.J .S.A. 40A:5-6. and a copy 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 reports pertaining
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 governing body of each
municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members
of the governing body have reviewed, as a minimum, the sections of the annual audit entitled:
General Comments
Recommendations
and
WHEREAS, the members of the governing body have personally rev-Iewed as a minimum the Annual Report
of Audit, and specifically the sections of the annual Audit entitled:
General Comments
Rec ommendations
WHEREAS, Such resolution of certification shall be adopted by the Governing Body no later than forty-five
days after the receipt of the annual audit, as per the regulations of the Local Finance Board, and
WHEREAS, All members of the governing body have received and have familiarized themselves with, at
least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid 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 of new Jersey
may subject the members of the local gove rning body to the penalty provisions ofR S. 52:27BB-52 - to wit:
02-121
JUNE 19, 2002
NOW, THEREFORE BE IT RESOLVED, That the governing body of the Borough of Englewood Cliffs,
hereby states that it has complied with the promulgation of the Local Finance Board of the State of New Jersey
dated July 30, 1968 and does hereby submit a certified copy of this resolution and the required affidavit to said
Board to show evidence of said compliance.
O n a motion by Drimones, secon ded by Manolio, Resolution 02-53 was offere d for adoption:
ROLL CALL:
AYES: Plawker, Murphy, Manolio , Drimon es, Kasoff
ABSTAIN: Parisi
RESOLUTION 02-53
WHEREAS, application for Plenary Retail Consumption Licenses have been made by the
following and;
WHEREAS, no protests have been filed with the Mun icipal Clerk;
I
NOW, THEREFORE BE IT RES OLVED, that theMunicipal Clerk be and he is hereby
authorized and directed to issue a Plenary Retail consumption License to the following applicants,
subject to payment of the proper fees as set forth in the Borough Ordinance.
02-122
JUNE 19, 2002
On a motion by Drimones, seconde d by Manolio, Resolution 02-54 was offered for adoption:
ROLL CALL:
AYES : Plawke r, Murphy, Manolio, Drimones, Kasoff, Parisi
RESOLUTION 02-54
WHEREAS , the Borough of Englewood Cliffs has entered into a Three Year Cooperative
Agreement with the County of Bergen as provided under the Interlo ~al Services Act, N.J.S.A. 40A:8A-I et
seq. And Title I of the Housing and Community Development Act of 1974; and
WHEREAS, said Agreement requires that one Municipal Representative be appointed by the
Governing Body of the Community to be part of the Community Development Regional Committee for the
term of one year coinciding with the fiscal year of July 1, 2002 through June 30, 2003.
NOW, THEREFORE, BE IT RESOLVED, that the governing body hereby appoints Marilyn
Gittleman, 24 Booth Avenue Englewood Cliffs, N.J. 07632 as its representative to participate on the
Community Development Regional Committee; and
On a motion by Drimones, seconded by Parisi, resolution 02-55 was offered for adoption.
ROLLCALL:
AYE S: Plawker, Murpby, Manolio, Drimones, Kasoff, Parisi
RESOLUTION 02-55
WHEREAS, Bansi Lakhani and Priya Lakhani , have installed a decora tive pond and placed
certain landscaping which encroaches upon a Sanitary Sewer Easemen t, on premises located at 46
Geraldine Road, Englewood Cliffs, New Jersey, also known as Block 11 09, Lot 10; and
02-123
JUNE 19, 2002
On a motion by Drimones, seconded by K asoff, resolution 02-56 was offered for adoption.
ROLLCALL:
AYES: Plawker, Murphy, Manolio, Drirnones, Kasoff, Parisi
RESOLUTION 02-56
WHEREAS, Shul S. Hyun, Dr., PhD, has dooated $20,000.00 to the Borough of
Englewood Cliffs; and
WHEREAS, a check in the amount of $20,000.00 has been received by the Borough and
has been deposited in the Borough's account;
NO W, THEREFORE,
BE IT RESOLVED that the Englewood Cliffs Mayor and Council does hereby accept
the generous donation of Shul S. Hyun, Dr., PhD, in the amount of $20,000.00.
On a motion by Drimones, seconded by Manolio, resolution 02-58 was offered for adoption:
ROLLCALL:
AYES: Plawker, Murphy, Manolio, Drimones , Kasoff, Parisi
02-124
JUNE 19, 2002
BE IT RESOLVED, that the Borough Council of the Borough of Eng lewood Cliffs does
hereby authorize Boswe ll Engineering, to prepare the NJD OT 2002 Ro ad Grant Application for the
improvement of Floyd Street; and
BE IT F URTHER RESOLVED that the Mayor and Municipal Clerk are hereby
authorized to execute the applicati on up on compl etion.
RO LLCALL:
AYES: Pl awker, Murphy, M anoli o, Dri mones, Kasoff, Pari si
RESOLUTION 2002-59 ..
WHEREA S, the Guild for the Sisters of Saint Joseph of Peace have applied for an On-Premise
raffle license; and
WHEREAS, the Guild for the Sisters of Saint Joseph of Peace have complied with all
requirements as outlined in N.L A.C. 13; and
WHEREAS, the Findings and Determin ation has been certified by the Chief of Police;
NOW, THEREFORE, BE IT
RESOL VED, that the Mayor and Council of the Borough of Englewood Cliffs does hereby
approve the issuance of a 50/50 raffle license to the Guild for the Sisters of Saint Joseph of Peace.
BE IT FURTHER RE SOL VED that raffle will be conducted on October 24,2002 from 12:30-
2:00 p.m. at 51. Michaels Villa, Hudson Terrace, in the Borough of Englewood Cliffs.
On a motio n b y Par isi, secon ded b y Drimones, R esolution 02-62 was offered for adoption :
Ro ll Call:
Ayes: Plawker, Murphy, M anolio, Drim on es, Kasoff, Pari si
02-125
JUNE 19,2002
RESOLUTION 02-62
WHEREAS NJ.S.A. 40A:4-87 provides that the Director of the Division of Local
Government Services may approve the insertion of any special item of revenue in the budget of a
muni cipality when such item sha ll have been made available by law and the amount thereof was not
determined at the time of the adoption of the budget; and
WHEREAS the Director may also approve the insertion of any item of appropriation for an
equa l amount;
On a motion by Plawker, seconded by Manolio, re solution 02-63 was offered for adoption.
ROLLCALL:
AYES: Plawker, Murphy, Manolio, Drimones, Kasoff, Parisi
RESOLUTION 02-63
WHEREAS, Palestrooi Man agement, LLC is the owner of certain real property located
in the Borough of Englewood Cliffs and kn own as 385 Sylvan Avenue, also known as Block 412,
Lot 6; and
WHEREAS, taxpayer ha s filed 2001 real property tax appeals, wh ich matters are
presen tly pending in the Tax Court of New Jersey; and
WHEREAS, the Bo rough has reviewed and analyzed all rele vant documents and
appraisals of the premi ses; and
WHEREAS, it is the opiruon of the Tax App eal Attorney and the Appraiser tha t
settleme nt of these matters is in the best interests of the Borough of Englewood Cliffs;
NOW, THEREFORE, be it
RESOLVED by the Mayor and Council of the Borough of Englewood Cliffs that the Tax
Appeal Attorney be and he is hereb y authorized and directed to exe cute any and all documents
necess ary in order to settle this real property tax cha llenge by reduc ing the 200 I ass essme nt from
$2.5 milli on to a total of $1.9 million, with a refund, only applicable for tax year 200 2, of $8,340,
due taxpayer; and be it further
02-126
JUNE 19, 2002
RESOLVED that the aforesaid settlement is further predicated upon a waiver of any and
all pre-judgment interest on any refund due to the taxpayer.
On a motion by M anolio , seconded by Pari si, resolution 02-64 was offered for ad option.
ROLLCALL:
AYES: Plawker, Murphy, Manolio, Drimones, Kasoff, Parisi
RESOLUTION 02-64
WHEREAS, Joban Realty is the owner of certain real property located in the Borough of
Englewood Cliffs and known as 600 Sylvan Avenue, also known as Block 806, Lot 8; and
WHEREAS, taxpayer has filed 200 I real property tax appeals , which matte rs are
presently pending in the Tax Court of New Jersey; and .
WHEREAS, the Borough has reviewed and analyze d. all relevant documents and
appraisals of the premis es; and
WHEREAS, it is the opinion of the Tax Appeal Attorney and the Appraiser that
settlement of these matters is in the best interests of the Borough of Englewood Cliffs;
,
NOW, THEREFORE, be it
RESOLVED by the Mayo r and Counc il of the Borough of Englewood Cliffs that the Tax
Appeal Attorney be and he is hereby authorized and directed to execute any and all documents
necessary in order to settle this real property tax challenge by reducing the 2001 assessment from
$6,050,000 to a total of$5 ,650,000, with a refund of $5,560 , due taxpayer; and be it further
RESOL VED that the aforesaid settlement is further predicated upon a waiver of any and
all pre-judgme nt interest on any refund due to the taxpayer.
On a motion by Parisi, seconded by Drimones, resolution 02-65 was offered for adoption.
ROLLCALL:
AYES: Plawker, Murphy, Manolio, Drimones, Kaso ff, Paris i
RESOLUTION 02-65
WHEREAS, Commerc ial Plaza, Inc. is the owner of certain real property located in the
Borough of Englewood Cliffs and known as 375 Sylvan Aven ue, also known as Block 4 12, Lot
5; and
WHEREAS, taxpayer has filed 2001 real property tax appeals , whic h matters are
presently pending in the Tax Court of New Jersey ; and
02-127
JUNE 19, 2002
WHEREAS, the Borough has reviewed and analyzed all relevant documents and
appraisals of the premises; and
WHEREAS, it is the opinion of the Tax Appeal Attorney and the Appraiser that
settlement of these matters is in the best interests nf the Borough of Englewood Cliffs;
NOW, THEREFORE, be it
RESOLVED by the Mayor and Council of the Borough of Englewood Cliffs that the Tax
Appea l Attorney be and he is hereby authorize d and directed to execute any and all documents
necessary in order to settle this real property tax challenge by reducing the 200 I assessment from
$2,550,000 to a total of$2,100,000, with a refun d of $6,255, due taxpayer; and be it further
RESOLVED that the aforesaid settlement is further predicated upon a waiver of any and
all pre-judgment interest on any refund due to the taxpayer. "
ORDINANCE 2002-09
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 27, 2002.
The public hearing to be held on July 17,2002. Motion was seconded by Mr. Manolio.
The ordinance was approved at the first reading upon the call of the roll.
ROLLCALL:
AYES: Plawker, Murphy, Manolio, Drimones, Kasoff, Parisi
02-128
JUNE 19, 2002
Councilwo man Drimones moved the ordinance be given its first reading. So ordered.
Th e munic ipal 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 27, 2002.
The puhlic hearing to be held on July, 2002. Motion was seconded hy Mr. Manolio .
The ordinance was approved at the first reading upon the call of.the roll.
On a motion by Manolio, seconded by Plawker, resolution 02-67 was offered for adoption:
ROLLCALL:
AYES: Pla wker, Murphy, Manolio, Drimones, Kasoff, Parisi
RESOLUTION 2002-67
WHEREAS, the Local Cap ital Budget for the year 2002 was adopt ed on the 15"' day of
Ma y, 2002; and
02-129
JUNE 19, 2002
FROM
CAPITAL BUDGET (CURRENT YEAR ACTION)
2002
Total All Projects: Estimated Cap ital Impro vement Debt To be Funded
Total Cost Fund Authorized in Future Years
Be it Further Resolved that Three certified copies of this resolution b filed forthwi th in the
Office of the Director of Local Governmeot Services.
It is hereby certified that this is a true copy of a resolution ame nding the capital budget
section adopted by the governing body on the 19 day of June, 2002 .
COMMITTEE REPORTS :
Planning Board: The application of 18 Sylvan Ave nue was held until a Special Meeting
of June 27, 2002
C of C: Th e annual Golf outing being held in August will donate proceed to the
Englewood Cliffs recreation department.
Lighting: There was one light out and that has been corrected .
Garbage: There was one problem with pick ups . This has been corrected.
Councilman Plawker represented the Ma yor and Counc il at the 4"' grade concert.
02-130
JUNE 19,2002
Councilman Murphy remarked how pleased he was with the quality of the new men who
were just appointed as patrolman.
Bd. of Adjustment: The Nextel application bas been postponed until July.
Mr. Corriston reported that Pennsylvania Insurance Coo. (insurers of JAMAC) have between
$240,000 and $290,000 left on their bond. The amount depends upon how the judge decides
The Borough should get 80% of the figure decided upon.
Nextel has brought 2 cases before the courts. One pertains to the variance application and
the other which attacks our zoning ordinance.
Bergen County has milled a few sections of Hudson Terrace and should have the road
paved within the week.
02-131
JUNE 19, 2002
CHIEF OF POLICE:
PUBLIC PORTION: On a motion by Kasoff, seconded byDrimo nes, the meeting was opened to
the public. Carried.
Dr. Sank asked how much the tax refunds were for resolutions 2002-63 , 64, & 65.
She also asked which streets were being redone from funds from Ord. 2002 -10.
Mr. Telzer stated that Councilman Kasoffhas done a good job with the Senior
Taxi Service.
On a motion by Drimones, seconded by Manoli o, the public portion of the meeting was closed.
Carried.
On a motion by Manolio, seconded by Drimones, the meeting was adjourned at 8:45 p.m.
02-132
BOROUGH OF ENGLEWOOD CLIFFS
BERGEN COUNTY, NEW JERSEY
ALSO PRESENT:
Ad equate notice of this meeting wa s given to the press and posted as required. Date and time of this
meeting was legally given as required by the "Open P ublic Meetings Act."
Thi s notice is on file with the Municipal Clerk and pos ted on the bulletin board.
Minutes of this meeting will be made available to the public upo n the completion of typing and
proofreading by the Municipal Clerk.
MINUTES OF THE: Ca ucus Meeting of Jun e 19, 2002 and Regular Meeting of June 19, 200 2
we re placed on the Regular Agenda for approval.
02-133
JULY 17, 2002
The muni cipal Clerk will be authorized to prepare a resolution to be sent to all
Bergen County munic ipalities. The reso lution is to stress the issue should be
on the ballot for the voters to give their input.
Resolution 02-72 , authori zing a dedicated account for the replacement of shade
trees was placed on the regular agenda for approval.
Resolution 02-71, granting permi ssion to remove the sidewalk was placed on the
regular agenda.
02-134
JULy 17, 2002
Councilman Parisi requ ested a letter be sent the State of New Jersey Health Benefi ts
Stating that the charge of $1,500 for the Loss Run inform ation for the Borough of
Englewood Cliffs was unrea sonable . Mr. Corriston suggested our State Legislators
be called and possibly the League of Municipalities.
Councilman Plawker attended the Englewood Council meeting where the new mixed use
redevelopment plan was adopted.
NEW BUSINESS: Ms. Breen & Ms. Goldscheider, Van Nostrand Avenue
I. All the tree by their homes are now gone, stumps remain. Also there are piles of
dirt.
Mr. Hipolit responded that the contrac tors removed the trees in order to
construct the new homes. New trees and landscaping will be installed upo n
completion of the new homes.
02-135
JULY 17, 2002
2. There are 20 or more loose cats that came from the home on the comer of
Van Nostrand Avenue .
The County Anima l Control Commission has been notified and many of the
cats have been removed but someone is feed them so they keep coming.
3. Safe ingress and egress from Van Nos trand Avenue is not possible because of
large bushes that block the view.
The executor of the estate of Ms. Sartorio, stated that he will keep the bushes
and shrubs cut.
4. Water service was cut off because the contractor was negligent.
United Water would not allow the contractor to' resolve the problem but would
not come to fix it themselves until the next day causing the resident to be without
water for a day.
Mayor Parisi asked the council for their choice of a candidate to replace Councilman Murphy, from
the list provided by the Democratic Muni cipal Committee. The names on the list were Patrick Perin,
Frank Sorrentino and Lynn Norton. '
The Council agreed that all those named were good candidates but they all agreed that Ms. Norton
should get the appointment.
TIle Mayor also announced that he was appointing with the advice and consent of Council, Dan
Plawker as Council-President and Joseph Parisi Jr. as Chairman of the Police Committee.
ADJOURN:
On a motion by Manoli o, seconded by Kasoff, the Caucus meeting was adjourned at 8:00 p.m.
Carried.
ArrEST: APPROVED:
02-136
BOROUGH OF ENGLEWOOD CLIFFS
BERGEN COUNTY, NEW JERSEY
ALSO PRESENT:
ADEQUATE NOTICE OF TJ-IIS MEETING WAS GWEN TO THE PRESS AND POSTED AS
REQUIRED. DATE AND TIME OF THIS MEETING WAS LEGALLY GWEN AS REQUIRED
BY THE "OPEN PUBLIC MEETINGS ACT."
THIS NOTICE IS ON FILE WITH THE MUNICll'AL CLERK AND POSTED ON THE
BULLETIN BOARD.
MINUTES OF Tl-IIS MEETING WILL BE MADE AVAlLABLE TO THE PUBLIC UPON THE
COMPLETION OF TYPING AND PROOFREADING BY THE MUNI Cll'AL CLERK.
Mayor Parisi asked the Municipal Clerk to read Councilman Murphy's letter of resignation.
On a motion by Manolio, seconded by Plawker, the resignation was accepted with regret. Carried.
Councilman Murphy express his mixed feeling about having to leave the Borough after all the years
he has lived and served here. He was a member of the police department for 40 years and the Chief
for 17 years. He served on the council for 10 years.
The Municipal Clerk read the names of the three candidates recomme nded to the Council by the
Democratic Municipal Committee. They are: Patrick Perin, Frank Sorrentino and Lynn Norton.
02-137
JULY 17, 2002
On a motion by Plawker, seconded by Parisi, the name of Lynn Norton was offered to the counci l as
the replacement for Councilman Murphy .
ROLL CALL:
AYE S: Plawker, Mano lio, Drimones, Kasoff, Parisi
The Oath of Allegiance was recited by Ms. Norton as stated by the Munic ipal Clerk and Ms. Norton
was seated on the dais.
With the advice and consent of council, Mayor Parisi appointed Councilman Plawker as Council
President.
ROLLCALL:
AYES: Drimones, Kaso ff, Parisi, Norton
ABSTAlN: Plawker, Manolio
With the advice and consent of council, Mayor Parisi appointed Joseph Parisi, Jr. as Chairman of the
Po lice Committee:
ROLL CALL:
AYES ; Plawker, Manolio, Drimones, Kasoff, Norton
ABSTAlN: Parisi
With the advice and consent of council, Mayor Parisi appointed Lynn Norton as Chairwoman of the
Sanitation and Lighting committees.
ROLLCALL:
AYE S: Plawker, Manolio, Drimones, Kasoff, Parisi
ABSTAlN: Norton
02-138
JULy 17, 2002
On a motion by Manolio, seconded by Parisi , the Municipal Clerk was authorized to prepare
a resolution in opposition to the Newark arena and in favor of a question on the ballot so all
the residents can have a voice in the matter.
CLAIMS :
On a motion by Plawker, seconded by Mano lio, the Claims for the month of July, 2002 were ordered
paid.
02-139
JULy 17, 2002
RESOLUTIONS:
On a motion by Drimones, seconded by Manolio, Resolution 02-57 was offered for adoption:
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi
ABSTAIN: Norton
RESOLUTION 02-57
WHEREAS, JBL Electric Inc.,409 Minnisink Road, Totowa, New Jersey, bas donated
$2,500.00 to the Englewood Cliffs Recreation Department; and
WHEREAS, the money has been specifically donated to the Englewood Cliffs
Recreation Depart ment toward the purchase of Athletic Equipment; and
WHEREAS, a check in the amount of $2,500.00 has'been received by the Borough and
has been deposited in the Borough 's account;
NOW, THEREFORE,
BE IT RESOLVED that the Englewood Cliffs Mayor and Council does hereby accept
the generous donation of JBL Electric Inc., toward the purchase of Athletic Equipment.
On a motion by Parisi, seconded by Kasoff, Resolution 02-68 was offered for adoption:
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi
ABSTAIN: Norton
02-140
JULy 17,2002
On a motion by Parisi, seconded by Drimones, Resolution 02-69 was offered for adoption:
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi
ABSTAIN: Norton
RESOLUTION 02-69
On a motion by Plawker, seconded by Parisi, R esolution 02-70 was offered for adoption:
ROLLCALL:
AYES: Plawker, Murphy, Manolio, Drimones, Kasoff, Parisi
ABSTAIN: Norton ..
RESOLUTION 02-70 '
NOW, THEREFORE, BE IT
RE SOLVED, by the Mayor and Council of the Borough of Englewood Cliffs that the
Borough does hereby retain the services of Bernard Nelson of Cerberus Consulting Corporation,
2 Horizon Road, G-18, Fort Lee, New Jersey 07024, as an expert witness in the litigation between
Nextel of New York and the Borough of Englewood Cliffs; and
Rates: $225/hr. + expenses for any and all work performed on the Borough's
behalf;
Court or attendance at other hearings: 8 hour minimum/day + expe nses.
02-14 1
JULy 17, 2002
On a motion by Drimones, seconded by Pari si, Re solution 02-71 wa s offer ed for adoption:
ROLL CALL :
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi
ABSTAlN: Norton
Mr. John J. Shepard, residing at 267 WesterveltPlace, is hereby given permission to remove the
sidewalk that is located in front of his home in order to alleviate a hazardous condition.
It is to be understood that Mr. Shepard is solely responsible for the removal of the sidewalk and
the cost thereof. The Boroughof Englewood Cliffs is not responsihle for any of the costs of this project.
On a motion by Drimones, secon ded by Pl aw ker, r esolution 02-72 was offered for adoption.
ROLLCALL:
AYES: Plawker, Manolio , Drimones, Kaso ff, Parisi
ABSTAlN : Norton
RESOLUTION 02-72
WHEREAS, N J .S.A. 40a :4-39 pro vides for the insertion of a "D edication By Rider" in tbe
Budget of any local unit which dedicates revenues anticipated during the fisc al year, subject to
written prior consent of the D irector of the Division of Loca l Goverrunent Servi ces, when the
revenu e is not subj ect to rea sonably accurate est imate in advance; and
WHEREAS, sucb dedicated revenues shall be appropriated for the purp ose to which said revenue
is dedicated by statute or other legal requirements;
02-142
JULY 17,2002
ORDINANCE 2002-09
The clerk presented affidavit of publication, showing that advertisement had been made according to
law, which was ordered filed. Ms. Dtimones moved a public hearing be held on the ordinance. So
ordered. Ms. Dtimones 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 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 be
closed. So ordered.
Ms. Dtimones moved the ordinance be adopted on second reading and final passage, which motion
was seconded by Mr. Plawker and adopted upon a call of the roll.
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi
ABSTAIN: Norton
ORDINANCE 2002-09
02-143
JULy 17,2002
B. Vehicle.
Any mot orized equipment registered or unregistered, including but not limi ted to:
A passenger car, motorcycles, truck, tractor-trailer, construction
equipment, farm machinery, water craft, aircraft.
C. Vessel.
Any container, drum, box, cylinder, bottl e or tank use d to ho ld or contain
or carry or store any Hazardous Ma terial.
02-144
JULy 17,2002
A. The owner or operator of any vehicle responsible for any fire, leak or
spill of hazardous materials.
B. The owner or person responsible for any vessel containing hazardous
material involved in any fire, leak or spill on public or private property,
whether stationary or in transit, whether accidental or through
negligence.
C. The owner or person responsible for any property from which any leak or
spill of hazardous material emanates.
D. Any person responsible for any fire leaks or spill of hazardous material
on public or private property.
Any responsible party, as set forth in section' 3 hereof, shall reimburse the
Borough of Englewood Cliffs and/or the Mid Bergen Hazardous Materials Team for the full price
of any reimbursable items used to extinguish such a fire, or' contain such a leak, or control and
clean-up such a spill within forty-five (45) days after receipt of a bill for such items from the
Borough of Englewood Cliffs. Billing is to include a twenty (20) percent administrative fee.
Section 5. Penalties.
Any responsi ble party, as set forth in section ~ hereof, who fails to reimburse the
Borough of Englewoo d Cliffs for reimbursable items withiri the time limit set forth in section 4
hereof, shall be subject to a fine of not less than $100.00 nor more than $500.00 or imprisonment
for a period of not more than ninety (90) days, or both. Upon the failure to reimburse the
Borough for such cost of such items within said forty-five (45) day period, and in addition to any
penalty provided for in Section 5 hereof, the Borough of Englewood Cliffs may take such action,
as may be provided by law, to recover such costs from the responsible party.
All ordinances or parts thereof inconsistent herewith this Ordinance are hereby
superseded.
Section 7. Severability.
BE IT FURTHER ORDAINED that this ordinance shall take effect immediately upon
final passage and 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 incoosistent with the provisions of this chapter are
hereby repealed to the extend to such inconsistency; and
02-145
JULy 17, 2002
This ordinance shall take effect upon [mal adoption and publication according to law.
ORDINANCE 2002-10
The clerk presented affidavit of publication, showing that advertisement had been made according to
law, which was ordered filed. Mr. Manolio moved a public hearing be held on the ordinance. So
ordered. 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 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 Mr. Parisi moved the hearing be
closed. So ordered.
Ms. Drimones moved the ordinance be adopted on second reading and final passage, which motion
was seconded by Manolio and adopted upon a call of the roll.
ORDINANCE 2002-10
02-146
JULy 17, 2002
(c) The estimated cost of said purpose is $165,000, the excess thereof
over the said estimated maximum amount of bonds or notes to be issued therefor being the
amount of $150,000, is the down payment for said purpose in the amount of $7,500.
02-147
JULY 17, 2002
© The estimated cost of said purpose is $490,200 the excess thereof over
the said estimated maximum amount of bonds or notes to be issued therefo re being the amount of
$450,000, is the down payment for said purpose in the amount of $22,500 .
SE CTION 4. In the event the United States of Ameri ca, the State of New Jers ey, and/or
the County of Bergen make a contribution or grant in aid to the Borough for the improvement and
purp ose authorized hereby and the same shall be received by the Borough prior to the issuance of
the bonds or notes authorized in Sect ion 2 hereof, then the amo unt of such bonds or notes to be
issued shall be reduc ed by the amount so received from the United States of America, the State of
New Jersey, and/or the County of Berg en. In the event, however, that any amount so contributed
or granted by the United States of Am erica , the State of New Jersey, and/or the County of Bergen
shall be received by the Borough after the issuance of the bonds or notes authorized in Secti on 2
hereof, then such funds shall be applied to the payment of the bond s or notes so issued and shall
be used for no other purpose. This Section 4 shall not apply, however, with respect to any
contribution or gran t in aid received by the Borough as a result of using funds from this bond
ordin ance as "matching local funds" to receive such contribution or grant in aid.
SECTION 5. All bond anti cipation notes issued hereunder shall mature at such times as
may be determined by the Chief Financial Officer of the Borough, provided that no note shall
mature later than one (I) year from its date or otherwise authorized by the Local Bond Law. The
notes shall bear interest at such rate or rates and be in such form as may be determined by the
Chie f Financial Officer.
The Chief Financial Offic er shall determin e all matters in connection with the notes issued
pursuant to this bond ordinance, and the signature of the Chief Financial Offi cer upon the notes
shall be conclusive evidence as to all such determinations. All note s issued hereunder may be
renewed from time to time in accordance with the provisions of the Local Bond Law. The Chief
Financial Officer is hereby authori zed and directed to sell part or all of the notes from time to
time at public or private sale and to deliver them to the purchaser thereof upon rece ipt of payment
of the purcha se pric e and accrued interest thereon from their dates to the date of deli very thereof.
The Chief Financial Officer is hereby authorized and directed to report in writing to the Boro ugh
Council at its meeting next succee ding the date when any sale or delivery of the notes pursuant to
this bond ordinance is made. Such report must include the principal amount, the description, the
interest rate, and the maturity schedule of the notes so sold, the price obtained and the name of the
purchaser.
02-148
JULy 17, 2002
SE CTION 6. The cap ital bu dget of the Borough is hereby amended to conform with the
provisions of this bond ordinance and to the ext ent of any inconsistency he rewith, a reso lution in
the form promul gated by the Local Finance Board showing full detail of the amende d capital
budget and capital programs as approved by the Director of the Division of Local Government
Services, N ew Jersey Department of Community Affa irs will be on file in the office of the
Borough Clerk and will be ava ilable for pu blic inspection.
SECTION 7. The following additional matters are hereby determined, declared, rec ited
and stated :
(a) Th e improvement or purpose described in Section 3 of this bon d
ordinance is not a current expe nse and is an improvement which the Borough may lawfully
undertake as a general improvement, and no part of the cost thereof has bee n or sha ll be spe cially
assessed on property spe cially be nefited thereby.
(c) The Supplemental Debt Statement required by the Local Bond Law
has been duly made an d filed in the Office of the Clerk of the Borough and a complete executed
duplicate thereof has bee n filed in the Office of the Director of the Division of Local Government
Services, New Jersey Departm ent of Community Affairs, and such statement shows tha t the gross
debt of the Borough as defined in the Local Bond Law is increase d by $665,000, the amount of
the authorization of the bonds or notes provided for in this bond ordinance , and the said bond s or
notes auth orized by this bond ordinance will be within all debt limitations pres cribed by the Lo cal
Bond Law .
(d) An amount not exceeding $66,500 for items of expense listed in and
permitted under Section 20 of the Local Bond Law is included in the estimated cost indica ted
here in for the improvement or purpose described in Section 3 hereof.
SECTION 8. The full faith and credit of the Borough are hereby pledged to the punctu al
payment of the principal of and the interest on the bonds or notes authorized by this bond
ordinance. The bond s or notes shall be direct, unlimited ob ligations of the Borough, and the
Borough shall be obligated to levy ad valorem taxes upon all the taxable property within the
Borough for the payment of the bonds or notes and the intere st thereon without limitation as to
rate or amount.
SECTION 9. The Borough rea sonably expe cts to reimburse any expenditures toward the
costs of the improvement or purpose described in Section 3 of this bond ordinance and paid prior
to the issuance of any bond s or notes authorized by this bond ordinance with the proceeds of such
bon ds or notes. No funds from sources other than the bonds or notes autho rized herein have been
or are reasonably expected to be reserved, allocated on a long-term basis, or otherwise set aside
by the Boro ugh, or any member of the sam e "Controlled Grou p" as the Borough, within the
meaning of Treasury Regulation Section '1.150-1(t) , pursuant to their bud get or fina ncia l policies
with respect to any expenditures to be reimbursed . This Section 9 is intended to be and he reby is
a declaration of the Borough's official intent to reimburse any expenditures toward the co sts of
02-149
JULy 17, 2002
the improvement or purpose described in Section 3 hereof to be incurred and paid prior to
the issuance of bonds or notes authorized herein in accordance with Treasury Regulation Sectio n
I. 150-2, and no further action (or inaction) will be an abusive arbitrage device in accordance
with Treasury Regulation Section I. 148-10 to avoid the arbitrage yield restricti ons or arbitrage
rebate requirements under Sections 142 through 147 of the Internal Revenue Code of 1986, as
amended (the "Code"). The proceeds of any bonds or notes authorized herein used to reimburse
the Borough for any expenditures toward the costs of the improvement or purpo se described in
Section 3 hereof will not be used direct ly or indirectly (i) to "refund" an issue of governmental
obligations within the meaning of Section 148 of the Code, (ii) to create, within one year,
following the reimbursement of any expenditures of bond proceeds, "replacement proceeds"
within the meaning of Treasury Regul ation Section I. 148-1 of the bonds, or any othe r bond
issue, or (iii) to reimburse the Borough for any expenditure or payment that was originally paid
with the proceeds of any obligation of the Borough (other than borrowing by the borou gh from
one of its own funds or the funds of a member of the same "Controlled Group " within the
meaning of Treasury Regulation Section I. 150-1(t)). The bonds or notes authorized here in to
reimburse the Borough for any expenditures toward the costs of the improvement or purpose
described in Section 3 hereof will be issued in an amount not to exceed $665,000. The costs to be
reimbursed with the proceeds of the bonds or notes authorized herein will be "capital
expenditures" in accordance with the meaning of Section 150 of the Code. Thi s provi sion will
take effect immediate ly, but will be of no effect with regard to expenditures for costs paid outside
the permitted reimbursement period set forth in Treasury Regulation Section 1.150-2(d)(2) .
SECTION 10. The Borough bereby covenan ts to maintain the exclus ion from gross
income under Section 103(a) of the Code, of the interest on all bonds or notes issued by the
Borough pursuant to this bond ordinance.
SECTION 11. This bond ordinanc e shall take effect twenty (20) days after the first
publication thereof after final adoption, as provided by the Local Bond Law.
COMMlTfEE REPORTS :
Mr. Parisi expressed that he thought Ms. Norton was a great choice to replace Mr.
Murphy.
The Chamber Golf outing will be held on August 5 and the proceeds will be donated to
The Englewood Cliffs Recreation Department.
The Planning Board approved Phase II for 930-940 Sylvan Avenue. A donation of
$125,000 will be made toward rehabilitation of sanitary sewers.
02-150
JULy 17, 2002
The suh-di vision on Loretta was also held until the September meeting.
Mr. Plawker attended the Englewood Council meeting where they adop ted a new
Ordinance creating a mixed use area off Route 4. There will be hotels, townhouses,
Offices but no retail.
The Nex tel suite cha llenging the constitutionality of our ordinance has been withdrawn.
Thi s will allow Nex tel to bring an appe al to Superi or Court against the Board of Adjustment.
Mr. Corri ston reporte d that he contacted the attorney for Skymark and they agreed to pay
$300/lot for removed trees on the 14 lots and to place 14 shade trees, one on each lot on the
site.
The trial date for JAMAC has been set for July 25, 2002 at II a.m. He needs Mr. Hipolit
to stand by in case he needs him.
The sanitary sewer p rojects on Hudson Terrace and Sylvan Avenue, Stage 4, has bee n
Completed . We still have to do stages 5 and 6.
The road resurfacing project specs should be ready by the first week of August.
02-151
JULy 17,2002
TIle monitoring wells have been tested and they tested clear.
CHIEF OF POLICE:
Sgts. LaRaia, Regan & Speidel have been with the department for 16 years.
Captain Barrett celebrates his 33'" year.
Lts. Bauernschmidt and McMorrow celebrate their 28"' years.
PUs. Shaloub and Mum , 8 years
Pt!. McDermott, 3 years.
Chief Whiting reported that 2 of our officers were involved in the investigation of the
home invasion and murder which took place in Englewood.
Patrolman Wicker was instrumental in the arrest of two men at the Royal Cliffs dine who
had weapons and burglary tools in their possession.
PUBLIC PORTION: On a motion by Parisi, seconded by Manolio, the meeting was opened to the
public. Carried.
Dr. Vidal spoke about the conditions near the construction site on Middl esex Avenue.
Mr. Hipolit stated that he would call the contractor.
M s. Breen spoke about the litter in the woods at the south end of the Citicorp property;
the lights in the Citicorp parking lot; and the garbage on the corner property on Van
Nostrand.
On a motion by Manolio, seconded by Drimones, the public portion of the meeting was closed.
Carried.
On a motion by Norton, seconded by Parisi, the meeting was adjourned at 9:20 p.m.
ATTEST: APPROVED :
02-1 52
BOROUGH OF ENGLEWOOD CLIFFS
BERGEN COUNTY, NEW JERSEY
Adequate notice of this meeting was given to the press and posted as req uired. Date and time of this
meetin g was legally given as required by the "Open Public Meetings Act."
Thi s notice is on file with the Muni cipal Clerk and pos ted on the bulletin board.
Minutes of this meeting wil l be made ava ilable to the public upon the completion of typing and
proofreading by the Municipal Clerk.
On a motion by Manolio, seconded by Plawker, resolution 02-81 was offe red for adoption:
RO LLCALL
AYES : Plawker, Manolio, Drimones, Kasoff, Parisi, Norto n
Closed session comme nced at 6:05 p.m. and ended at 6:35 p.m.
02-153
AUG UST 21, 2002
MINUTES OF T HE: Caucus Meeting of July 17, 2002 and Regular Meeting of July 17, 2002 were
placed on the Regular Agenda for approval.
THE FOL LOWING REPORTS WERE PLACED ON THE REGULAR AGENDA FOR
APPROVAL .
The Municipal Attorney will be authorized to send a check in the amount of $1,500 to
the State Health Benefits for the Englewood Cliffs Experience Rate. Placed on the
regular agenda for approval.
02-154
AUGUST 21, 2002
NEW BUSINESS:
Dead trees on PIP property (U.S. Route 9W)
Mr. Corriston recoounen ded that the Shade Tree Commission have an expert tag all the dead trees
and give this list to him. He in tum will contact the Palisades Interstate Parkway Commission.
Coytesville Cemetery
Mr. Plawker reported that he, Mayor Parisi and Mr. Bialko attended a meeting with the COyle
Family, Fort Lee Historians and a Fort Lee Counci lman.
The meeting was about the maintenance and the ability to enter the Cemetery facility.
F ire Truck
Mr. Kasoff will be authorized at the regular to inform the Fire Department that they should prepare
specifications for the new fire truck for presentation to the Council by the end of the year.
ATTEST: APPROVED :
02-155
ALSO PRESENT:
02-156
AUGUST 21, 2002
CLAIMS:
On a motion by Plawker, seconded by Manolio, the Claims for the month of August, 2002 were
ordered paid.
02-157
AUGUST 21, 2002
RESOLUTIONS :
On a motion by Manolio, second ed by Drimones, Resolution 02-75 was offer ed for adoption:
ROLLCALL:
AYES: Plawker, Murp hy, Drimones, Kasoff, Parisi, Norton
RESOLUTION 02-75
WHEREAS, recommendations have been made to create a drug and alcoh ol municipal
alliance committee to work in conjunction with representatives of the community;
On a motion by Drimones, secon ded by Kasoff, Resolution 02-76 was offered for adoption:
ROLL CALL:
AYES: Plawker, Manolio, Drimon es, Kasoff, Parisi, Norton
RESOLUTION 02-76
NOW, THEREFORE BE IT RESOLVED that the Ma yor and Council of the Borough
of Englewood Cliffs does hereb y appro ve the befo re mentioned extension.
02-158
AU G UST 21, 2002
On a motion by Drimones, seconded by Norton, R esolution 02-77 was offered for adoption :
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
BE IT RESOLVED, that United Water New Jersey, Inc . be and it bereby is req uested to
erect (2) two fire bydrants at the follow ing designated places, to be used for fire purp oses only,
accordance with the Rul es and Regulations of the Company, and its rates as set fort h in its
Schedule of Rates ftIed with the Board of Public Utility Commiss ioners of New Jersey at
Trenton, N.J.
LOCATION OF HYDRANTS
On a motion by Manolio, seconded by K asoff, R esolution 02-78 was offered for adoption:
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi , Norton
WHE REAS, on September I I, 2001, terrorists hijacked four civilian aircraft, crashing two into the World
Trade Center in New York City, a third into the Pentagon outside of Washington, D.C., and a fourth into
the countryside of Pennsylvania; and
WHEREAS, thousands of innocent people, includ ing Ame ricans of e very heritage and visitors to o ur
shores, were killed and injured as a result of these wicked and reprehensible attacks, including the
passengers and crews of the aircraft, workers in the World Trade Center and the Pentagon, bystanders,
tourists and rescue workers; and
WHE REAS, these attacks were the deadliest assaults ever launched against the United Slates, and, by
targeting symbo ls of American strength and success, were clearly intended to intimidate our N ation and
weaken its resolve ;
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of EngJewood Cliffs,
that we extend our deepest cond ol ences to the v ictims of these heinous and ungodl y actio ns, as we ll as to
their families and their friends; and be it further
02-159
AUG U ST 2 1, 2002
RESOLVED , that we commend the heroic actio ns ofthe passengers and crews of the aircraft, the rescue
workers, the volunteers , the local officials, and so many of the victims, themselves, who responded to these
tragic events with co urage, compa ssion, determination and skill; and be it further
RESOLVED, that we do coodemn and denounce the terrorists who planned and executed this devasta tion,
as well as their coward ly sponso rs and accom plices; and be it further
RESO LVED, that we thank those foreign leaders and individuals who have expressed solidarity with the
United States in the aftermath of the attacks, and be it further
RESOLVED , that we support our President, his Cabinet, our Armed Forces, our Federal, State and local
law enforc ement agencies and Congress in their efforts to bring j ustice to the perpetrators of these attack s,
and to their accomp lices and sponsors; and be it further
RESOLVED , that we stand read y, with Governor McGree vey and his Administration to share whatever of
our resources may be needed for the on-going recovery efforts, as w'ell as with any agencies charged with
the investigation of this mass murder and the apprehension of the responsible partie s; and be it further
RESOLVED, that the Borough of Englewoo d Cliffs does so hereby. designat e Septembe r 11,2002 as
"Always Remember Day" in commemoration of the innocent victims and the intrepid heroes of the terrorist
attack on the United States which took place on September II , 2001 ; and be it further
.'
RESOLVED , that all persons within this municipality are urged to;honor these victims by appropriate
displays of our flag and of red, white, and blue ribbons, and that a copy of this resolution be sent to the
New Jersey State League of Municipalities.
R OLL CALL:
AYES: Plawker, Manolio, D rimones, Kasoff, Parisi , Norton
RESOLUTION 02-79
WH E REAS, Rhod a L. Feldman, 304 Castle Drive, Englewood Cliffs, New Jersey, has
donated $ 1,000.00 to the Engle wood Cli ffs Police Department; and
WHEREAS, a check in the amo un t of $1, 000.00 has been received by the B oro ugh and
has been deposited in the Boroug h 's ac count;
NOW , THEREFORE,
B E IT RESO L YED th at th e En gle wood C liffs Mayor and Council d oes bereby accept
the ge nerou s donation of Rhoda L. Feldman ., to th e Englewood Cli ffs Police D epartment.
02-160
AUGUST 21, 2002
ORDINANCE 2002-11
Councilman Manolio moved the ordinance be given its first reading. So ordered.
The municipal clerk read the said ordinance by title. Councilman Manolio moved the ordinance
be adopted on first reading and published in the Press Journal on August 29, 2002.
The public hearing to be held on September 18, 2002. Motion was seconde d by Councilwoman
Drimones.
The ordinance was approved at the first reading upon the call of the roll.
ROLL CALL:
AYE S: Plawker, Manolio, Drimones, Kasoff, Parisi, Nbrton
Councilwoman Norton moved the ordinance be given its first reading. So ordered .
The municipal clerk read the said ordinance by title. Councilwoman Norton moved the ordinance
be adopted on first reading and published in the Press Journal on August 29, 2002.
The public hearing to be held on September 18, 2002. Motion was seconded by Counc ilman
Plawke r.
The ordinance was approve d at the first reading upon the call of the roll.
02-161
AUGUST 21, 2002
ORDINANCE 2002-13
Councilman Manolio moved the ordinance be given its first reading-, So ordered.
The municipal clerk read the said ordinance by title. Councilman M anolio moved the ordinance
be adopted on first reading and published in the Press Journal on August 29, 2002.
The public hearing to be held on September 18, 2002. Motion was seconded by Councilwoman
Drimones.
The ordinance was approved at the first reading upon the call of jhe roll.
COMMITTEE REPORTS:
No Report
Councilman Parisi reported that Pt!. Rushworth has been on the force for 15 years.
The Police Department receive d a letter of thanks from Pat Segalla for the National
Night out.
On a motion by Parisi, seconded by Manolio, the Municipal Attorney and Chief ofPolic e
Were authorized to check into the parking along VanNostrand Avenue.
02-162
AUGUST 21, 2002
The Chamber of Commerce held its golf outing. All monies will be given to the Englewood
Cliffs recreation department after the Outing has its audit.
No report
No report
Bids for the 2002 Road Improvement program will be received on Augus t 27 at 10:00 a.m.
We will schedule a special meeting for August 28 for the awardin g of the bid.
Mr. Bialko reported that it had been a very busy month with storm, oil spills, gas main leaks.
NEW BUSINESS:
PUBLIC PORTION : On a motion by Manolio, seconded by Drimones, the meeting was opened to
the public. Carried.
On a motion by Drimones, seconded by Manolio, the public portion of the meeting was closed.
Carried .
On a motion by Manolio , seconded by Drimones, the meeting was adjourned at 8:40, p.m.
02-163
AUGUST 21, 2002
ATTEST: APPROVED:
02-164
BOROUGH OF E NGLEW O OD CLIFFS
NEW JERSEY
ALSO PRESEN T:
"AD EQUATE NOTICE OF THIS SPECIAL MEETING WAS GIVEN TO THE RECORD AND
PRESS JOURNAL AND POSTED AS REQUlRED.
DATE AND TIME OF THIS SPECIAL MEETING WAS LEGALLY GIVEN AS REQUlRED BY
THE "OPEN PUBLIC MEETINGS ACT. "
rms NOTICE IS ON FILE WITH THE BOROUGH CLERK AND POSTED ON THE
BULLETIN BOARD.
The Municipal Clerk presen ted the bid results to the Mayor and Council.
On a motion by Manolio, seconded by Drimones, resolution 02-82 was offered for adopti on.
02-165
AUG UST 28, 2002
RESOLUTION 02-82
RESOLVED ,
WHEREAS, the Borough of Englewood Cliffs has received bids for an ARTICULATED
RUBBER TIRED CARRIER; and
WHEREAS, the bids have been reviewed by the Superintendent of Public Works; and
WHEREAS, the Mayor and Council are desirous of awarding the contract to the bidder
providing the lowest cost to the Borou gh, and
WHEREAS, FOL EY INC. has provided the lowest total cost in the amount of
$102,000.00 and is the lowest responsible bidder for the ARTICULATED RUBBER TffiED
CARRIER; AND
The Municipal Engineer requested that be be allowed to speak to the low bidder to ascertain whether
or not the low bidder would be able to complete that project in the time frame allowed in the
specifications. He stated that he would speak to the low bidder on Thursday or Friday and requested
that this meeting be continued to Tuesday, September 3, 2002.
On a motion by Mano lio, seconded by Drimones, the meeting was continued to September 3, 2002 at
9:00 a.m. in the Council Chambers. Carried.
02-166
SEPTEMBER 3, 2002
On a motion by Manolio, seconded by Kasoff, Resolution 02-83 was offered for adoption:
ROLLCALL:
AYES : Manolio , Kasoff, Parisi, Norton
ABSENT: Plawker, Drimones
RESOLUTION 02-83
WHEREAS, the Borough of Englewood Cli ffs has rece ived bids for the 2002 Road
Improvement Program; and
WHEREAS, the bids have been reviewe d by the Municipal Engineer; and
WHEREAS, the Mayor and Counc il are desirous of awar ding the con tract to the bidder
providing the lowest cost to the Borough; and
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council does hereb y
award the contract for the 2002 Road Improv ement Program to Smith Sondy Asphalt
Construction Company, 150 Anderson Avenne, Wallingto n, NJ 07057 in the amount of
$462,484.55 [Base Bid, Alternates B, D & E) and that the Borough Atto rney is hereby authorized
and directed to prepare the appropriate agreement therefor.
02-167
SEPTEMBER 3, 2002
ArrEST: APPROVED:
02-168
BOROUGH OF ENGLEWOOD CLIFFS
BERGEN COUNTY, NEW JERSEY
ALS O PRESENT:
Borough Attorney E. Carter Corriston, Esq.
Borough Engine er Andrew Hipolit
Chief of Police Lawrence Whiting
Supt. of Public Works Rodney Bialko
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 by the "Open Public Meetings Act."
This notice is on file with the Municipal Clerk and posted on the bulletin board.
Minutes of this meetin g will be made available to the public upon the completion of typing and
proofreading by the Municipal Clerk.
On a motion by Council President Plawker, seconded by Councilman Parisi the following resolution
was read;
R esolution 02-85
Whereas, NJSA 10:4-12 allows for a public body to go into closed session during a public
meeting, and
Whereas, the Mayor and Council of the borough of Englewood Cliffs bas deemed necessary
to go into closed session to discuss certain matters which are exempted from the public,
Now, th erefore be it resolved , that the Mayor and Council of the borough of Englewood
Cliffs will go into closed session for the following reason as outlined in NJSA 10:4-12:
02-169
SEPTEMBER 18, 2002
A motion was made Parisi, seconded by Norton, to return to the open work session. Carried.
MINUTES OF THE: Cauc us Meeting of August 21,2002 and Regular Meeting of August 21,
2002 were placed on the Regular Agenda for approval.
On motion by Parisi, seconded by Plawker, Councilman Parisi will look into how many officials will
be attending the JIF meeting at the League ofM unicipalities Conference . Carried
•
THE FOLLOWING RESOLUTIONS WERE PLACED ON THE REGULAR AGENDA
FOR APPROVAL :
02-170
SEPTEMBER 18, 2002
02-171
BOROUGH OF ENGLEWOOD CLIFFS
BERGEN COUNTY, NEW JERSEY
ALSO PRESENT:
MAYORPARlS1STATED:
ADEQUATE NOTICE OF rms MEETING WAS GIVEN TO THE PRESS AND PO STED AS
REQUIRED. DATE AND TIME OF rms MEETING WAS LEGALLY GIVEN AS REQUIRED
BY THE "OPEN PUBLIC MEETINGS ACT."
rms NOTICE IS ON FILE WITH THE MUNICIPAL CLERK AND POSTED ON THE
BULL ETIN BOARD.
MINUTES OF rms MEETING WILL BE MADE AVAlLABLE TO THE PUBLIC UPON THE
COMPLETION OF TYPING AND PROOFRE ADING BY THE MUNICIPAL CLERK.
02-172
SEPTEMBER 18, 2002
CLAIMS :
On a motion by Plawker, seconded by Norton, the Claims for the month of September, 2002 were
ordered paid.
02-173
SEPTEMBER 18, 2002
RESOLUTIONS:
The Mayor asked the Deputy Clerk to announce that an additional resolution 02-88 was added to the
agenda. The resolution was read in consideration of the fact that a copy was not available to the
public prior to the meeting.
On a motion by Parisi, seconded by Drimones, the meeting was opened to the general public for
comment.
Dr. Sank inquired as to the circumstances that lead to a crossing guard being hired at this time per
resolution 02-88. Mayor Parisi explained that there was a vacancy in the position and that it needed
to be filled as soon as possible.
On a motion by Drimones, seconded by Manolio, Resolution 02-84 was offered for adoption:
ROLLCALL:
AYES: Plawker, Murphy, Drimones, Kasoff, Parisi, Norton
RESOLUTION 02-84
WHEREAS, NJ.S.A. 40a:11-11(5) authorizes contracting units to enter into Coope rative
Pricing Agreemen ts; and
WHEREAS, the COUNTY OF BERGEN hereinafter referred to as the "Lead Agency" has
offered voluntary participation in a Coopera tive Pricing System for the purchase of work,
materials and supplies; and
NOW THEREFO RE, BE IT RESOLVED on the 18" Day of September, 2002, the Mayor and
Council of the Borough of Englewood Cliffs, County of Bergen, State of new Jerse y, as follows :
TITLE
This Resolution shall be known and may "be cited as the Cooperative Pricing Reso lution of the
Borough of Englewood Cliffs.
02-174
SEPTEMBER 18, 2002
AUT HORITY
Pursuant to the provisions of N.J.S.A. 40A:ll-ll(5), the Mayor of the Borough of Englewood
Cliffs is hereby authorized to enter into a Cooperative pricing Agreement with the Lead Agency.
CO NTRACTING UNIT
The Lead Agency entering into contracts on behalf of the Borough of Englewood Cliffs shall be
responsible for complying with the provisions of the Local Public Contacts Law (NJ .S.A.
40A: l l -l et seq) and all other provisions of the revised statutes of the State of New Jersey.
EFFECTIVE DATE
On a motion by Drimones, seconded by Norton, Resolution 02-86 was offered for adoption:
ROLLCALL: ..
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 02-86
WHEREAS, a check in the amount of $3,000.00 has been received by the Borough and
has been deposited in the Borough' s account;
NOW, THEREFORE,
BE IT RESOLVED that the Englewood Cliffs Mayor and Council does hereby accept
the generous donation of Englewood Cliffs Chamber of Commerce.
02-175
SEPTEMBER 18, 2002
On a motion by Manolio, second ed by Drimones, Resolution 02-87 was offered for adoption:
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 02-87
BE IT RESOLVED, that United Water New Jersey, Inc, be and it hereby is requested to
erect (1) one hydrants at the following designat ed places, to be used for fire purposes only,
accordance with the Rules and Regulations of the Company, and its rates as set forth in its
Schedule of Rates filed with the Board of Public Utility Commiss ioners of New Jersey at
Trenton, N,J,
LOCATION OF HYDRANTS
On a motion by Manolio, seconded by Plawker, resolution 02-89 was offered for adoption:
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 02-89
WHEREAS, The Frederic Companies has presented to United Water New Jersey an
application for an extension to its distributing system, consisting of 50 feet of 12 inch pipe and
630 feet of 8 inch pipe in Summit Street, Englewood Cliffs, New Jersey;
NOW, THEREFORE BE IT RESOLYED that the Mayor and Council of the Borough
of Englewood Cliffs does hereb y approve the before mentioned extension,
02-176
SEPTEMB ER 18, 2002
ROLLCALL:
AYES: Plawker, Manolio, Drirnones, Kasoff, Parisi, Norton
RESOLUTION 02-88
BE IT RESOLVED, that the Mayo r and Council of the Borough of Englewood Cliffs
authorize the hiring of Susana Gurtm an as a School Crossing Guard, pending further inve stigation
of her qualifications by the Englewood Cliffs Police Department.
ORDINANCE 2002-11
The clerk presented affidavit of publication, showing that advertisement had been made according to
law, which was ordered filed. Councilman Manolio moved a public hearing be held on the
ordinance. So ordered. Councilman 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 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 Manolio moved the
hearing be closed. So ordered.
Councilman Manolio moved the ordinance be adopted on second reading and final passage, which
motion was seconded by Council President Plawker and adopted upon a call of the roll.
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
02-177
SEPTEMBER 18, 2002
ORDINANCE 2002-11
17-9.10 Removal Fro m Office. The Fire Official, inspectors and other
employees of the enforcing agency shall be subject to removal by the governing body of the
Borough for inefficiency or misconduct. Each inspector or employe e to be so removed shall be
afforded an opportunity to be heard by the appointing authority or a designated hearing officer.
17-9.12 Addi tional Requ ired Inspections and Fees. In addition to the inspection
and fees required pursuant to the Act and the regulations of the Department of Community
Affairs, the following additional insp ections and fees shall be requ ired.
a. Annual inspection of all buildings und er 5,000 gross square feet not requiring State
registration. Inspection fee to be seventy-five ($75.00) annually.
b. Annual inspecti on of all buildings over 5,000 gross square feet and under 25,000 gross
square feet not requiring State registration. Inspection fee to be ninety ($90.00) annua lly.
c. Annual inspection of all buildings over 25,000 gross square feet and under 100,000
gross square feet not requiring State registration. Inspection fee to be one hundred fifty ($150.00)
dollars annually.
d. Annu al inspect ions of all buildings ove r 100,000 gros s square feet and under 250 ,000
gross square feet not requiring sta te registration. Inspection fee to be two hundred forty
($240.00) dollars.
02-178
SEPTEMBER 18, 2002
e. Annual inspections of all buildings over 250,000 gross square feet and under 400,000
gross square feet not requiring state registrat ion. Inspection fee to be four hundred fifty ($450.00)
dollars .
The agency shall notify the building owner in writing of the annual fee, which shall be
paid to the local agency within 30 days of notifications. Any non-payment of fees hereunder
shall result in a violation of this section and any violation shall subject the offender to a
PENALTY of not less than two hundred fifty ($250.00) dollars.
17-9.13 Certificate of Fire Code Status. Upon request of the owner or bona fide
purchaser of a building or structure, the enforcing agency having jurisdiction over the building or
structure shall issue a certificate, either enumerating the violations indicated by its record to be
unabated and the penalties or fees indicated therefor, to be unpaid or stating that its record
indicates that no violations remain unabated and no penalties or fees remain unpaid. The fee for
such service shall be thirty five ($35 .00) dollars.
17-9.15 Technical Amendments to the Uniform Fire Code State of New Jersey.
Subchapter 3. State Fire Prevention Code.
F-311.0 Fire Lanes of the "State Fire Prevention Code" shall be deleted in its
entirety and replaced by the following sections:
F-31 1.5 Jurisdiction. The Englewood Cliffs Fire Prevention Office and the
Police Department of the Borough of Englewood Cliffs shall have concurrent j urisdiction to
enforce Section F-311.4.
F-311.6 Violations. Any person, firm or corporation who shall violate any of the
provisions of Section F-311.4 (Fire Lanes) shall, upon the first conviction thereof, be punished by
a fine of $50.00. Same may be payable through the Violations Bureau. For each and every
subsequent offense, the violation shall be fined not less than $50.00, nor in excess of $500.00, or
by imprisonment in the County Jail for a period not to exceed 90 days, or by both such fines and
imprisonment. Each day that the violation exists shall be deemed and taken to be separate and
distinct offense which separate penalties may be imposed.
02-179
SEPTEMBER 18, 2002
The following sha ll be added afte r Section F-504.5 of the "State Fire
Prevention Code"
F-504.6 Key Box. Any building other than a residential building which has a fire
alarm system or other fire protection system, the fire official may require a secure key box where
immediate access is necessary for life saving or fire fighting purposes. The key box shall be a
type approved by the Fire Official, and shall be installed in a location approved by the fire
official. Such Key Box shall contain the following:
The following shall be added after section F-5l8 .4 General, of the "State Fire Prevention
Code".
BE IT FURTHER ORDAINED that this ordinance shall take effect immediately upon
final passage and publication in accordance with law; and
BE IT FURTHER ORDAINED that all ordinances or parts of ordinance s other than the
zoning ordinance of the borough 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 or provision of this Ordin ance 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.
This ordinance shall take effect upon final adoption and publication according to law.
02-180
SEPTEMBER 18, 2002
ORDINANCE 2002-12
The clerk presented affidavit of publication, showing that advertisement had been made according to
law, which was ordered filed. Council President Plawker moved a public hearing be held on the
ordinance. So ordered. Council President moved the clerk read the ordinance by title on second
reading. So ordered. The clerk thereup on 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.
Mr. Lubin objected to the ordinance stating that his clients, the Porrinos, were unable to attend the
meeting, therefore he was objecting on their behalf. He slated that in his opinion the ordinance was
not in the best interest of the public. He also stated that he believed this ordinance would affect the
buffer zone next to his clients property in particular five trees.
Councihnan Parisi slated that the street being vacated would remain in the same state it is now and
that the vacating of the street does not affect the buffer zone. The issue of the five trees is an issue
that was addressed at the planning board meeting.
Borough Attorney, E. Carter Corriston noted that the vacating of the street will prevent any
possibility of that street ever becoming a through street.
Mr. Dorfman objected to the ordinance. He is a residential broker. His opinion was that even though
the Porrinos are gaining 1000 sq. ft. of property, the property has utility poles and wires.
Mr. Schepesi commented that the Borough of Englewood Cliffs would no longer be responsibl e for
the portion of Hollywood Avenue to be vacated.
Ms. Sciacca asked for clarification regarding the additional property to be gained by Unilever and the
Porrinos.
02-181
SEPTEMB ER 18, 2002
Dr. Sank asked if Hollywood Avenue was a paper street. Her opinion was that the ordinance was
short sighted. She asked how much the increase in property tax would be for Unilever. She also
noted that the low taxes in Englewood Cliffs are fantastic.
After all interested parties had spoken on the ordinance, Councilman Manolio moved the hearing he
closed. So ordered.
Councilman Parisi moved the ordinance be adopted on second reading and final passage, which
motion was seconded by Councilman Manolio and adopted upon a call of the roll.
WHEREAS, that portion of Hollywood Avenue no longer needed for public use is as
more particularly described in the legal description set forth in Section 5; and
WHEREAS, said portion of Hollywood Avenue is no longer needed for pub lic street or
highway use within the Borough of Englewood Cliffs; and
WHEREAS, the best interests of the public would be served by releas ing and vacating
the described portion of Hollywood Avenue and causing this property to be added to the tax rolls
of the municipality;
SECTION II. The vacatio n of Hollywood Avenue as set forth in Sections 5 is subject
to all of the rights and privileges presently possessed by all public utilit ies as defined in N.J.S.A.
48:2-13, et seq., by any cable television company as defined in the Cable Television Act, N J.S.A.
48:5A-I , et seq., by the Borou gh of Englewood Cliffs, the Bergen Utilities Authority, United
Water, Verizon, PSE & G and their successors and/or assigns.
02-182
SEPTEMBER 18, 2002
SECTION m. The rights and privileges hereby reserved are those rigbts and pri vileges
to maintain, repair and replace any and all existing facilities includin g, but not limited to, such
utility line; including gas, electric , water and teleph one, cable line, sanitary and storm sewer
systems adjacent to, in, under, or over the port ion of Hollywood Avenue hereby vacated as set
froth in Sections 5 and 6.
SECTION IV. This vacation is further subject to the following; 10 the event the
property owner of Block 910, Lot 1 or Block 808, Lot 9 precludes vehicul ar traffic from entering
that portion of Holl ywood Avenue being vacated, then such property owners shall cause a cul-de-
sac to be constructed at their own cost and expense to permit vehicles that exit Sylvan Avenue
onto the unvac ated portio n of Hollywood Avenue to turn around and return to Sylvan Avenue.
Said cul-de-sac shall meet all municipal requirements and the plans for same mu st be submitted
to and approved by the Borough Engineer prior to any closure to vehicular traffic to that portion
of the roadway being vacated.
Beginning at a point on the southerly side of Hollywo od Ave. (50.00 ft. wide) which
point is 153.09 ft. westerly form the intersection of the westerly side of Sylvan Avenue (also
known as U.S. Route 9W) (80 ft. wide) and which point is at the northwesterly corner of Lot 8
Block 808 as shown on the tax map of the Borou gh of Englewood Cliffs, Bergen County, N .J.
and the intersection of lots 35 and 36 as shown on filed map number 2446 and running thence:
I. North 43°_ 46 '- 10" W along the said southerly side line of Hollywood Ave nue
which is the northe rly line of Lot 9, Block 808 and partially Lot 7, Block 808,
a distance of 460 .00 ft. to a point.
2. North 46° - 13' - 50' East a distance of 50.00 ft. to a point on the north erly
side of Holl ywood Avenue thence;
3. South 43° - 46 '- 10" East along the said northerly side of Hollywood Avenue
a distance of 460.00 feet to a point thence;
4. South 46° - 13' - 50" West a distance of 50.00 feet to the poin t and place of
beginning.
SECTION VI. The official map of the Borough of Englewood Cliffs be and same is
hereby amended to reflect the vacat ion herein enacted, ifthat map has not hereto fore been
amended.
02-183
SEPTEMBER 18, 2002
SECTION vn.rn accordance with the provisions ofN.J.S.A. 40:49-6 the Borough Clerk
be and is hereby authorized to publish this ordinan ce at least ten (10) days prior to the time fixed
for final passage of same, and shall mail a copy of same to every person whose land may be
affected by this Ordinance.
SECTION VITI. Pursuant to the provision ofNJ .S.A. 40:67-21 the Borough
Clerk shall file in the office of the Bergen County Clerk a certified copy of this Ordinance and a
copy of Proof of Publication thereof.
SECTION X. This Ordinance shall take effect immediately upon publication after [mal
passage according to law.
ORDINANCE 2002,13
,
BOND ORDINANCE TO PROVIDE FOR CERTAIN IMPROVEMENTS,
BY AND IN THE BOROUGH OF ENGLEWOOD CLIFFS, IN THE
COUNTY OF BERGEN, STATE OF NEW JERSEY, (THE "BOROUGH");
APPROPRIATING $1,000,000 THEREFOR AND AUTHORIZING
THE ISSUANCE OF $950,000 BONDS OR NOTES OF THE BOROUGH TO
FINANCE PART OF THE COST THEREOF.
The clerk presented affidavit of publication, showing that advertisement had been made according to
law, which was ordered filed. Council President Plawker moved a public hearing be held on the
ordinance. So ordered. Council President 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 be given opportunity to be heard for or against the
adoption of the ordinance.
02-184
SEPTEMBER 18, 2002
Borough Attorney E. Carte r Corriston stated that the Borough is under an order for the Department
of Departrnent of Environmental Protection to improve sanitary sewers.
Borough Engin eer Andrew Hipolit reported that Englew ood Cliffs is five years ahea d of schedule for
this proj ect.
Borough Engineer An drew Hipolit explained the difference between sanitary sewers and storm
drains.
Mr. Apostolis asked for clarificatio n concerning the moratorium. He is concerned about overflow
into his borne.
Borough Attorney E. Carter Corri ston commented that at one time the borough installed auto cbeck
valves for residents.
After all interested parties bad spoken on the ordinance, Councilman Kasoff move d the bearin g be
closed. So ordered.
Council President Plawker moved the ordinance be adopted on second reading and final passage,
whic h motion was seconded by Councilman Parisi and adopted upon a call of the roll.
ORDINANCE 2002-13
02-185
SEPTEMBER 18, 2002
(c) The estimated cost of said purpose is $1,000,000, the excess thereof
over the said estimated maximum amount of bonds or notes to be issued therefor being the
amount of $950,000, is the down payment for said purpose in the amount of $50,000.
SECTION 4. In the event the United States of America, the State of New Jersey, and/or
the County of Bergen make a contribution or grant in aid to the Borough for the improvement and
purpose authorized hereby and the same shall be received by the Borough prior to the issuance of
the bonds or notes authorized in Section 2 hereof, then the amount of such bonds or notes to be
issued shall be reduced by the amount so received from the United States of America, the State of
New Jersey, and/or the County of Bergen. In the event, however, that any amount so contributed
or granted by the United States of America, the State of New Jersey, and/or the County of Bergen
shall be received by the Borough after the issuance of the bonds or notes authorized in Section 2
hereof, then such funds shall be applied to the payment of the bonds or notes so issued and shall
be used for no other purpose. This Section 4 shall not apply, however, with respect to any
contribution or grant in aid received by the Borough as a result of using funds from this bond
ordinance as "matching local funds " to receive such contribution or grant in aid.
02-186
SEPTEMBER 18, 2002
SECTION 5. All bond anticipation notes issued hereunder shall mature at such times as
may be determined by the Chief Financial Officer of the Borough, provided that no note shall
mature later than one (I ) year from its date or otherwise authorized by the Local Bond Law. The
notes shall bear interest at such rate or rates and be in such form as may be determined by the
Chief Financial Officer.
The Chief Financial Officer shall determine all matters in connection with the notes issued
pursuant to this bond ordinance, and the signature of the Chief Financial Officer upon the notes
shall be conclusive evidence as to all such determinations. All notes issued hereunder may be
renewed from time to time in accordance with the provisions of the Local Bond Law. The Chief
Financial Officer is hereby authorized and directed to sell part or all of the notes from time to
time at public or private sale and to deliver them to the purchaser thereof upon receipt of payment
of the purchase price and accrued interest thereon from their dates to the date of delivery thereof.
The Chief Financial Officer is hereby authorized and directed to report in writing to the Borough
Council at its meeting next succeeding the date when any sale or delivery of the notes pursuant to
this bond ordinance is made. Such report must include the principal amount, the description, the
interest rate, and the maturity schedule of the notes so sold, the price obtained and the name of the
purchaser.
SEC TION 6. The capital budget of the Borough is hereby amended to conform with the
provisions of this bond ordinance and to the extent of any inconsistency herewith, a resolution in
the form promulgated by the Local Finance Board showing.. full detail of the amended capital
budget and capital programs as approved by the Director of, the Division of Local Government
Services, New Jersey Departtnent of Community Affairs will be on m e in the office of the
Borough Clerk and will be available for public inspection.
SECTION 7. The following additional matters are hereby determined, declared, recite d
and stated:
(a) The improvement or purpose described in Section 3 of this bond
ordinance is not a current expense and is an improvement which the Borough may lawfully
undertake as a general improvement, and no part of the cost thereof has been or shall be specially
assessed on property specially benefited thereby.
(c) The Supplemental Debt Statement required by the Local Bond Law
has been duly made and filed in the Office of the Clerk of the Borough and a complete executed
duplicate thereof has been filed in the Office of the Director of the Division of Local Government
Services, New Jersey Department of Community Affairs, and such statement shows that the gross
debt of the Borough as defined in the Local Bond Law is increased by $950,000, the authorization
of the bonds or notes provided for in this bond ordinance, and the said bonds or notes authori zed
by this bond ordinance will be within all debt limitations prescribed by the Local Bond Law.
(d) An amount not exceeding $99,500 for items of expense listed in and
permitted under Section 20 of the Local Bond Law is included in the estimated cost indicated
herein for the improvement or purpose described in Section 3 hereof.
02-187
SEPTEMBER 18, 2002
SECTION 8. The full faith and credit of the Borough are hereby pledged to the punctual
payment of the principal of and the interest on the bonds or notes authorized by this bond
ordinance. The bonds or notes shall be direct, unlimited obligations of the Borough, and the
Borough shall be obligated to levy ad valorem taxes upon all the taxable property within the
Borough for the payment of the bonds or notes and the interest thereon without limitation as to
rate or amount.
SECTION 9. The Borough reasonably expects to reimburse any expenditures toward the
costs of the improvement or purpose described in Section 3 of this bond ordinance and paid prior
to the issuance of any honds or notes authorized by this bond ordinance with the proceeds of such
bonds or notes. No funds from sources other than the bonds or notes authorized herein have been
or are reasonably expected to be reserved, allocated on a long-term basis, or otherwise set aside
by the Borough, or any member of the same "Controlled Group" as the Borough, within the
meaning of Treasury Regulation Section U 50-l(t), pursuant to their budget or financial policies
with respect to any expenditures to be reimbursed. This Section 9 is intended to be and hereby is
a declaration of the Borough's official intent to reimburse any expenditures toward the costs of
the improvement or purpose described in Section 3 hereof to be.incurred and paid prior to the
issuance of bonds or notes authorized herein in accordance with Treasury Regulation Section 1.
150-2, and no further action (or inaction) will be an abusive arbitrage device in accordance with
Treasury Regulation Section I. 148-10 to avoid the arbitrage yield restrictions or arbitrage rebate
requirements under Sections 142 through 147 of the Internal Revenue Code of 1986, as amended
(the "Code"). The proceeds of any bonds or notes authorized herein used to reimburse the
Borough for any expenditures toward the costs of the improvement or purpose described in
Section 3 hereof will not be used directly or indirectly (i) to "refund" an issue of governmental
obligations within the meaning of Section 148 of the Code, (ii) to create, within one year,
following the reimbursement of any expenditures of bond proceeds, "replacement proceeds"
within the meaning of Treasury Regulation Section 1. 148-1 of the bonds, or any other bond
issue, or (iii) to reimburse the Borough for any expenditure or payment that was originally paid
with the proceeds of any obligation of the Borough (other than borrowing by the borough from
one of its own funds or the funds of a member of the same "Controlled Group" within the
meaning of Treasury Regulation Section 1. l50-1(t)). The bonds or notes authorized herein to
reimburse the Borough for any expenditures toward the costs of the improvement or purpose
described in Section 3 hereof will be issued in an amount not to exceed $950,000. The costs to be
reimbursed with the proceeds of the bonds or notes authorized herein will be "capital
expenditures" in accordance with the meaning of Section 150 of the Code. This provision will
take effect immediately, but will be of no effect with regard to expenditures for costs paid outside
the permitted reimbursement period set forth in Treasury Regulation Section 1.150-2(d)(2).
SECTION 10. The Borough hereby covenants to maintain the exclusion from gross
income under Section 103(a) of the Code, of the interest on all bonds or notes issued by the
Borough pursuant to this bond ordinance.
SECTION 11. This bond ordinance shall take effect twenty (20) days after the first
publication thereof after final adoption, as provided by the Local Bond Law.
02-188
SE PTEMB ER 18, 2002
COMMITTEE REPORTS:
Lt. Murray and Lt. Oceak both have completed 25 years of service with the department.
Mr. & Mrs . Solomon of New York City Conunended Pt!. Colon for ills help after their
accident at The Exxon Station on 9W.
BOROUGH EN GINEER :
The contractor offered 85 trees about and beyond the 14 shade trees. Mr. Hipolit stated that
it was a nice gesture but 85 trees could not be placed on the property.
02-189
SEPTEMBER 18, 2002
PUBLlC PORTION: On a motion by Manolio, seconded by Drimones, the meeting was opened to
the public . Canied.
Toby Madison, 264 Castle Drive, asked what the town is doing to protect her from the on going
wa ter problem with the storm drains at her house.
Borough Engin eer Andrew Hip olit explained that there is a T formation in the pipes on Jenkin s and
that the Madisons would like a more graduated turn.
Counc ilwoman Norton suggested that in the interim the auto check valve be repaired.
Le e Madison, 264 Castle Dri ve, stated that the water hits a wal l and shoots up 20-30 feet.
Mrs . Madison noted that 18 new houses were built in the area and now there will be five more.
Andew Hipolit explained that the new houses are required to hold their own wa ter and should not
affect the existing homes .
Dr. Vidal, 256 Castle drive, commented that the construction site at Middles ex and Summit needs to
be cleaned up. .
Tanil a Askaimazy, 180 Middlesex Avenue, stated that she lives next to the construc tion site at
Middlesex and Summi t. She is concerned with the swamp like'conditions with regard to mosquitoes.
She did note that the Board of Health sent the County mosquito control to the site. She is also
concerned with the portable toilette in front of her house and the hazardous gravel surroundin g her
driveway.
Mrs . Breen, VanNostrand Ave. stated she believes there is water in her basement due to construction
in her area. She also stated that there is a problem regarding the bicycle ride rs on Hudson Terrace.
Mr . Hipolit stated that he saw no evidence of ground wat er from the job site going into her basement.
The Mayor stated he has had four meetings with bicycle groups and the Palisades Interstate Parkway.
On a motion by Norton, secon ded by Drimones, the public portion of the meeting was closed.
Canied.
On a motion by Norton, seconded by Parisi, the meeting was adj ourned at 10:45 p.m.
02-190
BOROUGH OF ENGLEWOOD CLIFFS
BERGEN COUNTY, NEW JERSEY
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 by the "Open Public Meetings Act."
This notice is on file with the Muni cipal Clerk and posted on the bulletin board.
Minut es of this meeting will be made available to the public upon the completion of typin g and
proofreading by the Municip al Clerk.
On a motion by Manolio, seconded by Kasoff, resolution 02-91 was offered for adoption:
ROLLCALL:
AYES: Manolio , Drimones, Kasoff, Parisi, Norton
ABSENT : Plawker
02-191
OCTOBER 16, 2002
WHEREAS, N.J .S.A. 10:4-12 allows for a public body to go into closed session during a
public meeting, and
WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs has deemed it
necessary to go into closed session to discuss certain matters which are exempted from the public,
NOW , THEREFORE BE IT RESOLVED, that the Mayor and Council of the Borough of
Englewood Cliffs will go into closed session for the following reason as outlined in NJ.S.A. 10:4-
12:
Closed session commenced at 6:40 p.m. and open session was opened at 7:00 p.m.
Mr. Hathiramani made a presentation to the council about placing files, maps, plans on disc.
THE FOL LOWING REPORT S WERE P LACED ON THE REGULAR AGENDA FOR
AP PROVAL .
02-192
OCTOBER 16, 2002
Resolution 02-90, approving the reconunendations of the Tax Appeal Attorney was
placed on the regular agenda for approval.
2002-14 Authorization for ECVFD to participate in the East Bergen Mutual Aid
02-193
OCTOBER 16, 2002
APPOINTMENTS:
The appointment of 2 new Juni or Fire Fighters was placed on the regular
agenda for approval.
PROCLAMATION:
A proclam ation for "Family Week" was placed on the regular agenda.
ADJOURN:
ArrEST: APPROVED :
02-194
BOROUGH OF ENGLEWOOD CLIFFS
BERGEN COUNTY, NEW JERSEY
ALSO PRESENT:
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
BY THE "OPEN PUBLIC MEETING S 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 AND PROOFREADING BY THE MUNICIPAL CLERK.
02-195
OCTOBER 16, 2002
CLAIMS:
On a motion by Manolio, seconded by Parisi, the Claims for the month of October, 2002 were
ordered paid.
02-196
OCTOBER 16, 2002
RESOLUTIONS:
On a motion by Manolio, seconded by Norton, Resolution 02-90 was offered for adoptiou:
ROLLCALL:
AYES: Manoli o, Drimones, Kasoff, Parisi, Norton
ABS ENT : Plawker
RESOLUTION 02-90
WHEREAS, Moschos Scoullis is the owner of 525, Floyd Street, designated as Blo ck
6 16, Lot 14 .01; and
WHEREAS, a tax appe al is presentl y pending with regard to a challenge of the 2002
ass essment; and
WHEREAS, discovery has been completed and preliminary appra isal submitted; and
NOW, THEREFORE, BE IT
RESOLVED by the Mayo r and Council of the Borough of Englewood Cli ffs that the tax
attorney be and is hereby authorized and dire cted to execute any and all documents necessary in
order to effectuate settlement of the presently pending litigation ent itled M oschos Sco ullis v.
Englewoo d C liffs, such that the 2002 assessment reduced from $1,135,800 to $1 million; and be
it furth er
RESOLVED, that the afores aid settlements are pred icated upon a full waiver of any and
all pre-judgment interest by the taxpayer.
On a motion by Drimones, seconded by Norton, Res olution 02-93 was offered for adoption:
ROLLCALL:
AYES : Manolio, Drimones, Kasoff, Parisi, Norton
ABSENT: Plawker
02-197
O CTOBER 16, 2002
WHEREAS, a two year maintenance bond in the amount of$18,743.29, has been placed
on file in the office of the Municipal Clerk;
On a motion by Norton, seconded by Drimones, Resolution ~2-94 was offered for adoption:
ROLL CALL:
AYE S: Manolio, Drimones, Kasoff, Parisi, Norton ·
ABSENT: Plawker
WHEREAS, a two year maintenance bond in the amount of$20,335.76, has been placed
on file in the office of the Municipal Clerk;
NOW, THEREF ORE, BE IT RESOLVED, that the Mayor and Council of the
Borough of Englewood Cliffs, does hereby approve the final payment of$13,687.44
to M . Ingannam orte & Son for work completed on the Sewer Rehabilitation at Hudso n Terrace.
On a motion by Manolio, seconded by Parisi, Resolution 02-95 was offered for adoption:
ROLLCALL:
AYES : Manolio, Drimones, Kasoff, Parisi, Norton
ABSTh'T: Plawker
02-198
OCTOBER 16, 2002
WHEREAS, it is necessary for the Borough of Englewo od Cliffs to engage the services of one or
more Alternate Borough Prosecutors for the year 2002 to provide Legal services which are nece ssary
for the operation of the Municipal Court of said Borough when the Borough Prosecutor is
unavailable; and
The Alterna te Borough Prosecutors for the year 2002 are hereby designated as
JOHN LANGAN
STEVEN BENVENISTI
Councilman Manolio moved the ordinance be given its first reading. So ordered.
The municip al clerk read the said ordinance by title. Councilman Mano lio moved the ordinance
be adopted on first reading and published in the Press Journal on October 24, 2002 .
The public hearing to be held on November 13, 2002. Motion was seconded by Councilwoman
Drimones.
The ordinance was approved at the first reading upon the call of the roll.
ROLLCALL:
AYES: Mano lio, Drim ones, Kasoff, Parisi, No rton
ABSENT: Plawker
APPOINTMENT S:
With the advice and consent of Council, Mayor Parisi appoin ted Samuel R. Mann and
Joakim E. Sandor as Junio r Fire Fighters.
ROLLCALL:
AYES: Manolio , Drimones, Kasoff, Parisi, Norton
ABSENT : Plawker
02-199
OCTOBER 16, 2002
PROCLAMATIO N:
MAYORAL PROCLAMATION
WHEREAS, the Boro ugh of Englewood Cliffs recognizes strong fami lies are at the center of
stro ng conununities; and
WHEREAS, everyone has a role to play in making families successful, including neighborhood
organizations, businesses, nonprofit agencies, policymakers, and, of course, families themse lves;
and
WHEREAS, during Thanksgiving week we al should take time to honor the importance of
families, and recognize the specia l connec tions that support and strengthen families year-round;
and
WHEREAS, we all should recommit to enhancing and extending all families' connections; and
WHEREAS, with the assistance and resources of agencies and organizations such as the Alliance
for Children and Families and its local member agency, Children' s Aid and Family Services, we
can help families of all shapes and sizes crea te a better future for all of Eng lewood Cliffs;
COMMITTEE REPORTS:
October 6 started Fire Prevention Week. There was an open house at the
Fire House.
Councilwoman Norton thanked the Police and DPW for allowing the garbage
to be picked up while Roberts Road and Summit Street were being re-paved.
02-200
OCTOBER 16, 2002
The Recreation Department has received the 53,000 donation from the Chamber
of Commerce.
Patrolman Brian Murphy celebrated his eighth year on the force on October 3.
Parkway Toyota has agreed not to test drive their vehicles on residential streets.
Their delivery trucks have also agreed not to drop off new vehicles on Van Nostrand
Avenue.
Unilever was given approval to build an 1800 sq. ft. loading dock.
The Borough has since vacated that portion of the street. Because of this
no variance was really needed.
A major subdivision at Sara Hill Lane was discussed at the October meeting.
The soccer program and the fall baseball program are in full swing.
The department is getting geared up for the basketball program.
There was no Board of Adjustment meeting on the 141h because it was Columber Day.
The next meeting will be on October 21'I.
The Court decided that the borough should receive 5211,000 as settlement for
the default by JAMAC for the Witte Field project.
The Sanitary Sewer Project Stages 4A and 4B have been completed under budget.
Stages 5 and 6 will begin this winter.
Roberts Road and Summit Street have been re-paved. Irving Avenue has started.
02-201
OCTOBER 16, 2002
CHIEF OF POLICE:
The Chief asked resid ents to start turning on their lights earlier since it no is getting
darker earlier.
PUBLIC PORTION: On a motion by Drimones, seconded by Manolio, the meeting was opened to
the public. Canied.
Dr. Sank asked about the moratorium. Mr. Corriston explained it again .
Mrs. Madison asked about the check valve . Mr. Bialko 'will check it out.
On a motion by Manolio, seconded by Kasoff, the public portion of the meeting was closed. Canied.
On a motion by Manolio, seconded by Kasoff, the meeting was adjourned at 8:45, p.m.
02-202
BOROUGH OF ENGLEWOOD CLIFFS
BERGEN COUNTY, NEW JERSEY
Adequate notice of this meeting was given to the press and posted as required. Date and time of this
meeting was legally given as requ ired 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 avail able to the public upon the completion of typing and
proofreading by the Municipal Clerk.
Mr. Wielkotz reviewed the refinancing of the "early retirement incentive unfunded pension
obligation" with the Mayor and Council. He explained that by refinancing, the Borough could save
hundreds of thousands of dollars. Th e Council agreed to the proposal and Mr. W ielkotz will start the
process.
MINUTES OF THE : Caucus Meeting of October 16, 2002 and Regular Meeting of October 16,
2002 were placed on the Regular Agenda for approval.
02-203
NOVEMBER 13, 2002
The Council approved paym ent and placed resolution 02-96 on the regular agenda for
approval.
The Mayor and Coun cil still bad questions about the prop osal and recommended that he
speak with the Muni cipal Attorney about these questions. Resolution 02-91 was removed
from the regular agenda.
The Mayo r and Council authorized the Municipal Clerk to write to Mr. Ducbac and inform
him that all new streets are named for persons who are deceased.
The Municipal Attorney was authorized to write to our Asse mbly and Senate representatives
to express the Borough' s dissatisfaction with these two bills.
The Mayor and Coun cil authorized the preparation of specifications for a new fire
truck. A bond ordinanc e will be introduced in January to finance the cost of the
purchase.
Ordinance 2002-16 was placed on the regular meeting agenda for introduction .
02-204
NOVEMBER 13, 2002
The May or and Council approved the application for a grant for Shade Trees.
On a motion by Kasoff, seconded by Manolio, the meeting was recessed until after the regular
meeting. Carried.
On a motion by Plawker, seconded by Manolio, resolution 02-99 was offered for adoption.
Roll Call:
Ayes : Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
02-205
NOVEMBER 13, 2002
RESOLUTION 02-99
WHEREAS, N.J .S.A. 10:4-12 allows for a public body to go into closed session during a
public meeting, and
WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs has deemed it
necessary to go into closed session to discuss certain matters which are exempted from the public,
NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Borough of
Englewood Cliffs will go into closed session for tbe following reason as outlined in N.J.S.A. 10:4-
12:
Recreation Consultant
The closed session ended at 9:23 p.m., and the council went back into open session.
On a motion by Drimones, seconded by Manolio, the Meeting was adjourned at 9:25 p.m.
ATTEST: APPROVED:
02-206
BOROUGH OF ENGLEWOOD CLIFFS
BERGEN COUNTY, NEW JERSEY
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
BY THE "OPEN PUBLIC MEETINGS ACT."
THIS NOTICE IS ON FILE WITH THE MUNICIPAL CLERK AND POSTED ON THE
BULL ETIN BOARD.
MINUTES OF THIS MEETING WILL BE MADE AVAILABLE TO THE PUBLIC UPON THE
COMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.
02-207
NOVEMBER 13, 2002
CLAIMS:
On a motion by Plawker, seconded by Manolio, the Claims for the month of November, 2002 were
ordered paid.
02-208
NOVEMBER 13, 2002
RESOLUTIONS:
On a motion by Manolio, seconded by Plawker, Resolution 02-96 was offered for adoption:
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 02-96
On a motion by Manolio, seconded by Parisi, Resolution 02-97 was offered for adoption:
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 02-97
WHEREAS, the Borough entered into an Agreement with CNBC on or about May I I ,
2000, with regard to the real property tax assessment to be imposed on the new construction; and
WHEREAS, it is the wish of the Mayor and Council of the Borough of Englewood Cliffs
to amend such Agreement with respect to prepayment of certain sewer improvement fees
expected to be incurred;
NOW, THEREFORE, be it resolved that the Mayor be and he is hereby authorized and
directed to execute an Amendatory Agreement, amending the prior Agreement between the
Borough and CNBC, so that CNBC shall prepay the sum of $175,000 as against future sewer
improvement fees; and be it further
RESOLVED that all other provision of the Agreement of May 11, 2000 are hereby
ratified and confirmed, except where inconsistent with the terms of the Amendatory Agreement.
02-209
NOVEMBER 13, 2002
On a motion by Manolio, seconded by Drimones, Resolution 02-98 was offered for adoption:
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RE SOLUTION 02-98
TITLE: BLOODBORNEPATHOGENSCOMPLMNCEPROGRAM
WHEREAS, there exists a need for the Borough of Englewood Cliffs to provide state
mandated health services of a technical and professional nature for the Bloodborne Pathogens
Compliance Program; and
WHEREAS, the Bergen County Department of Health Services can assure compliance
in accordance with P.E.O.S.H.A. as follows: Exposure Control Plan Development; Policies and
Procedures, Training Programs; and RecordlReport Generation' and Retention and billing support
documentation; and
WHEREAS, the Bergen County Department of Health Services has agreed to provide
public health services through a contract agreement with the Borough of Englewood Cliffs,
Department of Health for the calendar year 2003; and
WHEREAS, the fee is to be in an amonnt not to exceed $1825.00 for training and
purchase of the vaccine under State Contract based on $38.00 per vaccination and funds will be
available for this purpose; and
WHEREAS, it has been certified that this meets the statutes and regulations concerning
the award of said contract;
I . That Joseph Favaro, Municipal Clerk is hereby authorized and directed to execute an
agreement with the Bergen County Department of Health Services to perform public health
services of a professional nature for the Bloodborne Pathogens Program for the period January I,
2003 through December 31, 2003 at a cost in an amount not to exceed $1825.00 for training and
purchase of the vaccine under State Contract based on $38.00 per vaccination; and
02-210
NOVEMBER 13, 2002
ORDINANCE 2002-16
Councilman Parisi moved the ordinance be given its first reading. So ordered.
The municipal clerk read the said ordinance by title. Councilman Parisi moved the ordinance
be adopted on first reading and published in the Press Journal on November 21, 2002.
The public hearing to be held on December 18, 2002. Motion was seconded by Councilman
Manolio.
The ordinance was approved at the first reading upon the call of the roll.
The clerk presented affidavit of publication, showing that advertisement had been made according to
law, which was ordered filed. Councilwoman Drimones moved a public hearing be held on the
ordinance. So ordered. Councilwoman Drimones 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 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.
Councilwoman Drimones moved the ordinance be adopted on second reading and final passage,
which motion was seconded by Councilman Manolio and adopted upon a call of the roll.
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
02-211
NOVEMBER 13, 2002
ORDINANCE 2002-14
BE IT ORDAINED by the Mayor and Council of the Boro ugh of Englewood Cliffs, in
tbe County of Bergen, in the State of New Jersey as follows:
Section 1.
Cliffside Park
Edgewater
Englewo od
Englewood Cliffs
Fairvi ew
Fort Lee
Leoni a
Palisades Park
Ridgefield
Ten afly
Section 2.
This Ordinance sball take effect immediately upon [mal passage approval and
publication as required by law.
COMMlTTEE REPORT S:
Councilman Kasoff reported that the Fire Department responded to a fire on Center
Street.
The Fire Department held a seminar at Unilever. There were demonstrations and a lecture
on fire prevention.
02-212
NOVEMBER 13, 2002
Councilman Parisi announ ced that the Chamber of Commerce was meeting on November 14
at the Assembly Restaurant. The guest speaker is Bob Lape, Restaurant Critic.
The Police Department received letters of thanks from the Shade Tree Commission
for the sign board display; the Kim family and the Cardullo family.
Councibnan Parisi thanked the Shade Tree Commission forthe tree planting at
Witte Field.
Councilwoman Drimones announced that the Soccer season has been extended by
two weeks.
Councibnan Mano lio reported that the Board of Adjustment approved a variance for 489
East Palisades Avenue.
No report
The 2002 road improvement project is abn ost completed. lrving Avenue has to be paved.
He is waiting for an estimate for the piping on Castle and Jenkins.
Mr. Bialko reported that the new front end loader has been delivered.
Mr. Bialko reported that there is a new program whereby decals are placed on the
DPW vehicles that will indicated that childre n can go to the drivers for assistance
should they have a prob lem.
PUBLIC PORTION: On a motion by Manolio, seconded by Drimones, the meeting was opened to
the public. Carried.
02-213
NOVEMBER 13, 2002
Ms. Breen and Ms. Goldscheider asked that gravel be placed on the road until it is paved because it is
very muddy. Mr. Hipolit said he would take care of it. They also informed the council that their
recycling was not picked up because the road was blocked. Mr. Bialko said he would go on
Thursday to pick it up.
On a motion by Norton, seconded by Parisi, the public portion of the meeting was closed. Carried.
On a motion by Norton, seconded by Manolio, the meeting was adj ourned at 8:40, p.m.
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02-214
BOROUGH OF ENGLEWOOD CLIFFS
BERGEN COUNTY, NEW JERSEY
ALSO PRESENT :
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 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 and
proofreadin g by the Municipal Clerk.
MINUTES OF THE: Caucus Meeting of Novemb er 13, 2002 and Regular Meeting of November
13, 2002 were placed on the Regu lar Agenda for approval .
02-215
DECEMBER 18, 2002
Resolution 02-102 approving payment was placed on the regular agenda for approval.
Mr. & Mrs. McDerm ott Sign honoring Olympic Silver Medalist
The Muni cipal Attorne y was authorized to communicate with the DOT to ascertain
if the Municipality could place such a sign on U S Route 9W.
THE FOLLOWIN G ORDINANCE WAS PL ACED ON THE REG ULAR AGENDA FOR
SECOND READING! PUBLIC HEARING. '
Councilwoman Norton asked if anything could be done about the ice being formed by
homes on Lynn Drive and Samford Drive. The water forming the ice is coming from
Sump pumps on Samford Drive.
Councilman Plawker requested that Mr. Spatz be invited to the February caucus to discuss
the obtaining of grants with the Mayor and Council.
Mr. Corriston stated that he would discuss the interrogatories in closed session.
02-216
DE CEMBER 18, 2002
APPOINTMENTS:
The following appointments were placed on the regular agenda for approval:
On a motion by Manolio, seconded by Parisi, resolution 02-106 was offered for adoption:
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 02~106
WHEREAS, N.J.S.A. 10:4-12 allows for a p ublic body to go into closed session
durin g a public meeting, and
WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs has
deemed it necessary to go into closed session to discuss certain matters which are exempted
from the public,
ORDINANCE 2002-12
ORDINANCE 2002-16
SUITE INV OLVING Mr. MARCUS & THE PLANNING BOARD
ADJOURN:
02-217
BOROUGH OF ENGLEWOOD CLIFFS
BERGEN COUNTY, NEW JERSEY
ALSO PRESENT :
ADEQUATE NOTI CE OF THIS MEETING WAS GWEN TO THE PRESS AND POSTED AS
REQUJRED. DATE AND TIME OF THIS MEETING WAS LEGALLY GIVEN AS REQUJRED
BY TIIE "OPEN PUBLIC MEETINGS ACT."
THIS NOTICE IS ON FILE WITH TIIE MUNICIPAL CLERK AND POSTED ON TIIE
BULLETIN BOARD .
MINUTES OF THIS MEETING WILL BE MADE AVAILABLE TO TIIE PUBLIC UPON THE
COMPLETION OF TYPING AND PROOFREADING BY TIIE MUNICIPAL CLERK.
02-218
DECEMBER 18, 2002
Mr. Corriston was authorized to contact the D.O.T. to ascertain if it permissible to place
a sign as requested, on US Route 9W . Carried.
CLAIMS:
On a motion by Plawker, seconded by Manolio , the Claims for the month of December, 2002 were
ordered paid.
02-219
DECEMBER 19, 2002
RESOLUTIONS:
On a motion by Manolio, scconded by Drimoncs, Rc solution 02-100 was offered for adoption:
ROL L CALL:
AYE S: Plawker, Murphy, Drimones, Kasoff, Parisi, Norto n
RESOLUTION 2002-100
WHERE AS, the NORWOOD PTA has applied for an On-Premise raffle license; and
WHEREAS, the NORWOOD PTA has complied with all requirements as outlined in NJ.A. C.
13; and
WHEREAS, the Findings and Determination has been certified by the Chief of Police;
NOW, THEREFORE, BE IT
RESOLVED, that the Mayor and Council of the Borough of Englewood Cliffs does hereby
approve the issuance of an ON PREMIS E SO/50 raffle license to the NORWOOD PTA.
On a motion by Drimoncs, seconded by Manolio, Rcsolution 02-101 was offered for adoption:
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kaso ff, Parisi, Norton
RESOLUTION 02-101
WHEREAS, the Borough of Eng lewood Cliffs is desirous of getting approval from the
New Jersey Department of Transportation for the erection and maintenance of the bus shelters to
be made by Culver Amherst, located at 1901 E . Linden Avenue, #9, Linden, New Jersey 07036 ;
and
02-220
DECEMBER 18, 2002
NOW, THEREFORE, BE IT RESOL VED, that the following bus shelters are hereby
approved by the borough of Englewood Cliffs to be situated as described as follows;
I. On the east side of Route 9W (Sylvan Avenue), Milepost 2.06, 49 ' south of
Clendinen Place;
2. On the west side of 9W (Sylvan Avenue), Milepost 1.16; 56' north of Bayview
Avenue;
3. On the west side of Route 9W (Sylvan Avenue), Milepost 3.6 1, 1,100' south of
Sage Road;
4. On the west side of Route 9W (Sylvan Avenue, Milepost 2.06, 175' south of
John Street;
5. On the west side of Route 9W (Sylvan Avenue), Milepost 1.66, 29' north of
Charlotte Place;
6. On the west side of Route 9W (Sylvan Avenue), Milepost 2.45, 51' south of
Demarest Avenue;
7. On the west side of9W (Sylvan Avenue), Milepost 3.61,90 ' south of Sage Road.
I hereby certify that the within Resolution was passed by the Mayor and Council of the
Borough of Englewood Cliffs on this 18"' day of December, 2002.
On a motion by ManoIio, seconded by Norton, Resolution 02-102 was offered for adoption:
ROLLCALL:
AYES: Plawker, Manolio, Kasoff, Parisi, Norton
ABSTAIN: Drimones
RESOLUTION 02-102
Smith-Sondy Asphalt for work completed on the 2002 Road hnprovement Project.
02-221
DECEMBER 18, 2002
On a motion by Parisi, seconded by Manolio , Resolution 02-103 was offered for adoption:
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 02-103
WHEREAS, in accordance with one or more of P.L. 1991, c.229, c. 230, P.L. 1993, c.
138, P.L. 1993, c. 181, P.L. 1993, c. 99, and P.L. 1999, c. 59, the Borough of Englewood Cliffs
(the "Local Unit"), in the County of Bergen (the "County','), New Jersey adopted an early
retirement incentive program (collectively, the "ERI Programs") for eligible employees covered
by, as applicable, the Pnblic Employee Retirement System, Police and Firemen Retirement
System or other applicable retirement system (collectively, the "Pension System") and as a result
created an unfunded liability within the applicable Pension System that would otherwise have
been retired by annual payments made by the Local Unit to the applicable Pension System
through the year 2033 (the "Gross Unfunded ERI Liability"); ..
WHEREAS , P.L. 2002, c. 42, enacted into law by the State of New Jersey (the " State")
on July 12, 2002 (the ERI Refunding Law"), permits local government units, including the Local
Unit, that participated in the ERI Programs to sell refunding bonds in accordance with the Local
Bond Law, constituting Chapter 169 of the Pamphlet Laws of 1960 of the State, as amended and
supplemented (the "Local Bond Law"), sto retire the present value of the Gross Unfunded ERI
Liability;
WHEREAS, the present value of the Local Unit's Gross Unfunded ERI Liability (the
"Unfunded ERI Liability") has been established by the State's Division of Pensions and Benefits;
WHEREAS, the Local Unit is issuing its general obligation local unit refunding bond
(the "Local Unit Refunding Bond") to raise sufficient funds for the Local Unit to retire the Local
Unit's Gross Unfunded ERI Liability through a one time, up front payment in the amount of the
Unfunded ERI Liability;
Section I . The Local Unit believing that said proposed ordinance authorizes obligations
for a purpose for which obligations are permitted by the Local Bond Law and that the Local
Unit's application to the Local Finance Board for its consent shows:
02-222
DECEMBER 18,2002
(b) said purpose or improveme nts are for the health, welfare, convenience or betterment
of the inhabitants of the Local Unit,
(c) the amounts to be expended for each such purpose or improvements are not
unreasonable or exorbitant,
(d) the proposal is an efficient and feasible means of providing services for the needs of
the inhabitants of the Local Unit and will not create an undue financial burden to be placed upon
the Local Unit.
The application to the Local Finance Board is hereby approved by the Local Unit, and the
representatives of the Local Unit are hereby authorized to prepareand deliver such application.
Section 2. The Clerk of the Local Unit be and is hereby directed to prepare and file a
certified copy of said proposed ordinance after passage on first reading with the Local Finance
Board as part of such application.
Section 3. The Local Finance Board is hereby respectfully requested to consider such
application and to record by resolution its approvals as provided in said subsection of the Local
Bond Law and to endorse its consent upon certified copy of said ordinance as passed on first
reading.
On a motion by Manolio, seconded by Drimones, Resolution 02-104 was offered for adoption:
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
BE IT RESOLVED by the Mayor and Council of the Borough of Englewood Cliffs that the following
transfers between the 2002 Budget appropriations be made:
02-223
DECEMBER 18, 2002
TOTAL: $18,643.00
Mayor Parisi and Councilman Parisi recused themselves from this hearing hecause of a
possible conflict of interest.
ORDINANCE 2002-16
The clerk presented affidavit of publication, showing that advertisemenl had been made according to
law, which was ordered filed. Councilman Manolio moved a public hearing be held on the
ordinance. So ordered. Councilman 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 parties would now be given opportunity to be heard for or against the adoption of
the ordinance.
02-224
DECEMBER 18, 2002
After all interested parties had spoken on the ordinance, Councilman Manolio moved the hearing he
closed. So ordered.
Councilman Manolio moved the ordinance he adopted on second reading and final passage, which
motion was seconded by Councilman Kasoff, and adopted upon a call of the roll.
ROLLCALL:
AYES : Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
WHEREAS, a question of interpretat ion has arisen pursuant to Subparagraph (b) of the
Section 30-7.10 of such Ordinance; and
WHEREAS, the Ordinance was intended to provide that where a residential lot locat ed
north of the centerline of Hollywood Avenue and south of the exten sion of the center line of
Samford Drive adjoins the B-2 Zone north of the center line of Hollywood Aven ue, then the
residential lot would be provi ded with a 120 foot buffer and a 100 foot buffe r for property located
north of the center line of Samford Drive to the Tenafly boundary, and a 50 fool buffer for any
residential property lying south of the center line of Hollywood Ave nue and North of the center
line of Van Nostrand Avenue; and
WHEREAS, such buffer was to be maintained on the B-2 Zone lot; and
WHEREAS, a question has arise n in a litigation where it was alleged that a property
owner, whose property was south of the center of Ho llywoo d Avenue, is entitled to a 120 foot
buffer in the B-2 Zone located north of the center line of Hollyw ood Avenue; and
WHEREAS, the Borough Attorne y has advised the governing bod y that this issue must
be clarified;
02-225
DECEMBER 18, 2002
"Where a residential zone adj oins a B-2 zone and tbe residenti al property is south of the
center line of Hollywood Avenue, and north oftbe center line of Van Nostrand Avenue, a buffer
area of 50 feet sball be maintained on tbe B-2 zone lot, unless such B-2 lot has heretofore been
developed and no buffer was pro vided for prior to tbe development of the B-2 lot; wbere a
residential zone adjoins a B-2 zone and tbe residential property is nortb of tbe center line of
Hollywood Avenue and soutb of tbe center line of Samford Drive, a buffer area of 120 feet sball
be maintained on the B-2 zone lot unless sucb B-2 zone lot bas beretofore been developed and no
buffer was provided for prior to the development of the B-2 lot; wbere a residential zone adjoins
a B-2 zone and the residential property is north of the center line of Samford Drive and south of
the Tenafly boundary a buffer area of 100 feet sball be maintained on tbe B-2 zone lot unless sucb
property bas heretofore been developed and no buffer was provided for prior to the development
of the B-2 lot."
2. Any provisio ns of Ordinance 30-7.1O(b) tbat is inconsistent with the terms and
provisions of this Ordinance are hereby repealed and deemed of no further force and effect.
BE IT FURTHER ORDAINED that all ordinances or parts of ordinances otber than the
zoning ordinance of the borough whicb are inconsistent with tbe provisions of this chapter are
hereby repealed to the extent of sucb inconsistency; and
BE IT F URTHER ORD AINED should any part or provision of this Ordinance be held
unconstitutional or invalid, such decision shall not affect the validity of this Ordinance as a whole
or any part thereof, other tbat the part beld so unconstitutional or invalid.
This ordinance shall take effect upon final adoption and publication according to law.
COMMITTEE REPORTS:
Councibnan Kasoff reported that the Volunteer Fire responded to fires on December
IS and 16.
No Report
02-226
DECEMBER 18,2002
Councilman Parisi reported that Pt l, Wicker and Ptl. Henkelman bave comp leted
two years of service.
The Police Dept. bas received a donation of 4 electronic blood pressure gauges.
Lt. Murray, Lt. Cioffi, and Ptl. Mum were commended for the recovery of antique silver
that bad been stolen.
Ptl. Tracy and Pt!. Boccber will be completing training at the Police Academy.
Tbe Cham ber of Commerce beld their annual Christmas party at the Assem bly Rest.
The Planning Board adopted memorialized 2 resolutions. Maricbal and V&R Developers.
The State Board of Education did not lift the injunction. Tbey will reconsider in
January wben they receive additional information for analysis.
TIle following programs bave begun: Indoor Soccer, Basketball, & Ba seball Clinic.
They bave a cell tower on the agenda for the next meeting.
Councilman Manolio commended the DPW for the excellent job they did removing the
snow.
The road impro vement program is on hold until the spring because of the cold weather.
They bave to finisb repairing some of the sanitary sewers and pave Irving Avenue.
Mr. Hipolit is going to go out for bids on Stages 5 & 6 of the sanitary sewer rehabilitation.
02-227
DECEMBER 18, 2002
NEW BUSINESS:
With the advice and consent of Council, Mayor Parisi appointed Ryan Gallagher as a member of the
Englewood Cliffs Volunteer Fire Department.
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
With the advice and consent of Council, Mayor Parisi appointed Erc Inspection Agency as the Third
Party Elevator Inspectors for 2003 and 2004.
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 02-105
WHEREAS, it is necessary for the Borough of Englewood Cliffs to engage the services of an
Elevator Inspector for the year 2003 to provide Elevator Inspection services which are necessary for
the operation of said Borough; and
WHEREAS, funds will be available by way of elevator inspection fees to compensate said
Inspector; and
WHEREAS, the Local Public Contracts Law (NJ.R.S. 40A:11 et seq) and NJ.A.C. 5:23-4.5A
requires that the resolution authorizing the award of contracts for "professional services" without
competitive bids must be publicly advertised;
That the Borough Elevator Inspector for a period of two (2) years, 2003 and 2004, is hereby
designated as ErC Inspection Agency Corp, 3705 Kennedy Blvd., Jersey City, N.J. 07307. The
inspector is Joseph Castellon, license #002783-ESIEUSCfHHS. The compensation for said position
shall be 60% of the DCA fees collected as per the bid submitted;
This contract is awarded without public bidding as professional services under the Local Contracts
Law by virtue of NJ .R.S. 40A:I I-7 and NJ.A.C. 5:23-4.5A which specifically exempts such
contracts from the requirements of public bidding. The Borough Clerk is hereby authorized and
directed to publish a copy of this resolution in the newspaper within ten (10) days from the date
hereof.
02-228
DECEMBER 18, 2002
Councilwoman Drirnones asked the Police Chief research the parking on the side streets,
between Palisade Avenue and Middlesex Avenue .
Mayor Parisi recomm ended that Council woman Drirnones form an Ad Hoc Committee to study the
situation.
PUBLIC PORTION : On a motion by Plawker, seconded by Kasoff, the meetin g was opened to the
public. Carried.
On a motion by Kasoff, seconded by Drirnone s, the public portion of the meeting was closed.
Carried. .
On a motion by Manolio, seconded by Norton, the meeting was adj ourned at 9:05, p.m.
ATTEST: APPROVED: