Professional Documents
Culture Documents
2003 Complete Mayor & Council Minutes of The Borough of Englewood Cliffs
2003 Complete Mayor & Council Minutes of The Borough of Englewood Cliffs
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 asked if any member of the Council had any remarks to make before
adjourning the Sine Die Meeting.
On a motion by Manolio , seconded by Drirnones, the meeting was adjourned "Sine Die".
carried.
ATTEST: APPROVED:
JANUARY 7, 2003
The Oath of Office was administered to Councilwoman Patricia Drimones and Councilwoman Lynn
Norton by the Honorable Muni cipal Jud ge, Bonni e M izdol.
ALSO PRESENT:
Borough Attorney
Municipal Audit or
. ,
E. Carter Corriston,
Steven W ielkotz
Esq.
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."
Thi s notice is on file with the municipal clerk and posted on the bulletin board.
Minutes of this meeting will be mad e available to the public upon completion of typing and
proofreading by the Muni cipal Clerk.
2003 RE-ORGANIZATION
SO ONCE AGAIN WELCOME AND THANK YOU FOR TAKING THE TIME
TO JOIN US. THANKS FOR ALL THE HELP YOU HAVE GIVEN US THROUGH THE
YEARS.
THE ONLY ITEM THAT CAUSED SOME CONCERN TIDS PAST YEAR WAS
THE SMALL INCREASE IN OUR PROPERTY TAXES., '
WE STILL HAVE THE SECOND LOWEST TAX RATE IN THE COUNTY AND
COMPARED TO OTHER TOWNS AROUND US, WE ARE STILL BLESSED WITH
LOW PROPERTY TAXES.
On a motion by Plawker, seconded by Manolio, the resolution 03-12 was offered for adoption:
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff Parisi, Norton
RESOLUTION 03-12
WHEREAS, the Borough of Englewood Cliffs Mayor and Council has established their
Regular meeting dates for the year 2003. The regular meetings will be held on the third Wednesdav
of each month, at 8:00 p.m. in the Municipal Building, 10 K3hn Terrace, Englewood Cliffs, New
Jersey. Caucus meetings will be held at 6:30 p.m. on the same night as the regular meeting. Action
may be taken at either meeting.
REGULAR MEETING
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
MAYOR PARISI STATED: WITH THE ADVICE AND CONS ENT OF THE CO UNCIL, I
MAKE THE FOLLOWING APPOINTMENTS:
RESOLUTION 03-01
WHEREAS, it is necessary for the Borough of Englewood Cliffs to engage the services of a
Borough Attorney for the year 2003 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
ordinances to compensate said Attorney, 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;
NOW THEREFORE, BE IT RE SOLVED by the Mayor and Council of the Borough of
Englewood Cliffs as follows:
The Borough Attorney for the year 2003 is hereby designated as E. Carter Corriston, Esq.
TIle 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 professiooal services under the Local Contracts
Law by virtue of N J .SA 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 !his resolution in the newspaper within teo (10) days from the date hereof.
RESOLUTION 03-02
WHEREAS, it is necessary for the Borough of Englewood Cliffs to engage the services of a
Borough Auditor for the year 2003 to provide Auditing services which are necessary for the
operation of said Borough; and
WHEREAS, funds wil l be available by way of budget appropriations and passage of bond
ordinance s to compensate said Auditor, and
WHEREAS, the Local Public Contracts Law (N.J.S.AAOA: I I et seq) requires that the
resolution authorizing the award of contracts for "professional services" without competitive bids
must be publicly advertised;
This contract is awarded without public bidding as professional service s under the Local Contracts
Law by virtue ofN.J.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 newspa per within ten (10) days from the date hereof.
RESOLUTION 03-03
WHEREAS, it is necessary for the Borough of Englewood Cliffs to engage the services of
an Engineer for the year 2003 to provide Engineering 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
ordinances to compensate said Engineer, and
WHEREAS, the Local Public Contracts Law (NJ.S.AAOA: I I et seq) requires that the
resolution authorizing the award of contracts for "professional ser.vices" without competitive bids
must be publicly advertised;
The Borough Engineer for the year 2003 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 N.J.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 03-04
WHEREAS, it is necessary for the Borough of Englewood Cliffs to engage the services of a Bond
Counsel for the year 2003 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
ordinances to compensate said Bond Counsel; and
WHEREAS, the Local Public Contracts Law (NJ.S.A. 40A:l I et seq) requires that the resolution
authorizing the award of contracts for "professional services" without competitive bids must be
publicly advertised;
The compensation for said position shall be commensurate with the services rendered by said Bond
Counsel during the year;
This contract is awarded without public bidding as professional services under the Local Contracts
Law by virtue of N.l.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 with ten (10) days from the date hereof.
TAX APP EAL ATTORNEY - STEVEN MUHLSTOCK, ESQ . & FIRM OF GITTLEMAN,
MUHLSTOCK & CHEWCASKIE
RESOLUTION 03-14
WHEREAS, it is necessary for the Borough of Englewood Cliffs to engage the services of a
Tax Appeal Attorney for the year 2003 to provide Legal services which are necessary for the
operation of said Borough; and
WHEREAS, the Local Public Contracts Law (N.J.SA 40A:II et seq) requires that the
resolution authorizing the award of contracts for "professionalservices" without competitive bids
must be publicly advertised; ,
The Tax Appeal Attorney for the year 2003 is hereby designated as Steven Muhlstock, E sq. a nd
the firm of Gittlcman, Muhlstock & Chewcaskie. ,
The compensation 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 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 02-15
WHEREAS, the State of New Jersey has mandated that each Municipality have a Public
Agency Comp liance Officer; and
WHEREAS, the Borough of Englewood Cliffs is desirous of complying with the State
Mandate;
NOW, THEREFORE 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 2003.
RESOLUTION 03-13
WHEREAS, it is nece ssary for the Borough of Englewood Cliffs to engage the service s of a
Borough Prosecutor for the year 2003 to provid e Legal services which are necessary for the
operation of the Municipal Court of said Borough; and
WHEREAS, the Loca l Public Contracts Law (N J.SA 40A: I I et seq) requires that the
resolution authorizing the award of contracts for "professional services" witho ut competitive bids
must be publicly advertised;
The Borough Prosecutor for the year 2003 is hereb y 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.
CATHERINE CAFIERO
JOSEPHINE HENN
JOAN COLEGERO
ROSE MASTELLONE
CATHERINE CAFIERO
ROSE MASTELLONE
JOSEPHINE HENN
JOAN COLEGERO
CATHYPATRlCK
JOANN OBERTLlK
RESOLUTION 03-11 ..
,
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 judgmental nature of the risk management consultant's duties renders
comparative bidding impractical.
NOW THEREFORE, 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 FURTHER RESOLVED that the 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 NJ.S.AAOA:II-5 (I ) (a) (i).
BOROUGH DEPOSITORIES
RESOLUTION 03-10
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 accprding to signed checks, drafts, notes
and/or acceptances of the Borough of Englewood Cliffs pursuant to the attached list of accounts and
authorized signatures.
..
ON A MOTION BY PLAWKER, SECONDED BY DR}MONES, RESOLUTION 03-07
WAS OFFERED FOR ADOPTION:
RESOLUTION 03-07
WHEREAS, Section 40 A:4-l 9 of Revised Statutes of the local Budget Act provides that,
where any contracts, commitments or payments are to be made prior to the adoption of the
2003 budget, temporary appropriations be made for the purposes and amounts required in
the manner and time therein provided; and
WHEREAS, the date of this resolution is within the first thirty days of January, 2003,
and
GENERAL APPROPRIATIONS
GENERAL GOVERNMENT:
Administrative and Executive:
Salaries and Wages 20,000 .00
Miscellaneous Other Expenses 6,500.00
Salaries of Mayor and Council 4,500.00
Financial Administration:
Other Expenses 10,000.00
Assessment of Taxes:
Salaries and Wages 4,000.00
Othe r Expenses 500.00
Collection of Taxes:
Salaries and Wages 20,000.00
Other Expenses 1,500.00
Legal Services and Costs
Salaries & Wages 5,000.00
Other Expenses 10,000.00
Munici pal Court: Inside Cap
Salaries and Wages 2,000.00
Other Expen ses 100.00
Engineerin g Services and Costs:
Other Expenses 3,000.00
Public Buildings and Grounds:
Other Expenses 16,000.00
Planning Board:
Salaries and Wages 2,000 .00
Othe r Expenses 5,000 .00
PUBLIC SAFETY:
Fire:
Salaries and Wage s 15,000.00
Fire Hydrant Services 14,000.00
Other Expenses 12,000.00
Police:
Salaries and Wages 796,954 .00
Other Expenses 50,000 .00
SANITATION:
Garbage and Trash Removal 100,000.00
Sewer System:
Other Expenses 4,500.00
Bergen County Utilities Authority Service Charge 130,000.00
UTILITIES:
Gas, Electric and Wate r 15,000.00
Teleph one 10,000.00
Water 1,000.00
Street lighting 30,000.00
STATUTORY EXPENDITURES :
Consolidated Police and Firemen's Pens ion Fund 11,876.00
Police & Firemen ' s Retirement System ofNew Jersey 278,436.00
Social Security (OA SI) 20,000 .00
DEBT SERVICE
RESOLUTION 03-08
WHEREAS, in accordance with the provisions ofNJ .S.A. 54:4-67 as amended, the governing body
of each municipality may, by 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 ~j3.Xes become payable.
BE IT FURTHER RES OLVED, that any installment received after the expiration of the grace
period shall bear interest from the due date:
RESOLUTION 03-09
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, 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 Boroug h of Englewood Cliffs; ~d
,
WHEREA S, in order to effectuate such ptupose 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 03-16
WHEREAS, 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:
RESOLUTION 03-17
ORDINANCE 2003-01
Councilman Manolio moved the orclinance be given its first reading . So ordered.
The municipal clerk read the said ordinanc e by title . Councilman Manolio mo ved the ordinance
be adopted on first reading and publi shed in the Record on January 11, 2003 .
The publi c hearing to be held on January 22, 2003. M otion was ·seconded by Coun cilman Plawker.
,
The orclinance was approved at the first reading upon the call of the roll.
ORDINANCEINTRODUCTION
COUNCILMAN PLAWKER INTRODUCED AN ORDINANCE E NTITLED:
ORDINANCE 2003-03
Councilman Plawker moved the ordinanc e be given its first reading. So ordered .
The municipal clerk read the said ordinance by title. Councilman Plawker moved the ordinanc e
be adopted on first readin g and publi shed in the Record on January 11,2003.
The public hearin g to be held on Janu ary 22, 2003. Motion was seconded by Councilman Ka soff.
The ordinance was approved at the first reading upon the call of the roll.
Councilman Kasoff con gratulated Patricia Drimones and Lynn Norton on their r e-el ecti on .
Councilman P arisi st at ed that it is a pleasure to serve with Pat and L ynn. He is proud of all
departmen ts.
Councilwoman Norton wish ed everyone a H appy New Ye ar. Sh e thank ed all her family
and fri ends who helped get her r e-elected and is looking forward to a great 20031
Councilman M anolio congratulated Lynn and Pat on their re-election and thanked the
residents for t heir support. He wi shed everyone a H appy New Year.
Councilwoman Drimones thanked her family and the r esidents for their su pport and that
the r esidents saw thru the rhetoric during the campai gn .
Councilman Pl awker stated that he had the pleasure of working with both P at and Lynn
while they served on the Bo a rd of E duc ati on. T he y both go beyond t he call of duty and t hat
they d eserved being re-elected .
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 Mee tings Act."
This notice is on file with the Municipal Clerk and posted on the bulletin board.
Minu tes of this meeting will be made available to the public upon the completion of typing and
proofreading by the Municipal Clerk.
MINUTES OF THE: Caucus Meeting of December 18, 2002 and Regular Meeting of December
18, 2002 were placed on the Regular Agenda for approval.
The Municipal Attorney was authorized to notify the . residents involved with the water
problem, that Mr. Hipolit and Mr. Bialko will be available to assist them in alleviating the
situation. Placed on the regular agenda for approval.
Resolution 03-21 approving the removal, was placed on the regular agenda for approval.
Resolution 03-2 approving payment, was placed on the regular agenda for approval.
The Mayor and Council approved the new agreement and will wait for the proper documents
to be sent by the City of Englewood.
NEW BUSINESS: Hire architect for replacement of old Ambulance Corp building
The Mayor and Council approved the going out for bids for an architect for the replacement of the
old Ambulance Corp building and/or the installation of a second floor on the Muni cipal Building.
ADJOURN:
ATTEST: APPROVED:
J\DEQUATE NOTICE OF rms MEETING WAS GWEN TO THE PRESS J\ND POSTED AS
REQUIRED. DJ\T E J\ND TIME OF rats MEETING WAS LEGJ\LLY GIVEN J\S REQUIRED
BY THE "OPEN PUBLIC MEETING S J\CT ."
rars NOTICE IS ON FILE WI1H THE MUNICIPJ\L CLERK. J\ND POSTED ON THE
BULLETIN BOJ\RD.
MINUTES OF rats MEETING WILL BE MJ\D E AVJ\ILAALE TO THE PUBLIC UPON THE
COMPLETION OF TYPING J\ND PROOFREJ\DING BY THE MUNICIPJ\L CLERK..
On a motion by Plawker, seconded by Drimones, Mr. Corriston was authorized to notify the
residents involved that the Municipal Engineer and Sup!. of Public Works will tty to give them
advice towards the alleviation of their water problem. But they should realize that this is their
problem, not a Borough problem. Carried.
CLAIMS:
On a motion by Plawker, seconded by Norton, the Claims for the month of January, 2003 were
ordered paid.
RESOLUTIONS:
On a motion by Drimones, seconded by M anolio, Resolution 03-20 was offered for adoption:
ROLL CALL:
AYES: Plawker, Murphy, Drimones, Kasoff, Parisi, Norton
WHEREAS, there exists a need for the Borough of Englewood Cliffs Health Department
to provide state mandated anima l contro l services of a professional·nature; and
WHEREAS, the Bergen County Department of Health Services can provid e duly
qualified personnel to carry out these services; and
,
WHEREAS, the Bergen County Department of Health Services has agreed to provide
animal control services through a contract agreement with the Borough of Englewood Cliffs,
Department of Health for the Calendar year 2003; and
WHEREAS, the maximum amount of the contract is $6,653.00 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:
WHEREAS, the Animal Center will be responsible for those serv ices delineated in the
Column I " Mandated Services: Animal Regul atory Control Compliance" and Column II
" Additional Services"; and
..
O n a mo tion by Manolio, seconded by Drimones, Res olution, 03-21 was offere d for adoption:
ROLL CALL:
AYES : Plawker, Manolio, Drimon es, Kasoff, Parisi, Norton
Mr. & Mrs . DiGirolamo, residing at 6 Snyder Road are hereby given
permission to remove the sidewa lk that is located in front of their home in order
that their home will conform with their neighbors.
It is to be understood that Mr. & Mrs. DiGirol amo are solely responsible for the
removal of the sidewalk and the cost thereof. The Borough of Englewood Cliffs
is not responsible for any of the costs of this project.
On a motion by Manolio, seconded by Kasoff, Res olution 03-22 was offered for adoption:
ROLL CALL :
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 03-22
On a motion by Kasoff, seconded by Norton, r esolution 03-23 was offered for adoption.
Roll Call:
Ayes: Plawker, Manoli o, Drimones, Kasoff, Parisi, Norton
RESOLUTION #03-23
WHEREAS, the Borough of Englewood Cliffs desires to constitute the 2003 Temporary
Capital Budget of said municipality by inserting therein the following project.
Section I. The 2003 Temporary Capital Budget of the Borough of Englewood Cliffs is
hereby constituted by the adopti on of the schedule to read as follows:
Method of Financing
Self
Estimated Cap ital Improvement Debt Liquidating
Project: Total Cost Fund Authorized Bonds
Acquisition of
Fire Apparatus 565,000 28,250 536,750
Section 2. The Clerk be and is authorized and directed to file a certified copy of this
resolution with the Division of Local Government Services Department of Community Affairs , State
of New Jersey, within tbree days after the adoption of this project for 200 3 Temporary Capital
Budget, to be included in the 2003 Permanent Capital Budget as adopted.
Mr. Kasoff moved the ordinance be given its first reading. So ordere d.
The municipal clerk read the said ordinance by title. Mr. Kasoff moved the ordinance
be adopted on first reading and published in the Press Journal on January 30, 2003 .
The public hearing to be held on February 19, 2003. Motion was seconded by Ms. Drim ones.
The ordinance was approved at the first reading upon the call of the ro ll.
ORDINANCE 2003-01
The clerk presented affidavit of publication, showing that advertisement had been made according to
law, which was ordered filed. Mr. Parisi moved a public hearing be held on the ordinance. So
ordered. Mr. 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 ordinanc e.
After ample opportunity had been given and no one responding Mr. Manolio moved the hearing be
closed. So ordered .
Mr. Manolio moved the ordinance be adopted on second reading and final passage, which motion
was seconded by Ms. Drimones and adopted upon a call of the roll.
ROLL CALL:
AYES: Plawker, Manolio, Drirnones, Kasoff, Parisi, N:>rton
The Municipal Attorney asked th at Mayor Parisi and Councilman Parisi r ecu se themselves for
thi s portion of the meeting because of a possible conflict of interest,
ORDINANCE 2003-03
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 all interested parties had spoken on the ordinance, Ms. Norton moved the hearing be closed.
So ordered.
Mr. Manolio moved the ordinance be adopted on second reading and final passage, which motion
was seconded by Ms. Norton and adopted upon a call of the roll.
ORDINANCE 2003-03
WHEREAS, the Borough of Englewood Cliffs has previously adopted Ordinance No.
2002-12; and
WHEREAS, the Municipal ity has determined that it would be in the best interest of the
Borough of Englewood Cliffs to repeal Ordinance 2002-12 and introduce and adopt a similar
ordinance dealing with the same subject matter; and
,
WHEREAS, it has been determined by the Governing Body of the Borough of
Englewood Cliffs that a certain portion of Hollywood Avenue is no longer needed for public use
and can be vacated; and
WHEREAS, that portion of Hollywood Avenue no longer needed for public use is as
more particularly describe d in the legal description set forth in Section 6; and
WHEREAS, said portion of Hollywood Avenue is no longer needed for public street or
highway use within the Borough of Englewood Cliffs; and
WHEREAS, the best interests of the public would be served by releasing and vacating
the described portion of Hollywood Avenue and causing this property to be added to the tax rolls
of the municipality;
SECTION I. Ordin ance No. 2002-12 is hereb y rep ealed in its en tirety.
SE CTION m. The vaca tion of Hollywood Avenue as set forth in Sections 6 is subject
to all of the rights and privileges presently possessed by all public utilities as define d 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 Borough of Englewood Cliffs, tbe Bergen Utilities Authority, United
Water, Verizon, PSE & G and their successors and/or assigns.
SECTION IV. The rights and privileges hereby reserved are those rights and privileges
to maintain, repair and replace any and all existing facilities including, but not limited to, such
utility line; including gas, electric, water and telephone, cable line, sanitary and storm sewer
systems adjacent to, in, under, or over the portion of Hollywood Avenue hereby vacated as set
froth in Sections 6 and 7.
SECTION V. Thi s vacation is further subject to the following; In the event the
property owner of Block 910, Lot I or Block 808, Lot 9 precludes vehicu lar traffic from entering
that port ion of Hollywood Avenue being vacated, then such ptoperty 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 unvacated portion 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 must be submitted
to and approved by the Borough Engineer prior to any closure to vehicular traffic to that portion
of the roadway being vacated.
SECTION VI. The premises to be hereby discharged, released or vacated are described
as follows:
Beginning at a point on the southerly side of Hollywoo d 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 comer of Lot 8
Block 808 as shown on the tax map of the Boro ugh of Englewood Cliffs, Bergen County, NJ .
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 northerly line of Lot 9, Block 808 and partially Lot 7, Block 808,
a distance of 460.0 0 ft. to a point.
2. North 46° - 13' · 50" East a distance of 50.00 ft. to a point on the northerly
side of Hollywood Avenue thence;
3. South 43° - 46'· I0" 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 point and place of
beginning.
SECTION VII.The offici al map of the Borough of Englewood Cliffs be and same is
hereby amended to reflec t the vacation herein enacted, if that map has not hereto fore been
amended.
SECTION VIII. In accordance with the provisions ofN.J.S.A. 40:4 9-6 the
Borough Clerk be and is hereby authorized to publish this ordinance at least ten (I O) 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 XI. This Ordinance shall take effect immediately upon publication after fina l
passage according to law.
COMMITTEE REPORTS:
Councilman Kasoffreported that there was a working fire at 199 Fairview Avenue. The house was
condenmed. TIle fire department is to be commended for their hard work in trying to save the house.
TIle transition of the recreation department is underway. For Chairperson Drimones and Councilman
Parisi have been a great help is assisting Councilwoman Norton getting Summer camp and all sport
activities ready.
Registration for Little League has begun. The last day to register is Saturday, January 25.
A $25,000 grant has been given jointly to the Police Dept., Fire Dept., and Ambulance Corps for the
purchase of a mobile communications vehicle.
The State of New Jersey has awarded our Police Dept. a grant in the amount of $2,600 for the
purch ase of body armor.
The department received a letter from the Pioli family thanking them for the police escort during the
funeral procession of Fred Pioli. .
Mr. Leon Arrigo will speak at the Chamb er of Commerce luncheon on the the topic "When the
Trillion Dollar Mile was worth a million dollars. The luncheon will be February 11, 2003.
No report
The Board of Adjustment denied a cellular antenna on the roof of 140 Sylvan Avenue.
A set back application on South Virginia Court was denied.
The DPW did a very good j ob in removing the snow during the last storm.
Bids will be received for stages 5 and 6 of the sanitary sewer rehabilitation.
CHIEF OF POLICE:
Chief Whiting explain ed the $25,000 grant was for Homeland security. The mobile
communicatio n center was needed because we lost our communications during an electrical storm.
PUBLIC PORTION: On a motion by Drimones, seconded by Manolio, the meeting was opened to
the public. Carried.
Diane Sank spoke on the danger of turning lanes being installed by the State on 9W.
On a motion by Manolio, seconded by Drimones, the public portion of the meeting was closed.
Carried.
On a motion by Manolio, seconded by Plawker, the meeting was adjourned at 8:35 p.m.
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.
Mr. Spatz made a presentation to the Mayor and Council about obtaining grants that may be
available to the Borough.
On a motion by Manolio, seconded by Norton, resolution 03-32 was offered for adoption.
Roll Call:
Ayes: Plawker, Manoli o, Drimones , Kasoff, Norton
Absent: Parisi
RESOLUTION 03-32
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 Mayo r and Council of the Borougb 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 Borougb of
Englewood Cliffs will go into closed session for the following reason as outlined in NJ.S.A. 10:4-
12:
The closed session commenced at 7:00 p.m. and adjourned at 7:35 p.m. at which time the meeting
went back into open session.
,
VOUCHERS WERE SIGNED BY THE FINANCE COMMTITEE.
MINUTES OF THE: Re-Organization Meetin g of January 7, 2003; Caucus Meeting of January 22,
. 2003 and Regular Meeting of January 22, 2003 were placed on the Regular Agenda for approval.
The Mayor and Council referred this to the Police Department, Fire Department and
Ambulance CDrpS. He asked that -they meet and CDme up with guide lines.
Placed on the regular agenda for approval.
Resolution 03-25 approving the bid was placed on the regular agenda for approval.
Resolution 03-26 approving the bid was placed on the regular agenda for approval.
03-24 Accept Donation from Montarnmy Fund for Englewood Cliffs Police Department
03-25 Accept Bid for Stage 5 of Sanitary Sewer Rehabilitation
03-26 Accept Bid for Stage 6 of Sanitary Sewer Rehabilitation
03-27 Providing for sale of $915,000 in refunding bonds
03-28 Tax Appeal Settlement, 474 Associates LP
03-29 Authorize Municipal Attorney to sign agreement with Malcolm Kaslerk
03-30 Approval of Raffle License for Sisters of St. Joseph of Feace
03-31 Authorize Administrator to sign agreement with All American Recycling
ADJOURN: On a motion by Manolio, seconded by Drimones, the meeting adjourned at 7:45 p.m.
ATTEST: APPROVED:
ALSO PRESENT:
ADEQU ATE NOTI CE OF THIS MEETING VVAS GWEN TO THE PRESS AND POSTED AS
REQUIRED . DATE AND TIME OF THIS MEETING VVAS LEGALLY GWEN AS REQUIRED
BY THE "OPEN PUBLIC MEETINGS ACT."
THIS NOTICE IS ON FILE VVITH THE MUNI CIPAL CLERK AND POSTED ON THE
BULLETIN BOARD.
MINUTES OF THIS ME ETING VVILL BE MADE AVAILABLE TO THE PUBLIC UPO N THE
COMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.
CLAIMS:
On a motion by Plawker, seconded by Manolio, the Claims for the month of February, 2003 were
ordered paid.
RESOLUTIONS:
On a motion by Norton, seconded by Drimones, Resolution 03-24 was offered for adoption:
ROLL CALL:
AYES: Plawker, Murphy, Drimones, Kasoff, Norton
ABSENT: Parisi
RESOLUTION 03-24
WHEREAS, Montammy Fund has donated $1,000.00 to the Englewood Cliffs Police
Department; 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 RESOLYED that the Englewood Cliffs Mayor and Council does hereby accept
the generous donation of the Montanuny Fund. '
On a motion by Drimones, seconded by M anolio, Resolution 03-25 was offered for adoption:
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Norton
ABSENT: Parisi
RESOLUTION 03-25
WHEREAS, the Borough of En glewood Cliffs has received bids for the Sanitary Sewer
Rehabilitation, Stage 5; and
WHEREAS, the bids have been reviewed by the Muni cipal Engineer; and
WHEREAS , the Mayor and Council are desirous of awarding the contract to the bidder
providing the lowest cost to the Borough; and
WHEREAS, Got tho ld Paving LLC has pro vided the lowest total cost in the amount of
$410,520.00 and is the lowest responsible bidder for the Sa nitary Sewer Rebabilitation, Stage
5; and
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council does hereby
award the contract for the Sani tary Sew er Rehabilitation, Stage 5 to Go tthold Paving LLC, P.O .
Box 205, Edgewater, N.J. 07020 in the amount of $420 ,520.0, 0 and that the Borough Attorney is
hereby authorized and directed to prepare the appropriate agree ment therefor.
On a motion by M anolio, seconded by Drimones, Resolution 03-26 was offered for adoption:
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Norton
ABSENT: Parisi
RESOLUTION 03-26
WHEREAS, the Borough of Eng lewood Cliffs has rece ived bids for the Sani tary Sewer
Rehabilitation , Stage 6; and
WHEREAS, the bids have been reviewed by the Municipal Engi neer; and
WHEREAS, the Mayor and Coun cil are desirous of awarding the contract to the bidder
providing the low est cost to the Borough; and
WHEREAS, National Water Main Cleaning Co. has provided the lowest total cos t in the
amoun t of $ 185,748.00 and is the lowest responsible bidd er for the Sa nitary Sewer
R eb abilitation, Stage 5; and
WHEREAS , it is the recommend ation of the Municipal Engineer that the contract be
awarded to National Water Main Cleaning Co. ;
2003 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 2003-000053-REV1
03-51
FEBRUARY 19,2003
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council does hereby
award the contract for the Sanitary Sewer Rehabilitation, Stage 6 to National Water Main
Cleaning Co., 875 N. Summer Avenue, Newark, N.J. 07104-3684 in the amount of $185,748.00
and that the Borough Attorney is hereby authorized and directed to prepare the appropriate
agreement therefor.
On a motion by Plawker, seconded by Manolio, Resolution 03-27 was offered for adoption:
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Norton
ABSENT: Parisi
RESOLUTION 03-27 , .
WHEREAS, The Bergen County Improvement Authority (including any successors and
assigns, the "Authority") has been duly created by the Board of Chosen Freeholders (the "Board
of Freeholders") of the County of Bergen (the "County") in the State of New Jersey (the "State")
as a public body corporate and politic of the State pursuant to and in accordance with the county
improvement authorities law, constituting Chapter 183 of the Pamphlet Laws of 1960 of the State,
and the acts amendatory thereof and supplemental thereto (the "Improvement Authorities Act")
and other applicable law;
WHEREAS, on July 12, 2002, P.L. 2002, c. 42 (the "ERI Refunding Law") became the
law of the State, by its terms authorizing municipalities, counties, school districts and certain
other local governmental units (collectively, the "Local Units"), including the Borough of
Englewood Cliffs, in the County (the "L ocal Unit"), to issue refunding bonds ("Local Unit
Refunding Bonds;" the refunding bond of the Local Unit shall be known herein as the "Local
Unit Refunding Bond") for the purpose of retiring the present value of their unfunded accrued
liability (the "Unfunded ERI Liabilities;" the liability of the Local Unit shall be known herein as
the "Unfunded ERI Liability") for early retirement incentive benefits previously granted by the
State to the Local Unit pursuant to prior State law;
WHEREAS, the Local Unit is authorized under the ERI Refunding Law to issue its
Local Unit Refunding Bond under N.J.S.A. 40A:2-51.3 and other applicable provisions of the
Local Bond Law, constituting Chapter 169 of the Pamphlet Laws of 1960 of the State, as
amended and supplemented (the "Local Bond Law"), and its refunding bond ordinance finally
adopted in accordance with the provisions of Local Bond Law and other applicable law on
January 22, 2003 (the "Local Unit Refunding Bond Ordinance"), all for the purpose of retiring
the present value of the Unfunded ERI Liability previously granted by the State to the Local Unit
pursuant to one or more ofP .L.1991, c.229, P.L.1991, c.230, P.L.1993, c.l3 8, P.L.1993, c.181,
P.L.1993, c.99, and P.L.1999, c.59;
WHEREAS, further pursuant to the ERI Refunding Law, which by its terms also
amended the Improvement Authorities Act, the Authority's purposes under N.J.S.A. 40:37A-54
have been expanded to allow for the issuance and pooling of loans (the "Loans;" the loan to the
Local Unit shall be known herein as the "Loan") by the Authority to the Local Units secured by
Local Unit Refunding Bonds in order to achieve more favorable interest rates and terms for the
Local Units;
WHEREAS, pursuant to the ERI Refunding Law, the Improvement Authorities Act and
other applicable law, the Authority intends to adopt its bond resolution (the "Authority Bond
Resolution") which by its terms will authorize the issuance of its bonds (the "Authority Bonds")
to fund Loans to eligible Local Units, within and including, as applicable, the County, including
the Loan to the Local Unit, for the purpose of retiring the present value of the respective
Unfunded ERI Liabilities of the Local Units, including the Unfunded ERI Liability of the Local
Unit;
WHEREAS, the Authority intends to secure the Loans through the acquisition of the
Local Unit Refunding Bonds pursuant to the applicable Bond Purchase Agreement (the "Bond
Purchase Agreement") by and between the Authority and each of the participating Local Units,
which Bond Purchase Agreements will by their respective terms require that each of the Local
Units, including the Local Unit, sell Local Unit Refunding Bonds directly to the Authority, all
pursuant to the terms of each of the respective Bond Purchase Agreements;
WHEREAS, those Local Units constituting "materially obligated persons" within the
meaning and for the purposes set forth in Rule 15c2-12 ("Rule 15c-12") promulgated by the
Securities and Exchange Commission pursuant to the Securities and Exchange Act of 1934, as
amended, which may include the Local Unit, will be required to enter into those certain "Local
Unit Continuing Disclosure Agreements (Pooled Unfunded ERI Liability Project)" to be dated as
of the first day of the month of issuance of the Authority Bonds (as the same may be amended
and supplemented from time to time in accordance with their respective terms, tbe "Local Unit
Continuing Disclosure Agreements;" the agreement, if any, with the Local Unit shall be known
herein as the Local Unit Continuing Disclosure Agreement") with the Authority and the Trustee,
as dissemination agent (the "Dissemination Agent") in order to satisfy the secondary market
disclosure requirements of Rule 15c2-12;
WHEREAS, in order to market and sell the Authority Bonds, the Auth ority will have to
(i) authorize the distribution of a preliminary official statement "deemed final" within the
meaning and for the purposes of Rul e 15c2-12 describin g the terms of the Authority Bonds and
the other transactions contemplated hereby (the "Preliminary Offic ial Statement"), (ii) enter into a
contract of purchase with Commerce Capital Markets, lnc., as underwri ter for the Authority
Bonds (the "Underwriter"), for the sale of all of the Authority Bond s to the Underwriter (the
"C ontract of Purchase"), (iii) execute and deliver a final Offic ial Statement incorporating the
terms of the sale of the Authority Bonds and certain other information into the Preliminary
Offic ial Statem ent (the "Official Statement"), and (iv) cause the respective Local Units to make
certain representations , warranties and covenants concerning the Loans, Local Unit Refunding
Bonds and the transactions contemplated hereby (the "Local Unit Lette rs of Representation s;" the
letter to be executed by the Local Unit shall be known herein as the Local Unit Letter of
Representation").
Sectio n 1. In accordance with N .J.S.A. 40A :2-51, -51.3 and other applicable provisions
of the Local Bond Law, the Loc al Unit hereby authorizes the sale and award of the Loc al Unit
Refunding Bond direc tly to the Authority for assignment to the Truste e in accordance with the
terms of the Bon d Purchase Agreement and the Authority Bond Reso lution, such Loca l Unit
Refunding Bond to be issued, sold and contain such terms ' in accordance with the provisions
hereo f, and the terms of the Local Unit Refunding Bond ' Ordinance and the Bond Purchase
Agre ement.
Sectio n 2. The Chief Financial Offi cer of the Local Unit (the "Chief Financial Officer")
is hereby authorized to determine, subject to confirmation by a two-third s vote of the full
memb ership of the Governing Body, pursuant to the terms and conditions established by the
Authority under the Bond Purchase Agreement and the terms and conditions hereof, the following
items wit h respect to the Loc al Uni t Refunding Bond :
(a) The maturity of the Local Unit Refunding Bond, which maturity shall not exceed
the final maturity for the Unfunded ERI Liability;
(b) The aggregate principal amount of the Loca l Unit Refunding Bond, whi ch
aggregate principal amount shall not exceed $915 ,000, which amount shall have
been authori zed by the Local Unit prior to the issuance of the Loc al Unit
Refunding Bond by the Local Unit Refunding Bond Ord inance;
(c) The interest rate of the Local Uni t Refunding Bond, which interest rate shall
result in a true interest cost not in excess of 8.75%;
(d) The purch ase price for the Local Unit Refunding Bond ;
(e) The terms and con ditions under which the Local Unit Refunding Bond shall be
subj ect to redemption prior to their stated maturities; and
(f) The date of the Local Unit Refundin g Bond.
The Chief Financial Offi cer is hereby furthe r authorized and directed to make the report
in connection with the Loc al Unit Refunding Bond contemplated by NJ.S .A. 40A: 2-59 of the
Local Bond Law, and file such report with the Director of the Division of Local Government
Servi ces.
2003 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 2003-000056-REV1
03-5 4
FEBRUARY 19,2003
Section 3. The Governing Bod y hereby determines that certain terms of the Local Uni t
Refunding Bond shall be as follows:
(a) The Local Unit Refunding Bond shall be designated "General Obligation Local
Unit Refunding Bond, Serie s 200 3" and shall be issued in a single denomination
and shall be numbered R-I ;
(b) The Local Unit Refunding Bond shall be issued in fully registered form and shall
he payabl e at the principal office of the Tru stee for the Autho rity, as the
registered owner thereof, or such other place as directed by the registered owner
there of, as to both principal and interest in lawful money of the United States of
America.
Section 4. The Local Unit Refundin g Bond shall be substantially in the form set forth in
the Bond Purchase Agreement, with such additions, deletions and modific ations as may be
nece ssary or required for the delivery thereof.
Section 5. The law firm of DeC otiis Fitzpatrick Cole & Wisler ("Loca l Unit Refunding
Bond Counsel "), as bond counsel to the Local Unit in connection with the issuance of the Local
Unit Refunding Bond, is hereby authorized to arrange for the printing of the Local Unit
Refu nding Bond, which law firm may auth orize Gibbons, Del Deo, Dolan, Griffinger &
Vecchione, P.C., Bond Counsel to the Authority ("A uthoriiy Bon d Counsel"), to arrange for
same . The Loca l Unit's auditor is hereby autho rized td prepare the financ ial information
necessary in connectio n with the issuance and sale of the Local Unit Refunding Bond . The Loca l
Unit's Mayor (the "Mayor "), Business Administrator ("Business Administrator") , Chief Financial
Officer and Borough Clerk (the "Clerk" and collecti vely, each an "Authorized Officer") are
hereby severally authorized to execute, and the Clerk is hereby authorized to attest to any such
execution and affix the seal of the Local Unit to any certificates, documents or other instruments
in connection with the financ ial and other information that any such Authorized Offi cer, in their
sole discretion , after consultation with Local Uni t Refunding Bo nd Cou nsel, Local Unit auditor
and such other adviso rs, as applicable (collective ly, the " Local Unit Consultants''), deems in their
sole discretion to be necessary , desirab le or convenient to issue the Local Unit Refunding Bond to
the Authority and effect the transactions contemplated hereby, which forms thereof sha ll be
dispositively evidenced as authorized by the Loc al Unit hereunder upon any such Authorized
Officer' s exec ution and delivery thereof.
Section 6. The Loca l Uni t Refunding Bond shall be executed by the manual or facsimi le
signatures of the Mayor and the Chief Financial Officer under official seals or facsimile thereof
affixed, print ed, engraved or reprod uced thereon and atte sted by the man ual signatu re of the
Clerk.
S ection 7. The Mayor , the Busine ss Admini strator and the Chief Financial Officer are
authorized to execute the Bond Purc hase Agreem ent, and to the extent the Loca l Unit has been
determine d by the Authority to be a materially obligated person for purposes of Ru le 15c2-12 as
it applie s to the Autho rity Bonds, the Local Unit Continuing Disclosure Agreement, one or each
in substantially the form atta ched hereto as Exhibit A, with such changes thereto, including
without limitatio n the insertion of the fmancial terms of the Loan in accordance with the
parameters for the Loca l Unit Refundin g Bond set forth herein, as any such Authorize d Officer,
in their sole discretion, after consultation with the Local Unit Consultants, deems in their sole
discretion to be necessary, desirable or convenient to issue the Local Unit Refunding Bond to the
Authority and effect the transactions contemplated hereby, which changes thereto shall be
dispositively evidenced as authorized by the Local Unit hereunder upon any such Authorized
Officer's execution and delivery thereof. In connection with the execution and delivery of the
Bond Purchase Agreement, the Contract of Purchase, the Preliminary Official Statement, the
Official Statement and, as applicable, the Local Unit Continuing Disclosure Agreement, all of
which includes, without limitation, the terms regarding the issuance and sale to the Authority of
the Local Unit Refunding Bond, the Authorized Officers are hereby further severally authorized
hereby to execute such certificates, instruments or other documents related thereto or
contemplated thereby, including without limitation the Local Unit Letter of Representation, as
any such Authorized Officer, in their sole discretion, after consultation with the Local Unit
Consultants, deems in their sole discretion to be necessary, desirable or convenient to issue the
Local Unit Refunding Bond to the Authority and effect the transactions contemplated hereby,
which forms thereof shall be dispositively evidenced as authorized by the Local Unit hereunder
upon any such Authorized Officer's execution and delivery thereof. Each Authorized Officer is
hereby further severally authorized to deliver the Local Unit Refunding Bond to the Authority
and receive payment therefore, all as contemplated by the Bond Purchase Agreement.
Section 8. The following additional matters are hereby determined, declared, recited and
stated:
(a) The Local Unit Refunding Bond described herein and authorized by the Local
Unit Refunding Bond Ordinance has not been sold or issued heretofore, and the
Local Unit Refunding Bond Ordinance has not been rescinded and now remains
in full force and effect as authorization for the amount of Local Unit Refunding
Bond authorized hereunder.
(b) The purpose authorized by the Local Unit Refunding Bond Ordinance is a
purpose for which Local Unit Refunding Bond may be issued lawfully pursuant
to the Local Bond Law.
Section 9. The Authorized Officers, Local Unit Consultants and other officers, agents and
employees of the Local Unit are authorized to prepare and distribute information to the Authority
and the Underwriter with respect to the Local Unit in connection with preparation of the
Preliminary Official Statement. Such information concerning the Local Unit shall be in such
form as may be approved by any such Authorized Officer. The use in the Preliminary Official
Statement of the financial (as applicable) and other information relating to the Local Unit and
pertaining to the Local Unit Refunding Bond is hereby authorized. The Mayor, the Business
Administrator and the Chief Financial Officer are hereby severally authorized and directed to
"deem final" the information concerning the Local Unit set forth in the Preliminary Official
Statement for purposes of Rule l5c2-l2. The Mayor, the Business Administrator and the Chief
Financial Officer are hereby severally authorized and directed to approve a final Official
Statement with respect to information relating to the Local Unit and the Local Unit Refunding
Bond, with such changes, revisions, insertions and omissions from the Preliminary Official
Statement as may be approved by any such Authorized Officer.
Section 10. The Local Unit Refunding Bond is being issued to refund the Local Unit' s
Unfunded ERI Liability. In accordance with NJ .SA 40A:2-51.3 of the Local Bond Law, the
State' s system actuary is required to calculate the present value of the Unfunded ERI Liability
due and owing the Local Unit on a date certain upon the request of the Local Unit. The
Governing Body of the Local Unit hereby severally authorizes any of any Authorized Officer, the
Local Unit Consultants, the Authority, the Underwriter or Authority Bond Counsel to request on
behalf of the Local Unit any such present value as of the date certain required by the Authority in
consultation with the Local Unit to effect the transactions contemplated hereby. The Chief
Financial Officer shall take all other steps necessary to pay, as soon as practicable, the Unfunded
ERI Liability with a portion of the proceeds of the Local Unit Refunding Bond. Pending such
payment, the proceeds of the Local Unit Refunding Bond may be invested by the Local Unit and
in accordance with applicable law and the Local Unit's Cash Management Plan. Interest earned
thereon may be used for any lawful purpose of the Local Unit and to file such report with the
Director of the Division of Local Government Services. .
Section 11. All prior resolutions of the Local Urnt or portions thereof inconsistent
herewith, if any, are hereby repealed.
S ection 12. The Chief Financial Officer is hereby directed to report to the Governing
Body at the meeting next succeeding the date of execution of the Bond Purchase Agreement the
particular terms of the award of the Local Unit Refunding Bond made pursuant to this resolution
(this resolution may be known herein and otherwise cited as the "Local Unit Refunding Bond
Resolution"). j
Section 13. In accordance with Local Bond Law and other applicable law, the full faith
and credit of the Local Unit is hereby pledged for the payment of the principal of and interest on
the Local Unit Refunding Bond and the Local Unit Refunding Bond shall be a general obligation
of the Local Unit payable as to principal and interest from the levy of ad valorem taxes which
may be assessed on the taxable real property within the jurisdiction of the Local Unit without
limitation as to rate or amount.
Section 14. In case anyone or more of the provisions contained in this Local Unit
Refunding Bond Resolution or in the Local Unit Refunding Bond issued pursuant hereto shall for
any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality
or unenforceability shall not affect any other provision of this Local Unit Refunding Bond
Resolution or of said Local Unit Refunding Bond, and this Local Unit Refunding Bond
Resolution and the Local Unit Refunding Bond shall be construed and enforced as if such invalid,
illegal or unenforceable provision had never been contained herein or therein.
S ection 15. The laws of the State shall govern the construction of this Local Unit
Refunding Bond Resolution and of the Local Unit Refunding Bond issued hereunder.
Section 16. All actions taken to date by officers of the Local Unit and/or the Local
Unit Consultants, the Authority and the Authority Bond Counsel, advisors and Underwriter in
connection with the matters set forth in this Local Unit Refunding Bond Resolution are hereby
ratified and approved.
Section 1 7. A copy of this Local Unit Refunding Bond Resolution shall be delivered by
the Clerk to the Local Unit Refunding Bond Counsel and to Curt Harris, Esq., of Gibbons, Del
Deo, Dolan, Griffinger & Vecchione, P.C., as Authority Bond Counsel.
Section 18. This Local Unit Refunding Bond Resolution shall take effect
immediately.
On a motion by Manolio, seconded by Norton, re solution 03-28 was offered for adoption.
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Norton
ABSENT: Parisi
WHEREAS, 474 Associates, LP is the owner of premises located at 474 Sylvan Avenue,
also designated as Block 510, Lot 4; and
WHEREAS, a tax appeal is presently pending with'regard to challenge of the 2002 real
property tax assessment; and
WHEREAS, review of all lease and other appropriate documentation has been
completed and settlement has been negotiated and recommended;
NOW, TBERFORE, BE IT
RESOLYED by the Mayor and Council of the Borough of Englewood Cliffs that the tax
attorney be and is hereby authorized and directed to execute any and all documents necessary to
effectuate settlement of the presently pending litigation entitled 474 Associates, LP v. Englewood
Cliffs, so that the 2002 assessment will be reduced from $1.450 million to $1.2 million; and be it
further
RESOLYED , that the aforesaid settlement is predicated upon a full waiver of any and all
pre-judgment interest by the taxpayer.
On a motion by Manolio , seconded by Kasoff, resolution 03-29 was offered for adoption.
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Norton
ABSENT: Parisi
RESOLUTION 03-29
BE IT RESOLVED, that the Borough Council of the Borough of Englewood Cliffs does
hereby authorize the Municipal Attorney to sign an Agreement between the Borough of
Englewood Cliffs and Malcolm Kasler AlCP,P.P.
On a motion by Manolio, seconded by Drimones, re solution 03-30 was offered for adoption.
ROLLCALL:
AYES: Plawker, Manolio, Drirnones, Kasoff, Norton
ABSENT: Parisi
RESOLUTION 2003-30
WHEREAS, the GUILD FOR SISTERS OF ST. JOSEPH OF PEACE has applied
for an On-Premise raffle license; and
WHEREAS, the GUILD FOR SISTERS OF ST. JOSEPH OF PEACE has complied
with all requiremeuts as outlined in N.J.A.C. 13; and
WHEREAS, the Findings and Determination has heen certified hy the Chief of Police;
NOW, THEREFORE, BE IT
RESOLVED, that the Mayor and Council of the Borough of Englewood Cliffs does
herehy approve the issuance of an ON PREMISE 50/50 raffle license to the GUILD FOR
SISTERS OF ST. JOSEPH OF PEACE.
ORDINANCE 2003-04
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 b~, 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 Kasoff 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, Norton
ABSENT: Parisi
ORDINANCE 2003-04
SECTION 3. (a) The improvement hereby authorized and purpose for the
financing of which the bonds or notes are to be issued is the acquisition of a fire engine for the
Borough, including all equipment therefore and all work and materials necessary therefore or
incidental thereto.
SECTION 4. 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 sball
mature later than one (I) year from its date. 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 connect ion 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 subject to
the provisions of N.J.S.A. 40A:2-8(a) . The Chief Financial Officer is hereby authorized to sell
part or all of the notes from time to time, at not less than par and accrued interest, at public or
private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase
price plus accrued interest from their dates to the date of delivery thereof. The Chief Financial
Officer is directed to report in writing to the governing body 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 5. The capital budget or temporary capital budget (as applicable) of the
Borough is hereby amended to conform with the provisions of this bond ordinance to the extent
of any inconsistency herewith. In the event of any such inconsistency and amend ment, the
resolution in the form promulgated by the Local Finance Board showing full detail of the
amended capital budget or amended temporary capital budget (as applicable) 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.
SECTION 6. The following additional matters are hereby determined, declared, recited
and stated:
(a) The improvement or purpose described in Section 3 of this bond
ordinance is not a current expense and is an improvement or purpose 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.
SECTION 7. Any grant moneys received for the purposes described in Section 3 hereof
shall be applied either to direct payment of the cost of the improvements or to payment of the
obligations issued pursuant to this bond ordinance.
SE CTION 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 obligations authorized by this bond ordinance.
The obligations 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 obligations and the interest thereon without limitation as to rate or amount.
2003 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
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FEBRUAR Y 19,2003
SECT ION 9. The Borough hereby covenants to take any action neces sary or refrain from
taking such action in order to preserve the tax-exempt status of the bonds and notes authorized
hereunder as is or may he require d under the Internal Revenue Code of 1986, as amended, and the
regu lations promulgated thereunder (the " Code"), including compliance with the Code with
regard to the use, expenditure, investment, timely reporting and rebate of inves tment earnings as
may be required thereunder.
SECTION 10. To the extent that any previ ous ordinance or resolution is inconsistent
herewith or contradi ctory hereto, said ordinance or resolution is hereby repealed or amended to
the extent necessary to make it consistent herewith.
SECTION 11. Tbis bond ordin ance shall take effect twenty (20) days after the first
publication thereof after final adoption, as provided by the Local I!ond Law.
COMMITTEE REPORTS:
Councilman Kasoff reported that the Fire Department responded to fires on Ash Street,
Arthur Avenue, Floyd Street and at the Assembly Restaurant.
Councilwoman Norton reported that the indoor soccer and basketball programs will
continue until the end of the month.
There is an open instructional program on Monday nights for soccer and basketball.
Councilman Plawker thanked officers Murph y and Tracy for their response at the
home of Jack Heller who suffered a heart attack.
Garbage was not picked on February 7, 17, 18 because of snow storms. It was picked
up within one or two days after the storms.
The DPW did an outstanding job of snow removal during the February 170' blizzard.
The started on Sunday at 9 p.m. and worked continually until midnight on Monday.
They started again at 6 a.m. on Tuesday. Cost of the storm is $9,000.00
Mr. Hipolit reported that he reviewed the original plans of the Municip al Building to
research whether or not a second floor could be placed on the building. He stated
ifbuilding does have bearing walls as shown on the plans, the second floor would be
possible. However, there is a second problem. The code for Police structures have
changed since this building was erected. 10 order to make sure the Police Department
is up to code, a cost of about $250,000 would be incurred. Including the upgrade
of the Police Department, the estimated cost is between'$750,000 and $1,000,000.
MAYOR PARlSI stated that our DPW did an excellent job removing the snow and clearing our
streets. He congratulated the Supt. and his workers for a job well done.
Letters of thanks were received from the Chief of Police of Fort Lee and Bergenfield for the
assistance of our Police Department.
PUBLIC PORTION: On a motion by Norton, seconded by Plawker, tile meeting was opened to tile
public. Canied.
On a motion by Manolio, seconded by Drimones, the public portion of the meeting was closed.
Canied.
On a motion by Norton, seconded by Drimones , the meeting was adjourned at 8:45 p.m.
ATTEST: APPROVED:
.,
Englewood Cliffs By Laws state that three (3) Councilmen plus the Mayor constitutes a
quorum.
Adequate notice of this meeting was given to the press and post ed as required. Date and time of this
meeting was legally given as require d by the "Open Public Mee tings Act. "
Thi s notice is on file with the M unic ipal Clerk and posted on the bulletin board .
Minutes of this meeting will be made available to the public upon the completion of typin g and
pro ofreading by the Municipal Clerk.
On a motion by Plawker, seconded by Kasoff, resolution 03-43 was offered for adoption.
RESOLUTION 03-43
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 RESOLYED, 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. 10A-
12:
Any anticipated litigation
V & K Construction
,
MlNUfES OF THE: Caucus Meeting of February 19, 2003,and Regular Meeting of February 19,
2003 were placed on the Regular Agenda for approval.
The Municipal Attorney was authorized to prepare an ordinance pertaining to the placing of
address on all home. The entire council will review this at the April meeting. Placed on the
regular agenda for approval.
The Borough Clerk was authorized to contact the family of Donald McDermott, 1952
Olympic Silver Medalist, to ascertain if they would grant the Borough permission to name
this street in his honor. Placed on the regular agenda for approval.
Vol. Ambulance Corps Provide half time stipend for memb ers
The Municipal Attorney was authorized to prepare an amendment to the stipend resolution.
Placed on the regular agenda for approval.
ADEQUATE NOTICE OF THIS ME ETING VVAS GIVEN TO TIlE PRES S AND POSTED AS
REQUIRED. DATE AND TIME OF rms MEETING VVAS LEGALLY GIVEN AS REQUIRED
BY TIlE "OPEN PUBLIC MEETINGS ACT."
THIS NOTICE IS ON FILE VVITH THE MUNICIPAL CLERK AND POSTED ON TIlE
BULLETIN BOARD.
MINUTES OF r ms MEETING VVILL BE MADE AVAILABLE TO THE PUBLIC UPON TIlE
COMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.
On a motion by Kasoff, seconded by Parisi, the Municipal Clerk was authorized to contact
the McDermott family to ascertain if they would grant the Borough permission to name a
new street after Donald McDermo tt, 1952 Olympic Silver Medalist. Carried.
CLAIMS:
On a motion by Plawker, seconded by Parisi, the Claims for the month of March, 2003 were ordered
paid.
RESOLUTIONS:
ROLL CALL:
AYES: Plawker, Kasoff, Parisi
ABSENT: Manolio, Drimones, Norton
RESOLUTION 03-33
ROLL CALL:
AYES: Plawker, Kasoff, Parisi
ABSENT: Manolio, Drimones, Norton
RESOLUTION 03-34
WHEREAS, the Englewood Cliffs Volunteer Fire Department has recomm ended
the appointment of Ann Marie Drimones as a junior member of the Englewood Cliffs
Volunteer Fire Department;
On a motion by Plawker, seconded by Parisi, Resolution 03-35 was offered for adoption:
ROLL CALL:
AYES: Plawker, Kasoff, Parisi
ABSENT: Manolio, Drimones, Norton
RESOLUTION 01-35
WHEREAS, the Division of Local Government services requires that the Governing Body
of any municipality which has Deferred School Taxes must authorize any increase in the deferral of
any additional amounts; and
WHEREAS, the Governing Body has decided that an increase in Deferred School taxes
is in the best interest of the Borough at this time;
On a motion by Parisi, seconded by Kasoff, Resolution 03-36 was offered for adoption:
ROLLCALL:
AYES: Plawker, Kasoff, Parisi,
ABSENT: Manolio, Drimones, Norton
RESOLUTION 03-36
Section 2. The p rincipal amount of the Note is authorized by each of the foll owing
ordinances to be combined into a sing le issue as above provided , the bond ordinances autho riz ing
the No te described by reference to the number, the date of adoption , and the imp rovement
de script ion are respectivel y as follows:
Section 3. T he follo wing matters are hereby determined wi th respect to the issuance
of the Note:
(a) T he Note represen tin g the above combined ordinan ces sha ll be
design ated " $2,833,715 Bond Anti cip ation No te, Series 20 02-1" and shall mature within a one (I)
year period of issuance.
(b) The Note shall be sold and issued in accordance with the provisions of
the Local Bond Law applicable to the sale and the issuance of bond anticipation notes. The
proceeds from tbe sale of the Note shall be utilized for the purposes more fully detailed in the
ordinances referenced in section 2 above.
Section 4. The following additional matters are hereby determined, declared, recited
and stated:
(a) The Note described in Section 2 hereof has not been sold or issued hereto
fore, and the several bond ordinances described in Section 2 have not been rescinded and now
remain in full force and effect as authorizations for the respective amounts of Bonds or Notes set
opposite the descriptions of the bond ordinances in Section 2.
ROLL CALL:
AYE S: Plawker, Kasoff, Parisi
ABSENT: Manolio, Drimones, Norton
RESOLUTION 2003-37
BE IT RESOLVED by the Mayor and Council of the Borough of Englewood Cliffs that the
following transfers between the 2002 Budget appropriations he made:
On a mo tion by Plawker, seconded by Parisi, r esolution 03-38 was offered for a dopti on.
ROLL CALL:
AYES: Plawker , Kasoff, Parisi
ABSENr: Manolio, Drimones, Norton
RESOLUTION 03-38
WHEREAS, Trust fund mo nies re available to municipalities under the Bergen County
Open Space, Recreation, Farmland , and Historic Preservatio n Tru st Fund; and
WHEREAS, the purpose of the agre ement is to establish a legal mechanism through
which the municipality may apply for, receive and dis perse funds made available to participating
mun icipalities under the Bergen County Open Space, Recreation , Farmland, an d Historic
Preservation Trust; and
On a motion by Plawker, seconde d by Parisi, resolution 03-39 was offered for adoption.
ROLL CALL:
AYES : Plawker, Kasoff, Parisi
ABSENr: Manolio, Drimones, Norton
On a motion by Plawker, seconded by Kas off, resolntion 03-40 was offered for ad option:
ROLLCALL:
AYES: Plawker, Kasoff, Parisi
ABSENT: Manolio, Drimoens, Norton
RESOLUTION 03-40
WHEREAS, the Department of Environmental Protection and the State of New Jersey
has requested recommendation s in regard to their proposed DEP Stormwater Regulations; and
WHEREAS, it would be in the best interest of each and every municipality in the State
of New Jersey to request that the costs involved in effecting the Federal Regulations be the
obligation of the counties rather than the municipalities because of the fact that these problems
are regional in nature and not easily defined by municipality to municipality; and
WHEREAS, this municipality has reviewed the letter of the New Jersey League of
Municipalities which was forwarded to the Department of Environmental Protection;
NOW, THEREFORE, BE IT RESOL VED , that the Borough of Eng lewoo d Cliffs
hereby objects to the impos ition of the proposed DEP Stormwater Regulation in its present form
and requests the Departm ent of Environmental Protection to revise said regu lations so that it be
the financial responsibility of the countries rather than the municipalities; and
On a motion by Parisi, seconded by Plawker, re solntion 03-42 was offered for adoption:
ROLL CALL:
AYES: Plawker, Manolio[teleconference], Kasoff, Parisi
ABSENT : Drimones, No rton
RESOLUTION 03-42
WHEREAS, the Borough of Englewood Cliffs, in the County of Bergen, New Jersey
(the "Boro ugh") has determined that there exists a need within the municipality to issue refunding
bonds for the purpose of retiring the present value of its unfunded accrue d liabil ity (the
"Unfunded ERI Liability") for early retirement incentive benefits previously granted by the State
of New Jersey (the "State") to the Borough to prior State law; and
WHEREAS, the Borough has determined to refinance its Unfunded ERI Liability with
the proceeds of its General Obligation Local Unit Refunding Bonds, Series 2003 (the "Local Unit
Refunding Bond"), being issue d and sold to the Bergen County Improvement Auth ority (the
"authority") pursuant to the terms of (i) the Bond Purchase Agreement dated as of March 6, 2003
by and between the Authority and the Borough, (ii) the Local Bond law of the State, constituting
Chapter 2 of Title 40A of the New Jersey Statutes, as amended (the "Local Bond Law") and (iii)
other applicable State law;
Section 1. The sale of the Local Unit Refunding Bond to the Authority is hereby
confirmed. The Local Unit Refunding Bond shall be issued in the aggregate principal amount of
$870,000, shall be the date of delivery, shall bear interest at the rates per annum, and shall mature
in the principal amo unts and at the times set forth in Schedule A attac hed hereto and made a part
hereof. The Local Unit Refunding Bond has been autho rized and described in a resolution
previously adopted by the Governing Bod y on February 19, 2003 and entitled, "RESOLUITON
PROVIDING FOR THE SAL E OF NOT TO EXCEED $9 15,000 GENERAL OBLIGAT ION
2003 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
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MARCH 19, 2003
SCHEDULE A
ORDINANCE 2003-05
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 March 27, 2003.
The public hearing to be held on April 23, 2003. Motion was seconded by Councilman Kasoff.
The ordinance was approved at the first reading upon the call of the roll.
ROLLCALL:
AYES: Plawker, Kasoff, Parisi
ABSENT: Manolio, Drimones, Norton
ORDINANCE 2003-06
Councilman Plawker 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 March 27, 2003.
The public hearing to be held on April 23, 2003 . Motion was seconded by Councilman Kasoff.
The ordinance was approved at the first reading upon the call of the roll.
ORDINANCE 2003-07
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 publisbed in the Press Journal on March 27, 2003.
The public hearing to be held on April 23, 2003. Motion was seconded by Councilman Plawker.
The ordinance was approved at the first reading upon the call of the roll.
ROLLCALL:
PROCLA MATION
WHEREAS, at the present time, there is only one known res earch facility
worldwide, theUniversity of Pennsylvania, currently investigating a cure for
Fibrodysplasia Ossivicans Progr essiva .
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Coun cil of the
Borough of Englewood Cli ffs encourage the University of Pennsylvan ia to continue its
research and the health care community to increase the awareness of thi s devastating, rare
genetic disorder to eliminate misdiagnosis, develop a treatment and discover a cure.
IN WITNESS WHEREOF, I have hereunto set 'my hand and caused the seal of
the Borough of Englewood Cliffs, New Jersey in to be affixed this 19th day of March,
2003.
COMMITTEE REPORTS :
The Planning Board approved a new parking area for 52 cars which takes the place
of a removed parking building.
Letters ofthanks were received from Mr. Valicenti, Ms. Frost and Ms. Feldman.
Chief Whiting, Lt. Cioffi, Lt. Bauernschmidt, Sgt. Regan, and Dr. Pezzano met with
Parents to explain emergency procedures at the schools. A booklet is being prepared.
The Witte Clinic for 5-7 year olds will begin on April 19"'.
Councilman Parisi suggested that monies raised by the C of C golf outing be donated to
the Englewood Cliffs Senior Citizens.
2003 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
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MARCH 19, 2003
The original date for the beginning of Little League practices have been postpones because
of the condition of field. Still frozen beneath the surface.
Councilman Plawker suggested that the C of C monies be used by the Seniors for the
Education Learning Center.
The Tanglewood Estates project has almost finished the culvert. Upon completion,
Middlesex Avenue will be cleaned up.
The re-paving oflrving Avenue should take place the first week of May.
The curbs on Van Nostrand Avenue will be installed on March 20, 2003.
PUBLIC PORTION: On a motion by Plawker, seconded by Parisi, the meeting was opened to the
public. Carried.
Ms. Breen, VanNostrand Avenue, spoke about the conditions of her street. She stated
that the services for her street were inadequate.
Ms. Breen also asked about the removal of trees from the Sarlorio property.
Mr. Ferro asked about the sun glare at Witte Field on the dirt field.
On a motion by Plawker, seconded by Kasoff, the public portion of the meetin g was closed. Carried .
On a motion by Kasoff, seconded by Parisi, the meeting was adjouroed at 9:26 p.m.
ATTEST: APPROVED:
ALSO PRESENT:
C.F.O. JOSEPH IANACONNI
BOROUGH ENGINEER AND REW HIPOLIT
SUPERINTENDENT DPW RODNEY BAILKO
The Flag salute was lead by: Council President Dan Plawker
On a motion by Plawker, seconded by Parisi, Resolntion 03-50 was offered for adoption:
ROLLCALL:
AYES: Plawker, Kasoff, Parisi, Norton
ABSENT: Manolio, Drimones,
RESOLUTION 03-50
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 COW1cil 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 COW1cil of the Borough of
Englewood Cliffs will go into closed session for the following reason as outlined in NJ.S.A. 10:4-
12: subsection b (7) :
Motion was made by Norton, seconded by Parisi, to end the closed session.
Motion canied on a voice vote by all members present.
Motion was made by Parisi, seconded by Kasoff, to begin public discussion of the 2003
Municipal Budget.
Motion carried on a voice vote by all members present.
The governing body reviewed and discussed each line item of the 2003 Municipal
Budget. Adjustments were made based on discussion of the needs of various departments
with in the borough and with the advice of the CFO.
On a motion by Norton, seconded by Parisi, the meeting was adjourned at 10:45 PM.
2003 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.)
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ATTEST: APPROVED:
ALSO PRESENT:
.'
Borough Attorney E. Carter Corriston Jr., Esq.
Chief Financial Officer Joseph Iannaconi, Jr.
Police Captain William Gallagher
Supt. of Public Works Rodney BiaIko
Borough Auditor Steven Weilkotz
Deputy Municipal Clerk Deborah Fehre
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 Norton, seconded by Plawker, resolution 03-64 was offered for adoption:
Roll Call:
Ayes: Plawker, Drimones, Kasoff, Parisi, Norton
Absent Manolio
RESOLUTION 03-64
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:
MINUTES OF THE: Caucus Meeting of March 19,2003 and Regular Meeting of March 19,2003
were placed on the Regular Agenda for approval.
Resolution 03-52, awarding the bid for the new fire truck was placed on the regular agenda for
approval. Carried.
ADJOURN: On a motion by Parisi, seconded by Plawker, the meeting was adjouned at 7:50 p.m.
Carried.
ATTEST: APPROVED :
ALSO P RESENT:
I
Municipal Attorney E. Carter Corriston Jr., Esq.
Municipal Engineer Andrew Hipolit
Chief Financi al Officer Joseph Iannaconi, Jr.
Chief ofPo lice Lawrence Whiting
Superintendent DPW Rodney Bialko
Borough Auditor Steven Weilkotz
Dep uty Munic ipal Clerk Deborah Fehre
ADEQUATE NOTICE OF TIllS MEETING WAS GIVEN TO THE PRE SS AND PO STED AS
REQUIRE D. DATE AND TIME OF TIllS MEETING WAS LEGALLY GIVE N AS REQUIRE D
BY THE "OPEN PUBLIC ME ETINGS ACT."
TIllS NOT ICE 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.
On a motion by Plawker, seconded by Parisi, re solntion 03-60 was offered for adoption:
Roll Call:
Ayes: Plawker, Drimones, Kasoff, Parisi, Norton
Absent: Manolio
RESOLUTION 03-60
BE IT FURTHER RESOLYED, that said Budget be publisbed in the Press Journal in the
issue of April 30,2003; and
ROLLCALL:
AYES : Pl awker, Ka soff, Parisi
ABSTAIN: Drimones, Norton
CLAIMS :
On a motion by Plawker, seconded by Drimones, the Claims for the month of April, 2003 were
ordered paid.
RE SOLUTIONS:
On a motion by Kasoff, seconded by Plawker, Resolution 03-44 was offered for adoption:
ROLL CALL:
AYES: Plawker, Drimones, Kasoff, Parisi, Norton
ABSENT: Mano lio
RESOLUTION 03-44
WHEREAS, the Englewood Cliffs Volunteer Fire 'Department has recommended the
appointment of Andrew Nikow as an active member of the Englewood Cliffs Volunteer Fire
Department;
NOW, THEREFORE BE IT RESOLVED that the Mayor and Council of the Borough
of Englewood Cliffs does hereby approve the membership, of Andrew Nikow as an active
member of the Englewood Cliffs Volunteer Fire Department., .
On a motion by Kasoff, seconded by Drimones, Resolution 03-45 was offered for adoption:
ROLLCALL:
AYES: Plawker, Drimones, Kasoff, Parisi, Norton
ABSENT: Manolio
RE SOL UTIO N 03-45
WHEREAS, the Englewood Cliffs Volunteer Fire Department has recommended the
appointment of Jennifer Dooly as a junior member of the Englewood Cliffs Volunteer Fire
Department;
NOW, THEREFORE BE IT RESOLVED that the Mayor and Council of the Borough
of Englewood Cliffs does bereby approve the membership of Jennifer Dooly as a junior member
of the Englewood Cliffs Volunteer Fire Department.
On a motion by xxxrm, seconded by xxxrm, Resolution 03-46 was offered for adoption:
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 03-46
WHEREAS, (AFLAC) can provide assurance that employees will rece ive individual
consultation and enro llment information from representatives of the company provi ding the plan;
and
NOW, THEREFORE, BE IT
RESOLVED, by the Governin g Body of the Borou gh of Englewood Cliffs does hereby
adopt the flexible henefits plan (consisting of the flexible benefits plan document , the Adopted
Agreement and component bene fit plans and policies) for the Borough of Englewood Cliffs.
On a motion by xxxxxxxx, seconded by xxxxxxx, R esolution 03-47 was offered for adoption:
ROLL CALL:
AYES: Plawker, Drimones, Kasoff, Parisi, Norton
ABSENT: Manolio
RESOLUTION 03-47
WHEREAS, the Borough of Englewoo d Cliffs has previously provided for a stipend to
the Volunteer Ambulance Corps of the Boro ugh of Englewood Cliffs ; and
WHEREAS, the Borough has prev iously adopted certain guide lines in regard to said
stipen d;
NOW, THEREFORE, BE IT
RESOLVED that further guidelines are established in regard to said stipend for the
Volunteer Ambulance Corps of the Borough of Englewood Cliffs pursuant to the attached
document and the Borough agrees to make payments in regard to same as of April I , 2003.
2003 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.)
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APRIL 23, 2003
On a motion by xxxxxxx, seconded by XXXD..-u, Resolution 03-48 was offered for adoption:
ROLL CALL:
AYES: Plawker, Drimones, Kasoff, Parisi, Norton
ABSENT: Manolio
RESOLUTION 03-48
WHEREAS, The statewide Victims' Rights Summit to be held on April 7, 2003, marks
the Crime Victims' Rights Week Kickoff event, which initiates the observance of Crime Victims'
Rights Week in the State of New Jersey from April 6 through ,13, 2003; and
WHEREAS, the theme for Crime Victims' Rights Week in the State of New Jersey and
throughout the nation for the year 2003 is "Victims Rights - Fulfill the Promise."
WHEREAS, The Borough of Englewood Cliffs is pleased to recognize and honor all
victims of crime and those activists who have demonstrated concern and compassion on behalf of
their fellow citizens who have been victimized by violent crime; and
WHEREAS, The Borough of Englewood Cliffs does hereby affirm its support of a
statewide and national commitment to violence reduction and victim assistance to help bring
criminals to justice, as well as increased efforts to protect citizens and safe guard the rights of
those who become victims of crime; and
On a motion by Parisi, seconded by Kasoff, re solution 03-49 was offered for adoption.
ROLL CALL:
AYES: Plawker, Drimones, Kasoff, Parisi, Norton
ABSENT: Manolio
RESOLUTION 03-49
BE IT RESOLVED, that the Borough Council of the Borough of Englewood Cliffs does
hereby authorize Mayor Parisi to sign a Developer's Agreement between the Borough of
Englewood Cliffs and Parkway Toyota.
On a motion by Drimones, seconded by Norton, resolution 03-57 was offered for adoption.
ROLL CALL:
AYES: Plawker, Drimones, Kasoff, Parisi, Norton
ABSENT: Manolio
RES OLUTION 2003-57
WHEREAS, 440 Associates , loc. has presented to United Water New Jersey an
application for an extension to its distributing system running on Sara Hill Lane, Englewood
Cliffs, New Jersey, consisting of 135 feet of 6-inch pipe;
RESOLVED, that the said extension be made and the same hereby is approved by the
Mayor and Council of the Borough of Englewood Cliffs.
On a motion by xxxx, seconded by xxxx, resolution 03-59 was offered for adoption.
ROLLCALL:
AYES: Plawker, Drimones, Kasoff, Parisi, Norton
ABSENT: Manolio
RESOLUTION 03-59
(b) said purpose or improvements are for the health , welfare, conv enience or
betterment of the inhabitants of the Boroug h;
(c) the amounts to be exp ended for said purpos e or improvements are not
unreasonable or exorbitant ; and
(d) the proposal is an effic ient and feasible mean; of providin g servi ces for
the needs of the inhabitant s of the Borou gh and will not create an undue
financial burden to be placed upon the Borou gh; and
WHEREAS, THE GOVERNING BODY OF THE BORO UGH has concluded that
the limitations as to the amounts of annual installments contained in the Local Bond Law will
adversely affe ct the financi al posi tion of the Borough .
Section 1. The Application to the Local Finance Bo ard is hereby approve d, and the
Borough' s Chief Financial Officer, Auditor and Bond Coun sel, along with other representatives
of the Borough, are hereby autho rized to prepare such Application, to me such applic ation with
the Local Finance Board and to represent the Borou gh in matters pertainin g thereto (including
any related matters which may arise in the course of the Local Finan ce Board ' s review of the
Appli cation).
Section 2. The Bo rough Clerk is hereby directed to prepare and file a copy of this
resolution with the Local Finance Board as part of such application.
ROLLCALL:
AYES: Plawker, Drimones, Kasoff, Parisi, Norton
ABSENT: Manolio
RESOLUTION 03-52,
WHEREAS, the Borough of Englewood Cliffs has received bids for the of; and
WHEREAS, the bids have been reviewed by the (Municipal Engineer Municipal
Attorney); and
WHEREAS, the Mayor and Council are desirous of awarding the contract to the bidder
providing the lowest cost to the Borough; and
WHEREAS, Pierce Manufacturing, Inc.. has provided the lowest total cost in the
amount of $507,022.00 and is the lowest responsible bidder for the Triple Combination Pumper;
and
WHEREAS, it is the recommendation of the Fire Chief that the contract be awarded to
Pierce Manufacturing, Inc.;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council does hereby
award the contract for the Triple Combination Pumper to Pierce Manufacturing, Inc., 2600
American Drive, Appleton, Wisconsin in the amount of $507,022.00 and that the Borough
Attorney is hereby authorized and directed to prepare the appropriate agreement therefor.
ORDINANCE 2003-08
Councilman Plawker 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 publisbed in the Press Journal on May 1, 2003.
The public hearing to be held on May 21, 2003. Motion was seconded by Councilwoman Norton.
The ordinance was approved at the first reading upon the call of the roll.
ROLL CALL:
AYES: Plawker, Drimones, Kasoff, Parisi, Norton
ABSENT: Manolio
On a motion by Plawker, seconded by Kasoff, res olution 03-63 was offered for adoption:
[At this point Councilman Parisi recused himself from this, 'p ortion of the meeting.]
ROLLCALL:
AYES: Pl awker, Drimones, Ka soff, N orto n
ABSENT: M anolio
RESOLUTION #03-63
WHEREAS, the Borough of Englewood Cliffs desires to constitute the 2003 Temporary
Capital Budget of said municipality by inserting therein the following project.
Section 1. The 2003 Temporary Capital Budget of the Borough of Englewood Cliffs is
hereby constituted by the adoption of the schedule to read as follows:
Method of Financing
Capital
Estimated Budget Imp. Capi tal
Proj ect: Total Cost Grants approFund FWld Surplus Bonds
Tax Appeal
Refunds 1,800,000 1,800,000
Section 2. The Clerk be and is authorized and directed to file a certified copy of this
resolution with the Division of Local Gove rnment Services Department of Community Affairs, State
of N ew Jersey, within three days after the adoption of this project for 2003 Temporary Capital
Budget, to be included in the 2003 Permanent Capital Budget as adopted.
ORDINANCE 2003-09 , .
Councilman Plawker moved the ordinance be given its first reading. So ordered.
The municipal clerk read the said ordinance by title. Co uncilman Plawker moved the ordinance
be adopted on first reading and pub lished in the Press Journal on May 1, 2003.
The public hearing to be held on May 21,2003. Mot ion was seconded by Counc ilwoman Drim ones.
The ordinance was appro ved at the first reading upon the call of the roll.
ORDINANCE 2003-05
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.
Diane Sank asked why the ordinance was necessary. The Municipal Clerk explained the
reason for the ordin ance .
After all interested parties had spoken on the ordinance, Councilman Plawker 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 Councilwoman Norton and adopted upon a call of the roll.
ROLL CALL:
AYES: Plawker, Drimones, Kasoff, Parisi, Norton
ABSENT: Manolio
ORDINANCE 2003-05
BE IT ORD AINED by the Mayor and Council of the Borough of Englewood Cliffs as follows:
Section I.
The first paragraph of Chapter 7, section 12 of the Revised General Ordinances of the
Borough of Englewood Cliffs be and is hereby amended so that same shall hereinafter read as
follows:
"Unless another penalty is expressly provided by New Jersey Statute, every person
convicted of a violation of a provision of this ordinance or any supplement thereto shall be liable
to a penalty of Twenty-nine ($29 .00) dollars for the first offense, and not more than fifty ($50.00)
dollars or imprisonment for a term not exceeding 15 days, or both, for any and all subsequent
offenses."
Section II .
All other parts, portions or provisions of Chapter 7-13 of the Revised General Ordinances
of the Borough of Englewood Cliffs are hereby confirmed and ratified.
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Sectio n m.
Should any part, portion or provision of this Ordinance be inconsistent with any other
part, portion or provision of Borough Ordinances, the provisions hereof shall supercede such
other provision.
Section IV.
The provisions hereof are deemed severable; should any part, portion or provision hereof
be deemed invalid or unconstitutional, said finding shall not affect any other part, portion or
provision not so determined to be invalid or unconstitutional.
Section V.
The provisions of the Ordinance shall take effect innnediately upon final passage and
publication according to law. '
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 o~ 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.
ORDINANCE 2003-07
The clerk presented affidavit of publication, showing that advertisement had been made according to
law, which was ordered filed. Councilwoman Norton moved a public hearing be held on the
ordinance. So ordered. Councilwoman Norton moved the clerk read the ordinance by title on
second reading. So ordered. The clerk thereupon read the ordinance by title. The mayor then
announced that all interested parties would now be given opportunity to be heard for or against the
adoption of the ordinance.
Diane Sank asked why Floyd Street was being done: Mayor Parisi said, to help stop the flooding.
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After all interested parties had spoken on the ordinance, Councilman Parisi moved
the hearing be closed. So ordered.
Councilwoman Norton moved the ordinance be adopted on second reading and final passage, which
motion was seconded by Councilman Kasoff and adopted upon a call of the roll.
ORDINANCE 2003-07
SECTI ON 3. (a) The improvement hereby authorized and the purpose for which
the bonds or notes are to be issued is to provide various improvements to Floyd Street in the
Borough including all work and materials necessary therefore and incidental thereto.
SECTION 4. All bond anticipation notes issued hereunder shall mature at such times as
may be determined by the Chief Financial Officer. 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 N.J.S.A. 40A:2-8(a). The Chief
Financial Officer is hereby authorized and directed to sell part or all of the notes from time to
time, at no less than par and accrued interest, at public or private sale and to deliver them to the
purchasers thereof upon receipt of payment of the purchase price plus 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 5. The capital budget or temporary capital budget (as applicable) of the
Borough is hereby amended to conform with the provisions of this bond ordinance and to the
extent of any inconsistency herewith. In the event of any such inconsistency and amendment, the
resolution in the form promulgated by the Local Finance Board showing full detail of the
amended capital budget or amended temporary capital budget (as applicable) 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.
SECTION 6. The following additional matters are hereby determined, declared, recited
and stated:
(a) The improvement or purpose described in Section 3 of this bond
ordinance is not a current expense. It is an improvement or purpose the Borough may lawfully
undertake as a general improvement, and no part of the cost thereof have 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 of the State of New Jersey. Such
statement shows that the gross debt of the Borough as defined in the Local Bond Law is increased
by the authorization of the bonds or notes provided in this bond ordinance by $185,000, and the
obligations authorized herein will be within all debt limitations prescribed by the Local Bond
Law.
(d) An aggregate amount not exceeding $35,000 for items of expense
listed in and permitted under N.J.S.A. 40A:2-20 is included in the estimated cost indicated herein
for the improvement or purpose.
(e) The Borough reasona bly expects to commence the purpose described
in Section 3 hereof, and to advance all or a portion of the costs in respect thereof, prior to the
issuance of bonds hereunder. To the extent such costs are advanced, the Borough further
reasonably expects to reimburse such expenditures from the proce eds of the bonds or notes
authorized by this bond ordinance, in an aggregate amount not to exceed the amount of bonds or
notes authorized in Section 2 hereof.
SECTION 7. Any grant money received for the purpos e described in section 3 hereof
shall be applied either to direc t payment of the cost of the improvement or to payment ofthe
obligations issued pursuant to this bond ordinance. The amount of obligations authorized
hereunder shall be reduced to the extent that such funds are so used.
SECTION 8. The full faith and credit of the Borough are. hereby pledged to the punctual
payment of the principal of and the interest on the bonds or notes authorized by this bond
ordinance. The obligations shall be direct, unlimited obligations of the Borough, and the Borough
shall be obligated to levy ad valorem taxes upon all the taxable real 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 Council of the Borough hereby covenants on behalf of the
Borough to take any action necessary or refrain from taking such action in order to preserve the
tax-e xempt status of the bonds and notes authorized hereunder as is or may be required under the
Internal Revenue Code of 1986, as amend ed, and the regulations promulgated thereunder (the
"Code"), including compli ance with the Code with regard to the use, expenditure, investment,
timely reporting and rebate of investment earnings as may be required thereunder.
SECTIO N 10. To the extent that any previous ordinance or resolution is inconsistent
herewith or contra dictory hereto , said ordinance or resolution is hereby repealed or amended to
the extent necessary to make it consistent herewith.
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.
PROCLAMATION
as
PROCLAMA TION
JUNE 2003
As
In Englewood Cliffs
PROCLAMAnON
WHEREAS, In 1872 J . Sterling Morton prop osed to the Ne braska Board of Agri culture
tha t a special day be set aside for the planting of tree s; and
WHEREAS, this holid ay, ca lled Arbor Day, was first observed with the planting of more
than a million trees in Nebraska; and
WHEREAS, 2003 is the 13 1" anni versary of the holiday and Arbor Day is now observed
thr oughout the nation and the wo rld; and
WHEREAS, trees can reduce the erosion of our precious top soil by wind and water, cut
hea ting and coo ling costs, moderat e the temperature, clean the air, produce life-giving oxygen,
and provide habitat for wild life; and
WHEREAS, trees are a renewable resource givin g us paper, wood for our home s, fuel
for our fire s, and beautify our comm unity ; and
WHEREAS, tree s wh erever they are planted, are a source of j oy and spiritual rene wal.
ARBOR D AY
in the Borough of Eng lewood Cliffs, and I urge all citizens to celebrate Arbor Day and to support
efforts to protect our trees and woo dlands; and
F URT HER, I urge all citizens to pla nt trees to gladden the hea rt and promote the well-
being of this and future generations.
COMMITTE E REPORTS :
No Report
Councilwoman Norton thanked the DPW for the great job they did in preparing the ball fields for
opening day.
On April 16"', Patrolman Morrisey celebrated his 13"' year on the police force.
The Police Department received a grant in the amount of$6,224 for Domestic Violence Training.
Chamber of Commerce will donate the Golf proceeds to the Englewood Cliffs Little League.
No Report
No Report
No Report
PUBLIC PORTION: On a motion by Norton, seconded by Plawker, the meeting was opened to the
public. Carried.
D iane Sank asked about the $ 1,800,000 refunding ordinance and why there was only 1 bid on the fire
truck .
James Bancroft asked if curbs would be installed on Summit street off Irving Avenue
Ms. Breen asked about the pipe that runs from CitiCorp under Hudson Terrace; C of C needs a new
flag on the comer of Palisade and 9W; Hudson Terrace needs to be cleaned up.
Ms. Sciacca asked about trees that were removed Palisade and Stratford Road .
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On a motion by Norton, seconded by Drimones, the public portion of the meeting was closed.
Carried.
On a motion by Norton, seconded by Drimones, the meeting was adjourned at 8:50, p.m.
ATTEST: APPROVED:
ALSO PRESENT:
ADEQUATE NOTICE OF rms MEETING WAS GNEN TO THE PRESS AND POSTED AS
REQUIRED. DATE AND TIME OF rats MEETING WAS LEGALLY GNEN 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 rats 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 03-60 was offered for adoption:
Roll Call:
Ayes: Plawker, Drimones, Kasoff, Parisi, Norton
Absent: Manolio
RESOLUTION 03-60
BE IT FURTHER RESOLVED, that said Budget be published in the Press Journal in the
issue of April 30, 2003; and '
BE IT FURTHER RESOLVED that a public hearing will be held on the budget on May
21,2003 at 8:00 p.m.
ROLLCALL:
AYES: Plawker, Kasoff, Parisi
ABSTAIN: Drimones, Norton
CLAIMS:
On a motion by Plawker, seconded by Drimones, the Claims for the month of April, 2003 were
ordered paid.
RESOLUTIONS:
On a motion by Kasoff, second ed by Plawker, Resolution 03-44 was offered for adoption:
ROLL CALL:
AYES: Plawker, Drimones, Kasoff, Parisi, Norton
ABSENT: Manolio
RESOLUTION 03-44
NOW, THEREFORE BE IT RESOLYED that the Mayor and Council of the Borough
of Englewood Cliffs does hereby approve the membership of Andrew Nikow as an active
member of the Englewood Cliffs Volunteer Fire Department.,
On a motion by Kasoff, seconded by Drimones, Resolution 03-45 was offered for adoptio n:
ROLL CALL:
AYES: Plawker, Drimones, Kasoff, Parisi, Norton
ABSENT: Manolio
RES OLUTION 03-45
WHEREAS, the Englewood Cliffs Volunteer Fire Department has recommended the
appointment of Jennifer Dooly as a junior member of the Englewood Cliffs Volunteer Fire
Department;
NOW, THEREFORE BE IT RESOLYED that the Mayor and Council of the Borough
of Englewood Cliffs does hereby approve the membership of Jennifer Dooly as a junior member
of the Englewood Cliffs Volunteer Fire Department.
On a motion by xxxxxxx, seconded by xxxxxxx, Re solution 03-46 was offered for adoption:
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 03-46
WHEREAS, (AFLAC) can provide assurance that employees will receive individual
consultation and enrollm ent information from represe ntatives of the company providing the plan;
and
NOW, THEREFORE, BE IT
RESOLVED, by the Governin g Body of the Borough of Englewood Cliffs does hereby
adopt the flexible benefit s plan (consisting of the flexible benefits plan document, the Adopted
Agree ment and component benefit plans and policies) for the Borough of Englewood Cliffs.
On a motion by xxxxxxxx, seconded by xxxxxxx, Resolution 03-47 was offered for adoption:
ROLL CALL:
AYES: Plawker, Drimones, Kasoff, Parisi, Norton
ABSENT: Manolio
WHEREAS, the Borough of Englewood Cliffs has previously provided for a stipend to
the Volunteer Amb ulance Corp s of the Boro ugh of Englewood Cliffs; and
WHEREAS, the Boro ugh has previously adopted certain guidelines in regard to said
stipend;
NO W, THEREFORE, BE IT
RESOLVED that further guidelines are established in regard to said stipend for the
Volunteer Ambulance Corps of the Borough of Englewood Cliffs pursuant to the attached
document and the Borough agrees to make payments in regard to same as of April I , 2003 .
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On a motion by xxxxxxx, seconded by xxxxxxx, Resolution 03-48 was offered for adoption:
ROLL CALL:
AYES: Plawker, Drimones, Kasoff, Parisi, Norton
ABSENf: Manolio
RES OLUTION 03-48
WHEREAS, The statewide Victims' Rights Summit to be held on April 7, 2003, marks
the Crime Victims' Rights Week Kickoff event, which initiates the observance of Crime Victims'
Rights Week in the State of New Jersey from April 6 throughl S, 2003; and
WHEREAS, the theme for Crime Victims' Rights Week in the State of New Jersey and
throughout the nation for the year 2003 is "Victims Rights - Fulfill the Promise."
WHEREAS, The Borough of Englewood Cliffs is pleased to recognize and honor all
victims of crime and those activists who have demonstrated concern and compassion on behalf of
their fellow citizens who have been victimized by violent crime; and
WHEREAS, The Borough of Englewood Cliffs does hereby affirm its support of a
statewide and national commitment to violence reduction and victim assistance to help bring
criminals to justice, as well as increased efforts to protect citizens and safe guard the rights of
those who become victims of crime; and
On a motion by Parisi, seconded by Kasoff, r esoluti on 03-49 was offered for adoption.
ROLLCALL:
AYES: Plawker, Drimones, Kasoff, Parisi, Norton
ABSENT: Manolio
RESOLUTION 03-49
BE IT RESO LVED, that the Borough Council of the Borough of Englewood Cliffs does
hereby authorize Mayor Parisi to sign a Developer' s Agreement between the Boroug h of
Englewood Cliffs and Parkway Toyota.
On a motion by Drimones, seconded by Norto n, resolution 03-57 was offered for adoption.
ROLL CALL:
AYES: Plawker, Drimones, Kasoff, Parisi, Norton
ABSENT: Manolio
RESOLUTION 2003-57
WHEREAS, 440 Associates, Inc. has presented to United Water New Jersey an
application for an extension to its distributing system running on Sara Hill Lane, Englewood
Cliffs, New Jersey, consisting of 135 feet of 6-inch pipe;
RESOLVED, that the said extension be made and the same hereby is approved by the
Mayor and Council of the Borough of Englewood Cliffs.
On a motion by xxxx, seconded by xxxx, resolution 03-59 was offered for adoption.
ROLL CALL:
AYES: Plawker, Drimones, Kasoff, Parisi, Norton
ABSENT: Manolio
RESOLUTION 03-59
(b) said purpose or improvement s are for the health, welfare, convenience or
betterment of the inhabitants of the Borough;
(c) the amounts to be expended for said purpose or improvements are not
unreasonable or exorbitant; and
,
(d) the proposal is an efficient and feasible means of providing services for
the needs of the inhabitants of the Borough and will not create an undue
financial burden to be placed upon the Borough; and
Section 1. The Application to the Local Finance Board is hereby approved, and the
Borough's Chief Financial Officer, Auditor and Bond Counsel, along with other represe ntatives
of the Borough, are hereby authorized to prepare such Application, to file such application with
the Local Finance Board and to represent the Borough in matters pertaining thereto (including
any related matters which may arise in the course of the Local Finance Board 's review of the
Application).
Section 2. The Borough Clerk is hereby directed to prepare and file a copy of this
resolution with the Local Finance Board as part of such application.
On a motion by Kasoff, seconded by Drimones, resolution 03-52 was offered for adoption.
ROLL CALL:
AYES: Plawker, Drirnones, Kasoff, Parisi, Norton
AB SENT: Manolio
RE SOLUTION 03-52 ,
RE : AWARDBID- FlRETRUCK
WHEREAS, the Borough of Englewood Cliffs has received bids for the of; and
WHEREAS, the bids have been reviewed by the (Municipal Engineer Municipal
Attorney); and
WHEREAS, the Mayor and Council are desirous of awarding the contract to the bidder
providing the lowest cost to the Borough; and
WHEREAS , Pierce Manufacturing, Inc.. has provided the lowest total cost in the
amount of $507,022.00 and is the lowest responsible bidder for the Triple Combination Pumper;
and
WHEREAS, it is the recommendation of the Fire Chief that the contract be awarded to
Pierce Manufacturing, Inc.;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council does hereby
award the contract for the Triple Combination Pumper to Pierce Manufacturing, Inc., 2600
American Drive, Appleton, Wisconsin in the amount of $507,022.00 and that the Borough
Attorney is hereby authorized and directed to prepare the appropriate agreement therefor.
ORDINANC E 2003-08
Councilman Plawker 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 May 1, 2003.
The public hearing to be held on May 21,2003. Motion was seconded by Councilwoman Norton.
The ordinance was approved at the first reading upon the call of the roll.
.
,
ROLL CALL:
AYES: Plawker, Drimones, Kasoff, Parisi, Norton .
ABSENT: Manolio
On a motion by Plawker, seconded by Kasoff, resolution O~-63 was offered for adoption:
[At this point Councilman Parisi recused himself from this portion ofthe meeting.]
ROLLCALL:
AYES: Plawker, Drimones, Kasoff, Norton
ABSENT: Manolio
RESOLUTION #03-63
WHEREAS, the Borough of Englewood Cliffs desires to constitute the 2003 Te mporary
Capital Budget of said municipality by inserting therein the following project.
Section I. The 2003 Temporary Capital Budget of the Borough of Englewood Cliffs is
hereby constituted by the adoption of the schedule to read as follows:
Method of Financing
Capital
Estimated Budget Imp. Capital
Project: Total Cost Grants approFund Fund Surplus Bonds
Tax Appeal
Refund s 1,800,000 1,800,000
Section 2. The Clerk be and is authorized and directed to me a certified copy of this
resolution with the Division ofLocal Government Services Department of Community Affairs, State
of New Jersey, within three days after the adoption of this project for 2003 Temporary Capital
Budget, to be included in the 2003 Permanent Capital Budget as adopted.
ORDINANCE 2003-09
Councilman Plawker 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 May 1,2003.
The public hearing to be held on May 21, 2003. Motio n was seconded by Councilwoman Drimones.
The ordinance was approved at the first reading upon the call of the roll.
ORDINANCE 2003-05
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.
Diane Sank asked why the ordinance was necessary. The Municipal Clerk explained the
reason for the ordinance.
After all interested parties had spoken on the ordinance, Councilman Plawker 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 Councilwoman Norton and adopted up,on a call of the roll.
ROLLCALL:
AYES: Plawker, Drimones, Kasoff, Parisi, Norton
ABSENT: M anolio
ORDINANCE 2003-05
BE IT ORDAINED by the Mayor and Council of the Borough of Englewood Cliffs as follows:
Sectio n I,
The first paragraph of Chapter 7, section 12 of the Revised General Ordinances of the
Borough of Englewood Cliffs be and is hereby amended so that same shall hereinafter read as
follows:
"Unless another penalty is expressly provided by New Jersey Statute, every person
convicted of a violation of a provision of this ordinance or any supplement thereto shall be liable
to a penalty of Twenty-nine ($29.00) dollars for the first offense, and not more than fifty ($50.00)
dollars or imprisonment for a term not exceeding 15 days, or both, for any and all subsequent
offenses."
Secti on II .
All other parts, portions or provisions of Chapter 7-13 of the Revised General Ordinances
of the Borough of Englewood Cliffs are hereby confirmed and ratified.
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Sectio n m .
Should any part, portion or provision of this Ordinance be inconsistent witb any other
part, portion or provision of Borough Ordinances, the provisions hereof shall supercede such
other provision.
Section IV .
The provisions hereof are deemed severable; should any part, portion or provision hereof
be deemed invalid or unconstitutional, said finding shall not affect any other part, portion or
provision not so determined to be invalid or unconstitutional.
Section V.
The provisions of the Ordinance shall take effect immediately upon final passage and
publication according to law. .
BE IT F URTHER 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 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.
ORDINANCE 2003-07
The clerk presented affidavit of publication, showing that advertisement had been made according to
law, which was ordered filed. Councilwoman Norton moved a public hearing be held on the
ordinance. So ordered. Councilwoman Norton moved the clerk read the ordinance by title on
second reading. So ordered. The clerk thereupon read the ordinance by title. The mayor then
announced that all interested parties would now be given opportunity to be heard for or against the
adoption of the ordinance.
Diane Sank asked why Floyd Street was being done: Mayor Parisi said, to help stop the flooding.
2003 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS
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After all interested parties had spoken on the ordinance, Councilman Parisi moved
the hearing be closed. So ordered.
Councilwoman Norton moved the ordinance be adopted on second reading and final passage, which
motion was seconded by Councilman Kasoff and adopted upon a call of the roll.
ORDINANCE 2003-07
SECTION 3. (a) The improvement hereby authorized and the purpose for which
the bonds or notes are to be issued is to provide various improvements to Floyd Street in the
Borough including all work and materials necessary therefore and incidental thereto.
SECTION 4. All bond anticipation notes issued hereunder shall mature at such times as
may be determined by the Chief Financial Officer. The notes shall bear interest at sucb 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 N.J.S.A. 40A:2-8(a). The Chief
Financial Officer is hereby authorized and directed to sell part or all of the notes from time to
time, at no less than par and accrued interest, at public or private sale and to deliver them to the
purchasers thereof upon receipt of payment of the purchase price plus 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 5. The capital budget or temporary capital .budget (as applicable) of the
Borough is hereby amended to conform with the provisions of this bond ordinance and to the
extent of any inconsistency herewith. In the event of any such inconsistency and amendment, the
resolution in the form promulgated by the Local Finance Board showing full detail of the
amended capital budget or amended temporary capital budget (as applicable) 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.
SECTION 6. The following additional matters are hereby determined, declared, recited
and stated:
(a) The improvement or purpose described in Section 3 of this bond
ordinance is not a current expense. It is an improvement or purpose the Borough may lawfully
undertake as a general improvement, and no part of the cost thereof have 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 of the State of New Jersey. Such
statement shows that the gross debt of the Borough as defined in the Local Bond Law is increased
by the authorization of the bonds or notes provided in this bond ordinance by $185,000, and the
obligations authorized herein will be within all debt limitations prescribed by the Local Bond
Law.
(d) An aggregate amount not exceeding $35,000 for items of expense
listed in and permitted under NJ.S.A. 40A:2-20 is included in the estimated cost indicated herein
for the improvement or purpose.
SECTION 7. Any grant money received for the purpose described in section 3 hereof
shall be applied either to direct payment of the cost of the improvement or to payment of the
obligations issued pursuant to this bond ordinance. The amount of obligations authorized
hereunder shall be reduced to the extent that such funds are so used.
SECTION 8. The full faith and credit of the Borough are hereby pledged to the punctual
payment of the principal of and the interest on the bonds or notes authorized by this bond
ordinance. The obligations shall be direct, unlimited obligations of the Borough, and the Borough
shall be obligated to levy ad valorem taxes upon all the taxable real properly 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 Council of the Borough hereby covenants on behalf of the
Borough to take any action necessary or refrain from taking such action in order to preserve the
tax-exempt status of the bonds and notes authorized hereunder as is or may be required under the
Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder (the
"Code"), including compliance with the Code with regard to the use, expenditure, investment,
timely reporting and rebate of investment earnings as may be required thereunder.
SECTION 10. To the extent that any previous ordinance or resolution is inconsistent
herewith or contradictory hereto, said ordinance or resolution is hereby repealed or amended to
the extent necessary to make it consistent herewith.
SECTION 11. This bond ordinance shall take effect twenty (20) days after the first
publication thereof after [mal adoption, as provided by the Local Bond Law.
PROCLAMATION
as
PR OCLAMATION
JUNE 2003
As
PROCLAMATION
WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more
than a million trees in Nebraska; and
WHEREAS, 2003 is the 131" anniversary of the holiday and Arbor Day is now observed
throughout the nation and the world; and
WHEREAS, trees can reduce the erosion of our preci ous topsoil by wind and water, cut
heating and cooling costs, moderate the temp erature, 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 community; and
WHEREAS, trees wherever they are planted, are a source ofjoy 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.
COMMITTEE REPORTS:
No Report
Councilwoman Norton thanked the DPW for the great job they did in preparing the ball fields for
opening day.
On April 16"', Patrolman Morrisey celebrated his 13"' year on the police force.
The Police Department received a grant in the amount of $6,224 for Domestic Violence Training.
Chamber of Commerce will donate the Golf proceeds to the Englewood Cliffs Little League.
No Report
No Report
No Report
PUBLIC PORTION: On a motion by Norton, seconded by Plawker, the meeting was opened to the
public. Carried.
Diane Sank asked about the $ 1,800,000 refunding ordinance and why there was only I bid on the fire
truck.
James Bancroft asked if curbs would be installed on Summit street off Irving Avenue
Ms. Breen asked about the pipe that runs from CitiCorp under Hudson Terrace; C of C needs a new
flag on the corner of Palisade and 9W; Hudson Terrace needs to be cleaned up.
Ms. Sciacca asked about trees that were removed Palisade and Stratford Road.
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On a motion by Norton, seconded by Drimones, the public portion of the meeting was closed.
Carried.
On a motion by Norton, seconded by Drimones, the meeting was adjourned at 8:50, p.m.
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 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 Norton, seconded by Drim ones, resolution 03-65 was offered for adoption:
Roll Call:
Ayes : Plawker, Manolio, Drimones, Kasoff, Parisi, Norton,
RESOLUTION 03-65
WHEREAS, N.J.S.A. 10:4-12 allows for a public body to go into closed sess ion 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 disc uss 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:
Public Safety and Personnel
MINUTES OF THE: Special Meeting of April 9, 2003; Caucus Meeting of April 23, 2003 and
Regular Meeting of April 23, 2003 were placed on the Regular Agenda for approval.
Letter from Alan Marcus, Construction Official, regarding change of title of Cootrol
Person to Technical Assistant to the Construction Official.
OLD BUSINESS:
Councilman Parisi: Inquired about the ongoing water situation on Priscilla and Jane
Drive. There is a meeting scheduled for May 28, 2003 at 10:00
AM. He requested that Councilwoman Norton replace him at the
meeting.
NEW BUSINESS:
Councilwoman Norton: Councilwoman Norton discussed the location of the entrance to the
dog run. She was concerned that some of the dogs can be
intimidating to children and adults as they are passing on their way
to the run. Councilman Plawker agreed. It was suggested that the
borough investigate moving the entrance to the dog run.
Councilman Plawker: Requested that the Engineer 'investigate a railroad tie wall at 55
Elm Street.
ADJOURN: On a Motion by Plawker, seconded by, Manolio the meeting was adjourned at 7:50 PM
AITEST: APPROVED:
ALSO PRESENT:
AD1OQUAT1O NOTIC1O OF rms MIOIOTING WAS GIVEN TO TIffi PRIOSS AND POST1OD AS
RIOQUIRED. DATIO AND TIMIO OF TmS MIOHING WAS L10GALLY GIVEN AS RIOQUIRED
BY TIffi "OP1ON PUBLICMIOHINGS ACT."
TillS NOTIC1O IS ON FIL10 WITH TRIO MUNICIPAL CL10RK AND POST1OD ON THE
BULLIOTIN BOARD.
MINUT10S OF rms M1010TING WILL B10 MAD10 AVAILABL10 TO TIffi PUBLIC UPON TRIO
COMPL1OTION OF TYPING AND PROOFRIOADING BY TRIO MUNICIPAL CL1ORK.
On a motion by Plawker, seconded by Drimones, a public hearing was opened on the 2003
Municipal Budget Carried.
On a motion by Drimones, seconded by Plawker, the public meeting.was ordered closed. Carried.
On a motion by Plawker, seconded by Norton , resolution 03-64 was offered for adoption:
ROLLCALL:
AYES: Plawker, Manolio, Drimones , Kasoff, Parisi, Norton
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:
(a) $6,864,044.98 For municipal purpose s.
CL AIMS:
On a motion by Plawker, seconded by Drimones, the Claims for the month of May, 2003 were
ordered paid.
On a motion by Plawker, seconded by Drimones, resolution 03-68 was offered for adoption:
Roll Call:
Ayes: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 03-68
TITLE: ESTIMATE #1
to Gotthold Paving for work completed on the Sewer Rehabilitation of Various Streets,
Stage 5.
RESOLUTIONS:
On a motion by Plawker, seconded by Drimones, Resolution 03-61 was offered for adoption:
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 03-61
WHEREAS, N.J.S.A. 40A:5-4 requires the gov erning body of every local unit to bave
made an annual audit of its books, accounts and financial transactions, and
WHEREAS, The Annual Re port of Audit for the year 2002 bas been filed by a Regist ered
Municipal Ac countant with the M unicipal Clerk as per the requirem ents of N.J .S.A. 40A:5-
6, and a copy bas been received by each member of the governing body, and
WHEREAS, the Local Finance Board oftbe State of New Jersey is authorized to prescribe
reports pertaining to the local fiscal affairs, as per R.S. 52: 27BB-34, and
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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 reviewed as a minimum
the Annual Report of Audit, and specifically the sections ofthe annual Audit entitled:
,
General Comments
Recommend ations
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 governing body to the penalty
provisions of R.S . 52:27BB-52 - to wit:
On a motion by Manolio, seconded by Kasoff, Resolution 03-66 was offered for adoption:
RESOLUTION 03-66
BE IT RESOLVED , that the Borough Council of the Borough of Englewood Cliffs does
hereby authorize the Municipal Clerk to advertise Ordinance 03-06:
,
AN ORDINANCE PROVIDING FO~ DEFENSE AND
INDEMNIFICATION OF MUNICIPAL OFFICIALS AND EMPLOYEES
For a Public Hearin g on June 18, 2003 , 8:00 PM Borough Hall, Englewood Cliffs,
NJ. Introduced at the public meeting of the Mayor and Council, March 19, 2003 .
RESOLUTION 03-67
BE IT RESOLVED , that the Borough Council of the Borough of Englewood Cliffs does
hereby appoint Marline Manolio, Technical Assistant to the Construction Official as per the
direction of the Department of Community Affairs which has advised that the position of Control
Person is no longer in effect and is being replaced by Technical Assistant to the Construction
Official.
ORDINANCE 2003-08
AN ORDiNANCE FIXING SALARIES AND WAGES
The deputy clerk presented affidavit of publication, sbowing that advertisement had been made
according to law, which was ordered filed. Mr. Parisi moved' a public hearing be held on the
ordinance. Ms. Drimones seconded the motion. So ordered. Mr. Parisi moved the clerk read the
ordinance by title on second reading. So ordered. The clerk thereupon read the ordinanc e by title.
On a motion by Parisi, seconded by Drimones, the following amendment was offered to ordinance
2003-0 8:
SECTION II.
C. (Deleted)
The mayor then announced that all interested parties would now be given opportunity to be heard for
or against the adoption of the ordinance as amended.
After ample opportunity had been given and no one responding Mr. Manolio moved the hearing be
closed. So ordered.
Mrs . Norton moved the ordinance be adopted on second reading and final passage , which motion
was seconded by Mr. Kasoff and adopted upon a call of the roll.
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
SECTION I. The following salaries, wages and/or compensation shall be paid to the
respective employees of the Borough of Englewood Cliffs, for the year 2003, as set forth
below:
SECTION II.
SCHED ULE A
SCHEDULEB
ORDINANCE 2003-09
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. Mrs. Norton moved the clerk read the ordinance by title on second reading. So ordered.
The clerk thereupon read the ordinance by title. The mayor then announced that all interested parties
would now be given opportunity to be heard for or against the adoption of the ordinance.
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Councilman Parisi excused himself and left the room during this portion of the meeting.
Mrs . Sank asked about the reason for the bond ordinance. Mr. Steve Wielkotz, Auditor for
the Borough of Englewood Cliffs, explained that the purpose of the ordinance was to fund
the payments to various property owners within the borough that were awarded refunds due
to their tax appeal s against the borough.
After all.interested parties had spoken on the ordinance, Mr. Mano lio moved the hearing be closed.
~~~ ,
Mr. Plawker moved the ordinance be adopted on second. reading and final passage, which
motion was seconded by Mrs. Norton and adopted npon a caD of the roD.
ROLLCALL:
AYES: Plawker, Mano lio, Drimones, Kasoff, Norton
(REMOVED): Parisi
Section 1. The Borough of Englewood Cliffs, in the County of Bergen, New Jersey
(the "Borough") is hereby authorized to pay an aggregate amount not exceeding $1,800,000 for
amounts owed by the Borough to the owners of various properties for taxes levied in the Borough
as more particularly described on the List of Owners and Properties involved in Tax Appeals
available for inspection in the office of the Borough Clerk, which list is hereby incorporated by
reference as if set forth at length herein. .
Section 2. An aggregate amount not exceeding $17,500 for items of expense listed
in and permitted under NJ.S .A. 40A :2-51(b) has been included in the aggregate principal amount
of refunding bonds authorized herein.
Section 3 . In order to finance the cost of the project describ ed in Section I hereof,
negotiable refunding bonds are hereby authorized to be issued in the principal amount of
$1,800,000 pursuant to the Local Bond Law .
Section 4. In anti cipation of the issuance of the refunding bonds, negotiable bond
anticipation notes are hereby authorized to be issued pursuant to and within the limitations
prescribed by the Local bond Law . All refunding bond anticipation notes issued hereunder shall
mature at such times as may be determined by the chief financial officer, provided that no note
shall mature later than one year from its date. 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
offic er shall determine all maters in connection with notes issued pursuant to this ord inance, and
the chief financial officer' s signature upon the notes shall be conclusive evidence as to all such
determinations.
All notes issued hereund er may be renewed from time to time , but all such note s
including renewals shall mature and be paid no later than the tenth anniversary of the date of the
ori ginal notes; provi ded, however, that no notes shall he renewed heyond the first or any
succ eeding anniversary date of the original notes unless an amount of such notes, at least equal to
the first legally payable installm ent of the bonds in anticipation of which the note s are issued,
determined in accordance with the maturity schedule for the bonds approved by the Local
Fin ance Board , is paid and retired on or before such anni versary date; and provided, further, that
the period durin g which the bond anticipation notes and any renewals thereof and any permanent
bonds are outstandin g, shall not exceed the period set for the maturity ofthe bon ds by the Local
Finance Board.
The chief financial officer is hereby auth orized to sell part or all of the notes from time to
time at publi c or private sale and to deliver them to the purchasers there of upon receipt of
payment of the purchase price plus accrued interest from their dates to the date of delivery
thereof. The chief financ ial officer is directed to report in writing to the governi ng bod y at the
meeting next succeeding the date when any sale or delivery of the note s pur suant to this
ordinance is made. Such report must includ e the amount, the description, the interest rate and the
maturity schedule of the notes sold , the price obtained and the name of the purchaser.
Section 6. Thi s bond ordinance shall take effect 20 days afte r the first publi cation
thereof afte r final adoption, as provided by the Local Bond Law, provided that the consent of the
Local Finance Board has been endorsed upon a certified copy of thi s ordin ance as finally adopted.
COMMITTEE REPORTS:
Councilman Kasoff reported that the Englewood Cliffs Fire Department assisted the Englewood
Police in locating a gun, used in a car jacking that took place in Englewood and ended with the
apprehension of the suspect on the Pali sade Interstate Parkw ay.
Councilwoman Norton thanked the Assemhly Restaurant for their donation to the Little League. The
field is very active. Opening day was great. Bobby Vale ntine was a celebrity guest. Tennis courts are
also active; keys can be purchased at Borough Hall. Mrs . No rton then thanked Rodney Bialko and
Jim Billington for all of their help at Witte field regarding , opening day. She then referred to
Councilwoman Drimones for the summer camp update.
Councilman Parisi noted that Pt!. Coletta completed 15 years with the Englewood Cliffs Police Dept.
and that Sgt. LaRa ia earned a Masters Degree. Walter Gundel has served 40 years on the Ambulance
Corps. The Chamher of Commerce golf outing raised $ I,73 p.00 for the Eng lewood Cliffs Little
League. There will be a special meeting of the Planning Board on May 27, 2003 , regarding the
Master Plan.
Co uncilman Plawker stated that the tree planting headed up by the Shade Tree Co mmission was very
successful. Very few trees remain for sale. There will be an additiona l planting for the Bayview Park
and Witte Field in the fall.
Councilwoman Drimones reported that the directors of the summer camp program had their initial
planning meeting. Summer Camp is scheduled to open June 30, 2003, and will run through the S'" of
August.
COUNCILMAN MANOLIO: DPW, Building & Groun ds, Recycling, Bd. OfAdj.
Councilman Manolio thanked the council for the fiuit basket sent to his hom e while he was
recuperating from a fall that injured ills ankle.
No Report
Mr. Hipolit reported that Irving Avenue should be paved by tbe following week. The Sanitary Sewer
stage 5 and 6 are progressing. The east side of Van Nostrand Avenue near Hudson Terrace is paved;
there are curbs as well. The Gas Company installed their connections underground on Van Nostrand
Avenue. Gotthold paving would like to submit a price to address the drainage on Castle and Jenkins.
NEW BUSINESS:
O n a m otion b y Pari si, seconded b y Kasoff, the Mayor and Council o f Englewood Cliffs,
recognizing th at they are now in the process of devel op in g a pl an to undertake major
renovations to th e Boro ugh H all, agreed that the possibility of acquiring properti es
adjacent to the Municipal Complex be cons idered when outlining reconstructi on
parameters to p otential architects.
Mrs . Goldscbieder stated that she needs a letter from the town to open her street in order to receive
gas delivery.
Mr. Hipolit responded that the street does not yet belong to the borough .
Mrs. Wassel addressed the Mayor regarding her taxes. She stated that she has appealed her taxes.
Mr. Corriston responded that she was in the legal process for tax appeal and that was the correct
course.
Mrs. Breen spoke about replacing the curbs with Belgium block.
Mr. Madison inquired about the use of gravel at the proj ect on Jenkins Drive.
Ms. Sciacca asked for the names of the Health Inspector and the Health Officer.
On a motion by Norton, seconded by Plawker, the public portion of the meeting was closed. Carried.
On a motion by Manolio, seconded by Norton, the meeting was adjonrned at 9:30 PM.
ATTEST: APPROVED:
Adequate notice of this meetin g 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 Manoli o, resolution 03-76 was offered for adoption.
Roll Call:
Ayes: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 03-76
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 N.J.S .A. 10:4-
12:
The Mayor and Council went into closed session at 6:35 p.m. Open session reconvened at 7:20 p.m.
MINUTES OF THE: Caucus Meeting of may 21, 2003 and Regular Meeting of May 21, 2003
were placed on the Regular Agenda for approva l.
Counci lman Parisi and Councilwomen Drimones and Norton stated that they would
investigate the request of the students and report back. Placed on the regular agenda for
more discussion.
Shade Tree Commission: Request for Policy wh en Shade Tree uproots sidewalks
The Shade Tree Commission was authorized to contact the residents and relate to
them that the sidewalks may be removed at their expense.
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Borough Engineer: Estimate #2, G otthold paving, Stage S, Sanitary Sewer Improvement
Resolution 03-77, authorizing payment, was placed on the regular agenda for approval.
ADJOURN:
On a motion by Norton, seconded by Drimones, the Caucus Meeting was adj ourned at 7:45 p.m.
Carried.
ATTEST: APPROVED:
ALSO PRESENT:
ADEQUATE NOTICE OF rms 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 rms MEETING WILL BE MADE AVAILABLE TO THE PUBLIC UPON THE
COMPLET ION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.
COMMUNICATIONS:
Upon receipt of all costs from the Borough Engineer, all involved residents will be notified
and asked to attend a meeting to attempt to resolve the problem.
CLAIMS:
On a motion by Plawker, seconded by Manolio, the Claims for the month of June, 2003 were ordered
paid. .
RESOLUTIONS:
On a motion by Kasoff, seconded by Manolio, R esolution 03-69 was offered for adoption:
ROLL CALL:
AYES: Plawker, Murphy, Drimones, Kasoff, Parisi, Norton
RESOLUTION 03-69
WHEREAS, the Eng lewood Cliffs Volunteer Fire Department has recommended the
appointment of Nicholas J. Drimones as an active member of the Englewood Cliffs Volunteer
Fire Department; .
NOW, THEREFORE BE IT RESOLVED that the Mayor and Counc il of the Borough
of Englewood Cliffs does hereby approve the membership of Nicholas 1. Drimones as an active
member of the Eng lewoo d Cliffs Vol unteer Fire Department.
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 03-70
WHEREAS, the Englewoo d Cliffs Volunteer Fire Department has recomm ended the
appointment of Robert A. Agresta as an active memb er of the Englewo od Cliffs Volunteer Fire
Department;
NOW, THEREFORE BE IT RESOLVED that the Mayor and Council of the Borough
of Eng lewood Cliffs does hereby approve the membership of Robert A. Agresta as an active
member of the Englewood Cliffs Voluntee r Fire Department.
On a motion by Drimones, seconded by M anolio, Resolution 03-71 was offered for adoption:
ROLLCALL:
AYES: Plawker, Mano lio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 03-71
WHEREAS, the Borough of Englewood Cliffs has entered into a Three Year
Cooperative Agreement with the County of Bergen as provided under the Interlocal Services Act,
N.J.S.A. 40A:8A-I et seq. And Title I of the Housing and Community Develo pment Act of 1974;
and
On a motion by Kasoff, seconded by Norton, Resolntion 03-72 was offered for adoption:
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 03-72
BE IT RESOLVED, that the Borough Council of the Borough of Englewood Cliffs does
hereby authorize the Mayor and Municipal Clerk to sign a Grant Application from the N.J.D.O.T.
for Local Aid for the year 2004 for the Improvement ofFloyd Street.
On a motion by Plawker, seconded by Parisi, Resolntion 03-73 was offered for adoption:
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 03-73
WHEREAS, the Borough of Englewood Cliffs owns certain real property known and designated
as Lot 12, in Block i2 2 of the Tax Maps of the Borough of Englewood Cliffs and which is
comprised of approximately 1100 square feet; and
WHEREAS, said property is not otherwise dedicated or restricted pursuant to law; and
2003 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.)
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03-136
JUNE 18, 2003
WHEREA S, N.J .S.A.40A:12-13 authorizes the Borough of Englewood Cliffs to sell real
property in such cases by means of resolution and public bid; and
WHEREAS, the Borough wishes to sell said property pursuant to the provisions of N.J .S.A.
40A:12-13(5); and
WHEREAS, pursuant to the provisions cited, the Borough of Englewood Cliffs may fix a
minimum price and reserve the right to reject all bids which do not equal or exceed said minimum
price; and
WHEREAS, the provisions of N.J .S.A.40A:12-13 allow the imposition by the Borough of
Englewood Cliffs of conditions of said sale; and
WHEREAS, John F. Cattanach, the municipal appraiser has advised the Borough of the value of
said property;
BE IT FURTHER RESOLVED that the minimum price for said sale shall be $25,750.00; and
BE IT FURTHER RE SOL VED that the Borough reserves the right to reject any and all bids
that do not meet the minimum price; and
BE IT F URT HE R RESOLVED that the Borough Clerk shall advertise said sale in the Bergen
Record by two insertions once a week during two consecutive weeks the last publication to be not
earlier than seven (7) days prior to such sale.
On a motion by Drimones, seconded by Manolio, resolution 03-74 was offered for adoption.
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 03-74
WHEREAS, application for Plenary Retail Consumption Licenses bave been made by the
follo wing and;
NOW, THEREF ORE BE IT RESOLVED, that the Municipal Clerk be and be is hereby
authoriz ed and directed to issue a Plenary Reta il consumption License to the follow ing applicants,
subject to payment of the proper fees as set forth in the Borough Ordinance.
On a motion by Manolio, seconded by No rton, reso lution 03-77 was offered for ado ption.
RO LL CALL:
AYES: Plawker, Manolio, Drim ones, Kasoff, Parisi, Norton
to Gotthold Paving for work completed on the Sewer Rehab ilitation of Various Streets,
Stage 5.
ROLLCALL :
AYE S: Plawker, M anolio, Drimones, Kasoff, ,Parisi, Norton
RESOLUTION 03-78
BE IT RESOL YED, th at the Mayor and Council of the Bo rough of Engl ew o od Cliffs
does hereb y authorize th e Municipal Engineer, Bosw ell M cClave, to finalize costs, as a
change order, for Storm water Improvement on Jenkins D rive and Castle.
2003-06
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 all interested parties had spoken on the ordinance, Councilman Manolio moved the hearing be
closed. So ordered.
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Pari si, Norton
ORDINANCE 2003-06
SECTION I.
A. Defense of Civil Actions. Whenever any civil proceeding has been brought
against any official or employee of the Borough of Englewood Cliffs for any action or omission
within the scope of the performance of the duties of such office, position, or employment, the
Borough upon request, shall defray all costs of defending such action, including reasonable
counsel fees and expenses, together with costs of appeal, if any. The official or employee may be
indemnified for all such costs of defense resulting form the official's or employee's civil violation
of State or Federal law, if, in the opinion of the governing body, the acts committed by the
official or employee upon which the claims are based did not constitute actual fraud, actual fraud,
actual malice, willful misconduct or an intentional wrong.
B. Pavment of Claims. The Borough shall indemnify and save harmless each
official or employee from financial loss resulting from any action described above in this section,
including claims, losses, expenses, judgment, attorney's fees, court costs and expert or technical
witness reasonably incurred in connection therewith to the extent permitted by law. Expenses
thus incurred may be paid in advance of final disposition of the action.
C. This ordinance shall apply retroactively to any and all causes of action
occurring prior to this date including any pending causes of action.
SECTION II. Any prior ordinances or parts of prior ordin ances inconsistent with the
provisions of this Ordinance are hereby repealed.
SECTION ill. The terms of this Ordinance are hereby declared severable . Should any
part , portion or provision of this Ordinan ce be deemed invalid or unco nstitutional, said
determin ation shall not effect any other part, portion or provision not held to be invalid.
SECTION IV. Thi s Ordinance shall take effect immediately upon [mal passage
acc ording to law.
COMMIITEE REPORTS:
Councilman welcomed the two newly appointed firemen: He was glad to see more young
People getting actively involved in their community.
Councilman Parisi announced the Sgt. LaRaia and Sgt. Speidel have been on the
force for 17 years. Ptl. Tracy and Ptl, Boccher have finished their first year of
service.
The Click and Ticket program produced 197 summons and 74 oftbem were for no
seat belts.
The Councilman congratulated ChiefWbiting and Sgt. Regan for a very successful
Bike rodeo.
A very successful program was held at the school for parents and their children,
which was entitled "Escape Program".
Councilwoman Norton reported that the Little League and Girls Softball Programs had
ended. Many children had participated in both programs.
The tennis courts would be locked this week. Residents who do not get a key cannot
enter the courts. Keys are available at the Borough Hall for $10.00.
The Little League baseball tournament has begun. This will lead towards the Little
World Series.
The Councilman announced that he has been made the contact person for all problems
pertaining to the Breen property.
TIle Summe r camp begins on June 30'h for Pre-K- 5"' grade. The Lions Club program will
also begin on June 30th for 6"' grade to 7-8"' grades.
The ambulance committee met and has a few ideas they will share with the ambulance
Corps.
Councilman Manolio reported that the Board of Adj ustment had granted a height variance.
Councilman Manolio noted that Nextel had lost their case against the Borough.
Mr. Corriston reported on the Nextel case and why the ju dge found in favor of the
Borough.
Mr. Hipo lit reported that Irving Avenue has been completed. A punch list still has to be
comple ted.
PUBLIC PORTION: On a motion by Manolio, seconded by Kasoff, the meeting was opened to the
public. Carried.
Patrick Dell Aquila, Johnson Avenue: Asked about the Borough providing skate
ramps for skate boarders . He says there are 50-60 skaters.
Mr. Poneros asked for help on his problem with the retaining wall behind his problem.
On a motion by Manolio, seconded by Norton, the public portion of the meeting was closed.
Carried.
On a motion by Manolio, seconded by No rton, the meeting was adjourned at 9:20, p .m.
ATTES T : APPROVED:
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ALSO PRESENT:
Adequate notice of this meeting was given to the press and posted as required. Date and time of this
meetin g was legally given as required by the "Op en Public Meetings Act."
This notice is on file with the Municipal Clerk and posted on the bulletin board.
Minutes of this meeting will be mad e available to the public upon the completion of typing and
proofreading by the Municipal Clerk.
MINUTES OF THE: Caucus Meeting of June 18,2003 and Regular Me eting of June 18,2003
were placed on the Regular Age nda for approval.
Resolution 03-86, authorizing payment, was placed on the regular agenda for approval.
TIle Municipal Attorney was authorized to prepare an amendment to the parking ordinance
Chapter 7-3.5, to prohibit parking on Charlotte Place from Rose Aven ue to Sylvan Avenue.
Chief Whiting announced that the National N ight Out will be on August 5, 2003 .
"
ALSO PRESENT:
ADEQUATE NOTICE OF THIS MEETING WAS GIVEN TO THE PRESS AND POSTED AS
REQUIRED. DATE AND TIME OF r ars 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 rats MEETING WILL BE MADE AVAILABLE TO THE PUBLIC UPON THE
COMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.
CLAIMS:
On a motion by Plawker, seconded by Manolio, the Claims for the month of July, 2003 were ordered
paid.
RESOLUTIONS:
On a motion by Plawker, seconded by Drimones, resolution 03-82 was offered for adoption.
ROLL CALL:
AYES: Plawker, Manoli o, Drimones, Kasoff, Parisi, Norton
RESOLUTION 03-82
WHEREAS, Bill S-251 6 would prohibit the use of schools as polling places in all
elections, thus forcing all Municipalities to relocate current polling places to new loca tions; and
WHEREAS, the Borough of Englewood Cliffs houses two of their polling places in
schools; and
WHEREAS, the Borough of Englewood Cliffs does not have sufficient space that is
accessible to the public in the buildin gs it owns to house the polling location s; and
WHEREAS, finding suitable new locations would create hardshi ps on Municipal Clerks
by requiring them to find new locations that conform to existing criteria. Thi s includes the fact
that locations must be ADA compliant and must be in close proximity to all voters within the
district; and
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borou gh
of Englewood Cliffs hereby strongly opposes the passage of bill S-2516 and urge the State
Legi slature to oppose it as well.
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 02-83
WHEREAS, THE Mayor and Council of the Boro ugh of Englewood Cliffs recognize
that it is in the interest of the citizens of the Borough of Englewood Cliffs to fight drug and
alcohol ahuse within the municipality; and
WHEREAS, recommendations have bee n made to create a drug and alcohol municipal
alliance committee to work in conj unction with representatives of the community ;
On a motion by Parisi, seconded by Manolio, resolution 03-86 was offered for adoption.
i
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 03-86
On a motion by Drimones, seconded by M anolio, resolution 03-87 was offered for adoption.
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 03-87
WHEREAS, the Borough of Englewood Cliffs, in the County of Bergen, New Jerse y
(the "Borough") has adopted the Bond Ordinances listed on the attached Appendix A
(collectively, the "Bond Ordinances") authorizing the issuance of obligations of the Borough for
the purpose of financing the general improvements described !n the Bond Ordinances; and
WHEREAS, the Borough Council has determined to proc eed with the public sale of said
bonds for the purposes authorized in the Bond Ordinances.
The average period of usefulness for the general improvements financed by the Bonds,
taking into consideration the respective amounts of obligations presently authorized to be issued
pursu ant to the Bond Ordinances described in Appendix A hereto and the perio d or average
period of usefulness determined in the Bond Ordinance s described in Appendix A hereto is
22.67205 years.
Section 2. Public Sale of Bonds. The Bonds shall be issued and sold at public sale
in accordance with the provisions of the Local Bond Law, constituting Chapter 169 of the Laws
of 1960 of the State of New Jerse y, as amended and supplemented .
Principal Amount
2004 $25,000
2005 325,000
2006 300,000
2007 300,000
2008 250,000
2009 250,000
2010 250,000
201 1 375,00 0 '
2012 400,000
2013 425,000
2014 450,000
2015 475,000
2016 490,000
2017 500,000
201 8 510,000
TOTAL $5,325,000
The Bonds shall contain such other terms and conditions as are specified in the Notice of
Sale, approved in Section 5 hereof (the "Notice of Sale").
Section 4. Rede mptio n. The Bonds maturing prior to Augu st 15,2014 are not
subject to redemption prior to their stated maturities. The Bonds maturing on or after August IS,
20 14 are redeemable at the option of the Borough in whole or in part on any date on or after
August IS, 2013 upon notice as require d herein at the par, plus accrued interest to the date fixed
for redemption .
Any bond subject to rede mption as aforesaid may be called in part, provided that the
portion not called for redemption shall he in the principal amount of $5,000 or any integral
multiple of $1,000 in excess thereof. If less than all of the Bonds of a particular maturity are to
be redeemed, Bonds of that maturi ty shall be selected by the Chief Financial Office r (or, if
appointed pursuant to Section 12 hereof, the Paying Agent) by lot.
When any Bonds are to be redeemed, the Chief Financial Officer (or, if appointed
pursuant to Section 12 hereof, the Paying Age nt) shall give notice of the redemption of the Bonds
by publishing such notice once a week for two (2) success ive weeks in a new spaper of genera l
circulation that carri es financ ial news, is prin ted in the English language and is cust omarily
publi shed on each business day in the City of Ne w Yor k, State of Ne w York, the first of such
publications to be at least thirty (30) but not more than sixty (60) days before the date fixed for
redemption. Not ice of redemption also shall be mai led by first clas s mail in a sealed envelope
postage prepaid, to the registered owners of any Bonds or portion s thereof which are to be
redeemed, at their respective addresses as they last appear on the registrat ion books of the
Borough. Such mailing shall not be a condition precedent to such redemption , and failure to so
mail or to receive any such notice to any of such regis tered owners shall not affe ct the validity of
the proceedings for the redemption of the Bonds. Notice of redemption having been given as
aforesaid, the Bonds, or port ion s thereof so to be redeemed, shall, on the date fixed for
redemption, become due and payable at the redemption price specified therein plus accrued
interest to the redemption date and, upon presentation and surrender thereof at the place specified
in such notice, such Bonds, or portions thereof, shall be paid at the redemption price, plus acc rued
interest to the redem ption date . On and after the redemption date (unless the Borough sha ll
default in the paym ent of the redemption price and accrued intere st), such Bonds shall no lon ger
be considered outstanding. .
During any period in which The Depository Trust Company (or any successor thereto)
shall act as securities depository for the Bonds, the notices referred to above shall be given only
to such depository and not to the beneficial owners of the Bonds. Any failure of such depository
to advise any of its participants or any failure of any participan t to notify any beneficial ow ner of
any notice of redemp tion shall not affect the validity of the redemption proceedings.
Section 5. App roval of Notice of Sale . The Notice of Sale containing other terms
and provisions of the Bonds and setting forth the conditions of the sale thereof, all of which are
hereby approved, shall be substantially in the form attached to this Resolution as Ap pendh B and
made a part hereof.
Section 6. Approva l of Summ ary Notice of Sale. The Summ ary Notice of Sale
cont aining other term s and provision s of the Bonds and setting forth the conditions of the sale
thereof. All of which are hereby appro ved, shall be substantially in the form attached to this
Resolution as Appendix C mad e a part hereof.
Section 7. Public ation of Notice of Sale. The Notice of Sale substantially in the
form attac hed to this Resolut ion shall be publi shed at least once in The Press Journal, a
newspaper published in the County of Bergen and circulating in the Borough , and the Summ ary
notice of Sale substantially in the form attac hed to this Resolution shall be published at least once
in the Bond Buyer, a newspaper published in the City of New York and State of New York,
carrying municipal bond notices and devoted primarily to the subject of state and muni cipal
bon ds. The advertisement of said No tice of Sale and Summary Notice of Sale in each such
newspapers shall be published not less than seven (7) days prior to the sale date for the Bonds.
Section 9. Authorization for Official Statement. The Proper Borough officials and
advisors are hereby authorized to prepare and distribute to the prospective purchasers of the
Bonds a Preliminary Official Statement and a final Official Statement containin g informati on
relating to the Borough, its financial condition and the terms of the Bonds and other material facts
customari ly included in official statements for general obligation bonds in the State of New
Jersey. The Chief Financial Officer is hereby authorized to deem final the Preliminary Offici al
Statement for purpo ses of Rule 15c2-12 of the Securitie s and Exchan ge Commission.
Section 10. Approval of Form of Bond. The form of the Bond, substantially as set
forth in Appendix D attached hereto and made a part hereof, is hereby approved. The Bonds shall
be executed in the name of the Borough by manual or facsimi le signature of the Mayor and the
Chief Financial Officer and the seal of the Borough, or a facsimile impression thereof, shall be
affixed to the Bonds and attested by the manual signature of the Borough Clerk.
Pursuant to the book-entry onl y system, any person for whom a DTC Participant acquires
an interest in Bonds (the "Bene ficial Owner") will not receive certifi cated Bond s and will not be
the registered owner thereof. Ownership intere sts in the Bonds may be purchased by or through
DTC Partic ipants. Each DTC Participant will receive a credit balance in the records ofDTC in
the amount of such DTC Participant's interest in the Bonds , which will be confirmed in
accordance with DTC's standard proc edures. Receipt by the Beneficial Owners (through any
DTC Participant) of timely payment of principal , premium, if any, and interest on the Bonds, is
subject to DTC making such payment to DTC Participants and such DT C Participants making
payment to Beneficial Owners. Neither the Borough or the persons for whom they act as
nominees for any failure of DTC to act or make any payment with respect to the Bonds.
The appropriate officers of the Borough are hereby authorized to execute a Letter of
Representation to DTC and such other documents as may be necessary or desirable in connection
with DTC's services as securities depository.
DTC may determine to discontinue providing its services with respect to the Bond s at any
time by giving notice to the Borough and discharging its responsibilities with respect thereto
under applicable law. Unde r such circumstances, the Borough shall designate a successor
securities depository or deliver certificates to the beneficial owners of the Bonds.
2003 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.)
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03-153
JULY 23, 2003
Section 12. Payi ng Agent. The Chief Financial Officer is hereby authorized to select
and to enter into an agreement with a Paying gent to ensure that the Borough can meet its
obligations undertaken herein to the holders of the Bonds. The Chief Financial Officer may,
however, elect not to select a Paying Agent for the Bonds, and may elect to select a Paying Agent
at any time prior or subsequent to the issuance of the Bonds. How ever, the Chie f Financial
Officer shall select a Paying Agent upon any determin ation to cause the Bonds to be regis tered in
the names of the beneficial owners thereof, as provided in Section I I hereof.
Section 13. Tax Covenant. The Borough hereby covenants with the holders from
time to time of the Bonds that it will make no investment or other use of the proceeds of the
Bonds or take any furthe r actio n (or refrain from taking such action) which would cause the
Bonds to be "arbitrage bonds" within the meaning of the Internal Revenue Co de of 1986, as
amende d or under any similar statutory pro vision or any rule or regulation pro mulgated
thereu nder (the " Code"), or would cause interest on the Bonds not to be excludable from gros s
income for federal regu lations throughout the term of the Bonds .
Section 14. Pledge of Borough. The full faith and credit of the Borough is hereby
pledged for the payment of the princi pal of and interest on the Bonds. The Bonds shall be direct
obligations of the Borou gh, and the Borough shall be obligated to levy ad valorem taxies upon all
the taxable real property within the Borough for the payment of the princi pal of and interest on
the Bond s without limitation as to rate or amount.
Section 16. Further Action. The prop er officers of the Borough are hereby
authorized and directed to take all such action as may be necessary to effect the issuance and
delivery of the Bonds.
Section 17. Effec tive Date. This Resolution shall take effec t immediate ly.
On a motion by Norton, seconded by Kasoff, r esolution 03-88 was offered for adoption.
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 03-88
WHEREAS, an application has been filed for a pla ce to place transfer (Expansion of Premises)
of Plen ary Retail consumption License 0216-33-001-0 03, for purposes of expanding the premises
under license wherein the sale, servi ce and storage of alcoholic beverages are authorized .
WHEREAS, the submitted applicat ion form is compl ete in all respects, the trans fer fees have
been paid and the licen se has been properly renew ed for the curre ntly license term;
ORDINANCES: INTRODUCTiON
ORDINANCE 2003-10
The municipal clerk read the said ordinance by title. Councilman Man olio moved the ordinance
be adopted on first reading and published in the Press Journal on July 31, 2003.
The public bearing to be held on August 13, 2003. Motion was seconded by Councilman Parisi.
The ordinance was approved at the first reading upon the call of the roll.
03-155
JULy 23, 2003
QRDINANCE INTRODUCTION
COUNCILMAN MANOLIO INTRODUCED AN ORDINANCE ENTITLED:
Councilman Manolio moved the ordinance be given its first reading. So ordered.
Th e municipal clerk read the said ordinan ce by title. Councilman Manolio moved the ordinance
be adopted on first reading and published in the Press Journal on July' 31, 2003.
The public hearing to be held on August 13,2003. Motion was seconded by Councilwoman Norton .
The ordinance was approved at the first reading upon the call of the roll.
COMMJTTEE REPORTS:
NO REPORT
Coun cilman Parisi repo rted that the Annual Night Out will be held on August 5 and the
Rain-out date is Augus t 6.
The following anniversaries for years as an Englewood Cliffs Police Officer are:
A letter was received from a resident on Dillingham Place thanking Patrolmen Rice and
Coletta for their help durin g a meclical emergency.
03-156
JULy 23, 2003
The Coun cilman is getting a list of young people to meet with him to discuss the use of
The Lions Club as a social area to meet.
Adult Softbal1 for men and women on Monda y night is very successful.
No Report
No report
The drainage problem on Jenkins Drive and Castle Drive will be addresse d shortly by
Gotthold Paving.
The 2002 Road Resurfacing Proj ect has been completed expect for the small portion
on Sanford Drive which will be taken care of very soon.
OLD BUSINESS:
Councilman Plawker asked if the mound on the field which the Girls Softbal1 League
uses could be removed so the girls could properly use the field.
Councilwoman Norton said they she knew of the problem and was investigating a
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way to allow both the girls and the boys to use the field.
03-157
JULy 23, 2003
PUBLIC PORTION: On a motion by Plawk er, seconded by Kasoff, the meeting was opened to the
public. Carried.
Mr. Le akus asked that the parking on Ch arlotte Place be adjust ed so that there will be no
parking on Charlotte Place between Rose Avenue an d Sylvan Avenue.
He asked abo ut the po ssibility of getting a traffic light on 9W and Van Nostrand.
Mayor Parisi informed him that the DOT rewidening also included a traffic light on
Middlesex Avenue which should he lp.
Ms . Sank asked if we had a plan for the 9W project. She was told we did not.
She also asked why Tanglewood was not progressing.
Mr. M adison thanked the Council for preparin g to fix the drainage on Jenkins.
Ms . Breen asked how she could get a copy of the Master Plan. She was told how .
She also asked about the bikers on Hudson Te rrace and how they could be controlled.
ORDINANCE 2003-12
Councilwoman Drimones mo ved the ordinance be given its first reading. So ordered.
The municipal clerk read the said ordinance by title. Councilwoman Drimo nes moved the ordinance
be adopted on first reading and published in the Press Journ al on Jul y 31, 2003.
Th e public hearing to be held on September 17, 2003. Motion was seconded by Councilman
M anolio.
The ordinance was approved at the first reading upon the call of the ro ll.
On a motion by Manolio, seconded by Plawker, the meeting was adjourned at 9:00 , p.m.
03-158
JULy 23, 2003
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 Municipa l 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 Kasoff, resolution 03-90 was offered for adoption.
Roll Call:
Ayes: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 03-90
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 N.J.S.A. 10:4-
12:
MINUTES OF THE: Caucus Meeting of July 23,2003 and Regular Meeting of July 23, 2003 were
placed on the Regular Agenda for approval.
COMMUNICATIONS:
Resolutions 03-53,54,55,56,80, and 81 approving the tax appeals were placed on the
regular agenda for approval.
2003 -11 Repeal 2002 -16 and Arnend & Clarify 30-7.1O(b)
(Ordinance to be amended and re-introduced)
,
ATTEST: APPROVED:
ALSO PRESEN T:
ADEQU ATE NOTICE OF THI S MEETING WAS GWEN TO TIIE PRESS AND POSTED AS
REQUIRED . DATE AND TIME OF THIS MEETING WAS LEGALLY GWEN AS REQUIRED
BY TIIE "OPEN PUBLIC MEETINGS ACT."
THIS NOTICE IS ON FILE WITH TIIE MUNICIPAL CLERK AND POSTED ON THE
BULLETIN BOARD.
MINUTES OF rats MEETING WILL BE MAD E AVAILABLE TO TIIE PUBLIC UPON THE
COMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.
CLAIMS:
On a motion by Plawker, seconded by Manolio, the Claims for tlie month of August, 2003 were
ordered paid. .
RESOLUTIONS:
On a motion by Plawker, seconded by Norton, Resolution 03-53 was offered for adoption:
ROLL CALL:
AYES: Plawker, Murphy, Drimooes, Kasoff, Parisi, Norton
RESOLUTION 2003-53
WHEREAS, Palestroni Management, LLC is the owne r of certain real property located
in the Borough of Englewood Cliffs and known as 385 Sylvan Avenue, also known as Block 412 ,
Lot 6; and
WHEREAS, taxpayer has file d 2002 and 2003 real property tax appeal , presentl y
pending in the Tax Court of New Jersey, entitl ed Palestro ni Man al!ement. LLC vs. Englewood
Cliffs, under Docket No s. 239-02 and 78-03; and
WHEREAS, the Borough has review ed and analyzed all relevant documents and
appraisals of tile premises; and
WHEREAS, it is the opinion of the Tax Appe al Attorney and the App raiser that
settlement of this matter is in the best interests ofthe Borough of Englewood Cliffs;
NOW, THEREFORE, be it
RESOLVED by the Ma yor and Council 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 rea l prop erty tax cballenge by reducing the 2002 and 2003
assessments from $3,69 5,000 to a total of$2,980,000 , with a refund inclusive of both tax years in
the approximate amount of $13,585, due taxpayer; and be it further
RESOLVED, that the aforesaid settlement is further predicated upon a waiver of any and
all pre-ju dgment interest on any refund due to the taxpayer.
ROLL CALL:
AYES: Plawker, Manolio, Drimooes, Kasoff, Parisi, Norton
RESOLUTION 2003-54
WHEREAS , Joban Rea lty is the owner of certain real property located in the Borou gh of
Englewoo d Cliffs and known as 600 Sylvan Avenue, also known as Block 806 , Lot 8; and
WHEREAS, taxpayer has filed 200 2 and 2003 real property tax appeal, pre sently
pending in the Tax Court of New Jersey, entitled Joban Rea lty vs. Enl!lewood Cliffs , under
Docket N os. 238 -02 and 79-03; an d
WHEREAS, the Borough has reviewed and ana lyzed all relevant docum ents and
appraisals of the premise s; and
WHEREAS, it is the opinion of the Tax Appeal Atto rney and the Appraiser that
settlement of this matter is in the best interests of the Borough of Englewood Cliffs;
NOW , THEREFORE, be it
RESOLYED by the Mayor and Council 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
nec essary in order to settle this real property tax challenge by reducing the 2002 and 2003
assessments from $ 10,890,000 to a total of$9 ,900,000, with a refund of approximately $18,810
due taxpayer; and be it further
RESOLYED, that the aforesaid settlement is further predicated upon a waiver of any and
all pre-judgment inte rest on any refund due to the taxpayer.
On a motion by Norton, seconded by Drimones, Resolution 03-55 was offered for adoption:
RO LL CALL:
AYES : Plawker , Mano lio, Drimon es, Kasoff, Parisi, Norton
RESOLUTION 2003-55
WHEREAS, Commerci al P laza, Inc. is the owner of certain real property located in the
Borough of Englewood Cliffs and know n as 375 Sylvan Avenue, also know n as Block 4 12, Lot
5; and
WHEREAS , taxpayer has filed 2002 and 2003 real property tax appeal, presentl y
pendin g in the Tax Court of New Jersey, entitled Commercial Plaza. Inc . vs. En!!lewood C liffs,
und er Docket No s. 241 -02 and 81-03 ; and
WHEREAS, the Borough has reviewed and analyzed all relevant docum ents and
appraisals of the premises; and
WHEREAS , it is the opinion of the Tax Appeal Attorney and the Appraiser that
settlement of this matter is in the best interests ofthe Borou gh of Eng lewood Cliffs;
2003 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS
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NOW, T HEREFORE, be it
RESOLVED by the Mayor and Council 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 2002 and 2003
assessments from $4,150 ,000 to a total of$3,432,000, with a refund of$ 13,642 due taxpay er; and
be it furthe r
RESOLVED, that the aforesaid settlement is further predicated upon a waiver of any and
all pre-ju dgment interest on any refund due to the taxpayer.
On a motion by Parisi, seconded by Drimones, Re solution 03-56 .was offer ed for adoption:
ROLLCALL: ,
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 2003-56
WHEREAS, Palestroni Management, LLC is the owner of certain real prope rty located
in the Borough of Englewood Cliffs and known as 333 Sylvan.Avenue, also known as Block 412,
Lot 2; and
WHEREAS, taxpayer has filed 2002 and 2003 real property tax appeal , presently
pending in the Tax Court of New Jersey, entitled Palestroni Manal!ement. LLC vs. Enl!lewood
Cliffs, under Docket Nos. 699-02 and 84-03; and
WHEREAS, the Borough has reviewed and analyzed all relevant documents and
apprai sals of the premises; and
WHEREAS, it is the opinion of the Tax Appeal Attorney and the Appraiser that
settlement of this matter 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 Attorne y he 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 2002 and 2003
assessments from $8,650,000 to a total of $7,720,000, with a refund of$ 17,670 due taxpayer;
and be it further
RESOLVED , that the aforesaid settle ment is further predicated upon a waiver of any and
all pre-judgment interest on any refund due to the taxpayer.
On a motion by Norton, seconded by Drimones, Resolution 03-80 was offered for adoption:
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 03-80
WHEREAS, Anton Sauter is the owner of II new Street, designated as Block 514, Lot
I ; and
WHEREAS, tax appeals are presently pending with regard to challenges of the 2002 and
2003 assessments; and
WHEREAS, discovery has been completed and preliminary appraisa l submitted; and
NOW, THEREFORE, BE IT
RESOLVED by the Mayor and Council of the Borough of Englewood Cliffs that the tax
attorney be and is hereby authorized and directed to execute any and all documents necessary in
order to effectuate settlement of the presently pending litigation entitled Sauter v. Englewood
Cliffs, such that the assessments for tax years 2002 and 2003 will be reduced from $1,146,600 to
$875,000; and be it further
RESOLVED , that the aforesaid settlements are predicated upon a full waiver of any and
all pre-judgment interest by the taxpayer.
O n a motion by Norton, seconded by Plawker, re solution 03-81 was offered for adoption.
ROLLCALL:
AYES : Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 2003-81
WHEREAS, Palestroni Management , LLC is the owner of certain real propert y located
in the Borough of Englewood Cliffs and known as Sage Road and Route 9W, also known as
Block 1202, Lot 2; and
WHEREAS, taxpayer has filed 2002 and 2003 real property tax appeal, presently
pending in the Tax Court of New Jersey, entitled 9W Contractors vs. Enel ewood Cliffs, under
Docket Nos. 700-02 and 82-03; and
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 this matter 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 hereby authorized and directed to execute any and all documents
necessary in order to settle this real property tax challenge by reducing the 2002 and 2003
assessments from $4,800,000 to a total of $2,800,000, with a refund of $38,000 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.
On a motion by Parisi, seconded by Kasoff, resolution 03-89' was offered for adoption.
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
GRANT IDENTIFIER:
The governing body of The Borough of Englewood Cliffs desires to further the public interest by
obtaining a grant from the State of New Jersey in the amount of approximately $2,000.00 to fund
the following project:
Therefore, the governing body resolves that Yvonne Favaro or the successor to the office of
Chairman, Shade Tree Commission is authorized (a) to make application for such a grant, (b) if
awarded, to execute a grant agreement with the State for a grant in an amount not less
than$2,000.00 and not more than $2,000.00, and (c) to execute any amendments thereto which do
not increase the Grantee's obligation.
The Borough of Englewood Cliffs authorizes and hereby agrees to match 100% of the Total
Project Amount, in compliance with the match requirements of the agreement. The availability of
the match for such purposes, whether cash, services, or property, is hereby certified. 100% of the
match will be made up of in-kind services.
The Grantee agrees to comply with all applicable federal, State, and Municipal Laws, rules, and
regulations in its performance pursuant the agreement.
On a motion by Kasoff, seconded by Pa risi, resolution 03-91 was offered for adoption.
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RE SOLUTION 03-91
WHEREAS, as the property tax burden increases under inflationary pressures, senior
citizens on fixed incomes find it increasingly difficult to meet all of their financial obligations;
and
WHEREAS, one of the favorable ways the State of New Jersey assisted Senior Citizens
was to establish the "Property Tax Reimbursement Program", which froze property taxes by
reimbursing qualified New Jersey resident property owners for property tax increases; and
WHEREAS, the State of New Jersey has decided that it could not afford to fund the
"Property Tax Reimbursement Program" this year due to other fiscal priorities, thus eliminating
the relief the State had previously instituted under this program; and
WHEREAS, Joe Pennacchio, Assemblyman of the 26th New Jersey legislative district
has introduced legislation identified as A-3627, that strives to remove the income level eligibility
to receive a homestead property tax reimbursement; and
WHEREAS, the Borough of Englewood Cliffs values its Senior Citizens and desires to
see them enjoy the benefits of the remedial purposes that gave rise to the original "P roperty Tax
Reimbursement program" as well as those that have inspired Assemblyman Pennacchio's
legislation,
The State of New Jersey is hereby urged to return to the original "Property Tax
Reimbursement Program" and restore the necessary funding to make this possible
for our Senior Citizens.
On a motion by Parisi, seconded by Kasoff, resolution 03-92 was offered for ado ption.
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 03-92
WHEREAS, It is the intent and the spirit of the Mandatory Source Separation and
Recycling Act to use the tonnage grants to develop new municipal recycling programs and to
continue and to expand existing programs; and
WHEREAS, A resolution authorizing this municipality to apply for such tonnage grants
will memorialize the commitment of this municipality to recycling and to indicate the assent of
the Mayor and Council of the Borough of Englewood Cliffs to the efforts undertaken by the
municipality and the requirements contained in the Recycling Act and recycling regulations; and
WHEREAS, Such a resolution should designate the individual authorized to ensure the
application is properly completed and timely filed.
·BE IT FURTHER RESOLVED that the monies received from the recycling tonn age
grant be deposit ed in a dedi cated recycling trust fund to be used solel y for the purpo ses of
recyclin g.
ORDlNANCE 2003-10
TIle clerk presented affidavit of publication, showing that advertisement had been made according to
law, which was ordered filed. Mr. Plawker moved a public hearing be held on the ordinance. So
ordered. Mr. Plawker moved the clerk read the ordinance by title on second reading. So ordered.
The clerk thereupon read the ordinance by title. The mayor then announced that all interested parties
would now be given opportunity to be heard for or against the adoption of the ordinanc e.
After all interested parties had spoken on the ordinance, Ms. Drimones moved the hearing be closed.
So ordered.
Mr. Plawker moved the ordinance be adopted on second reading and final passage, which motion
was seconded by Ms. Drimones and adopted upon a call of the roll.
ORDINANCE 2003-10
WHEREAS, it is the desire of the Mayor and Council to provide for the installation of
addresses on residential and non-residential buildings and that they be clearly visible;
(g) Violations and penalties: Any person or persons, association, firm or corporation
violating any of the terms or provisions of this chapter shall, upon conviction, be liable to pay a
fme of not less than $\00 nor more than $500, and the jurisdiction as to the enforcement of this
chapter shall be in the Borough of Englewood Cliffs Municipal Court. The continuation of the
offense shall, in each case, constitute a new offense. I
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
ORDINANCE 2003-11
Mayor Parisi and Councilman Parisi recused them selves from any discussion of this
ordinance. Council President presided over this portion ofthe meetin g.
Mr. Corriston announced that there were two (2) errors in the ordinance as published in the
newspaper.
In the 4 th paragraph, the ordinance nnmber is incorrect. Should be 2002-16, not 202-16
as printed. In paragraph #9, it should read "with no bnffer zone" not "with buffer
zone ."
It was the recommendation of the Municipal Attorney that the Ordinance be amended and
re-published and a copy of the amended version be sent to the planning board.
Roll Call:
Ayes: Plawker, Manolio, Drimones, Kasoff, Norton .
On a motion by Kasoff, seconded by Norton, the Municipal Clerk was authorized to re-
publish ordinance 2003-11 as amended and to send an amended copy to the Planning Board
for their approval .
Roll Call:
,
Ayes: Plawker, Manolio, Drimones, Kasoff, N orton
COMMlTTEE REPORTS:
Councilman Kasoff announced that National Night Out was held on August 6.
The outing had to be moved into the Fire House because in inclement weather.
The Councilman thanked the Police Department for sponsoring the Night Out.
Especially Chief Whiting, Lt. Bauemschmidt and Sgt. Regan.
A letter of conunendation was received thanking Pti. Henkelman and Colletta for their help.
The money raised by the C of C will be donated to tile Englewood Cliffs Seniors.
Councilman Parisi asked that a driveway apron be removed on Van Wagoner and Johnson]
Avenue. The Borough put in this new apron at the incorrect address. Mr. Plawker asked
that he be allowed to speak to the homeowners.
2003 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.)
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There seems to be no remedy for the girls softball situation at Witte Field. The program will
have to work with the Leonia program until a solution to the problem is found.
The two summer camps have closed . Th ey were both very successful this year. Both had
very high attendance. The re was a closing party and awards were given out by the Ma yor.
No Report
Mr . Corriston reported that he has notified Ms. Sanker that it is her respo nsibility to fix
the wall on Mr. Poneros's property since it is her wall.
Notification has been given to the property owner at 114 Roberts Road that his deck is not
the proper distance from the set back lines.
PUBLIC PORTION: On a moti on by Manolio, seconded by Drimones, the meeting was opened to
the public. Carried.
Michael Lubin, Esq. asked to speak about ordinance 2003-11. The Municipal Attorney
asked the Mayor and Councilman Parisi to recuse them selves during tins conversation.
Ms. Breen asked about the bikers on Hudson Terrace and the poss ibility of having the speed
limit reduced on that road.
2003 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.)
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On a motion by Drimones, seconded by Manolio, the public portion of the meeting was closed.
Canied.
On a motion by Drimones, seconded by Kasoff, the meeting was adjourned at 9:30 p.m.
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.
The Mayor and Council met at 6:00 PM in order to listen to a presentation regarding the upgrade of
the Police Department's computer and networking systems. The presenters were; Info Cop President,
Richard Picolli and Enforsys President & CEO, Vincent Tortoriello.
Police Commissioner Joseph Parisi, Chief Whiting and Lt. Bauernschmidt arranged for the
presentation. They assisted in answering questions regarding the needs ofthe department.
The presentation outlined how Info Cop and Enforsys systems would enhance the Police
Department's ability to network with other police units, access pertinent information quickly,
increase the safety of the officers, decrease response time and make the paperwork less cumbersome.
Mayo r Parisi thanked the presenters. The Mayor and Council will take the matter under advisement.
On a motion by Plawker, seconded by Parisi, resolution 03-95 was offered for adoption:
RESOLUTION 03-95
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 Borougb 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:
Tax Appeals as itemized in cor respondence received from Steven Muhlstock, Esq.
The closed session commenced at 7:05 and returned to open session at 7:30 PM.
MINUTES OF THE: Caucus Meeting of August 13,2003 and Regular Meeting of August 13,
2003 were placed on the Regular Agenda for approval.
ADJOURN :
On a motion by Manolio, seconded by Parisi, the meeting was adjourned at 7:48 PM.
ATTEST: APPROVED :
ALSO PRESENT:
ADEQUATE NOTICE OF THIS MEETING WAS GIVEN TO THE PRE SS AND POS TED AS
REQ UIRED. DATE AND TIME OF r ms MEETING WAS LEGALLY GIVEN AS REQUIRED
BY THE "OPEN PUBLIC MEETINGS ACT. "
THI S NOTICE IS ON FILE WITH THE MUNICIPAL CLERK AND POSTED ON THE
BULLETIN BOARD.
MINUTES OF THIS MEETING WILL BE MADE AVAILABLE TO THE PUBLIC UPON THE
COMP LETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.
CLAIMS:
On a motion by Plawker, seconded by Man olio, the Claims for the month of September, 2003 were
ordered paid. .
On a motion by Plawker, seconded by Norton, resolution 03-98 was offered for adoption.
nen Call:
Ayes : Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 03-98
WHEREAS, pursuant tDa Resolution passed by the Mayor and Co uncil of the Borough
of Englewood Cliffs on June 18, 2003 , a public auction was held on Septem ber 3, 2003 in regard
to LDt 12, BIDck 122 of the Tax Map of the Borough of Englewood Cliffs which area is 11' x
100 ' in accordanc e with NJ .S.A. 40 A:12-13(5), and
WHEREAS, MirSD Lecki e was the successful bidder bidding the sum of $25,7 50.00;
NOW THEREFORE, BE IT RESOLVED by the Mayor and Coun cil of the Borough
of Englewood Cliffs that the Mayor is duly authorized to execute a deed to Mirso Leckie in
consideration of the aforesaid sum which deed shall be delivered to the success ful bidder
subsequent to his obtaining the minor subdi vision appro val from the Planning Board of the
Borough of Englewood Cliffs in regard to annexing Lo t 12, Block 122 to Lot II , Blo ck 122.
I hereby certify that the within Resolution was passed and adopted by the Mayor and
Coun cil of the Borough of Englewood Cliffs on this 17"' day of September, 2003 .
On a motion by Plawker, seconded by Norton, the meeting was opened to the public for comment
regarding all resolutions on the agenda.
Mrs. Sank asked for clarification regarding the resolutions awarding tax appeal settlements.
Councilman Plawker answered.
On a motion by Plawker, seconded by Manolio, Resolution 03-93 was offered for adoption:
ROLLCALL:
AYES: Plawker, Murphy, Drimones, Kasoff'-Parisi, Norton
RESOLUTION 03-93
NOW, THEREFORE, BE IT
RESOLVED by the Mayor and Council of the Borough of Englewood Cliffs that the tax
attorney be and is hereby authorized and directed to execute any and all documents necessary in
order to effectuate settlement of the presently pending litigation entitled Executive Associates v.
Englewood Cliffs, so that the assessments for tax years 2002 and 2003 will be reduced from
$27,475,000 to $23,550,000; and be it further
RESOLVED, that the aforesaid settlements are predicated upon a full waiver of any and
all pre-judgment interest by the taxpayer.
On a motion by Manolio, seconded by Plawker, Resolution 03-94 was offered for adoption:
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTlO N 03-94
WHEREAS, 600 Palisade Avenue Associates is the owner of premises loted at 600
Palisade Avenue, also designated as Block 502, Lot 1; and
WHEREAS, a tax appeal is presently pending with regard to challenge of the 2000 and
2003 real property tax assessme nt; and
WHEREAS , review of all lease and other appropriate document ation has been
completed and settlement has been negotiated and recommended ;
NO W, T HEREFORE, BE IT
RESOLVED by tbe Mayor and Council of the Borough of Englewood Cliffs tbat tbe tax
attorne y be and is hereby authorized and directed to execute any and all documents necessary to
effectuate settlement oftbe presently pending litigation entitled 600 Palisade Avenue Associates
v. Englewood Cliffs, so tbat tbe 2002 and 2003 assessment will be reduced from $ 1.540 million
to $1.350 million for both years; and be it further
RESOLVED, tbat the aforesa id settlement is predicafed upon a full waiver of any and all
pre-judgment interest by the taxpayer.
On a motion by Plawker, seconded by Parisi, Re solution 03-96 was offer ed for adoption:
ROLL CALL:
AYES: Plawker, Manolio , Drimones, Kasoff, Parisi, Norton
RESOLUTlON 03-96
ROLL CALL:
AYES: P1awker, Manolio, Drimones, Kasoff, Parisi, Norton
Mayor Parisi and Conncilman Parisi excused tbemselves from th e meetin g and left tbe dai s
before tbe following resolntion wa s introduced.
On a motion by Manolio, seconded by Drimones, Resolution 03-99 was offered for adoption:
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Norton
RESOLUTION 03-99 i
WHERE AS, 532 Sylvan Ave nue Co., LLP is the owner of 532 Sylvan Avenue,
designated as Block 617, Lot 15; and
WHEREAS, tax appeals are presen tly pending with regard to challenges of these
assessments; and
WHEREAS, discovery has been completed and preliminary and discuss ions held in the
Tax Court; and
WHEREAS, settlement has been negotiated and recommended;
NO W, THEREFORE, BE IT
RESOLVED by the Mayor and Council of the Borough of Englewood Cliffs that the tax
attorney be and is hereby authorized and directed to execute any and all documents necessary in
order to effectuate settlement of the presently pending litigation entitled 532 Sylvan Avenue v.
En ~lewood Cliffs, such that the assessments for tax years 2002 and 2003 will be reduc ed from
$1,867,500 to $1,700,000; and be it further
RESOL VED, that the aforesaid settlements are predicated upon a full waiver of any and
all pre-j udgment interest by the taxpaye r.
On a motion by Parisi, seconded by Drimones, resolution 03-100 was offered for adoption.
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 03-100
WHEREAS, 325 Sylvan Avenue Co ., LLP is the owner of 325 Sylvan Avenu e,
designa ted as Block 412, Lot 2; and
WHEREAS, tax appeals are presently pending with regard to challenges of these
assessments; and
WHEREAS, discovery has heen completed and preliminary and discussions held in the
Tax Court ; and
WHEREAS, settlement has been negotiated and recommended;
NO W, THEREFORE, BE IT
RESOLVED by the Mayor and Council of the Borou gh dfEng lewood Cliffs that the tax
attorney be and is hereby auth orized and directed to exec ute any and all docum ents nece ssary in
order to effectuate settlement of the pre sently pending litigation entitle d 325 Sy lvan Avenue v.
Englewood Cliffs, such that the assessments for tax years 2002 and 2003 will be reduced from
$1,225,000 to $1,075,000; and be it furt her :
RESOLVED, that the aforesaid settlements are predicated upon a full waiver of any and
all pre-judgment interest by the taxpayer.
On a motion by Manolio, seconded by Parisi, resolution 03-'101 was offered for adoption.
ROLL CALL:
AYE S: Plawker, Manolio, Drimones, Kasoff, Parisi, No rton
RESOLUTION 03-101
WHEREAS, Kamson Corp. is the owner of 301 Sylvan Avenue, designated as Block
207, Lot 7; and
WHEREAS, tax appeals are presently pe nding with regard to challenges of these
assessments; and
WHEREAS, discovery has been completed and preliminary and discussio ns held in the
Tax Court; and
WHEREAS, settleme nt has been negotiated and recommended ;
NOW, THEREFORE, BE IT
RESOLVED by the Mayor and Council of the Borough of Eng lewood Cliffs that the tax
attorney be and is hereby authorized and directed to exec ute any and all docu ments necessary in
order to effectuate settlement of the presently pending litigation entitled Kamson Co m. v.
Englewood Cl iffs, such that the assessments for tax years 2002 and 2003 will be reduced from
$2,750,000 to $2,550,000; an d be it further
RESOLVED, that the aforesaid settlement s are predicated up on a full waiver of any and
all pre -judgment interest by the taxpayer.
ORDINANCE 2003-13
The municipal clerk read the said ordinance by title. Drimones moved the ordinance
be adopted on first reading and published in the press journal on September 25,2003.
The public hearing to be held on October IS, 2003. Motion was seconded by Parisi.
The ordinance was approved at the first reading upon the call of the roll.
RESOLUTION #03-102
WHEREAS, the Borough of Englewood Cliffs desires to constitute the 2003 Temporary
Capital Budget of said municipality by inserting therein the following project.
Section I. The 2003 Temporary Capital Budget of the Borough of Englewood Cliffs is
hereby constituted by the adoption of the schedule to read as follows:
Method of Financing
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September 17 , 2003
Self
Estimated Capital Improvement Debt Liquidating
Project: Total Cost Fund Authorized Bonds
Acquisition of
Vehicles 243,600 11,600 232,000 (Ask General?
2003 Road
Project Program 270,000 13,500 256,500
Section 2. The Clerk be and is authorized and directed to file a certified copy of this
resolution with the Division ofLocal Government Services Department of Community Affairs , State
ofNew Jersey, within three days after the adoption of this project for 2003 Temporary Capital
Budget, to be included in the 2003 Permanent Capital Budget as adopted.
Roll Call:
ORDINANCE 2003-14
The municipal clerk read the said ordinance by title. Manolio moved the ordinance
be adopted on first reading and published in the press journal on September 25,2003.
The public hearing to be held on October 15, 2003. Motion was seconded by Drimones.
The ordinance was approved at the first reading upon the call ofthe roll.
ORDINANCE INlrROnVCTION
Coun cilman Parisi INTRODUCED AN ORDINANCE ENTITLED:
ORDINANCE 2003-15
The municipal clerk read the said ordinance by title. Parisi moved the ordinance
be adopted on first reading and published in the press j ournal on September 25,2003 .
,
The public hearing to be held on Octo ber 15, 2003. Motion was
, seconded by Drimones.
The ordinance was approved at the first reading upon the call of the roll.
ORDINANCE INTRODUCTION
Councilman Parisi INTRODUCED AN ORDINANCE ENTITLED:
ORDINANCE 2003-16
The municipal clerk read the said ordinance by title. Parisi moved the ordinance
be adopted on first reading and published in the press j ournal on September 25,2003.
The public hearing to be held on October 15, 2003 . Motion was seconded by Plawker.
The ordinance was approved on first reading upon the call of the roll.
ORDINANCE 2003-11
E. Carter Corriston, Municipal Attorney for the Boro ugh of Englewo od Cliffs announced that he had
received a call from Mr. Sinisi, attorney for UnileverfBest Foods requesting that the ordinance be
carried to the next meetin g due to the fact that he could not atteniI this Mayor and councilman
meeting because of another commitment. Mr. Corriston also anhounced that he contacted Mr.
Perrino and Mr. Lubin via voice mail and fax informing them that the ordinance would be carried to
the next regular meeting of the Englewood Cliffs Mayor and Council.
Councilman Manolio moved the ordinance be carried to the next meeting, motion was seconded by
Drimones and adopted upon a call of the roll.
ROLL CALL:
AYES : Plawker, Manolio, Drimones, Kasoff, Norton
Parisi (D id not particip ate in voting)
ORDINANCE 2003-12
The clerk presented affidavit of publication, showing that advertisement had been made according to
law, which was ordered filed. Drimones moved a public hearing be held on the ordinance. So
ordered. 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.
Ted Leakas of Rose Avenue thanked the Mayor and Council for their attention to the parking
situation on Charlotte Place
After all interested parties had spoken on the ordinance, Drimones moved the hearing be closed. So
ordered.
Plawker moved the ordinance be adopted on second reading and final passage, which motion was
seconded by Parisi and adopted upon a call of the roll.
ORDINANCE 2003-12
SCHEDULEID
Charlotte Place Both 8:00 a.m. to 6:00 p.m. Rose Avenue to Castle Drive
School days
Charlotte Place Both 8:00 a.m. to 6:00 p.m . ' Route 9W to Rose Avenue
All days
Sage Road Both 8:00 a.m. to 6:00 p.m.. From the westerly curb line
All days of Route 9W to a point 90
Feet westerly thereof.
Hollywood Avenue Both 8:00 a.m. to 6:00 p.m, From the northern curbline
All days of Route 9W to a point 150
Feet westerly thereof.
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
COMMITTEE REPORTS:
The Fire Department responded to a fire in Cliffside Park. They assisted in removing a
female driver from her car after it flipped over. They also responded to a working fire on
August 21 at Yong Su San Restaurant.
Ptl. Hill and Pt!. Kochis should be conunended for their actions in preventing a suicide.
TIle soccer program registered 180 children. Girl's instructional softball is underway. Boy's
practice baseball has also begun. The basketball court on W. Bayview Avenue will have a
second hoop and backboard for full court play. New path from Floyd Street is in place for
access to the dog run.
The submission of articles for Views on the Cliffs is due September 19, 2003.
No Report
Application to expand a garage on a non-conforming lot was continued to the next meeting.
Another application for gates at the end of a circular drive was postponed to the next
meeting due to illness of the applicant.
No Report
The 2003 Road Program will start. Water main is being relocated on Floyd Street. It will be
paved when completed. The 2002 Road Program is done with the exception of a few punch
items.
NEW BUSINESS:
Mayor asked Chief Whiting to have the department be on the watch for bicycles at Witte
Field. Three residents have been struck by children on bikes. More signs should be placed in
the park area reminding residents that dogs and bicycles are prohibited.
PUBLIC PORTION: On a motion by Drimones, seconded by, Manolio, the meeting was opened to
the public. Carried.
Mrs . Breen, Van Nostrand Avenue, commented that the bicycle situation on Hudson Terrace has
improved. She thanked the police for their effort. She mentioned that there is an excess of dirt
spreading from the construc tion. Mr. Hipolit offered to call Soil Conservation. They are the
enforcing agency.
Mr. Leakas , Rose Avenue, inquired if the town would consider purchasing the remaining building
lots in order to provide open space for the town. The Mayor and Councilman Plawker explained the
requirements of open space and the reasons that this was not a feasible idea.
On a motion by Manolio, seconded by Norton, the public portion of the meeting was closed.
Carried.
On a motion by Parisi, seconded by Manolio, the meeting was adjourned at 9:03 p.m.
ATTEST: APPROVED:
ALSO PRESENT:
MAYORPARlSI STATED:
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 Drimones, seconded by Manolio, resolution 03-107 was offered for adoption.
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 03-107
WHEREAS, N.J .S.A. 10:4-12 allows for a public body to go into close d session during a
public meeting, and
WHEREAS, the Ma yor 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 pub lic,
AC o mSITION OF PROPERTY
PENDING LITIGATION
MINUTES OF THE: Caucus Meeting of September 17, 2003 and Regular Meeting of September,
2003 were placed on the Regular Agenda for approval.
TIP FEE
1 YEAR 182,200.00 82.00 (X 1920 TONS) 157,440.00 339,640.00
2 YEARS 187,650.00 84.00 161,280.00 348,930.00
3 YEARS 193.280.00 87.00 167.040.00 360.320 .00
TIP FEE
1 YEAR 175,000.00 67.00 (X 1920 TONS) 128,640.00 303.640.00
2 YEARS 175,000.00 67.00 128,640.00 303,640.00
3 YEARS 180,000.00 70.00 134,400.00 314,400.00
4 YEARS 190.000.00 70.00 134.400.00 324.400 .00
Resolution 03-106 awarding the bid to Miele Sanitation Company was placed on the
Regular Agenda for approval. Carried.
Resolution 02-108 awarding the bid to Beyer Bros. Corp. was placed on the Regular
Agenda for approval. Carried.
ATTEST: APPROVED:
ALSO PRESENT:
MJ\YORPARlSISTATED:
J\DEQU1\TE NOTICE OF THIS MEETING W1\S GIVEN TO THE PRESS J\ND POSTED 1\S
REQUIRED. D1\TE J\ND TIME OF THIS MEETING W1\S LEGJ\LLY GNEN 1\S REQUIRED
BY THE "OPEN PUBLIC MEETINGS 1\CT."
THIS NOTICE IS ON FILE WITH THE MUNICIPJ\L CLERK J\ND POSTED ON THE
BULLETIN BOJ\RD.
MINUTES OF ruts MEETING WILL BE MJ\DE 1\VJ\lLABLE TO THE PUBLIC UPON THE
COMPLETION OF TYPING J\ND PROOFREJ\DING BY THE MUNICIPJ\L CLERK.
CLAIMS:
On a motion by Plawker, seconded by Manolio, the Claims for the month of October, 2003 were
ordered paid.
On a motion by Plawker, seconded by Drimones, resolution 03-106 was offered for adoption.
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 03-106
RESOLVED,
WHEREAS, the Borough of Englewood Cliffs has received bids for Solid Waste
Collection Service; and
WHEREAS, the bids have been reviewed by the Municipal Administrator and the
Municipal Attorney; and
WHEREAS, the Mayor and Council are desirous of awarding the contract to the bidder
providing the lowest cost to the Borough; and
WHEREAS, Miele Sanitation Company has provided the lowest total cost for the year
2004 in the amount of $175,000.00, and a disposal fee in the amount of $67.00 per ton; for the
year 2005 in the amount of $175,000.00 and a disposal fee in the amount of $67.00 per ton; for
the year 2006 in the amount of $180,000.00 and a disposal fee in the amount of $70.00 per ton;
for the year 2007 in the amount of $190,000.00 and a disposal fee in the amount of $70.00 per
ton; and is the lowest responsible bidder for the Solid Waste Collection Service; and
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council does hereby
award the contract for the Solid Waste Collection Service to Miele Sanitation Company, 60
Railroad Avenue, Closter, N.J. 07624, aud that the Borough Attorney is hereby authorized and
directed to prepare the appropriate agreement therefor.
On a motion by Drimones, seconded by Parisi, resolution 03-108 was offered for adoption.
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 03-108
WHEREAS, the Borough of Engl ewood Cliffs has received a bid for Leftover 2000
Specialty Transportation Systems Van ; and
WHEREAS, the bid have been reviewed by the Boro ugh Attorney, Administrato r and
the Chief of Police; and
WHEREAS, the Mayor and Council are desirous of awarding the contract to the bidder
providing the lowest cost to the Borough; and
WHEREAS, Beyer Bros . Corp . has provided the lowest total cost in the amount of
$25,000 .00 and is the lowest respon sible bidder for the 2000 Specialty Transportat ion Systems
Van; and
NOW, THEREFORE, BE IT RESOLVED that nie Mayor and Council does hereb y
award the contra ct for the 2000 Specialty Transportation Systems Van to Beyer Bros. , Corp., 109
Broad Avenue, Route I & 9, Fairview, N.J. 07022 in the amount of $25,000.00 and that the
Borough Attorney is hereby authorized and direc ted to prepare the appro priat e agree ment
therefor.
RESOLUTIONS:
MAYORPARlSI STATED:
"IF ANYONE WISHES TO COMMENT ON ANY RESOLUTION TO BE ACTED ON THIS
EVENING, THEY MAY DO SO AT THIS TIME."
On a motion by Manolio, seconded by Kas off, R esolution 03-102 wa s offered for adoption:
ROLLCALL:
AYES: Plawker, Murp hy, Drimones, Kasoff, Parisi, Norton
RESOLUTION 03-102
WHEREAS, the Englewood Cliffs Voluntee r Fire Department has recommended the
appointment of Scott A. Weinshank as a junior member of the Englewood Cliffs Volunteer Fire
Department;
NOW, THEREFORE BE IT RESOLVED that the Mayor and Council of the Borough
of Englewood Cliffs does hereby approve the membership of Scott A. Weinshank as a junior
member of the Englewood Cliffs Volunteer Fire Department.
On a motion by Kasoff, seconded by Norton, Resolution 03-103 was offered for adoption:
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 03-103
WHEREAS, the Englewood Cliffs Volunteer Fire Department has recommend ed the
appointment of Alyssa M. Cioffi as a junior member of the Englewood Cliffs Volunte er Fire
Department ;
NOW, THEREFORE BE IT RESOLVED that the Mayor and Council of the Borough
of Englewood Cliffs does hereby approve the membership of Alyssa M. Cioffi as a ju nior
member of the Englewood Cliffs Volunteer Fire Department.
On a motion by Plawker, seconded by Parisi, Resolution 03-104 was offered for adoption:
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 03-104
WHEREAS, the County of Bergen is the most densely populated county in the State of
New Jersey with 884,118 residents and with 96% of the County land developed; and
WHEREAS, the residents of Bergen County in 1998 voted to approve and establ ish the
Bergen County Open Space, Recreation, Farmland & Historic Preservation Trust Fund (the
"Trust Fund") to acquire lands, maximize recreational opportunities, and preserve farmland and
historic areas and assist all 70 municip alities to improve their municipal open space and
recreational facilities; and
2003 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 2003-000231-REV1
03-186
OCTOBER 15, 2003
WHEREAS, in its first four years of operation (1999-2002), the Trust Fund has awarded
205 grants to help preserve our remaining open space land, make improvements to County parks,
preserved 224 acres of farmland and provided nearly one million dollars for historic preservation
of historic properties throughout Bergen County and assisted the municipalities of Bergen County
to acquire land and make improvements to municipal recreational facilities ; and
WHEREAS, the Bergen County Board of Chosen Freeholders has placed a Publi c
Question on the November Ballot to ascertain the sentiment of the legal voters of the County of
Bergen pertaining to the Trust Fund; and
WHEREAS, the voters of Bergen County are being asked to reauthorize and to increase
the monies raised for the Trust Fund to sum not to exceed one cent ($0.01) per One Hundred
($100 .00) Dollars of total County equalized real property valuation for the specific following
purposes:
"
a) The acquisition and improvement of land for conservation and recreation
purposes; :
b) The acquisition of farmland for farmland preservation purposes;
c) The capital improvement of county-owned park facilities;
d) The acquisition or upgrade of qualified historic preservation facilities;
e) The acqu isition and improvement of municipal outdoor recreation/conservation
facili ties;
On a motion by Plawker, seconded by Drimones, Resolution 03-105 was offered for adoption:
ROLLCALL:
AYES: Plawker, Manolio , Drimones , Kasoff, Parisi, Norton
RESOLUTION 03-105
WHEREAS, stop payments have been placed on checks in the Current Account for
1998,2000,2001 ,2002 and 2003 in the amount of$12,653.56; and
ORDINANCE 2003-17
Councilman Plawker 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 October 23,2003.
The public hearing to be held on November 5,2003. Motion was seconded by Councilman Parisi ..
TI,e ordinance was approved at the first reading upon the call of the roll.
ORDINANCE 2003-13
TIle clerk presented affidavit of publication, showing that advertisement had been made according to
law, which was ordered filed. Councihnan 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.
After ample opportunity had been given and no one responding Councilwoman Drimones moved the
hearing be closed. So ordered.
Councihnan Manolio moved the ordinance be adopted on second reading and fmal passage, which
motion was seconded by Councilwoman Drimones and adopted upon a call of the roll.
03-189
OCTOBER 15, 2003
03-190
OCTOB ER 15, 2003
SECTION D.
A. Longevity for Administrative emp loyees who receive health benefits shall be implemented and
supplemented by adding thereto two perce nt (2%) increase for each four (4) years of service with
a maximum of fourteen perce nt (14%) for twenty eight years of service as a " longevity pay
increase."
B. Longevity for Police shall be implemented and supplemented by adding
there to two percent (2%) increase for each four (4) years of service with a
maximum of sixteen percent (16%) for 32 years of service, as a "longevity
pay increase".
SECTION ill.
Should any part or provision of this Ordinance be held unconstitutional or invalid, such decision
shall not affect the validity oftbis Ordinance as a who le or any part thereof, other than the part
held so unconst itutional or inval id.
SCHEDULE A
POLICE SALARIES FOR 2003
Chie f of Police: a salary for 2003 of $127,308.00
Police Captain: a salary for 2003 of$1 I 1,674.00
Police Lieutenant: a salary for 2003 of$104,368.00
Sergeant: a salary for 2003 of $97,540.00
Patrohnail (I" Grade) : a salary for 2003 of$91 ,159.00
Patrohnan (hired after 1/1/94)
I" Year of Service - 2003: $26,839.00
2"d Year of Service - 2003: $33,858.00
3"' Year of Service -2003: $39,707 .00 " .
4'h Year of Service - 2003: $45,557.00
5'h Year of Service - 2003: $51,406.00
6'h Year of Service - 2003: $57,256.00
7"' Year of Service - 2003: $63,105.00
8'h Year of Service - 2003: $68,954.00
9'h Year of Service - I" Grade Patrohnan
SCHEDULEB
DEPARTMENT OF PUBLIC WORKS SALARIES FOR 2002
Mechanic: Gray, an annual salary of $50,576.00
DPW Worker: Billington, an annual salary of $57,579.00
DPW Worker: Mele, an annual salary of$50,975.00
DPW Worker: New Hire, an annual salary of $24,000.00
DPW Worker: New Hire , an annual salary of $24,000.00
DPW Worker: Neville, an annual salary of $29,559.00
DPW Worker: Fedouchik, an annual salary of $26,779.00
DPW Worker: Maglione, an annual salary of $26,779.00
DPW Worker: Campomanes, an annual salary of $26,779.00
Part-time Department of Public Works Employees:
an hourly wage of$6.75 to $16.87
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
unconstitutional or invalid, such decision shall not affect the validity of this Ordinance as a whole
or any art thereof, other than the part held so unconstitutional or invalid.
This ordinance shall take effect upon final adoption 3J;,d public ation according to law.
ORDINANCE 2003-14
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 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 Manolio and adopted upon a call ofthe roll.
SECTION 2. In order to finance the cost of the several improvements or purposes not
covered by application of the down payment or otherwise provided for hereunder, negotiable
bonds or notes of the Borough are hereby authorized to be issued in the principal amount of
$232,000 pursuant to the Local Bond Law of the State of New Jersey (N.J.S.A. 40A:2-1 et seq.).
In anticipation of the issuance of said bonds or notes, negotiable bond anticipation notes are
hereby authorized to be issued pursuant to and within the limitations prescribed by said Local
Bond Law.
SECTI ON 3. (a) The improvement hereby authorized and the purpose for which the
bonds or notes are to be issued is to provide for the acquisition of motor vehicles for the
Department of Public Works, including but not limited to one rolloff truck with lift, slat spreader
and plow; one Mason Body dump truck; one pickup truck with snow plow and lift gate; and one
utility vehicle, each including all work and materials necessary therefore or incidental thereto.
(b) The estimated maximum amount of bonds or notes to be issued for the
improvement or purpose is as stated in Section 2 hereof.
(c) The estimated cost of the improvement or purpose is equal to the amount of the
appropriation herein made therefore.
03-194
OCTOBER 15, 2003
SECTION 4. 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. 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 N.J.S.A.
40A:2-8(a). 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 5. 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.
SECTION 6. The following additional matters are hereby determined, declared, recited
and stated:
(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 ofthe 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 $232,000, 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.
SECTION 7. Any grant moneys received for the purposes described in Section 3
hereof shall be applied either to direct payment of the cost of the improvement or to payment of
the obligations issued pursuant to this bond ordinance. The amount of obligations authorized
hereunder shall be reduced to the extent that such funds are so used.
SECTION 8. The full faith and credit of the Borough are hereby pledged to the 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 hereby covenants to take illy action necessary or refrain from
taking such action in order to preserve the tax-exempt status of the bonds and notes authorized
hereunder as is or may be required under the Internal Revenue Code of 1986, as amended, and the
regulations promulgated thereunder (the "Code"), including compliance with the Code with
regard to the use, expenditure, investment, timely reporting and rebate of investment earnings as
may be required thereunder.
SECTION 10. To the extent that any previous ordinance or resolution is inconsistent
herewith or contradictory hereto, said ordinance or resolution is hereby repealed or amended to
the extent necessary to make it consistent herewith.
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.
ORDINANCE 2003-15
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 Councilwoman Drirnones 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 Councilwoman Drirnones and adopted upon a call of the roll.
ORDiNANCE 2003-15
BE IT ORDAINED by the governing body of the Borough of Englewood Cliffs, Bergen County, New
Jersey that:
SECTION I : Pursuant to the provisions ofNJ .S.A. 48:1710, NJ .S.A. 48:17-11, and N J .S.A. 48:17-12,
permission and co nsent is hereby granted to Verizon New Jersey Inc., (the "Company"), its successors and
assign s, to install, operate, inspect, maintain, repair, replace and remove its co mmunications facilities and
other transmission or process equipment, including underground facilities , such as conduits, manholes,
cables, wires, and all other fac ilities appurtenant thereto, and above-gro und faciliti es, such as cables, w ires,
antennas, poles , posts, supports, gu ys, pedestals, cable termination and distribution cabinets and all other
facilities appurtenant thereto, in, through, upon, along, over, under, and across all of the various public
streets and ways, which include the roads, avenues, right-of-way, sidewalks, highways, bridges, waterways,
and other public places, and parts thereof, throughout their entire length, and to effect the necessary street
openings and lateral connections to curb poles, property lines and other facilities in the Borough of
Englewood Cliffs (the "Borough") for said Company's local and through lines and other communications
faci lities in con nection w ith the transaction o f its business. In the event that any public street or way whe re
the Company has facilities is vacated by the Borough, the Borough agrees to reserve unto said Company
the rights granted the Company by the present Ordinance.
SECTION 2: All poles, posts, pedestals, cabinets, or other facilities shall be located and placed back of the
curb lines where shown on the official map(s) of the Borough; the poles and posts, however, shall be
located within eighteen (18) inches of the face of such curb line or as may otherwise be mutually agreed by
both parties, or at the points or places no w occupied by the pole s, posts, pedestals, cabinets, or other
facilities of the Company, its successors and assigns, and w here there are no curb lines, at othe r convenient
points or places in. upon, along, adjacent, oracross the public stree ts and ways as may be mutually agreed
upon between the parties.
SECTION 3: T he Company may bury its local and through communications facilities such as cables,
conduit, manholes and associated equipment, fixtures, process equipment and appurtenances within the
right-o f-way of the various publ ic streets and ways and at such locations as shall be mutuall y agreed upon
by the parties for said Company's local and through lines and communications faci lities. Und ergroun d
condui ts and associated facilities, as aforementioned, shall be placed at least eighteen (18) inche s below the
surface of said puh lic streets and ways and with the exception of lateral branches to curb po les and prop erty
lines and other faci lities, the same shall generally not be constructed more than ten (10) feet from the curb
line, unless obstructions make it necessary to deviate from such course or unless the parties mutually agree
to another location. Manholes sha ll be located at such poin ts along the line of underground conduits as may
be necessary or convenient for placing, maintaining, and operating the facilities, as aforementioned, which
the Company may from time to time use in connection with its underground conduit system and shall be so
constructed as to conform to the cross-sectional and longitudinal grade of the surface so as not to interfere
with the safety or convenience of persons or vehicles.
SECTION 4: Before proc eeding with any new cons truction or relocation work in an area cove red by this
Ordinance, the Company shall give prior notice in writing thereof to the Borough, throu gh its designated
representative, of its intention to perform such work. The Company shall obtain such street opening or
excavation permit s as may be lawfully required by any applicable ordinances reg ulati ng such openin gs or
excavations. Any such area affected by the Company in con structing its facilities shall be restored to as
good condition as it was before the com mencement of wo rk thereon. No public streets or ways shall be
encumb ered for a perio d longer than shall be reasonable to execute the work .
SECTION 5: The Company agre es to indemnify and save harmless the Borough from and aga inst all
claim s and liabilities resulting from any injury or dam age to the pprson or property of any person , firm or
corporation caused by or arising out of road conditions resulting from any negligent or faulty excavations,
installation or maintenance connected with the work or equipment of said Company, and not attributable to
the fault or negligenc e of the Borough, except that if such injury or dam age shall be ca used by the j oin t or
concurring negligence or fault o f the Co mpany and the Borough, the same shall be borne by them to the
extent of their respective fault or negligence.
SECTION 6: Whenever a curb line shall be establ ished on streets where one does not now exist or where
an established curb line shall be relocated in order to widen an existing street in conjunction with road
construction being perform ed by the Bo rough, the Co mpany shall change the location of its above-ground
facilities covered by this Ordinance in accordance with appli cahle law, so that the same shall he back of,
and adjacent to, the new curb line so long as the Borough has acted in accordance with applicable law and
with reasonable care in establishing the new curb line and providing notice thereof.
SECTION 7: Any com pany or corporation having legal authority to place its faciliti es in the public stree ts
and ways of the Borough may jointly use the Company's poles, posts , pedesta ls or other struct ures for all
lawful purposes, provided the Company consents to such use, on terms and conditions acceptable to the
Company and not inconsistent with the provisions of the present Ordinance.
SECTI ON 8: The Company shall provide space, to the extent available, on its poles so long as sa id poles
are occupied by the Company and space, to the extent available, in its main conduits ex isting on the date of
passage of this Ordi nance, but not exceedin g one ( I) duct of standard size, for the so le benefit of the
Borough during the pend ancy of this Ordinance. Such space shall be provided for the exclusive use of the
Borough which use shall be limited to accommodating the wires or electrical conductors required for one-
way signal control in connection with municipal police patrol, fire alarm signal control and traffic signal
control systems only; but for no other uses or purposes, either alone or in conjunction therewith; nor for
circuits for the supply of electrical energy for traffic or other signals; nor for wires, conductors, cable or the
equivalent which provide a means of transmitting any signal to a private, commercial or residential
location , and which is normally provided by a nongovernm ental supplier; provided, further, that no such
use or attachment by the Borough shall interfere with the plant or faci lities of or the use thereof by the
2003 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.)
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03-198
OCTOBER 15, 2003
Company. All costs or expenses incurred by the Company in connection therewith shall be paid by the
Borough. It shall be the ob ligation of the Borough 10 attach its wires to the poles or place its electric
conductors in the conduits or manholes of the Company, provided that before proceeding with said work,
either by itself or by a person, firm or corporation engaged to perform such work, the Borough shall give
the Company thirty (30) days prior notice in writing. All such work shall be performed under the
supervision of said Company. The Borough will indemnify and save harmless the Company from and
against all c laims, liabilities or demands arising in any manner in connec tion with the Borough's wires or
facilities or their installation, maintenance, operation or removal , or the Boro ugh's use or enjoyment o f the
Company's plant or facilities provided under this Section 8.
SECTION 9: If any or all of the said streets or ways are later taken over by the County of Bergen or the
State of New Jersey, such County or State shall have such rights and privileges and be subject to the same
terms, conditions and limitations of use as apply herein to the Bo rough, provided, however, that satis factory
prior arrangements as may be necessary are made with the Borough and the Company for the full
protection of the respecti ve interest o f each.
,
SECTION 10: The term "Borough" as used in this Ordinance shall be held to apply 10 and include any form
of municipality or government into which the Borough or any part thereof may at any time hereafter be
changed, annexed, or merged.
SECTION 11: The permission and consent hereby granted shall apply to and cover all communications
facilities of the Company existing at any time, and related structures, process equipment, and appurtenances
heretofore or hereafter erected, constructed, reconstructed, remo ved, located, rel ocat ed, replaced,
maintained, repaired, or operated by the Comp any, its predecessors, succe ssors, or ass igns within the
Borough. This Ordinance shall cancel and supersede all prior consent ordinances between the Borough and
the Company regarding the subject mailer hereof.
SECTION 12: The Compan y shall maintain its property within the Borough and shall comply with
applicable law for the provision of safe , adequate and proper service at just and reasonable rates, and
safeguard the public interest in continuou s and uninterrupted service with in the Bo rough.
SECTION 13: In the event that any provision herein shall for any reason be illegal or unenforceable under
applicable law, such illegality or unenforceability shall not affect any other provisions of this Ordinance,
and this Ordinance shall be construed as if such illegal or unenforceable provision(s) had never been
contained herein .
SECTION 14: The Company shall pay the expenses incurred for advertising required in connection with
the passage of this Ordinance, after the date of its first reading, within thirty (30) days after the Company
has received a bill for said advertising from the publisher. Following final passage of this Ordinance, the
Borough Clerk shall provide the Company with written notice thereof by certified mail. As provided by
applicable law, this Ordinance, and any subsequent amendments, shall not become effective until
acceptance thereof by the Company and approval thereof by the Board of Public Utility Commissioners.
ORDINANCE 2003-16
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 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 Kasoff and adopted upon a call of the roll.
ORDINANCE 2003-16
Section 2. In order to finance the cost of the several improvements or purposes not
covered by application of the down payment or otherwise provided for hereunder, negotiable
bonds or notes are hereby authorized to be issued in the principal amount of $256,500 pursuant to
the Local Bond Law. In anticipation of the issuance of the bonds or notes, negotiable bond
anticipation notes are hereby authorized to be issued pursuant to and within the limitations
prescribed by the Local Bond Law.
Section 3. (a) The improvement hereby authorized and the purpose for which the
bonds or notes are to be issued is to provide for the improvement of various roads, which roads
are identified on a list on file in the clerk's office, including all work and materials necessary
therefor or incidental thereto.
(b) The estimated maximum amount of bontls or notes to be issued for the
improvement or purpose is as stated in Section 2 hereof.
(c) The estimated cost of the improvement Dr purpose is equal to the amount of the
appropriation herein made therefor.
Section 4. All bond anticipation notes issued hereunder shall mature at such times
as may be determined by the chief financial officer: provided that no note shall mature later than
one year from its date. The notes shall bear interest at such rate Dr 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 notes issued pursuant to this bond ordinance, and the chief financial
officer's signature upDn the notes shall be conclusive evidence as to all such determinations. All
notes issued hereunder may be renewed from time to time subject to the provisions of Section II
of Chapter 15 of the 2003 Public Laws of the State of New Jersey. The chief financial officer is
hereby authorized to sell part Dr all of the notes from time to time, at not less than par and accrued
interest, at public or private sale and tD deliver them tD the purchasers thereof upDn receipt of
payment of the purchase price plus accrued interest from their dates to the date of delivery
thereof The chief financial officer is directed to report in writing to the governing body at the
meeting next succeeding the date when any sale or delivery Df the notes pursuant to this bond
ordinance is made. Such report must include the amount, the description, the interest rate and the
maturity schedule of the notes sold, the price obtained and the name of the purchaser.
Section 5. The capital budget (or temporary cap ital budget as applicable) of tbe
Borough is bereb y amended to confo rm with the provisions of this bond ordinance to tbe extent
of any inconsistency berewitb. In tbe event of any such inconsistency and amendment, the
resolution in the form promulgated by the Local Finance Board showing full detail of the
amended capital budget (or amended temporary capital budget as applicable) and capital program
as approved by the Director of the Division of Local Government Servic es is on file with the
Clerk and is availab le there for public inspection.
Section 6. The following additional matters are hereby determined , declared, recited
and stated:
(b) The average period of usefuln ess of the improvement or purpos e, within the
limitations of the Local Bond Law, according to the reasonable life thereof computed from the
date of the bonds authorized by this ordinance, is 10 years.
(c) The Supplemental Debt Statement required by the Local Bond Law has been
duly prepared and filed in the office of the Clerk, and a complete executed duplicate thereo f has
been filed in the office of the Director of the Division of; Local Government Services in the
Department of Community Affairs of the State of New Jersey. Such statement shows that the
gross debt of the Borough as defined in the Local Bond Law is increased by the auth orization of
the bonds and notes provided in this bond ordinan ce by $256,500 and the obligation s authorized
herein will be within all debt limitations prescribed by that Law.
(d) An aggregate amount not exceeding $20,000 for items of expense listed in and
permitted under N.J.S.A. 40A:2-20 is included in the estimated cost indicated here in for the
improveme nt or purpo se.
Section 7. Any grant moneys received for the purposes described in Section 3
hereo f shall be applied either to direct payment of the cost of the improvement or to payment of
the obligations issued pursuan t to this bond ordinance. The amount of obligations autho rized
hereunder shall be reduced to the extent that such funds are so used .
Section 8. The full faith and credit of the Borough is hereby pledged to the punctual
payment of the principal of and the interest on the obligations authorized by this bond ordinance.
The obligations shall be direct, unlimited obligations of the Borou gh, and the Borough shall be
obligated to levy ad valorem taxes upon all the taxable real property within the Boro ugh for the
paym ent of the obligations and the interest thereon without limitation of rate or amount.
2003 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
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OCTOBER 15, 2003
Section 9. The Borough herehy covenants to take any action necessary or refrain
from taking such action in order to preserve the tax-exempt status of the bonds and notes
authorized hereunder as is or may be required under the Internal Revenue Code of 1986, as
amended, and the regulations promulgated thereunder (the "Code") , including compliance with
the Code with regard to the use, expenditure , investment, timely reporting and rebate of
investment earnings as may be required ther eunder.
Section 10. To the extent that any previous ordinance or resolution is inconsistent
herewith or contrad ictory hereto, said ordinance or resolution is hereby repealed or amended to
the extent necessary to make it consistent herewith.
Section I I. This bond ordinance shall take effect 20 days after the first publication
thereof after final adoption, as provided by the Local Bond Law.
CO MMITfEE REPORTS:
The Fire Department an swer ed a mutual aid call in the City of Englewood.
No R eport
CO UNClLWOMANNORTON: Recreation
No Report
No Report
No Rep ort
No R eport
No Report
POLICE REPORT:
PROCLAMATION:
PUBLIC PORTION: On a motion by Drirnones, seconded by Manolio, the meeting was opened to
the public. Carried.
Mr. Cioffi announced that the Lions Club Pancake Breakfast is October 26th
Mr. Leakas congratulated the Health Dept. for the Health Fair.
Ms. Sank asked questions about the Police Van.
On a motion by Manolio, seconded by Drirnones, the public portion of the meeting was closed.
Carried.
On a motion by Norton, seconded by Manolio, the meeting was adjourned at 8:30 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
meetin g 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 tD the public upon the completion of typing and
proofreading by the Muni cipa l Clerk.
On a motion by Drimones, seconded by Manolio, resolution 03-111 was offered for adoption:
ROLL CALL:
AYES: Plawker, Manolio, Drim ones, Kasoff Parisi , Norton
RESOLUTION 03-111
WHEREAS, N.J .S.A. 10:4-12 allows for a public body to go into closed session during a
public meeting, and
WHEREAS, tbe Mayor and Council of tbe Borougb of Englewood Cliffs has deemed it
necessary to go into closed session to discuss certain matters which are exempted from tbe public,
NOW, THEREFORE BE IT RESOLVED , tbat tbe Mayor and Council oftbe Borougb of
Englewood Cliffs will go into closed session for tbe following reason as outlined in NJ.S.A. 10:4-
12:
MINUTES OF THE: Caucus Meeting of October 15, 2003 and Regular Meeting of October 15,
2003 were placed on tbe Regular Agenda for approval.
ATTEST : APPROVED:
03-208
BOROUGH OF ENGLEWOOD CLIFFS
BERGEN COUNTY, NEW JERSEY
ALS O PRESENT:
ADEQUATE NOTICE OF THIS MEETING WAS GWEN TO THE PRESS AND PO STE D AS
REQUIRED. DATE AND TIME OF THIS MEETING WA S LEG ALL Y GWEN AS REQUIRED
BY THE "OPEN PUBLIC MEETINGS ACT."
THIS NOTICE IS ON FILE WITH THE MUNICIPAL CLERK AND POSTED ON THE
BUL LETIN BOARD .
MINUTES OF THIS MEETING WILL BE MADE AVAILABLE TO THE PUBLIC UPON THE
COMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK .
03-209
NO VEMBER 5, 2003
CLAIMS:
On a motion by Plawker, seconded by Manolio, the Claims for the month of November, 2003 were
ordered paid.
RESOLUTIONS:
On a motion by Plawker, seconded by Drimones, Resolution 03-109 was offered for adoption:
ROLLCALL:
AYES: Plawker, Murphy, Drimones, Kasoff, Parisi , Norton
RESOLUTION 03-109
to Gotthold Paving for work completed on the Sewer Rehabilitation of Various Streets ,
Stage 5.
On a motion by Parisi, seconded by Kasoff, Resolution 03-110 was offered for adoption:
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 03-110
WHEREAS , the Parent-Teacher Association of Englewood Cliffs has applied for an On-
Premise raffle license and an On-Premise salsa raffle license; and
WHEREAS, the Parent-Teacher Association of Englewood Cliffs has complied with all
requirements as outlined in N.J.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-Premise raffle license and an On-Premise 50/50 Raffle
license to the Parent Teacher Association of Englewood Cliffs.
On a motion by Parisi, seconded by Norton, Resolution 03-112 was offered for adoption:
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 03-112
WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs is interested in
entering into an Agreement pursuant to State Contract #A8 1 2~5 for the purpose of leasing certain
equipment in conjunction with a supply of certain necessary hardware and software in regard to
the operations of the police Department; and '
WHEREAS, pursuant to said State Contract they have received an offer by G.T.B .M.
Inc., located at SIS Valley Brook Avenue, Lyndhurst, New Jersey 07071 in order to supply said
equipment and services and enter into a Lease Agreement with First Lease , Inc., located at Unit
102, 185 Commerce Drive, Fort Washington, Pennsylvania 19034 in order to pay the
compensation required; and
WHEREAS, in conjunction with same a lese will be entered into with First Lease, Inc.,
located at Unit 102, 185 Commerce Drive, Fort Washington, Pennsylvania 19034, not to exceed
the sum of$132,000.00 which will require three (3) annual payments of $43,887.00, beginning
on June I, 2004 and for further support services beginning at the inception of the contract and
providing for payments for four (4) years thereafter, the first year being free, for a total of five (5)
years in the amount of$7,750.00 per annum; and
WHEREAS, at the completion of said lease the municipality will receive ownership of
all of said equipment within said lease;
03-212
NOVEMB ER 5, 2003
ORDINANCE 2003-11
Mr. Corriston , Municipal Attorney, explaine d that this Ordinance has to be carri ed until the
Decemb er meeting because the Pl anne r had reco mmended some changes to the ordinance.
On a motion by Kasoff, seconded by Drim ones, Ordinance 200 3-11 wa s carri ed to the
meeting of December 17, 2003 . C arried. .'
ORDINANCE 2003-17
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 Councilwoman Drimones moved the
hearing be closed. So ordered.
03-213
NOVEMBER 5, 2003
Councilwoman 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.
COMMlTTEE REPORTS:
Councilman Kasoff thanked the people ofEnglewood Cliffs for their support
during the 2003 General Election.
Councilman Parisi thanked the people of Englewood Cliffs for their support during the
2003 General Election.
The Councilman, Mayor and Police Chief attended the AAA annual awards dinner where
TIle Englewood Cliffs Police Department was given an award for excellence.
Capt. Barrett was thanked by the Secret Service for hi" assistance during a visit by the
President of Pakistan.
Letters of thanks were received from the Chief of Police ofRiver Vale and Ms . Shalouh.
Chamber of Commerce: Met with the Economic Development Corporation and explained
the problems Englewood Cliffs was having with the contractors who are doing the
construction on 9W. They said they would try to help.
No report for the Planning Board since they do not meet until November 13.
Councilwoman Norton stated that she was happy to have Mayor Parisi, Councilman Kasoff
and Councilman Parisi back on the Council..
Basketball registration will take place at the Municipal Building on Nove mber 9.
03-214
NOVEMBE R 5, 2004
Mr. Plawker informed the Council and the public that the individual that complained, in the
Republican literature, that her taxes had risen from $11,000 to $40,000 failed to mention that
she had paid in excess of $4,000,000 for the property. The $40,000 tax bill for the
$4,000,000 property was a fair tax.
The Councilwoman had no report, but she admonished council candidate Sank for stating in
her literature that the Englewood Cliffs Volunteer Fire Department did not respond to calls on
weekends. She asked how could Ms . Sank put such a lie in writing. It was a disservice to all the
Volunteers Firemen.
Councilman Manolio expressed his outrage at Ms. Sank for allowing such a lie to be printed
in her campaign literature about the Volunteer Fire Department not responding on
weekends. How could she say such a thing when she knows it is not true.
Municipal Engineer, Andrew Hipolit, informed the Mayor and Council, that he is leaving
Boswell McClave to go into business on his own. He introduced his replacement, Edward
Mignone. Mr. Hipolit will become the Engineer for Summit, New Jersey.
CHIEF OF POLICE :
Halloween went off very well. The children behaved very well.
PUBLIC PORTION: On a motion by Parisi, seconded by Kasoff, the meeting was opened to the
public. Carried.
Ms. Sank stated that she does have students in her class.
Mr. Leakus thought it was terrihle what was said ahout the Volunteer Fire Departme nt.
On a motion hy Norton, seconded by Drimo nes, the public portion of the meeting was closed.
Carried.
On a motion by Drimones, seconded by Norton, the meeting was adjourned at 8:43, 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.
On a motion by Parisi, seconded by Manolio, resolution 03-116 was offered for adoption.
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 03-116
RE: CLOSED SESSION
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:
PUBLIC SAFETY
The Closed Session began at 6:40 p.m. and ended at 7:05 p.m.
MINUTES OF THE: Caucus Meeting of November 5,2003 and Regular Meeting of November 5,
2003 were placed on the Regular Agenda for approval.
Tax Appeal Attorney: Tax Appeals, 140 Sylvan Avenue and 120 Middlesex Avenue
Resolutions 03-113 and 03-114, approving the tax appeal settlements, were placed on the
regular agenda for approval.
Resolution 03-115, granting permission to remove the sidewalk was placed on the regular
agenda for approval.
Mayor Parisi armounced that the Library Committee will be meeting with the Englewood
Library and the many rulings ofBCCLS will be discussed as well as the fee for next year.
On a motion by Parisi, seconded by Manolio , the Municipal Attorney was authorize to write
the County Executive about the hardships BCCLS was placing on the citizens of Englewood
Cliffs.
2003 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
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03-217
DECEMBER 17, 2003
Resolution 03-120 approving the retaining of Boswell McClave to investigate the existence
of asbestos at the old Corn Products Building, was placed on the regular agenda for
approval.
Resolution 03-121, approving payment, was placed on the regular agenda for approval.
M unicipal Engineer Estimate #5, Change Order #2, 2002 Road Improvement
Pro gram '
Resolution 03-123, approving payment, was placed on the regular agenda for approval.
Resolution 03-125, approving payment, was placed on'the regular agenda for approval.
NEW BUSINESS:
Yvonne Favaro, Chairman, of the Shade Tree Commission made her annual report to the
Mayor and Council. She outlined what had taken place during 2003 and what plans the
Commission had for 2004.
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.
03-220
DECEMBER 17, 2003
On a motion by Plawker, seconded by Manolio, the Claims for the month of December, 2003 were
ordered paid.
03-221
DECEMBER 17, 2003
RE SOLUTIONS:
On a motion by Plawker, seconded by Drimones, Resolution 03-113 was offer ed for adoption:
ROLLCALL:
AYES: Plawker, Murphy, Drimones, Kasoff, Parisi, Norton
RESOLUTION 03-113
WHEREAS, Thomas Browning, Inc. is the owner of an office buildin g located at 140
Sylvan Avenue, also designated as Block 130, Lot 25; and
WHEREAS, discovery has been completed and discussions held in the Tax Court; and
NOW, THEREFORE, BE IT
RESOLYED by the Mayor and Council of the Borough of Englewood Cliffs that the tax
attorney be and is hereby authorized and directed to execute any and all documents necessary to
effectuate settlement of the presently pending litigation entitled Thomas Brownin!!. LP v.
En!!lewood Cliffs, so that the 2002 and 2003 appeals will be reduced from $16,339,000 to
$13,150,000; and be it further
RESOLYED , that the aforesaid settlement is predicated upon a full waiver of any and all
pre-j udgment interest by the taxpayer.
On a motion by Plawker, seconded by Manolio, Resolution 03-114 was offered for adoption:
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
03-222
DECEMBER 17, 2003
RESOLUTION 03-114
WHEREAS, Thomas Browning, Inc. is the owner of vacant land located at 120
Middlesex Ave nue, designat ed as Block 130, Lot 28; and
WHEREAS, discovery has been complete d and discussions held in the Tax Court; and
RESOLVED by the Mayor and Council of the Borough of Englewood Cliffs that the tax
attorney be and is hereby authorized and directed to execute any and all documents necessary to
effectuate sett lement of the presently pen ding litigation enti tle'd C & R Realty & Management Co.
v. En glewood Cliffs, so that the 200 2 and 2003 appeals will 6e reduced from $1,080,000 to
$1,000,000; and be it further
RESOLVED, that the aforesaid settl ement is predicated upon a full waiver of any and all
pre-judgment interest by the taxpayer.
On a motion by Manolio, seconded by Drimones, Reso lution 03-115 wa s offere d for adoption:
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 2003-115
Mr. & Mrs. Kostakis, resi ding at 72 Hickory Street are hereby give n
permi ssion to remove the sidewa lk that is located in front of their home in order
that their home will conform with the ir neighbors.
It is to be understood that Mr. & Mrs. Kostaki s are solely respon sible for the
remo val of the sidewalk and the cost thereof. The Borough of Englewood Cliffs
is not responsible for any of the costs of this project.
On a motion by M anolio, seconded by Pari si, Resolution 03-117 was offered for adoption:
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 03-117
WHEREAS, Montammy Fund, P.O. Box 496, Alpine, New Jersey, has donated $i,OOO.OO
to the Englewood Cliffs Police Department; and .
WHEREAS, the money has been specifically donated to the Englewood Cliffs Police
Department toward setting up a Mobile Command Communicat ions and Command Post Vehic le;
and
WHEREAS, a cbeck in the amount of $i ,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 bereby accept
the generous donation of Montamm y Fund, toward setting up a Mobile Command
Communicat ions and Command Post Vebicle.
On a motion by Manolio, seconded by Parisi, Resolution 03-118 was offered for adoption:
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 03-118
WHEREAS, the money has been specifically donated to the Englewood Cliffs Police
Department toward setting up a Mobile Command Communications and Command Post Vehicle;
and
03-2 24
DECEMBER 17, 2003
WHEREAS, a cbeck in tbe amount of $1,000.00 bas been received by tbe Borougb and
bas been deposited in the Borougb' s account;
NOW, THEREFORE,
BE IT RESOLYED tbat the Englewood Cliffs May or and Council does bereby accept
tbe generous donat ion of Citigro up, toward setting up a Mo bile Command Communicat ions and
Command Post Vehicle.
On a motion by Pl awker, seconded by Parisi, r esolution 03-119 was offered for adoption.
ROLL CALL :
AYE S: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 2003-119
,
RE: TRANSFER OF FUNDS BETWEEN 2003 BUDGET i APPROPRIATIONS
BE IT RESOLYE D by the Mayor and Council of the Borough of Englewood Cliffs that the
following transfers between the 2003 Budget appropriations be made:
FROM : TO:
03-225
DECEMBER 17, 2003
$41 ,936.00
On a motion by Norton, seconded by Drimones, resolution 03-120 was offered for adoption.
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 03-120
WHEREAS, Unilever, formerly known as Best foods, has filed tax appeals challenging
the assessments of its corporate headquarters property; and j
NOW, THEREFORE, BE IT
RESOLYED by the Mayor and Council of the Borough of Englewood Cliffs that
Boswell McClave Engineering be and is hereby retained to investigate, inspect and prepare a
written report concerning the present condition of the existence of asbestos at the Unilever
facility; and be it further
RESOLYED that Boswell McClave shall be paid in accordance with its contractual
municipal rate, at a fee not to exceed $10 ,000.
On a motion by Plawker, seconded by Manolio, resolution 03-121 was offered for adoption.
ROLLCALL:
AYES: Plawker, Manolio, Drimones,Kasoff, Parisi, Norton
RESOLUTION 03-121
to National Water Main for work completed on the Sewer Rehabilitation of Various Streets,
"
Stage 6.
On a motion by Parisi, seconded by Manolio, resolution 03-122 was offered for adoption.
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff.'Parisi, Norton
RESOLUTION 03-122
WHEREAS, there exists a need for the Borough of Englewood Cliffs Health Department
to provide state mandated animal control services of a professional nature ; and
WHEREAS, the Bergen County Department of Health Services can provide duly
qualified personnel to carry out these services; and
WHEREAS, the Bergen County Department of Health Services has agreed to provide
animal control services through a contract agreement with the Borough of Englewood Cliffs,
Department of Health for the Calendar year 2004; and
WHEREAS, the maximum amount of the contract is $6,919.00 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:
WHEREAS, the Animal Center will be responsible for those services delineated in the
Column I "Mandated Services: Animal Regulatory Control Compliance" and Column II
"Additional Services"; and
03-227
DECEMBER 17, 2003
On a motion by Parisi, seconded by Manolio, resolution 03-123 was offered for adoption.
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff,,Parisi, Norton
RESOLUTION 03-123
Certificate #5 and Change Order #2 in the amount of$12,382 .13 be paid; and
WHEREAS, a two year maintenance bond in the amount of $74,491.00, has been placed on
file in the office of the Municipal Clerk;
Borough of Englewood Cliffs, does hereby approve the final payment of$12,382.13
to Smith-Sondy Asphalt for work completed on the 2002 Road Improvement Program.
On a motion by Drimones, seconded by Norton, resolution 03-124 was offered for adoption.
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTON 03-124
WHEREAS, pursuant to N .J.S.A. 40A:11-5 (s) the Munic ipality may award a contract
without puhlic advertising for the purpose of marketing recyclable mate rials; and
WHEREAS, the Municipality bas received an offer from All American Recycling Corp .,
to furnish said services in regard to an Agreement, a copy of which is attached hereto;
IT IS FURTHER RESO LVED that all payments between the Municipality and the
Contractor shall be made with sixty (60) days following the first day of receipt of goo ds.
.'
I hereby certi fy that the within Resolution was passed by the Mayor and Council of the
Borough of Englewood Cliffs on this 17"' day of December, 2003.
On a motion by Plawker, seconded by Parisi, r esolution 03-125 was offered for adoption.
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 03-125
NOW, THEREFORE, BE IT RESO LVED , that the Mayor and Council of the
to Gotthold Paving for work completed on the Sewer Rehabilitation of Various Streets,
Stage 5.
03-229
DECEMBER 17, 2003
On a motion by Plawker, seconded by Drimones, resolution 03-126 was offered for adoption.
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 03-126
On a motion by Parisi, seconded by Norton, resolution 03-127 was offered for adoption.
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTON 03-127
WHEREA S, should Englewood Cliffs move forward with the condemnation, a full
report including an interior inspection will be prepared; and
WHEREAS, the cost of preparing the initial reports will be $1,500 each with to total cost
for full appraisal reports not to exceed $6,500 inclusive ofthe cost of the preliminary reports; and
WHEREAS, the preliminary inspection will require thirty (30) days and a full inspection
will require and additional fifteen (15) days; and
WHEREAS, in addition to the appraisal fee, all court and conference time will be billed
at a rate of $100 per hour and will include all out-of-pocket costs;
NOW, THEREFORE BE IT RESOLVED that the Mayor and Council does hereby
retain the services of McNerney & Associates, Inc. to conduct a preliminary appraisal of
properties located at Block 513, Lots 5 & 7; and Block 514, Lot 4.
On a motion by Norton, seconded by Parisi, resolution 03"128 was offered for adoption:
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 03-128
I
WHEREAS, the Borough of Englewood Cliffs has been awarded an additional $140,000
local aid grant from the Department of Transportation for Roadway Improvements to Floyd Street
(Section 3) for 2004; and
WHEREAS, THE Borough of Englewood Cliffs requested that the New Jersey
Department of Transportation allow that the two grants for Section 2 and 3 be combined into a
single project;
NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Borough
of Englewood Cliffs requests that the New Jersey Department of Transportation grant an
extension of contract award date from December 31, 2003 to July I, 2004 so as not to jeopardize
the existing $150,000 grant.
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
Mr. Corriston explained that in discussion with other Attorneys, it was decided that changes
had to be made to the ordinance. The changes were significant enough that the ordinance
would have to be re-introduced. According to statute, any Ordinance introduced must be
adopted in the same calendar year. Thus, the ordinance as amended would be re-introduced
in 2004.
"
COMMITTEE REPORTS:
The Fire Department has received the new fire truck. PIe wishes them the best of luck with
the new piece of equipment.
The Fire Department responded to a Mutual Aid call for a very serious fire in Englewood.
Santa Claus visited the community with candy for all the kids.
The Chamber of Commerce donated $2,500 to the Police Department for their Command
Vehicle.
Mr. Gerger, Dean of St. Peters College has allowed the Police Department to conduct their
911 training at the College Facility.
Councihnan Parisi asked that the County be contacted to try to make the road in the area of
Van Nostrand Ave. on Hudson Terrace more safe.
The Planning Board approved a new storage shed for the Assembly Restaurant.
The application from 570 Sylvan Avenue was carried to the January meeting.
On December 18, Patrohnen Romano, Henkehnan & Wicker will be on the force for 3
years.
The Dooley Family thanked the Police Department for the escort provided for the fimeral of
their father.
2003 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 2003-000278-REV1
03-232
DECEMBER 17, 2003
Councilman Manolio congratulated the DPW for the excellent snow removal during the last
2 snow storms.
CHIEF OF POLICE:
The Department received a $2,400 grant from the N.J. Office of Emergency Management.
Captain Barrett has retired from the Police and Fire Pension Fund after having served for 16
years.
NEW BUSINESS:
Councilman Parisi asked about the landscaping at the new Toyota Building. According to
the plans, much larger plants and trees should have been planted.
The Seniors are asking that we investigate the possibility of taking them to banks as well as
to shopping centers and food markets.
The Borough should get a hold harmless agreement with the Speisers before we remove the
driveway curbing on their property.
2003 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 2003-000279-REV1
03-233
DECEMBER 17,2003
Councilman Parisi would like to investigate the feasibility of finding a new Health Benefits
program. The Savoy Assoc. perform these studies. All they need is census information
from the Chief Financial Officer.
Councilwoman Drimones announced that the Ambulance Corps committee will present their
recommendations at the January meeting.
PUBLIC PORTION: On a motion by Parisi, seconded by Manolio, the meeting was opened to the
public. Carried.
Mr. Leakus spoke about Martin Cadillac infringing upon the buffer zone with out
penmssion.
On a motion by Manolio, seconded by Drimones, the public portion of the meeting was closed.
Carried.
Mayor Parisi wished everyone a Happy and Health Holiday and New Year.
On a motion by Manolio, seconded by Norton , the meeting was, ~djourned at 9:10 p.m.
ATTEST: APPROVED: