Professional Documents
Culture Documents
2004 Complete Mayor & Council Minutes of The Borough of Englewood Cliffs
2004 Complete Mayor & Council Minutes of The Borough of Englewood Cliffs
ALSO PRESENT:
,
Borough Attorney E. Carter Corriston Jr., Esq.
Borou gh Engineer Edward Mignone
Borough Audi tor Steven WieIkotz
Supt. of Public Works Rodney Bialko
Chief of Police Lawrence Whitin g
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 bulIetin board.
Minute s of this meeting will be made available to the public upon the com pletion 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.
Council President Plawker thanked all the volunteers who served on all the Boards and
Commissions for a job well done. He noted that these are volunteers who receive no
payment for all the time they give to the Borough.
On a motion by Manolio, seconded by Drimones, the meeting was adjourned "Sine Die".
carried.
ATTEST: APPROVED:
The Oath of Office was administered to Mayor Joseph C. Parisi, Councilman Jerry Kasoff and
Councihnan Joseph Parisi, Jr. hy the Honorahle Robert Contillo.
ALSO PRESENT:
Adequate notice of this meeting was given to the press and posted as required. Date and time of this
meeting was legally given as required by the "Open Public Meeting Act."
This notice is on tile with the municipal clerk and posted on the bulletin board.
Minutes of this meeting will be made available to the public upon completion of typing and
proofreading by the Municipal Clerk.
SO I WANT TO THANK YOU FOR HAVING THE FAITH AND TRUST IN ME.
TO ONCE AGAIN ELECT ME AS MAYOR OF rars WONDERFUL BOROUGH.
AS I HAVE DONE BEFORE I WILL CONTINUE TO LOOK FOR NEW INITIATIVES
AND WAYS TO BETTER SERVE THE COMMUNITY, SO THAT WE CONTINUE TO
IMPROVE AND MAINTAIN OUR QUALITY OF LIFE.
On a motion by Norton, seconded by Drimones, the resolution 04-12 was offered for adoption:
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-12
WHEREAS, the Borough of Englewood Cliffs Mayor and Council has established their
Regular meeting dates for the year 2004. The regular meetings will be held on the third Wednesday
of each month, at 8:00 p.m. in the Municipal Building, 10 Kahn Terrace, Englewood Cliffs, New
Jersey. Caucus meetings will be held at 6:30 p.m. on the same night as the regular meeting. Action
may be taken at either meeting.
REGULAR MEETING
ROLLCALL:
AYES: Plawker, Manolio, Drim ones, Kasoff, Parisi, Norton
MAYOR PARISI STAT ED : WITH THE ADVICE AND C ONSEN T OF THE C OUNCIL, I
MAKE THE F OLL OWING APPOINTMENTS : .
RESOLUTI ON 04-01
WHEREAS, it is necessary for the Borough of Engle wood Cliffs to engage the services of a
Borough Attorney for the year 2004 to provide Legal services which are necessary for the operation
of said Borou gh; and
WHEREAS, funds will be available by way of budg et appropriation s and passage ofbond
ordinances to compensate said Attorney, and;
WHEREAS, the Local Pub lic Contracts Law (N.J.S.A. 40A:II et seq) requires that the
resolution authorizing the award of contracts for "professional services" without comp etitive bids
must be pub licly advertised;
NOW THEREFORE, BE IT RESO LVED by the Mayor and Council of the Borough of
Englewood Cliffs as follows:
The Borough Attorney for the year 2004 is hereby designated as E. Carter Cor ris ton, Esq.
Th e compensation for said po sition shall be comm ensurate with the services rendered by said
Attorney during the year,
This contract is awarded without public bidding as professional services under the Local
Contracts Law by virtue ofN J.S.A. 40A:11-7 which specifically exempts such contracts from the
requirements of pub lic 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 04-02
WHEREAS, it is necessary for the Borough of Englewood Cliffs to engage the services of a
Borough Auditor for the year 2004 to provide Auditing 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 Auditor, and .
WHEREAS, the Local Public Contracts Law (N.J.S.A.40A: II et seq) requires that the
resolution authorizing the award of contracts for "professional services" witho ut competitive bids
must be publicly advertised;
NOW THEREFORE, BE IT RESOL VED by the Mayor and Council of the Borough of
Englewood Cliffs as follows:
The Borough Auditor for the year 2004 is bereby designated as Steven Wielkotz.
TIle compensation for said position shall be commensurate with the services rendered by said
Auditor during the year;
This contract is awarded without public bidding as professional services under the Local
Contracts Law by virtue of NJ.S .A.40A:11-7 which specifically exem pts 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 04-04
WHEREAS, it is necessary for the Borough of Englewoo d Cliffs to engage the services of
an Engineer for the year 2004 to provide Engineering services which are necessary for the operation
of said Borough; and
WHEREAS, funds will he available by way of budget appropriations and passage of bond
ordinances to compensate said Engineer, and
WHEREAS, the Local Public Contracts Law (N J.S.AAOA: II et seq) requires that the
resolution authori zing the award of contracts for "professiona l service s" without competitive bids
must be publicly advertised; .
This contract is awarded without public bidding as professional services unde r the Local
Contracts Law by virtue ofN J .S.A. 40A:1I -7 which specifically exempts such contracts from the
requirements of public bidding. The Borough Clerk is hereby autho rized and directe d to publish a
copy of this resolution in the newspaper within ten (10) days from the date hereof.
RESOLUTION 04-04
WHEREAS, it is necessary for the Borough of Englewood Cliffs to engage the services of a Bond
Counsel for the year 2004 to provide Legal services which are necessary for the operation of said
Borough; and
WHEREA S, 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 (N.J.S.A. 40A:rl et seq) requires that the resolution
authorizing the award of contracts for "professional services" without competitive bids must be
publicly advertised;
NOW THERE FORE , BE IT RESOLVED by the Mayor and Council of the Borough of
Englewood Cliffs as follows:
The Borough Bond Counsel for the year 2004 is hereby designated as DeCom s, Fitzp atrick, and
Cole.
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 ofN.J.S.A. 40A:l1-7 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.
RESOLUTION 04-14
WHEREAS, it is necessary for the Borough of Englewood Cliffs to engage the services of a
Tax Appeal Attorney for the year 2004 to provide Legal services which are necessary for the
operation of said Borough; 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 se:vices" without competitive bids
must be publicly advertised;
The Tax Appeal Attorney for the year 2004 is hereby designated as Steven M uhlstock, Esq.
and the firm of Gittleman, Muhlstock & Chewcaskie.
TIle compensation for said position shall be commensurate with the services rendered by said Tax
Appeal Attorney during tbe year; .'
This contract is awarded without public bidding as professional services under the Local
Contracts Law by virtue of N.J.S.A. 40A:1l-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 04-15
WHEREAS, the State of New Jersey has mandated that each Munic ipali ty have a Public
Agency Comp liance Officer; and
WHEREAS, the Bo rough of Englewood Cliffs is desirous of complying with the State
Mandate;
NOW, THEREFORE BE IT RESOLYED 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 2004 .
RESOLUTION 04-13
WHEREAS, it is necessary for the Borough of Englewood Cliffs to engage the services of a
Borough Prosecutor for the year 2004 to provide Legal services which are necessary for the
operation of the Municipal Court of said Borough; and
WHEREAS, the Local Public Contracts Law (NJ.SA 40A:11 et seq) requires that the
resolution authorizing the award of contracts for "professional services" without competitive bids
must be publicly advertised;
TIle Borough Prosecutor for the year 2004 is hereby designated as Marc C. Saperstein; and
This contract is awarded without public bidding as professional services under the Local Contracts
Law by virtue ofN.J.S.AAOA:11-7 which specifically exempts ~uch contracts from the requirements
of public bidding. 0
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
J OAN COLEGERO
ROSE MASTELL ONE
CATHERINE CAFIERO
ROSE MASTELLONE
JOSEPHINE HENN
JOAN COLEGERO
RESOLUTION 04-11
WHEREAS, the Borough of Englewood Cliffs has resolved to join the South Bergen
Municipal Joint Insurance Fund, a sel£'excess insured fund, following a detailed analysis and;
WHEREAS, the by-laws of said fund require that each municipality appoint a risk
management consuJtant to perform various profession al services as detailed in the by-laws and;
WHEREAS, the by-laws indicate a minimum fee equal to six (6%) percent of the municipa l
assessment which expenditure represents reasonable compensation for the services required and was
included in the cost considered by the mayor and council and;
WHEREAS the j udgmental nature of the risk managemen t 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 N J .S.AAOA: 11-5 (I) (a) (i).
BOROUGH DEPOSITORIES
RESOLUTION 04-10
BE IT FURTHER RESOLVED that the said banks be and are hereb y authorized to make
payments from the funds on deposit with them upon and according to signed checks, drafts, notes
and/or acceptances of the Borough of Englewood Cliffs pursuant to the attached list of accounts and
authorize d signatures. .
WHEREAS, Section 40 A:4- 19 of Revised Statutes of the local Budget Act pro vides 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 purp oses 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:
Admini strative and Executive:
Salaries and Wages 20,000.00
Miscellaneous Othe r 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
Other Expenses 500.00
Collection of Tax es:
Salaries and Wag es 20,000.00
Other Expenses 1,500.00
Legal Services and Costs
Salaries & Wages 5,000.00
Other Expenses 10,000.00
Munic ipal Court: Inside Cap
Salaries and Wages 2,000.00
Other Expenses 100.00
Engineering Services and Costs:
Other Expenses 3,000 .00
Pub lic Buil dings and Grounds:
Other Expenses 16,000.00
Planning Board:
Salaries and Wages 2,000.0 0
Other Expenses 5,000.00
PUBLIC SAFETY:
F ire:
Salaries and Wages 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 200,000 .00
Sewer System:
Other Expenses 4,500.00
Bergen County Utilities Authority Service Charge 230,000.00
UTILITIE S:
Gas, Electric and Water 15,000.00
Telephone 10,000.00
Water 1,000.00
Street lighting 30,000.0 0
DEBT SERVICE
RESOLUTION 04-08
WHEREAS , in accordance with the provisions of N.J.SA 54:4-67 as amended, the governin g 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 whicb 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 instalhne nt 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 t?Xes become payable.
,
BE IT FURTHER RESOLVED , that any installment received after the expiration of the grace
period shall bear interest from the due date:
RESOLUTION 04-09
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 Borou gh of Englewood Cliffs; and
,
WHEREAS, in order to effectuate such purpose it is necessary to authorize the signing of
payroll checks for the payroll period immediately prior to the formal approval of a salary voucher for
such period;
RESOLUTION 04-16
WHEREAS, NJ .S.A. 40A:5 -14 requires the Borough of Englewood Cliffs to adopt a
Cash Management Plan; and
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 regulation s:
RESOLUTION 03-17
WHERE AS, balances exist in various 2003 budget account(s) at present; and
WHEREAS, it has been deemed by the Chief Financial Officer that these balances are
encumbered; and
WHERE AS, it is the desire of the Mayor and Council to cance l said appropriations to
fund balances;
NOW , THERE FORE, BE IT RESOLVED by the Mayor and Council of the Borough
of Englewood Cliffs, that the following 2003 appropriations are hereby canceled to fund balance:
MAYOR PARISI ASKED THE COUNCIL MEMBERS IF THEY HAD ANY REMARKS
THEY WISHED TO MAKE.
Councilman Kasoff thanked the residents for re-electing him to office. He stated that he would
be leaving of office of Fire Commissioner this year and wished the new commi ssioner, Joseph
Parisi, Jr. much success. He noted that during his tenure as Fire Commi ssioner, he was able to
obtain for the Department the new state of the art fire truck they had wanted.
Councilman Parisi also thanked the residents for his re-election and looked forward to continuing
his efforts on behalf the people of the Borough.
Councilwoman Norton thanked the residents for returning Councilmen Kasoff and Parisi to
office . She looked forward to improving, even more, the recreation program of the Borough.
Counc ilman Plawker reiterated what he had stated at the Sine-die meeting. He again offered his
thanks to the volunteers who served on all the Boards and Commis sions.
ATTEST : APPROVED :
Adequate notice of this meeting was given to the press and posted as required . Date and time of this
meeting was legally given as required by the "Open Public Meetings Act."
This notice is on file with the Municipal Clerk and posted on the 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,
On a motion by Manolio, seconded by Norton, the following resolution 04- 19 was offered for
adoption;
RESOLUTION 04-19
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, THERE FORE BE IT RESOLYEO, that the Mayor and Council ofthe Borough of
Englewood Cliffs will go into closed session for the following reason as outlined in NJ.S.A. 10A-
12:
Tax Appeals
Personnel- Departmental Positions, Police and DPW
Litigation regarding Unilever/Perrino
Councilman Parisi recused himself and left the room during the portion of the closed session
discussion regarding the litigation . ;
Motion made by Manolio, seconded by Drimones to return to the open session of the caucus
meeting.
MINUTES OF THE: Caucus Meeting of December 17, 2003 and Regular Meeting of December
17, 2003 were placed on the Regular Agenda for approval.
OLD BUSINESS:
Municipal Attorney, E. Carter Corriston asked Mrs. Fehre, to send a letter to residents affected by a
water drainage problem in the vicinity of the Skolnick residence. He would like a meeting on
Saturday, February 21, 2004. He asked that he be copied on the letter, as well as, Mr. Bialko, Mr.
Mignone, and Mrs. Norton.
NE W BUSINESS:
The conncil discussed a letter that they were copied on from Mr. John Louglas to Lancaster
Development. The Engineer, Ed Mignone explained the drainage situation in the Van Nostrand area
as it relates to the development there to the conncil. The conncil discussed reaching out to Mr.
Louglas and sending a letter to the developer from Mr. Corristqn regarding the drainage of water in
, and the conncil.
the area of development. The letter would be copied to Mr. Louglas
Conncil President Plawker address ed a petition received by the Clerk's office regarding parklands
located south of Van Nostrand Avenue and North of Irving Avenue. Reside nts residing on the dead
end portion H ickory Street do not want any changes to the area. Mr. Plawker volnnteered to reach
out to theses residents to explain the clean up project being proposed. Mrs. No rton suggested that be
check with the Shade Tree Commis sion regarding the exact plans.
Mrs. Norton annonnced that the field space was limited and that permi ts are needed for anyone to use
the fields for anything other than town sponsored events. She requested that all permit requests be
forwarded to Mr. Vill to avoid any misnnderstandings.
ADJOURN:
Motion by Norton, seconded by Drimones the Caucus meeting was adjourned at 7:58P M.
ATTEST: APPROVED:
ALS O PRESENT :
ADIOQUATIO NOTICIO OF rms MIOflING WAS GNION TO THE PRIOSS AND PO STIOD AS
RIOQUIllliD. DATIO AND TIME: OF rms MIOflING WAS LIOGALLY GIVE:N AS RIOQUIllliD
BY THE "OPION PUB LIC MIOflINGS ACT ."
rms NOTICIO IS ON FILIO WITH Tlffi MUNICIPAL CLIORK AND POSTIOD ON ras
BULLflIN BOARD.
MINUTIOS OF rms MIOflING WILL BIO MADIO AVAILABLIO TO r as PUBLI C UPON rns
COMP LIOTION OF TYPING AND PROOFRIOADING BY rns MUNICIPAL CLIORK.
CLAIMS:
On a motion by Norton, seconded by Drimones, the Claims for the month of January, 2004 were
ordered paid.
COMMUNICATION S:
On a moti on by Parisi, seconded by, Drim ones conununi cation was ordered to be filed.
RESOLUTIONS:
Mrs. Sank thought that no cop ies of the reso lutions were availa ble. Several members of the public
and the deputy clerk informed Mrs. Sank that the copies were in tbe hall with the copies of the
agenda. She inquired as to the location of the property receiving the tax appeal.
On a motion by, P arisi seconde d by Manolio, Resolution 04-20 was offered for ad option :
ROLLCALL:
AYES : P lawker, Murphy, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-20
WHEREAS, The 200 Club has donated $1,500.00 to the Englewood Cliffs Police
Department; and
WHEREAS, a check in the amount of $1,500.00 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 200 Club.
On a motion by Manolio, seconded by Drimones, Resolution 04-21 was offered for adoption:
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-21
TITLE: AUTHORIZE EXPENDITURE OF FUNDS FROM THE RECYCLING
TRUST ACCOUNT
NOW, THEREFORE,
BE IT RESOLYED that the Englewood Cliffs Mayor and Council does hereby authorize
the Superintendent to the Department of Public Works to purchase said vehicle recognizing that
the purchase will be in accordance with the state statutes regarding the use of public funds for
purchasing.
On a motion by Parisi, seconded by Manolio, Resolntion 04-22 was offered for adoption:
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
WHEREAS, there exists a need for the County of Bergen , Offic e of Eme rgency
Management, Department of Public Safety to provide an automated telephone alertin g sys tem
servi ce (here inafter called "system") to be available 24 hours a day, seven days a week, and all
days per year to the seventy municipalities comprising the County of Bergen; and
WHEREAS, the Bergen County Board of Chosen Freeholders adop ted Resolution No.
1434 on October 15, 2003 . aut horizing the County to award a pur chase contract to Swift Reach
Networks, 116 N . Franklin Turnpike, Ramsey, New Jersey 07446 (hereinafter known as the
"service provider") to provide the above-referenced system to th ose munic ipalities so desiring;
and
WHEREAS, the County shall pay 100% of the cost of initial installation, testing, and
trainin g of the system and 100% of the cost of the annual main tenance, testing and trainin g of the
'system; and
WHEREAS, Th e Borough of Englewood Cliffs shall pay 100% of the per-call cbarge of
$0.07 for a 45 second message and $0.035 for a 30 second message with said charges being
incurred on a use-by-us e basis and bill ed directly by the service provider.
BE IT RESOLYED, that the Borough of Englewood Cliffs be and is hereby authori zed
to enter into an Agreement with the County of Bergen to utilize an automated telephone alerting
system service at any time during the County 's contract period with the service provider
(November 5, 2003 through Nove mber 4, 2004 with an option for an additional year); and be it
further
RESOLVED, that the Mayor of the Borough of Englewood Cliffs be and is hereby
authorized to execute said Agreement in a form to be approved by Englewood Cliffs Municipal
Counse l.
On a motion by M anolio, seconded by Norton, Resolution 04-23 was offered for adoption:
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTIO N 04-23
,
RE: TAX APPEAL SETTLEMENT, BLOCK 127, LOT 20,01; BLOCK 132, LOT 3
WHEREAS, Sylvanview Corporation is the owner of certain vacant land located in the
Borougb of Englewood Cliffs, at Block 127, Lot 20.01, mid Block 132, Lot 3, located at the
comer of Sylvan and West Bayvie w avenues; and
WHEREAS, taxpayer has filed a real property tax appeal, which matter is presently
pending the Tax Court of New Jersey; and
WHEREAS, the Borough has reviewed and analyzed all relevant documents and
appraisals of the premises; and
WHEREAS, it is the Borough Appraiser's opinion that the settlement 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 litigation entitled Sylvanview Corp. v. Emdewood Cliffs, pending in
the Tax Court of New Jersey, so that the 2002 total assessment of $1,817,000 will be reduced to a
total of $1,680,000, and the 2003 total assessment of $1,817,000 will be reduced to a total of
$1,680,000 with a refund of approximately $2,600, inclusive of both years, 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 motiou by Parisi, seconded by Manolio, R esolution 04-24 wa s offered for ado ption:
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
WHEREAS, the Borough of Englewood Cliffs has determined that there is a need
for personnel policies and procedures to ensure that employees and prospective
employees are treated in a manner consistent with these laws and regulations,
On a motion by Manolio, seconded by Drimones, r esolution 04-25 was offered for adoption.
RO LLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Pari si, Nort on
RESOLUTION 04-25
WHEREAS, The Borough of Englewood Cliffs has received sealed bids pursuant to a
Resolution permitting the leasing of one additional location on the pre-existing communications
tower situated on block 513, Lots 4 and 5 on the Tax Map ~f the Borough of Englewood Cliffs,
located at 10 Kahn Terrace, Englewood Cliffs, New Jersey; and
WHEREAS, the bid s have been reviewed by the Municipal Attorney; and
WHEREAS, it is the recomm endat ion of the Municipal Attorne y tha t the contract be
awa rded to OMNIPOlNT FACILITIES NETWORK 2, LLC ; and
ORDINANCE INTRODUCTION
COUNCILMANMANOLIO INTRODUCED AN ORDINANCE ENTITLED:
ORDINANCE 2004-02
Councilman Manolio moved the ordinance be given its first reading-. So ordered.
The municipal attorney read the said ordinance by title. Counci~an Manolio moved the ordinance
be adopted on first reading and published in the press j ournal on January 28, 2004.
The public hearing to be beld on February 18, 2004. Motion was seconded by Councilwoman
Drimones.
The ordinance was approved at the first reading upon the call offue roll.
o
ORDINANCE INTRODUCTION
COUNCILWOMAN DRIMONES INTRODUCED AN ORDINANCE ENTITLED:
ORDINANCE 2004-03
Co uncilwoman Drirnones moved the ordinance be give n its first read ing. So ord ered .
TI,e depu ty municipal clerk read the said ordinance by title. Councilwoman Drirnones moved the
ordinance be adop ted on first reading and published in the press j ournal on January 28, 2004
The public hearing to be held on February 18, 2004 Motion was seconded by Co uncilman Manolio.
Th e ordinance was approved at the first reading upo n the call of the roll .
ORDINANCE INTRODUCTION
COUN ClLMAN MANOLIO lNTRODUCED AN ORDINANCE ENTlTLED:
ORDINANCE 2004-04
,
AN ORDINANCE AUTHORIZING THE BOROUqH OF ENGLEWOOD CLIFFS
TO PROVIDE LEGAL COUNSEL AND INDEMNIFICATION FOR OFFICIALS,
EMPLOYEES AND APPOINTEES OF THE BOROUGH IN CERTAIN ACTIONS
BROUGHT AGAINST SAID OFFICIALS , EMPLOYEES AND APPOINTEES.
Co uncihnan Manolio moved the ordinance be given its first readi ng. So ordered.
The deputy munic ipal clerk rea d the said ordinance by title . Councihnan Manolio moved the
ordinance be adopted on first rea ding and publis hed in the press journal on January 28, 2004
TI,e public hearing to be held on February 18, 2004 Motion was seconded by Co uncilwoman
Drirnones.
The ordinance was approved at the first reading upon the call of the roll .
ROLL CALL;
AYES: Plawker, Manolio, Drirnones, Kasoff, Norton
ABSTENTIONS: Parisi
COMMITTEE REPORTS:
No report
Councilman Parisi congratulated Englewoo d Cliffs Police Chief Lawrence Whiting regarding his
new position as President of the Bergen County Chie fs Association. Councilman Parisi also
announced that there will be promotions to Sergeant and lieutenant within the police department. TIle
promotions will be approved at the February Mayor and Council meeting.
The Councilman will have a full report regarding the Fire Department next month. He noted that the
police, fire and ambulance corps all did a superb j ob in the rescue of a pedestrian hit by a vehicle on
9W. T he injured person was airlifted from W itte Field to Hackensack Hospital.
Cou ncilwoman Norton reported that basketball and indoor soccer are ongoing. The re will be a little
league clinic in January. Sign up for Little League will take place on the following two Saturdays at
Upper School on Charlotte Place for ages 8 through 12.
Cou ncil President Plawker ann ounced that articles for the Vie ws on the Cliffs were overdue at this
point. Please rush any articles for the paper to the Jehu s.
No report
Councilman Manolio reported that the Board of Adju stment had one application from AT&T
regardin g a cell tower at 120 Sylvan Avenue, that application was continued to the Febru ary meeting.
Another application from Mart in Cadillac was withdrawn. Councilman Manolio also reported that
the town looked great after so much snow fall. TIle DPW did a great j ob.
Municipal Attorney E. Carter Corriston announced there would be a bond ordin ance at the next
meeting for Info Cop equipment.
No report
NE W BUSINESS:
Council President Plawker asked for volunteers to form a committee that may discuss future
construction planning with the Planning Board and the Board of Education.
PUBLIC PORTION : On a motion by Mano lio, seconded by Parisi, the meeting was opened to the
public. Carried .
Resident Mrs. Breen what action the town was taking regarding the entrance and exit from Van
Nostrand to Hudson Terrace.
Mr. Corriston commented that the county engineer has been contacted, it will be looked into, the
situation is difficult because of the set up of the roadway. Follow up with the county w ill take place.
Residents Mrs . Goldschieder, Mr. Louglas, Mrs. Gagliano and Mrs. Breen all commented on the
drainage situation surrounding the new development on Van Nostrand Avenue .
The council responded that council discussed the situation during the .caucus meeting . A letter will be
sent to the developer by the municipal attorney Mr. Corriston. The municipal engineer Mr. Mignon e
will monitor the situation. The possibility of a dye test was discussed in order to track the flow of the
water.
Mrs . Goldschieder claimed that a drainage pipe exists on the Louglas property. No one has located
this pipe to date. If the pipe exists the engineer will determine its usefulness.
Resident Dr. Vida! commented that the Mc Dermott Avenue homes will create a problem with the
storm drains on Castle Drive. Englewood does not clean up the back up that from the brook on
Middlesex.
Councilman Parisi suggested that perhaps a letter may be sent to Englewoo d and Flat Rock Brook.
Resident Mr. Leakas commented on the Martin Cadillac application to the Board of Adjustment. He
feels that several ordinances have been violated.
Councilman Manolio recused himself during the ensuing discussion regarding Martin Cadillac.
Counc il President Dan Plawker thanked Mr. Leakas for calling attention to the situation of the trees
being cut down to the council and that the council has taken measures to ensure that trees and
landscaping will be restored to the area.
Mr. Leakas noted that the residents were disappointed that they could not speak at the Board of
Adjustment meeting regarding Martin Cadillac. Mr. Corriston explained that once Martin Cadillac
withdrew their application there was no hearing to comment on.
Mr. Martin of Martin Cadillac, also a resident of Englewood Cliffs, commented that there was a lot
of garbage and that the area was unkempt previously. He stated that he intends to improve the area,
replace the fence that had holes in it and make it safer for the children at Upper School. He invited
tile residents to talk to him.
Mr. Louglas noted that there had been a wall in the Van Nostrand development that was knocked
down. The new wall is smaller.
Resident Mrs. Sank asked if the council will respond to resident's complaints.
Mrs. Breen asked about the performance bond posted by Lancaster for the VanNostrand
development.
On a motion by Norton, seconded by Drimones, the public portion of the meeting was closed.
Carried.
On a motion by Parisi, seconded by Manolio, the meeting was adjourned at 9:45 p.m.
ATTEST: APPROVED:
ALSO PRESENT:
Adequate notice ofthis 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.
Minut es of this meetin g will be made available to the public upon the completion of typing and
proofreading by the Municipal Clerk.
Mr. Mignone reported that the developer on Van Nostrand had one more item to complete
before he could recommend the issuance of any CO's. Also the developer has built a berm that
should help with any water runoff in the area.
NEW BUSINESS:
Mr. Parisi reported that a report from the Bergen County Engineer has been received with their
recommendations as to how the traffic problem at Van Nostrand and Bayview Avenue might be
alleviated. Mr. Parisi requested that a committee consisting of Mr. Mignone, Mr. Goldstein, Mr.
Bialko, Chief Whiting, and birnselfwould also research the situation.
Mr. Parisi also informed the Council that limited parking signs have been placed on VanNostrand
Avenue west of 9W to stop the parking problem on that street.
Ms. Norton requested the Municipal Attorney research why circular driveways are only 10 feet wide.
This width is not conducive with the size of many SUVs' and mini vans. Would it be possible to
increase the width to 12 feet.
ATTEST: APP~OVED:
ALSO PRESENT:
ADEQUATE NOTICE OF THIS MEETING VVAS GNEN TO THE PRESS AND POSTED AS
REQUIRED. DATE AND TIME OF THIS ME ETING VVAS LEGALLY GNEN AS REQUIRED
BY THE "OPEN PUBLIC MEETINGS ACT. "
THIS NOTICE IS ON FILE \VITI! THE MUNICIPAL CLERK AND POSTED ON THE
BULLETIN BOARD.
MINUTES OF THIS MEETING VVILL BE MADE AVAILAB LE TO THE PUBLIC UPON THE
COMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK .
CLAlMS:
On a motion by Plawker, seconded by Manolio, the Claims for the month of February, 2004 were
ordered paid.
RESOLUTIONS:
On a motion by Parisi, seconded by Drimones, Resolution 04-26 was offered for adoption:
ROLLCALL:
AYES: Plawker, Murphy, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-26
NOW, THEREFORE,
BE IT RESOLYED that the Englewood Cliffs Mayor and Council does hereby
accept the generous donation of Marya Thomas Coburn.
On a motion by Parisi, seconded by Norton, Resolution 04-27 was offered for adoption:
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-27
WHEREAS, The Englewood Cliffs Chamber of Commerce has donated $2,500.00 to the
Englewood Cliffs Police Department; and
WHEREAS, a check in the amount of $2,500.00 has been received by the Borough and
has been deposited in the Borough's account;
NOW, THEREFORE,
BE IT RESOLYED that the Englewood Cliffs Mayor and Council does hereby accept
the generous donation of The Englewood Cliffs Chamber of Commerce .
On a motion by Parisi, seconded by Norton, Resolution 04-28 was offered for adoption:
ROLL CALL:
AYES: Plawker, Manolio, Drim ones, Kasoff, Parisi , No rton
RESOLtrnION 04:28
WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs is desirous of
promoting certain police officers to the position of Sergeant ; and
NOW, THEREFORE, BE IT
RESOLVED by the Ma yor and Coun cil of the Borough of Englewood Cliffs that Officer
James Rice be and is bereby promoted from the position of Patrohnan to Sergeant, said promotion to
be effective as of February 18,2004; and be it further
RESOLVED that Sergeant Rice's salary is to be as set forth in the 2004 Salary Ordin ance
for Police Sergeant.
On a motion by Parisi, seconded by Plawker, Resolution 04-29 was offered for adoption:
RO LL CALL :
AYES: Plawker, Manolio, Drim ones, Kasoff, Pari si, No rton
RESOLUTION 04-29
WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs is desirous of
promoting certain police officers to the position of Sergeant; and
NOW, THEREFORE, BE IT
RESOLVED by the Mayor and Council of the Borough of Englewoo d Cliffs that Officer
James Rushworth be and is hereby prom oted from the position of Patrohnan to Sergeant, said
prom otion to be effective as of February 18, 2004; and be it further
RESOLVED that Sergeant Rushworth 's salary is to be as set forth in the 2004 Salary
Ordin ance for Police Sergeant.
2004 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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FEBRUARY 18, 2004
On a motion by Kasoff, seconded by Drimones, Resol ution 04-30 was offered for adoption:
ROLL CALL:
AYE S: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs is desirous of
promoting certain police officers to the position of Sergeant; and
NOW, THEREFORE, BE IT
RESOLVED by the Mayo r and Council of the Borough of Englewood Cliffs that Officer
Tod Coletta be and is hereby promoted from the position of Patrolman to Sergeant, said promotion to
be effective as of February 18,2004; and be it further
RESOLVED that Sergeant Coletta's salary is to b~ as set forth in the 2004 Salary
Ordinance for Police Sergeant.
On a motion b y Norton, seconded by ManoUo, r esolution 04-31 was offered for adoption.
ROLL CALL:
AYES: Plawker, Manolio , Drimones, Kasoff, Pari si, Norton
RESOLUTION 04,31
WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs is desirous of
promoting certain police officers to the position of Sergeant; and
WHEREAS, it is the desire of the Council to render those appointme nts effective as of
February 18, 2004;
NOW, THEREFORE, BE IT
RESOLVED by the Mayor and Council of the Borough of Englewood Cliffs that Officer
Ethienne Ershadi be and is hereby promoted from the position of Patrolman to Sergeant, said
promotion to be effective as of February 18, 2004; and be it further
RESOLVED that Sergeant Ershadi 's salary is to be as set forth in the 2004 Salary
Ordinance for Police Sergeant.
2004 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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On a motion by Plawker, seconded by Kasoff, reso lutio n 04-32 was offered for adoption.
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs is desirous of
promoting certain police officers to the position of Sergeant; and
NOW, THEREFORE, BE IT
RESOLVED by the Mayor and Council of the Borough of Englewood Cliffs that Officer
Daniel Morrissey be and is hereby promoted from the position of Patrolman to Sergeant, said
promotion to be effective as of February 18, 2004; and be it further
RESOLVED that Sergeant Morrissey's salary is tq be as set forth in the 2004 Salary
Ordinance for Police Sergeant.
On a motion by Drimones, seconded by Norton, reso lution 04-33 was offered for adoption.
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-33
WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs is desirous of
promoting certain police officers to the position of Lieutenant; and
NOW, THEREFORE, BE IT
RESOLVED by the Mayor and Council of the Borough of Englewood Cliffs that Sergeant
William LaRaia be and is hereby promoted from the position of Sergeant to Lieutenant, said
promotion to be effective as of February 18, 2004; and be it further
RESOLVED that Lieutenant LaRaia's salary is to be as set forth in the 2004 Salary
Ordinance for Police Lieutenant.
On a motion by Manolio, seconded by Parisi, re solution 04-34 was offered for adoption.
ROLL CALL:
AYE S: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOL 0N04,.34
WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs is desirous of
promoting certain police officers to the position of Lieutenant; and
NOW, THEREFORE, BE IT
RESOLVED by the Mayor and Council of the Borough of.·Englewood Cliffs that Sergeant
Timothy Regan be and is hereby promoted from the position of Sergeant to Lieutenant, said
promotion to be effective as of February 18, 2004; and be it further
RESOLVED that Lieutenant Regan 's salary is to be as set forth in the 2004 Salary
Ordinance for Police Lieutenant.
On a motion by Kasoff, seconded by Drimones, resolution 04-35 was offered for adoption.
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-35
WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs is desirous of
promoting certain police officers to the position of Lieutenant; and
NOW, THEREFORE, BE IT
RESOLVED by the Mayor and Council of the Borough of Englewood Cliffs that Sergeant
Douglas Speidel be and is hereby promoted from the position of Sergeant to Lieutenant, said
promotion to be effective as of February 18, 2004; and be it further
RESOLVED that Lieutenant Speidel's salary is to be as set forth in the 2004 Salary
Ordinance for Police Lieutenant.
2004 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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FEBRUARY 18,2004
On a motion by Manolio, seconded by Kasoff, resolution 04-36 was offered for adoptiou.
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-36
BE IT RESOLVED that the Mayor and Council of the Borough of Englewood Cliffs
does hereby authorize the Mayor aud Municipal Clerk to sign the Agreement, between the
County of Bergen and the Borough of Englewood Cliffs, for the 2004 Professional Services
for the Employee Assistance Program.
On a motion by Manolio, seconded by Drimones, resolution 04-37 was offered for adoption.
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-37,
TITLE: BLOODBORNEPATHOGENSCOMPLlANCEPROGRAM
WHEREAS, there exists a need for the Borough of Englewood Cliffs to provide state
mandated health services of a technical and professional nature for the Bloodborne Pathogens
Compliance Program; and
WHEREAS, the Bergen County Department of Health Services can assure compliance
in accordance with P.E.O.S.H.A. as follows: Exposure Control Plan Development; Policies and
Procedures, Training Programs; and Record/Report Generation and Retention and billing support
documentation; and
WHEREAS, the Bergen County Department of Health Services has agreed to provide
public health services through a contract agreement with the Borough of Englewood Cliffs,
Department of Health for the calendar year 2004; and
WHEREAS, the fee is to be in an amount not to exceed $2,100.00 for training and
purchase of the vaccine under State Contract based on $38.00 per vaccination and funds will be
available for this purpose; and
WHEREAS, it has been certified that this meets the statutes and regulations concerning
the award of said contract;
1. That Joseph Favaro, Municipal Clerk is hereby authorized and directed to execute an
agreement with the Bergen County Department of Health Services to perform public health
services of a professional nature for the Bloodborne Pathogens Program for the period January I,
2004 through December 31, 2004 at a cost in a n amount not to exceed $2, I 00.00 for training
and purchase of the vaccine under State Contract based on $38.00 per vaccination; and
On a motion by Manolio, seconded by Norton, resolution Oi39 was offered for adoption.
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RE SOLUTION 04-39 I
;
TITLE: ESTIMATE #3 FINAL, SEWER REHABILITATION, STAGE 6
WHEREAS, a two year maintenance bond in the amount of $28,515.75, has been
placed on file in the office of the Municipal Clerk;
NOW, THEREFORE, BE IT RES OLVED, that the Mayor and Council of the
Borough of Englewood Cliffs, does hereby approve the final payment of $89,380.60
to National Water Main for work completed on the Sewer Rehabilitation, Stage 6.
ORDINANCE IINTRODUClflON
ORDINANCE 2004-05
Councilwoman Norton moved the ordinance be given its first reading. So ordered
The municipal clerk read the said ordinance by title. Councilwoman Norton moved the ordinance
be adopted on first reading and published in the Press Journal on February 26, 2004.
The public hearing to be held on March 24, 2004. Motion was seconded by Councilwoman
Drimones.
The ordinance was approved at the first reading upon the call of the roll.
ORDINANCE 2004-02
On a motion by Manolio , seconded by Drimones, the public hearing on Ordinance 2004-02 was
ordered held to a Special Meeting to be held on March 15, 2004 at 7:00 p.m.
Roll Call:
AYES : Plawker, Manolio, Drimones, Kasoff, Norton
ORDINANCE 2004-03
The clerk presented affidavit of publication, showing that advertisement bad been made according tn
law, whicb was ordered filed. Mr. Plawker moved a public hearing be held on the ordinance. So
ordered. Mr . Plawker moved the clerk read the ordinance hy 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 respondingMs. Drimones moved the hearing be
closed. So ordered.
,
Councilwoman Drimones moved the ordinance be adopted ';)0 second reading and final passage,
which motion was seconded by Councilman Manolio and adopted upon a caU of the roll.
ORDINANCE NO . 2004-03
SECTION I . The Borough of Eng lewood Cliffs shall by ordinance establish titles for
public em ployment b y the Borough and salary ran ges for the Borough employees. (Said
titl ed shall confo rm to the New Jersey Civil Service Act and regulations promulgated by the New
Jersey State Department of Personnel).
SECTION 3. The Borough Clerk shall be responsible to implement and enforce the
personnel practices adopted by ordinance or resolution authorized pu rsuant to this section. If
there is a conflict between said personnel practices and any duly adopted and lawful collective
bargaining agreement, personnel services contract or Federal or Stat law, the terms and
con ditions of tha t contract or law shall prevail. In all other cases, the practices adopted
pursuant to this ordinance shall prevail.
SECTION 6. This ordinance shall take effe ct imm ediately upon p assage and
publication as requ ired by law.
ORDINANCE 2004-04
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. 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.
Mr. Manolio moved the ordinance be adopted on second reading and final passage, which motion
was seconded by Mr. Kassoff and adopted upon a call of the roll.
SECTION 2. The terms of this ordin ance and the definition of offic ial, employee and
appointee are to be construed liberally in order to effec tuate the purpo ses of this ordinance excep t
that these teems shall not mean a) any person who is not a natural person; b) any person whi le
providing goods or services of any kind under any contract with the Borough except an
employment contract; c) any person while provi ding legal or engineering services for
compensation unless said person is a full-time emp loyee of the Borough; and d) any person who
as a condition of his or her appointment or contract is required to indemnify and defend the
Borough and/or secure insurance.
SECTION 3. The Borough shall provi de for defense of and indemnify any present or
forme r official ; employee or appo intee of the Borough who becomes a defendant in a civil action
if the person or persons involved a) acted or failed to act in a matte r in which the Borough has or
had an interes t; b) acted or failed to act in the discharge of a duty imposed or authorized by law;
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FEBRUARY 18,2004
and c) acted or failed to take action in good faith. Fo r purposes of this ordinance, the duty and
authority of the Borough to defend and indemnify sha ll extend to a cross-claim or counterclaim
against said person.
SECTION 4. The Borough shall not indemnify any person against the payment of
puniti ve damages , penalties, or fines, but may provide for the legal defense of such claims in
accord with the standards set forth herein. The Borough may refuse to provide for the defense
and indemnification of any civil action referred to herein if the Mayor and Council determine s
that
a) the act or omi ssion did not occur wi thin the scope of a duty authorized
or imposed by law ;
b) the act or failure to act was the result of actual fraud, willful misconduct or
actual malice of the person requesting defense and indemnification; or c) the defense of the action
or proceeding by the Borough would create a conflict of interest between the Borough and the
person or persons involved .
SECTION 6. Whenever the Borough provides for the defense of any actio n set forth
herein and as a condit ion of such defense, the Borough may assume exclusive control over the
representation of such persons defended and such person shall cooperate fully and with the
Borough.
SECTION 7. The Boro ugh may provi de for the defense of any action set forth herein and
as a condition of such defense, the Boro ugh may assume exclusive control over the
representation of such persons defended and such person shall coopera te fully with the Borough.
SECTION 8. All ordinances or parts of ordinance s other than the zoning ordinance of the
Borough which are inconsistent with the provisions of this chapter are hereby repealed to the
extent of such inconsistency.
SECTION 10. Thi s ordinance shall take effect immediately upon passage and publication
as required by law
COMMlTfEE REPORTS:
No Report
No Report
PUBLIC PORTION: On a motio n by Manolio, seconded by Kasoff, the meeting was opened to the
public. Carried.
On a motion by Drim ones, seconded by Manolio, the public portion of the meeting was closed.
Carried.
On a motion by Mano lio, seconded by Kas off, the meetin g was adjourn ed at 9:44 , p.m .
ATTEST: APPROVED:
AGENDA
DATE: MARCH 15, 2004
ROLLCALL:
ADJOURN:
CALL TO ORDER AT :
MAYOR ,
JO SEPH C. PARISI
COUNCILMAN JOSEPH PARISI,
, JR.
ALSO PRESENT :
"ADEQUATE NOTICE OF THIS SPECIAL MEETING WAS GIVEN TO THE RECORD AND
PRES S JOURNAL AND POSTED AS REQUIRED.
DAT E AND TIME OF r ms SPECIAL MEETING WAS LEGALLY GIVEN AS REQUIRED BY
THE "OPEN PUBLIC MEETINGS ACT."
THIS NOTICE IS ON FILE WITH THE BOROUGH CLERK AND POS TED ON THE
BULLETIN BOARD.
The clerk presented affidavit of publication, showing that advertisement had been made according to
law, which was ordered filed . Councilwoman Norton moved a pub lic hearing be held on the
ordinance. So ordered. Councilwoman Norton moved the clerk .read the ordinance by title on
second readin g. So ordered. The clerk thereupo n read the ordinance by title . The mayo r the n
announced that all interested parties wou ld now be give n opportunity to be heard for or against the
adoption of the ordinance.
Mr. Corriston, Municipal Attorney, spoke on behalf of the Mayor and Council and explained
exactl y what the intent ofthe ordinance was.
After all interested parties had spoken on the ordinance, Councilwoman Norton moved the hearing
be closed. So ordered.
Councilwoman Norton mo ved 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 .
WHEREAS, purs uant to N.J.S .A. 40 :55D-89 ,the 2003 Periodic Re-Examination Report
was presented to the Planning Board of the Borough of Englewood Cliffs on May 27,
2003 by Kasler Associates, P.A.; and
WHEREAS , as a result of same the Planning Board of the Borough. of Englwood Cliffs
adopted said Periodic Re-Examination of 2003 by Resolution of May 27, 200 3; and
WHEREAS, this amendment is consistent with the Master Plan and original Zonin g
Ordinance; and
Residential lands which abut business zones are afforded buffers which are to be
located on the lots within the business zone . The size of the buffer zone imposed upon the
lands zoned for business uses is based upon the location of residential land use .
Residential lots which abut lands which are zoned for business uses in the (B-1)
Zone shall be afforded a buffer area of twenty (20) feet which shall be maintained on the
B-1 Zone.
Residential lots south of Hollywood A venue (or the former Hollywood Avenue
Right-of Way) and north of Van Nostrand Avenue shall be afforded a fifty (50) foot
buffer on any abutting lands zoned for business uses (B-2).
Residential lots north of Holl ywood Avenue (or the former Holl ywood Avenue
Right-of Way) and south of Samford Drive shall be afforded a one hundred and twenty
(120) foot buffer on any adjoining lands zoned for business uses (B).
Residential lots north of Sanford Drive and south of the municipali ty boundary
with Tenafly shall be afforded a one hundred and twenty (120) foot buffer on any
adjoining lands zoned for business uses (B).
Residential lots which abut lands zoned for business uses in the B-3 Zone shall be
afforded a buffer area of twenty (20) feet which shall be maintained on the B-3 Zone lot.
Residential lots which abut lands zoned for business uses in the B-3 Zone and are
parallel to Fifth Street between the Fort Lee boundary and Bayview Avenue, east of
Sylvan Avenue shall be afforded a buffer of twen ty-five (25) feet which shall be
maintained on the lots zoned for business use.
,
Residential lots which abut lands zoned for business uses in the B-4 Zone shall be
afforded a buffer area of twenty (20) fee t which shall be maintained on the lots zoned for
business use.
Residential lots utilized for recreational purposes shall not require buffering on
the lands zone for business uses.
ATTEST: APPROVED:
Adequate notice of this meeting was given to the press and posted as required. Date and time of this
meeting was legally given as required by the "Open Public Meetings Act."
This notice is on file with the Municipal Clerk and posted on the bulletin board.
Minute s of this meeting will be made available to the public upon the completion of typing and
proofreading by the Municipal Clerk.
ROLL CALL:
RESOLUTION 04-50
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:
The closed session began at 6:45 p.m, and ended at 7:25 p.m.
MINUTES OF THE: Caucus Meeting of February 18,2004 and Regular Meeting of February 18,
2004 were placed on the Regular Agenda for approval.
Resolution 04-43, approving the settlement was placed on the regular agenda.
TAX APPEAL ATTORNEY TAX APPEAL, 360 SYLVAN & 44 SYLVAN AVE.
Resolution 04-44 and 04-45 approving the settlements was placed on the regular agenda.
.
Resolution 04-47, approving the settlement was placed ,on the regular agenda .
NEW BUSINESS:
Resolution 04-48, authorizing the Mayor and Clerk to sign the Library Agreement, was
placed on the regular agenda for approval.
Resolution 04-49, authorizing the Mayor to sign the Forestry Plan, was placed on the regular
agenda for approval.
ADJOURN : O n a motion by Manolio, seconded by Kaso ff, the meeting was adjo urned at
7:40p.m.
ATTEST: APPROVED:
ALSO PRESENT:
AD EQU ATE 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 AC T."
r ms NOTICE IS ON FILE WITH THE MUNICIPAL CLERK AND POSTED ON THE
BULLETIN BOARD.
MINUTES OF rnrsMEETING WILL BE MADE AVAILABLE TO THE PUB LIC UPON THE
COMP LETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK .
CLAIMS:
On a motion by Plawker, seconded by Mano lio, the Claims for the month of March, 2004 were
ordered paid.
RE SOLUTIONS:
On a motion by Manolio, seconded by Parisi, Resolution 0440 was offered for adoption:
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-40
On a motion by Plawker, seconded by Drimones, Resolution 04-41 was offered for adoption:
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-41
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
WHEREA S, the Governing Body has decided that an increase in Deferred School taxes
is in the best interest of the Borough at this time;
Deferred Local
School Taxes
On a motion by Manolio, seconded by Norton, Resolution 04-42 ~vas offered for adoption:
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 2004-42
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 Englewoo d Cliffs
does hereby approve the issuance of an ON PREMISE 50/50 raffle license to the
GUILD FOR SISTERS OF ST . JOSEPH OF PEACE.
On a motion by Plawker, seconded by Manolio, Resolution 04-43 was offered for adoption:
ROLL CALL:
AYES: Plawker, Manolio, Drim ones, Kasoff, Parisi, Norton
RESOLUTION 04-43
WHERAS, Lynchen Wass il, owue r of property at 50 Jane Drive, filed tax appea ls for
years 2003 and 2004 challenging the ass essme nts of $4.5 million for thos e years; and
NOW, THEREFORE, BE IT
RESOLYED by the Mayor and Council of the Borough of Englewood Cliffs that the tax
attorney be and is hereb y authorized and directed to execute any and all documents necessary in
ord er to effectuate settlement of the presently pending litigation entitled Wa ssil v. Borough of
Engl ewood Cliffs filed with the Tax Court under Docket Nos. 2669-03 and 576 8-03 by reducing
the assessments for tax years 200 3 and 2004 from $4.5 milliori' to a total of $3 million; and be it
furth er '
RESOLYED, that the aforesaid settl ements are predicated upon a waiver of any and all
pre -judgment interest by the taxpayer.
On a motion by Manolio, seconded by Parisi, Resolution 04-44 was offered for adoption:
ROLL CALL :
AYE S: Plawker, Mano lio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-44
WHEREAS, 360 Sylvan Avenue is the ow ner of certain commercial property located at
360 Sylvan Ave nue in the Borough of Englewood Cliffs, also know n as Block 411, Lot 19; and
WHEREAS, taxpayer has filed a real property tax app eal, which matter is presentl y
pend ing the Ta x Court of New Jersey; and
WHEREAS, the Borough has reviewed and analyzed all rele van t documents and
app raisals of the premises; and
WHEREAS, it is the Borough Apprais er's opinion that the settlem ent is in the best
interests of the Borou gh of Englewood Cliffs,
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NOW, THEREFORE, BE IT
RES OLVED by tbe 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 litigation entitled 360 Sylvan Associates. v. Englewood Cliffs,
pending in the Tax Court of New Jersey, so that the 2002 and 2003 total assessment of
$4,490,000 will be reduced to a total of $3.8 million, with a refund of approximately $13,000,
inclusive of both years, 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 Manolio, seconded by Norton, r esolution 04-45 was offered for adoption.
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-45
WHEREAS, taxpayer has filed a real property tax appeal, which matter is presently
pending the Tax Court of New Jersey; and
WHEREAS, the Borough has reviewed and analyzed all relevant documents and
appraisals of the premises; and
WHEREAS, it is the Borough Appraiser's opinion that the settlement is in the best
interests of the Borough of Englewood Cliffs,
NOW, THEREFORE, BE IT
RE SOLVED 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 litigation entitled Syl Associates. v. Enl!lewood Cliffs, pending in the
Tax Court of New Jersey, so that the 2002 and 2003 total assessment of $3.5 million will be
reduced to a total of $2.7 million, with a refund of approximately $15,000, inclusive of both
years, 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 Plawker, seconded by Parisi, resolution 04-46 was offered for adoption.
ROLLCALL:
AYES: Plawker, Manolio , Drirnones, Kasoff, Parisi, Norton
RESOLUTION 2004-46
BE IT RESOLVED by the Mayor and Council of the Borough of Englewood Cliffs that the
following transfers between the 2003 Budget appropriations be made:
TOTAL $47,544,00
On a motion by Manolio, seconded by Kasoff, resolution 04-47 was offered for adoption.
ROLL CALL:
AYES : Plawker, Manolio, Drirnones, Kasoff, Parisi, Norton
RESOLUTION 04-47
WHEREAS, Uni ted Water Co., owner of property located at 78 Johnson Avenue, also
known and designated as Block 1009, Lot 29, and consisting of a United Jersey water tank on 2.3
acres of land in a residential zone, has appea led the 2002 and 2003 real property assessments,
totaling $2,525,000 for each of the two years ; and
WHEREAS, the appeal is presently pending in the Tax Court of New Jersey; and
WHEREAS, the Borough appraiser and tax appeal attorney have recommended a
settlement of the litigation, which the Council finds to be in the best interests of the municipality;
and
On a motion by Norton, seconded by Parisi, resolution 04-48 was offered for adoption.
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-48
On a motion by Parisi, seconded by Norton, resolntion 04-49 was offer ed for adoption.
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-49
BE IT RESOLVED, that the Borou gh Council ofthe Borough of Englewood Cliffs does
hereby authorize the Mayor and Munic ipal Clerk to sign an Agreement betwe en the Borough of
Englewood Cliffs and The New Jersey Forest Service.
ORDINANCE 2004-05
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 bytitle 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, Parisi moved the hearing be closed. So
ordered.
Parisi moved the ordinance be adopted on second reading and final passage, which motion was
seconded by Nortou and adopted upon a call of the roll.
ROLLCALL:
AYES : Pl awker, Manolio, Drimones, Kasoff, Parisi, N orton
Sectio n 2. In order to finance the cost of the improvement or purpose not covered by
applicat ion of the down payment or otherwise provided for hereunder, negotiable bonds or notes
are hereby authorized to be issued in the principal amount of $128,250 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 the acquisition of computer hardware and software for use
by the Borough of Englewood Cliffs Police Department, and including all other work and
materials necessary therefore and incidental thereto.
Secti on 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 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 notes issued pursuant to this bond ordinance, and the chief financial officer's
signature upon the notes shall be conclusive evidence as to all such determinat ions. All notes
issued hereunder may be renewed from time to time subject to the provisions of the Local Bond
Law. 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 the 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 amount, the description,
the interest rate and the maturity schedule of tbe notes 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 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
tbe Director of the Division of Local Goverrunent Services is on file with the Clerk and is
available there 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 prepared and filed in the office of the Clerk, and a complete executed duplicate
thereof has been filed in the office of the Director of the Division of Local Goverrunent Services
in the Department of Community Affairs of the State of New Jersey. Such statement shows that
the gross debt of the Borough as defmed in the Local Bond Law is increased by the authorization
of the bonds and notes provided in this bond ordinance by $128,250, and the obligations
authorized herein will be within all debt limitations prescribed by that Law.
(d) An amount not exceeding $5,000 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.
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 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 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 obligations and the interest thereon without limitation of rate or amount.
2004 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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Section 9. 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 10. This bond ordinance shall take effect 20 days after the first publication
thereof after final adoption, as provided by the Local Bond Law.
COMMITTEE REPORTS:
Clean Communities received $3,367.00 from the NJDEP.for use by the Borough.
"
COUNCILMAN PARISI: Police, Fire, Legal
TIle Fire Department will conducting the "Wet Down" for the new fire truck on May 23,
starting at 12 noon. Donations to the fire department will be accepted.
,
The Councilman offered his congratulations to the newly appointed volunteer Fireman.
The Police will notify the community that the alarm company that is sending out literature
containing a letter from the Police Department, giving the apparent endorsement of that
company is doing so without permission. The Police Department does not endorse any
alarm company.
Council Parisi reported that He, Chief Whiting, Mr. Bialko and Mr. Goldstein met to come
up with a plan to help alleviate the traffic problem on VanNostrand Ave. and Hudson
Terrace.
TIle Indoor Soccer program is over. The 7"' & 8th grades made the semi-finals,
TIle is the last week for the softball clinic. Columbia University aided in the clinic.
Little League practice begins this week. The season opens on April 10.
Senior Baseball and Girls Softball will be playing with Leonia teams.
The Councilman will investigate ways to enhance the Economic Financial base.
The Planning Board approved a Citi Corp application to install manual gates for use
during emergencies.
PUBLIC PORTION: On a motion by Manolio, seconded by Drimones, the meeting was opened to
the public. Carried.
Ms. Sank: Asked why a special meeting was held on March 15 to adopt
Ordinance 2004-02
Why does the Chamber of Commerce sign say "Trillion Dollar
Mile?"
Mr. Dyer: Asked why the buffer zone behind Martin Cadillac was not being
enforced.
Mr. DiNardo: Complimented the DPW for the snow removal during last storm .
Ms. Breen: Asked who the Sgt. Of Anus was and the Parlimentarian were.
Trucks were producing much dust on VanNostrand.
Water was ponding in front of her driveway
Trees were being removed from Citi Corp property causing their
building to be seen by her. Also a pile of chemicals was on the
ground on the Citi Corp property.
Ms. Goldscheider: Asked where the buffers are in the South end of town.
Mr. Leakis: Agreed that the DPW did a fine snow removal job.
On a motion by Norton, seconded by Manolio, the public portion of the meeting was closed.
Carried.
On a motion by Norton, seconded by Drimones, the meeting was adjourned at 9:30, p.m.
ATTEST: APPROVED:
ALSO PRESENT:
Adequate ootice of this meeting was given to the press and posted as required. Date and time of this
meeting was legally given as required by the "Open Public Meetings Act."
This notice is on file with the Muni cipal Clerk and posted on the bulletin board.
Minutes of this meeting will be mad e available to the public upon the completion of typing and
proofreading by the Muni cipal Clerk.
On a motion by Manolio, seconded by Norton, resolution 04-56 was offered for adoption:
RESOLUTION 04-56
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 N J.S.A. 10:4-
12:
MINUTES OF THE: Special Meeting of March 15,2004; Caucus Meeting of March 24, 2004; and
Regular Meeting ofMarch 24, 2004 were placed on the Regular Agenda for approval.
Resolution 04-51, approving payment, was placed on the regular agenda for approval.
Carried.
NEW BUSINESS: The following Proclamations were placed on the regular agenda.
ADJOURN:
On a motion by Manolio, seconded by Norton, the meeting was adjourned at 7:45 p.m. Carried.
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 MEETING S ACT."
rms 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.
CLAIMS:
On a motion by Plawker, seconded by Manolio, the Claims for the month of April, 2004 were
ordered paid.
,
Ayes: Plawker, Manolio, Drimones, Parisi, Norton
Absent: Kasoff
RESOLUTIONS:
On a motion by Manolio, seconded by Drimones, Resolution 04-51 was offered for adoption:
ROLL CALL:
AYES : Plawker, M urphy, Drimones, Parisi, Norton
ABSENT: Kasoff
RESOLUTION 04-51
WHEREAS, a two year maintenance bond in the amount of71,902.75, has been placed on
file in the office of the Municipal Clerk;
;
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Counc il of the
Borough of Englewood Cliffs, does hereby approve the final/payme nt of $47,892.29
to Gotthold Paving for work comp leted on the Sewer Rehabilitation of Various Streets, Stage 5.
ROLLCALL:
AYES: Plawker, Manolio, Drimon es, Parisi, Norton
ABSENT: Kasoff
RESOLUTION 04-52
WHEREAS, The Mandatory Source Separation and Recycling Act, P.L. 1987, c. 102,
has established a recycling fund from which tonnage grant may be made to municipalities in
order to encourage local source separation and recycling programs; and
WHEREAS, It is the intent and the spirit of the Mandatory Source Separation and
Recycling Act to use the tonnage grants to deve lop new municipal recycling programs and to
continu e 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 RES OLVED that the monies received from the recycling tonnage
grant be deposited in a dedicated recycling trust fund to be used solely for the purposes of
recycling.
On a motion by Parisi, seconded by Plawker, Resolution 04-53 was offered for adoption:
ROLLCALL:
AYES : Plawker, Manolio, Drimones, Parisi, Norton
ABSENT: Kasoff
RESOLUTION 04-53
WHEREAS, the Englewood Cliffs Volunteer Fire Department has recommended the
appointment of jack V. Agresta 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 Jack V. Agresta as an active
member of the Englewood Cliffs Volunteer Fire Department.
On a motion by Pa risi, seconded by Manolio, Resolution 04-54 was offer ed for adoption:
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Parisi, Norton
ABSENT: Kasoff
2004 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 14, 2004
RESOLUTION 04-54
WHEREAS, an application has been filed for a person to person transfer of Plenary Re tail
Conswnption License 0216-33-006-006 , heretofore issued to Chang Soon Inc. for premises located
at 464 Sylvan Aven ue, Englewood Cliffs, New Jersey 07632;
WHEREAS, the submitted application form is comp lete in all respec ts, the Sales Tax Clearance
Certificate is included, the transfer fees have bee n paid, and the license has been properl y renewed
for the current license term ;
WHEREAS, the applicant is qualifi ed to be licensed according -to all standard establis hed by Title
33 of the New Jersey Statutes, regulations promulgated thereunder, as we ll as pertinent local
ordinances and conditions consistent with Title 33;
WHEREAS, the applicant has disclosed and the issuing authority reviewed the source of all fund s
used in the purchase of the license and the licensed busin ess and all additional financing obtained in
connection with license business; and
NOW, THEREFORE BE IT RESOLVED that the Englewo od Cliffs Governing body does hereby
appro ve, effecti ve April 14,2004, the transfer of the aforesaid Plenary Retail Conswnption License
to Shaddai, Inc., and does hereby direct the Municipal Clerk to endorse the license certificate to the
new owners hip as follows: "This licens e, subject to all its terms and conditions, is hereby trans ferred
to Shaddai , Inc., effective April 14, 2004.
On a motion by Parisi, seconde d by Drim ones, Resolution 04-55 was offered for a doption:
ROLL CALL:
AYE S: Plawker, Manolio, Drirnones, Parisi, Norton
ABS ENT: Ka soff
RESOLUTION 04-55
BE IT RESOLVED, that the Borough Counc il of the Borough of Englewood Cliffs does
her eby authorize the Ma yor to sign an contract between the Boro ugh of Englewood Cliffs and
G.T.B.M . Inc. for the installation and purchase of certain commun ications equipment and the
servi ce of same for period of six (6) years.
ORDINANCE INTRODUCTION
ORDINANCE 2004-06
Ms. Drimones moved the ordinanc e be given its first reading. So ordered.
The municipal clerk read the said ordinance by title. Ms. Drimones moved the ordinance
be adopted on first reading and pub lished in the Press Journal on April 22, 2004.
The public hearing to be held on May 19, 2004. Motion was seconded by Mr. Manolio.
The ordinance was approved at the first reading upon the call of the roll.
ORDIiN
COUNCILMAN PARISI INTRODUCED AN ORDINANCE ENTITLED:
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 April 30, 2004.
The public hearing to be held on May 19, 2004. Motion was seconded by Manolio.
The ordinance was approved at the first reading upon the call of the roll.
COMMITIEE REPORTS:
The Chamber of Commerce will hold their annual golf outing during the second week of
August. :
Chief Whiting and Lt. Regan spoke at the Seniors Meeting on the subject of "Cons &
Scams"
,
The 50"'Witte Clinic will start on Saturday, April 16 at 9:30 a.m.
Sgt. Morrissey has celebrated his 141h year on the police force
The Bergen County Police Chief thanked the Department for their support and dedication.
Especially patrolman, David Hill.
Chief Whiting is keeping close watch on the problems caused by the construction on 9W.
Saturday, April 16, is opening day for Little League, Girls Softball, and Senior Baseball.
The girls will play half their games in Leonia and half in Englewood Cliffs.
The Senior Baseball games will be held on Saturdays.
The Town sponsored Yankee game will take place on June 5"' at 4:05 p.m.
Final approval was granted for a major sub-division on Bayvi ew Ave nue
Applications before the Board of Adjustment were held over to the next meeting
because there was a death in the Attorney's family.
NEW BUSINESS:
A RBOR DA Y 2004
WHEREAS, this hol iday, ca lled Arbor Day, was first observed with the planting of more
than a million trees in Nebraska; and
WHEREAS, 2004 is th e 132"" I anniversary of the holiday and Arb or Day is now
observ ed thro ughout the na tion an d the world; and
WHEREAS, trees can reduce the ero sion of ou r precious topsoil by wind and wat er, cut
heating and cooling costs, mod erate the temperature, clean the air , produce life-giving oxygen,
and provid e habi tat for wild life; and
WHEREAS, trees are a renewable resource giv ing us paper, wood for our homes, fuel
for our fires, and beautify our community; and
WHEREAS, trees wherever they are planted , are a source ofj oy and spiritual renewal.
ARBOR D A Y
in the Borough of Englewood Cliffs, and I urge all citizens to celebrate Arb or Day and to support
effort s to protect our trees and woodlands; and
F URT HER, I urge all citizens to plant trees to gladden the heart and promote the we ll-
being of th is and future genera tions .
PROCLAMATION
as
04-96
APRIL 14, 2004
PUBLIC PORTION: On a motion by Manolio, seconded by Plawker, the meeting was opened to
the public. Carried.
Mr. Dyer: Asked for a clarification of how the buffer zones were created.
Ms. Gagliano: Asked for help in alleviating the water probl em she is now encountering.
On a motion by Parisi, seconded by Manolio, the meeting was adjourned at 8:45 p.m.
I
ATTEST: APPROVED:
ALSO PRESENT :
Adequate notice ofthis 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 Kasoff, resolution 04-65 was offered for adoption:
ROLL CALL :
AYES: Plawker, Manolio, Kasoff, Parisi, Norton
ABSENT: Drimones
RESOLUTION 04-65
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,
2004 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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04-98
MAY 19,2004
NOW, THEREFORE BE I'I' 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:
Clo sed session started at 6:35 p.m. and ended at 6:50 p.m. TIle Council went back into open
session on a motion by No rton, seconded by Kasoff and canied.
MlNUfES OF THE: Cauc us Meeting of April 14, 2004 and Regular Meeting of April 14,2004
were placed on the Regular Agenda for approval.
On a motion by Norton, seconded by Parisi, Councilwoman Norton, Mr. Mignone, and Mr.
Bialko were authorized to pursue the matter and to come with some possible solutions.
OW BUSINESS:
On a motion by Norton, seconded by Kasoff, the minutes of January 3, 2003 and January 22, 2003
were amended to show that Councilman Parisi had recussed himself on all matters pertaining to the
introduction and adoption of Ordinance 2003-03 .
ROLL CALL:
AYES: Plawker, Manolio, Kasoff, Norton
ABSENT: Drimones
RECU SSED: Parisi
ADJOURN:
On a motion by Manolio, seconded by Parisi, the Caucus Meeting was adjourned at 7:30 p.m .
Carried .
ATTEST: APPROVED:
ALSO PRESENT:
RESOLUTION 04-60
BE IT F URTHER RESOL VED , that said Budget be publisbed in the Press Journal in the
ROLLCALL:
AYES: Plawker, Mano lio, Kasoff, Parisi, Norton
ABSENT: Drimones
On a motion by Plawker, seconde d by Norton, re solution 04-63 was offered for adoption.
ROLL CALL:
AYES : Plawke r, Manolio, Kasoff, Parisi, Norton
ABSENT : Drimones
RESOLUTION 04-63
WHEREAS, N .J.S.A. 40A:4- 78b bas autborized the Local Finance Board to adopt rules
that permit municipalities in sound fiscal condition to assume the responsibility, normally granted
to the Directo r of the Division of Local Government Services, of conducting the annual budget
examination, and
WHEREAS, N.J.A. C. 5: 3 0- 7 was adopted by the Local Finance Board on February
11,1 997; and
WHEREAS, pursuant to NJ.A.C. 5:30-7.2 thru 7.5 the Borough of Englewood Cliffs has
been declared eligible to participate in the program by the Division of Local Government
Services, and the Chief Financ ial Officer has determined that the Borough meets the necessary
conditions to participate in the program for the 2004 budget year, so now therefore
I. That with reference to the following items, the amounts have been calculated pursuant to
law and appropriated as such in the budget:
a. Payment of interest and debt redemption charges
b. Deferred charges and statutory expenditures
c. Cash deficit of preceding year
d. Reserve for uncollected taxes
e. Other reserves and non-disbursement items
f. Any inclusions of amounts required for school purposes
3. That the budget is in such form, arrangement, and content as required by the Local
Budget Law and N J .A.C. 5:30-4 and 5:30-5.
5. The budget and associated amendments have been introduced, publicly advertised, and in
accordance with the relevant provisions of the Local Budget Law, except that failure to
meet the deadlines of NJ.S.A. 40A:4-5 shall not prevent such certification.
CLAIMS :
On a motion by Manolio, seconded by Norton, the Claims for the month of May, 2004 were ordered
paid .
RESOLUTIONS:
On a motion by Manolio, seconded by Norton, R esolution 04-57 was offered for adoption:
ROLLCALL:
AYES : Plawker, Murphy, Kasoff, Parisi, Norton
ABSENT: Drimones
RESOLUTION 04.,57
WHEREAS, N.J.S.A. 40A:5-4 requires the governing body of every local unit to have made an
annu al audit of its books, accounts and financ ial transa ctions, and .
WHEREAS, The Annual Report of Audit for the year 2003 has been filed by a Registered
Municipal Acco untant with the M unicipal Clerk as per the requirements of N.J.S.A. 40A:5-6, and a
copy has been received by each member of the governing bodyt and
WHEREAS, the Local Finance Board of the State of New Jersey is authorized to prescribe report s
pertaining to the local fiscal affairs , as per R.S. 52:27BB-34, and
WHEREAS, The Local Finance Board has promulgated a regulation requiring that the governing
body of each municipality shall by resolution certify to the Local Finance Board of the State of New
Jersey that all members of the governing body have reviewed, as a minimum, the section s of the
annual audit entitled:
General Comments
Recommendations
and
WHEREAS, the members of the governing body have personally reviewed as a minim um the
Annual Report of Audit, and specifically the sections of the annual Audit entitled :
General Comments
Recommendations
WHEREAS, Such resolution of certification shall be adop ted by the Governing Body no later than
forty-five days after the rece ipt of the annual audit, as per the regula tions of the Local Finance Board,
and
WHEREAS, All members of the governing body have received and have familiarized themselves
with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as
stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board, and
WHEREAS, Failure to comply with the promul gations of the Local Finance Board of the State of
new Jersey may subj ect the members of the local governing body to the penalty provisions of R S.
52:27BB-52 - to wit:
On a motion by Kasoff, seconded by Manolio, Resolution 04-58 was offe red for adoption:
ROLL CALL:
AYES: Plawker, Manolio, Kasoff, Parisi, Norton
AB SENT: Drimones
RESOLUTION 04-58
WHEREAS, an application has been filed for a person to person transfer of Plenary Retail
Consumption License 0216-33-004-011 , heretofore issued to Come' Prima for premises located at 14
Sylvan Avenue, Englewood Cliffs, New Jersey 07632; and
WHEREAS, the submitted application form is complete in all respects, the Sales Tax Clearance
Ce rtificate is included, the tran sfer fees have been paid, and the license has been properly renewed
for the current license term;
WHEREAS, the applicant is qualifi ed to be licensed according to all standard establisbed by Title
33 of the New Jersey Statutes, regulations promulgated thereunder, as well as pertinent local
ordinances and conditions consistent with Title 33;
WHEREAS, the applicant has disclosed and the issuing authority reviewed the source of all funds
used in the purch ase of the license and the licensed business and all additional financing obtained in
connect ion with license business;
NOW, THEREFORE BE IT RESOLVED that the Englewood Cliffs Governing body does hereby
approve, effective May 19, 2004, the transfer of the aforesaid Plenary Retail Consumption License to
Inkad, LLC, 14 Sylvan Avenue, Englewood Cliffs, N.J. 07632, and does hereby direct the Municipal
Clerk to endorse the license certificate to the new ownership as follows: "This license, subject to all
its terms and conditions, is hereby transferred to Inkad, LLC effective May 19, 2004.
.,
On a motion by Manolio, seconded by Parisi, Resolution 04-59 was offered for adoption:
ROLL CALL:
AYE S: Plawker, Man olio, Kasoff, Parisi, Norton
ABS ENT: Drimones
RESOLUTION 04-59 .'
WHERAS, a traffic condition exists at the intersection of Middlesex Ave nue and U.S.
Route 9W in the Borough of Englewood Cliffs in the County of Bergen, whic h requires the
installation and operation of a semi-actu ated traffic control signal with pede strian push buttons
and are as of presence detection in order to minimize the possibility of acc ident s; and
WHEREAS, it is necessary to expedite the safe movement and conduc t of ped estrian and
vehicular traffic; and
WHEREAS, the State of New Jersey has indicated its willingness to install a traffic
con trol signal at said intersection ; and
On a motion by Manolio, seconded by Norton, Resolntion 04-61 was offered for adoption:
ROLLCALL:
AYES: Plawker, Manolio, Kasoff, Parisi, Norton
ABSENT: Drimones
RESOLUTION 04-61
RESOLUTION A UTHORIZING PARTICIPATION OF
THE BOROUGH OFENGLEWOOD CLIFFS IN THE
STATE DEVELOPMENT AND REDEVELOPMENT PLAN
(State Plan) CROSS-ACCEPTANCE PRO CESS
WHEREAS, the State Planning Act of 1985 (N.].SA 52:18A-196 et. Seq.) created a State
Planning Commission and an Office of Smart Growt h for the purpose of establishing a
cooperative planning process that involves the full participati~n of state, county and local
governments; and,
WHEREAS, the State Planning Act states that New Jersey needs integrated and coordinated
planning in order to conse rve its natural resources, to revitali~e its urban centers, to provide
affordable housing and adequate publi c facilities at a reasonable cost, to promot e equal social and
economic opportunity for New Jersey's citize ns, and to prevent sprawl and prom ote the suitable
use ofland; and,
WHEREAS, the prima ry duty and responsibility for the State Plannin g Commiss ion under the
State Planning Act is the preparation of a "State Development and Redevelopment Plan," and,
WHEREAS, the State Planning Act also provides that the State's municipalities are to have an
esse ntial role in the development of the State Plan through their participation in the cross-
acceptance process to be conducted under the Act; and,
WHEREAS, the cross -acceptance process is the primary vehicle under the Act for promoting
vertical coordination and integration of state, county and local plans by affording county and
municipal governments a full and open opportunity to be involved in reconciling inconsistencies
between state and local policies; and,
WHEREAS, the Bergen County Board of Chosen Freeholders has concluded that it is
appropriate, necessary and in the County's interest to fully participate in the devel opment of the
State Plan through the full and active participation of the County government, including in
particular its Planning Board and its Department of Plannin g, in the cross-acceptance process,
WHEREAS, the Governing Body of the Borou gh of Englewood Cliffs has concluded that it is
appropri ate, necessary and in the municipality interest to fully participate in the development of
the State Plan through the full and active participation of the Municipal government, includin g in
particular its Planning Board, in the cross-acceptance process,
1. That the Borough of Englewood Cliffs is hereby authorized and directed to carry out the cross-
acceptance process pursuant to the State Planning Act, N.].S.A. 52:18A-I96 et. Seq. and the State
Plannin g Rule s, N.J.A.C .. 17:32 and any other rules promulgated by the State Planning
Commission for this purpose :
2. That the Municipal Plannin g Board shall appoint a Cross-Acceptance representative responsible
for participating in County-sponsored meetings, workshops, and questionnaires, as well as
communicating information between the Municipal Planning Board , governing body, and County
Cross-Acceptance coordina tors. An alternate representative may also be appointed to represent
the municipality should the primary representative be unavailable to fulfill hislher
responsibilities.
ORDINANCE 2004-08
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 May 27, 2004.
The public hearing to be held on June 16,2004. Motion was seconded by Councilman Manolio.
The ordinance was approved at the first reading upon the call of the roll.
ORDINANCE 2004-09
Councilman Manolio moved the ordinance be given its first reading.. So ordered.
The municipal clerk read the said ordinance by title. Councilman Manolio moved the ordinance
be adopted on first reading and published in the Press Journal on May 27, 2004
The public hearing to be held on June 16, 2004 Motion was seconded by Councilman Parisi.
The ordinance was approved at the first reading upon the call ofihe roll.
On a motion by Manolio, seconded by Kasoff, resolution 04-62 was offered for adoption:
ROLLCALL:
AYES: Plawker, Manolio, Kasoff, Parisi , Norton
ABSENT: Drimones
RESOLUTION 04-62
WHEREAS, the Borough of Englewood Cliffs desires to constitute the 2004 Temporary
Capital Budget of said municipality by inserting therein the following project.
Section 1. The 2004 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
Section 2. The Clerk be and is authorized and directed \0 file a certified copy ofthis
resolution with the Division of Local Government Services Department of Community Affairs, State
ofNew Jersey, within three days after the adoption of this project for 2004 Temporary Capital
Budget, to be included in the 2004 Permanent Capital Budget as adopted.
ORDINANCE 2004-06
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 ordinance.
After all interested parties had spoken on the ordinance, Mr. Parisi moved the hearing be closed. So
ordered.
Mr. Parisi 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.
ROLLCALL:
AYES: Plawker, Manolio, Kasoff, Parisi, Norton
ABSENT; Drimones
ORDINANCE 2004-06
BE IT ORDAINED by the Mayor and Council of the Borough of Englewood Cliffs that
Chapter XI, SUBSECTION 9-20.1 DEMOLITION PERMIT: SECURITY REQUIREMENTS
shall be amended to include Subsection 9-20.1b to read as follows:
9-20.1b .,
Prior to the issuance of a building permit, or within three (3) business days after
demolition is completed in accordance with a Borough demolition permit, all existing storm
drainage lines, including sump pump discharge lines, sanitary sewer laterals and/or potable water
lines must be physically plugged, capped and/or removed to prevent any discharge from said
~. '
The site must be inspected by and approval granted from the Superintendent of Public
Works or his designee before a building permit can be issued or further work can be conducted.
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
On a motion by Kasoff, seconded by Parisi, the public hearing on Ordinance 2004-07 was
postponed until the meeting of June 16, 2004. Carried.
COMMITTEE REPORTS:
No Report
Sgt. Todd Coletta celebrated his 16"' year on the E.C. Police Department
Letter of Thanks were received from the Seniors for information instruction from Chief
Whiting and Lt. Regan.
Letter of Thanks was received from new parents for information from Sgt. Ershadi and Pt!.
Hill for teaching them about Car Safety while using Child Seats.
A large fire took place on April 3. A great job was done by the Police Dept. , Fire Dept. and
the Ambulance Corps .
Sunday, May 23, will be the wet down for the new fire truck.
The locks will be activated on the tennis courts and keys are available at Borough Hal!.
Recreation is looking for someone who can teach young people to play chess.
The Bd. of Adjustment denied AT & T permission to move their cell antennae.
COUNCIL PRESIDENT PLAWKER informed the public that the CERT program is looking for
volunteers to work with the County Homeland Security. A meeting will take place on May 25 from
1-4 and again from 4-10 p.m.
PUBLIC PORTIO N: On a motion by Manolio, seconded by Kasoff, the meetin g was opened to the
public. Carried.
On a motion by Norton, seconded by Mano lio, the public portion of the meeting was closed.
Carried.
On a motion by Manolio, seconded by Norton, the meeting was adjourned at 8:50 p .m.
ATTEST: APPROVED:
ALSO PRESENT:
;
Boro ugh Attorney E. Carter Coniston, Esq.
Boro ugh Engineer Edward Mignone
Chief Financi al Officer Josepb Iannaconi, Jr.
Chief of Police Lawrence Whiting
Supt. of Public Works Rodn ey Bialko
Adeq uate 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 to the public upon the completion of typing and
proofreading by the Municipal Clerk.
MINUTES OF THE: Caucus Mee ting of May 19 and Regular Meeting of May 19, 2004 were
placed on the Regular Agenda for approval.
Any decision on this matter will be made after consultation with the Englewood Cliffs
Volunteer Fire Department. Held until the July Meeting.
THE FOLLOWING ORDINANCES WERE PLACED ON THE REGULAR AGE NDA FOR
SECOND READING/ PUBLIC HEARING.
ATTEST : APPROVED:
ALSO PRESENT:
ADEQUATE NOTICE OF THIS MEETING WAS GIVEN TO THE PRE SS AND POSTED AS
REQUIRED. DATE AND TIME OF THIS MEETING WAS LEGALLY GIVEN AS REQ UIRED
BY THE "OPEN PUBLIC MEETINGS ACT."
THIS NOTICE IS ON FILE WITH THE MUNICIPAL CLERK AND POS TED ON THE
BULLETIN BOARD.
MINUTES OF THIS MEETING WILL BE MADE AVAILAB LE TO THE PUBLIC UP ON THE
COMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.
On a motion by Drimones, seconded by Manolio, the publ ic was asked for comments on the 2004
Municipal Budget. Carried.
No questions or comments were offered by the public.
On a motion by Manolio, seconde d by Norton, the public hearing was closed. Carri ed.
2004 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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MAY 05 2009 2004-000121-REV1
04-117
JUNE 16, 2004
On a motion by Manolio, seconded by Kasoff, resolution 04-67 was offered for adoption.
Roll Call:
Ayes: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-67
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:
CL AIM S:
On a motion by Drimones, seconded by Manolio, the Claims for the month of June, 2004 were
ordered paid.
RESOLUTIONS:
On a motion by Parisi, seconded by Manolio, Resolution 04-64 was offered for adoption:
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi,Norton
RESOLUTION 04-64
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, NJ.S.A. 40A:8A-I et seq. And Title I of the Housing and Community
Development Act of 1974; and
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-66
WHEREAS, as currently written A-2073 and S-1558 (aka the New Jersey Civil Rights
Act) will prove extremely expensive to muni cipalities; and
WHEREAS, under this legislation, any allegation that due process was deficient will
subjec t a municipality to potential fee shifting that requires the municipality to pay the
compl aining party's attorneys fees; and
WHEREAS, the availabil ity of fee shifting will encourage additional litigation and will
make these cases more difficult to settle; and
WHEREAS, while the cost of this bill cannot be determined to any degree of certainty,
the cost to New Jersey municipalities could easily be in the rangeof $25 to $50 million per year
or more; and .
WHEREAS, the last time fee shifting was extended to a new class of liability was in
1994 when the Court opened the floodgate s to hostile workplace litigation in the Toys R Us
decision. As a result, the cost of Public Officials and Employment Practices Liability lawsuits
agains t New Jersey municipalities tripled to approximately $25 milli on per year; and
WHEREAS, the New Jersey League of Municipalities and the Munic ipal Excess
Liability Joint Insurance Fund are negotiating amendments that will prevent an unnecessary
increase in municipal costs while still protecting civil rights;
On a motion by Drimones , seconded by Manolio, Resolution 04-68 was offered for adoption:
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
WHEREAS, applicat ion for Plenary Retail Consumption Licenses have been made by the
following an d;
ORDINANCE 2004-07
The clerk presented affidavit of publication, showing that advertisement had been made according to
law, which was ordered filed. Ms. Drimones moved a public hearing be held on the ordinance. So
ordered. Ms. Drimones moved the clerk read the ordinance by title o n 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. Drimones moved the hearing be closed.
So ordered.
Parking reslrictions on Marjorie Terrace will go from Palisade Avenue to Loretta Court in
place of from Palisade Avenue to Demarest Avenue.
Roll Call:
Ayes: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
Mr. Manolio moved the ordinance, as amended, be adopted on second reading and final passage,
which motion was seconded by Mr. Parisi and adopted upon a call of the roll.
ROLLCALL:
AYES : Plawker, Manolio, Drirnon es, Kasoff, P ari si, Norton
ORDINANCE 2004-07
BE IT ORDAINED by the Mayor and Council of the Borough of Englewood Cliffs that
Chapter VII SCHEDULED IV - TIME LIMIT PARKING shall be amended as follows:
SCHEDULE IV
In accordance with the provisions of subsection 7-3.6, no person shall park a vehicle for
longer than the time shown on any of the following described streets or parts of streets.
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 2004-08
The clerk presented affidavit of publication , showing that advertisement had been made according to
law, which was ordered filed. Ms. Drimones moved a public hearing be held on the ordinance. So
ordered. Ms. 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 ordinan ce.
After ample opportunity had been given and no one responding Mr. Manolio moved the hearing be
closed. So ordered .
Mr. Parisi 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 2004-08
BE IT ORDAINED by the Mayor and Council of the Borough of Englewood Cliffs, County of
Bergen, State ofNew Jersey, as follows:
SECTION I. The following salaries, wages and/or compensation shall be paid to the respective
employee s of the Borough of Englewood Cliffs, for the year 2004, as set forth below :
SECTION II.
SCHEDULE A
SCHEDULER
ORDINANCE 2004-09
The Clerk presented affidavit of publication, showing that advertisement had been made
according to law, was ordered files. Ms. Norton moved a public hearing be held on the
ordinance. So ordered. Ms. Norton moved the clerk read the ordinance by title on second
reading. So ordered. The clerk thereupon read the ordinance by title. The mayor then announced
that all interested 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 , Ms. Drimones 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 Kasoff and adopted upon a call of the roll.
ROLLCALL:
AYES: Plawker, Manolio Drimones, Kasoff, Parisi, Norton
Section 2. In order to finance the cost of the several improvements or purposes not
covered by application of the several down payments or otherw ise provided for hereunder,
negotiable bonds are hereby authorized to be issued in the principal amount of $783,750 pursuant
to the Local Bond Law. In anticipation of the issuance of the,bonds, negotiable bond anticipation
notes are hereby authorized to be issued purs uant to and within the limitations prescribed by the
Local Bond Law.
Section 3. The several improvements hereby authorized and the several purposes
for which the bonds are to be issued, the estimated cost of each improvement and the
appropriation therefor, the maximum amount of bonds 'br notes to be issued for each
improvement and the period of usefuln ess of each improvem ent are as follows:
Cc) The maximum amount of bonds or notes 10 be issued for the improvement or
purpose is as stated in Section 2 hereof.
(d) The estimated cost of the severa l improvements or purposes is equal to the
amount of the appropriation herein made therefor.
2004 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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04-128
JUNE 16, 2004
Section 4. All bond anticipation notes issued hereunder shall mature at such times
as may be determined by the chief fmancial 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 officer shall determine all
matters in cormection with notes issued pursuant to this bond ordinance. and the chief financial
officer's signature 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 the Local
Bond Law. The chief fmancial 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 fmancial officer is directed to report in
writing to the governing body at the 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 amount, the
description, the interest rate and the maturity schedule of the 'n otes 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 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 applicablejiand capital program as approved by
the Director of the Division of Local Government Services is on file with the Borough Clerk and
is available there for public inspection.
Section 6. 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 prepared and filed in the office of the Clerk, and a complete executed duplicate thereof 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 authorization of
the bonds and notes provided in this bond ordinance by $783,750, and the obligations authorized
herein will be within all debt limitations prescribed by that Law.
(d) An aggregate amount not exceeding $22,000 for items of expense listed in and
permitted under N.JS.A. 40A:2-20 is included in the estimated cost indicated herein for the
several improvements or purposes.
Section 7. Any gram moneys rece ived 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 . The amount of obligations authorized but
not issued hereunder shall be reduced to the extent that such fund s 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, un I imited obligations of the Borough, and the Borough shall be
obligat ed to levy ad valorem taxes upon all the taxable real property within the Borough for the
payment of the obligations and the interest thereon without limitatio n of rate or amoun t.
Section 10. This bond ordinance shall take effect 20 days after The first publica tion
thereof after final adoption, as provided by the Local Bond Law.
COMMITTEE REPORTS:
Councilman Kasoff complimented Babe's Taxi for assisting a Senior Citizen who had left
her purse at the mall. The driver drove her back to the mall the her purse was recovered.
There was no charge for the return trip.
Lt. Regan, Lt. LaRaia, and Lt. Speidel have now been on the force for 18 years.
Patrolman Tracey is celebrating his 2nd year..
A letter from Ms. Simon, Shade t ree Commission, congratulated the Police Department for
their help on Arbor Day, making it successful.
The Police Department has almost completed the automation of the computer system.
The Fire Departme nt Wet Down was a fantastic event. Mr. Parisi commended the Fire
Department. About SOO persons and 25 fire companies attended .
The Volunteer Fire Department will be celebrating its' 100"' anniversary in 2005.
. The Chamber of Commerce will have Bob Lape of CBS, attending their luncheon in July.
Councilman Parisi apologized on behalf of the Chamber of Commerce for not having
lowered the flag, located at the come r of Palisade Avenue, to half staff upon the death of
President Regan .
Councilman Norton thanked the DPW for their help during the baseball, softball season at
Witte Field. They kept the fields in terrific shape. .
The Baseball Playoffs are in progress and the championship game will take place on
' Saturday.
Englewood Cliffs bas 2 of the 6 teams in tbe softball league and both have made the
playoffs.
The eliminations for the Little World Series will begin shortly.
The Councilwoman thanked, Steve Dente, Peter Corbin, and Dave Pasacrita, who are the
leaders of the baseball and softball leagues .
No report
PUBLIC PORTION: On a motion by Manolio, seconded by Kasoff, the meeting was opened to the
publi c. Carried.
Mike Cioffi: Thanked Chief Whiting, Mr. Bialko, the Mayor and Council, Board of Educ ation,
Councilmen Parisi and Manolio for all their efforts in making the Wet Down a
success.
Jack Dyer: Asked about the increase in the DPW budget. Mr. Iannaconi, CFO , explained.
Aske d about the Planning Board giving permission to build on the lot on 7"' Street.
It was explained that it was a grandfathered lot that went from 7"' stree t to 8'" stree t.
Ms . Breen: Asked why there was no budget for insurance...Mr. Weilkotz explained that the
insurance was outside the cap and was located on a different page.
Ms . Breen presented Mr. Pari si with a new flag for the Chamber of Commerce to
replace the taltered one that is on the pole at present. This flag is in mem ory of Fred
Goldscheider.
Reported that 90% of new curbing are cracked. Mr. Mignone stated that when final
paving is done , the curbs will be repaired.
Mr. Kubicki: Po inted out the possible dange r of having water from high pressure hoses hitting the
power lines.
Ms. Sciacca : Requested certain records. The Munici pal Clerk informed Ms . Sciacca that these
records would be made available to her upon her presenting a proper request form and paying for the
copies according to the OPRA regulations.
On a motion by Norton, seco nded by Drimones, the public port ion of tile meeting was closed.
Carri ed,
On a motion by Manolio , seconded by Drim ones, the meeting was adjourned at 9:15, 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.
MINUTES OF THE: Caucus Meeting of June 16, 2004 and Regular Meeting of June 16,2004
were placed On the Regular Agenda for approval.
04-133
JULY 28, 2004
The D.P.W. and Police Departments have a duprpster for the collection of
clothing for the D.A.R.E. program. Mr. Bialko will investigate the SPCA request.
BIDS: The following bids were reviewed and resolutions awarding the bids were placed on
the regular agenda for approval.
04-134
JULy 28, 2004
The pros and cons of Speed Bumps were discussed. The Engineer, Chief of
Police and Supt. of Public Works contributed to the discussion.
Mr. Bialko will provide a podium and microphone for the meeting.
Councilman Kasoff asked about the status of purchasing a pot hole repair
machine. Mayor Parisi and Mr. Bialko informed the Council that they had
inspected a few of the machines and were going to recommend the
purchase of one that does the job the Borough wants done.
On a motion by Manolio, seconded by Drimones , resolution 04-76 was offered for adoption:
ROLLCALL:
AYES: Plawker, Manolio , Drimones , Kasoff, Parisi, Norton
RESOLUTION 04-76
WHEREAS, N.J.S.A. 10:4-12 allows for a public body to go into closed session during a
public meeting, and
04-135
JULY 28, 2004
WHEREA S, the Mayor and Council of the Boro ugh of Englewood Cliffs has deemed it
necessary to go into closed session to discuss certain matters which are exemp ted from the public,
NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Boroug h of
Englewood Cliffs will go into closed session for the following reason as outlined in NJ.S.A. 10:4-
12:
ATTEST: APPROVED:
ALSO PRESENT:
ADEQUATE NOTICE OF TIllS ME ETING WAS GIVEN TO THE PRESS AND POSTED AS
REQUIRED. DATE AND TIME OF TI-llS MEETING WAS LEGALLY GNEN AS REQUIRED
BY THE "OPEN PUBLIC MEETINGS ACT."
TI-llS NOTICE IS ON FILE WITH THE MUNICIPAL CLERK AND POSTED ON THE
BULLETIN BOARD.
MINUTES OF TIllS MEETING WILL BE MADE AVAILABLE TO THE PUBLIC UPON THE
COMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.
CLAIMS: On a motion by Plawker, seconded by Parisi, the Claims for the month of July, 2004
were ordered paid.
RESOLUTIONS:
Ms. Sank asked about all the bids and their purp ose.
On a motion by Manolio, seconded by Plawker, Resolution 04-69 was offered for adoption:
ROLL CALL:
AYES: Plawker, Manolio, Driroones, Kasoff, Parisi, Norton
RESOLUTION 04-69
WHEREAS, the Borough of Englewood Cliffs bas received bids for the purchase of two
(2) 2005 International Model 7400 Chassis with Snow, Removal Equipment and Central
Hydraulics; and
WHEREAS, the bids have been reviewed by the Superintendent of Public Works 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, it is the recommenda tion of the Superintendent of Public Works and the
Municipal Attorney that the contract be awarded to Deluxe International Trucks, Inc;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council does hereby
award the contract for the purchase of Two 2005 International 7400 Chassis with Snow Removal
Equipment and Central Hydraulics to Deluxe International Trucks, Inc., 600 South River Street,
Hackensack, N.J. 07601 in the amount of $235,512.00 and that the Borough Attorney is hereby
authorized and directed to prepare the appropriate agreement therefor.
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-70
RE: AWARD BID - ONE MACK CV713 WITH ROLL OFF CHASSI S, SNOW
REMOVAL E QUIPMENT AND CENT RAL HYDRAUL ICS
E QUIVALENT
WHEREAS, the Borough of Englewood Cliffs has received bids for the purchase of One
( I) Mack CV7 13 with Roll Off Cha ssis, Snow Removal Equipment and Central Hydraulics or
Eq uiva lent; and '
WHEREAS, the bids have been reviewed by the Superintendent of Public Works and the
Mu nicipal Atto rney; and
WHEREAS, the Mayor and Council are desirous of awarding the contract to the bidder
pro viding the lowest cost to the Borough; and "
WHEREAS, Cambria Companies. has provided the lowest total cost in the amo unt of
$ 169,998,00 and is the lowest responsible bidder for the purch ase of One M ack CV713 with
Ro ll Off Chass is, Snow Removal Equ ipment and Central Hydraulics; and
ROLLCALL:
AYES : Plawker, Manolio , Kasoff, Parisi, Norton
ABSTAIN: Drimones
RESOLUTION 04-71
WHEREAS, the Borough of Englewood Cliffs has received bids for the Improvement of
Floyd Street; and
WHEREAS, the bids have been reviewed by the Municipa l En gin eer; and
WHEREAS, the Mayor and Co unci l are desirous of awarding the contract to the bidd er
p rovidin g the lowest cost to the Borough; and
WHEREAS, Smith Sondy Asphalt has provided the lowest total cost in the amo un t of
$348,733.55 ($292, 019.80 Base bid and $56,7 13.7 5 Al ternate) and is the low est responsible
bidder for the Improvement of Floyd Street; and
NOW, T HEREF O RE, BE IT RESO L VED that the Mayor and Council do es hereby
award the contract for the Improvem ent of Floyd Street to Smith Sondy Asph alt, 150 Anders on
avenue, Wallington, N.J. 07 057 in the amount of $348,733.55 and that the Borough Attorney is
hereby authorized and directed to prepare th e appropriat e agreement therefor.
O n a motion by Manolio, seco nded by Norton, Resolution 04-72 was offered for ad option:
ROLL CALL:
AYES : Plawker, Manolio , Ka soff, Pari si, Norton
ABSTAIN : D rimones
RESOLUTION 04-72
WHEREAS, the Borough of Englewood Cliffs has received bids for the 2004 Road
Improvement Program; and
WHEREAS, the bids have been reviewed by the Municipal Engin eer; and
WHEREAS, the Mayor and Council are desirous of awa rding the contract to the bidder
providing the lowest cost to the Borough; and
WHEREAS , Til con, New York. has provided the lowest total cost in the amount of
$435,62 1.00($4 14,437.00 for th e B ase Bid and $2 1,184 .00 for Al ternate B),and is the lowest
respon sible bidder for the 2004 Road Improvement program; and
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council does hereby
award the contract for the 2004 Road Improvement Program to Tilcon, New York , 625 Mt. Hop e
Road , Wharton , N.J. 07885 in the amount of $435,621.00 (Base Bid and Alternate B) and that the
Borough Attorney is hereby authorized and directed to prepare the appropriate agreement
therefor.
On a motion by Drimones, seconded by Norton, Re solution 04-73 was offered for adoption:
ROLLCALL:
AYES: Plawker, Drimones, Kasoff, Parisi, Norton
ABSTAIN : Manolio
RESOLUTION 04-73
WHEREAS, the Borough of Englewood Cliffs has &ceived bids for the Sanitary Sewer
Rehabilitation, Stage 7 ; and ;
WHEREAS, the bids have been reviewed by the Municip al 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, M. Ingannamorte & Son, Inc. has provided the lowest total cost in the
amount of $115,760.00 and is the lowest responsible bidder for the Sanitary Sewers
Rehabili tation, Stage 7; and
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council does hereby
award the contract for the Sanitary Sewer Rehabilitation, Stage 7 to M. Ingannamorte & Son,
Inc., 347 Knickerbocker Road, Tenafly, N.J. 07670-2446 in the amount of $115,760.00 and that
the Borough Attorney is hereb y authorized and directed to prepare the appropriate agreement
therefor.
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Norton
ABSTAIN: Parisi
2004 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 2004-000147-REV1
04-142
JULY 28, 2004
RESOLUTION 04-74
WHEREAS, the Borough of Engle woo d Cliffs is a member of the South Be rgen Municipal Joint
Insurance Fun d; and
WHEREAS, said renewed membership termin ates as of December 3 1, 2004 unless earlier
renewed by agreement between the Municipality and the Fund; and
On a motion by Norton, seconded by Drimones, r esolution 04-75 was offered for adoption.
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-75
BE IT RESOLVED, that the Borough Council of tile Borough of Englewood Cliffs does
here by authorize the Mayor to sign an applicat ion for State Aid between the Borough of
Englewood Cliffs and N.J .D.O.T. Inc. for the Improvement of Floyd Street Sect ion 4, from the
end of Section 3 to the Terminus of Floyd Street.
ORDINANCE 2004-10
The municipal clerk read the said ordinance by title. Councilman Manolio moved the ordinance
be adopted on first reading and published in the Press Journal on August 5, 2004,
TI,e public hearing to be held on August 18, 2004. Motion was seconded by Councilman Plawker.
The ordinance was approved at the first reading upon the call of the roll.
ORDINANCE 2004-11
Councilman Manolio moved the ordinance be given its first reading. So ordered.
TI,e Municipal Clerk read the said ordinance by title. Councilman Manolio moved the ordinance
be adopted on first reading and published in the Press Journal on August 5, 2004
The public hearing to be held on August 18, 2004 Motion was seconded by Councilman Parisi.
The ordinance was approved at the first reading upon the call of the roll.
ORDINANCE INTROllUCTION
COUNCILMAN MANOLIO INTRODUCED AN ORDINANCE ENTITLED:
ORDINANCE 2004-01
Councilman M anolio moved the ordinance be given its first reading. So ordered.
The Muni cipal Clerk read the said ordinance by title. Councilman Manolio moved the ordinance
be adopted on first reading and published in the Press Journal on,August 5, 2004
The publi c hearing to be held on August 18, 200 4 Motion was ;seconded by Councilman Pari si.
Th e ordinance was approved at the first reading upon the call of the roll .
COMMITTEE REPORTS:
The Senior Taxi Service has made over 400 round trips. Th e service is very successful.
Councilman Parisi announ ced the following officers have many year of servic e:
The Police Department has recei ved a $5,000 grant from the State ofNJ.
Our new state or the art computer system is now up and running.
Pedestrian cross walks have been installe d on Palisade Ave. & Johnson Ave.
National Nite Out will be observed on August 3, 2004 starting at 7:00 p.m.
Two firefighters have completed the FF I classes and twelve completed Line Burn Classes.
The Little League Baseball season and the girls softball season are winding down.
Little Leaguers won four games in the Little World Series competition.
Plawker Real Estate sponsored girls softball team won the league.
; .
The summer camp has 149 children participating and the youth program has 45.
Both camps end on August 5.
SUPT. OF PUBLIC WORKS: Crosswalks were installed on Palisade Ave., Floyd Street
and Jolmson Avenue, by Witte Field. Vehicles are required to stop if someone is in the crosswalk.
CHIEF OF POLICE: Chief Whi ting invited everyone to attend National Nite Out.
PUBLIC PORTION: On a motion by Plawker, seconded by Manolio, the meeting was opened to
the public. Carried.
Ms . Hullin, New Street: Ingress and Egress from the restaurant on the comer.
Mr. Leakas, Rose Ave: lllega! parking of cars from Martin Cadillac.
Mr. Morfesis, John St: Parking of cars on John St. from 9W to Alpine Court
Ms . Breen, Van Nostrand Ave: Parking of cars on side streets offHu dson Terrace
Containe rs on CitiCorp property
Mr. Madison, Castle Drive: No water in his driveway during last storms. Thanked Council.
Mr. Leung, Floyd St: Requested a fence between his property and the commercial property
next to him.
On a motion by Norton, seconded by Parisi , the public portion of the meeting was closed. Carried.
On a motion by Norton, seconded by Paris i, the meeting was adjourne d at 9:25 p.m.
ATTEST: APPROVED:
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."
TIlls notice is on file with the Municipal Clerk and posted on the bulletin board.
Minutes of tills meeting will be made available to the public upon the completion of typing and
proofreading by the Municipal Clerk.
On a motion by Manolio, seconded by Kasoff, resolution 04-78 was offered for adoption:
Roll Call:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-78
RE: CLOSED SESSION
WHEREAS, N.J.S.A. 10:4-12 allows for a public body to go into closed sessio n during a
public meeting, and
WHEREAS, the Mayo r and Council of the Boro ugh of Englewood Cliffs has deemed it
necessary to go into closed session to discuss certain matters which are exempted from the public,
NOW, T HEREFORE BE IT RESOLYED, that the Mayor and Council of the Borough of
Englewoo d Cliffs will go into closed session for the following reason as outlined in N.J.S.A. 10:4-
12:
The Closed session started at 6:35 p.m, and ended at 7:15 p.m,
i
VOUCHERS WERE SIGNED BY THE FINANCE COMMITTEE.
MINUTES OF THE: Caucus Mee ting of July 28, 2004 and Regular Meeting ofJuly 28, 2004 were
placed on the Regular Agenda for approval.
THE FOLLOWING REP ORTS WERE PLACED ON THE REGULAR AGENDA FOR
APPROVAL.
NEW BUSINESS: Proclamation proclaiming "Financial Pla nnin g Week" was placed on
th e reg ular agenda.
ADJOURN:
ATTEST: APPROVED:
AL SO PRESENT:
Municipal Attorney
.
E. Carter Coniston, Esq.
Municipal Engineer Edward Mignone
Chief of Police Lawrence wfuting
,
FLAG SAL UTE LEAD BY: Conncil Pr esid ent Dan Plawker
ADEQUATE NOTICE OF TI-DS MEETING WAS GWEN TO THE PRESS AND POSTED AS
REQUIRED. DATE AND TIME OF TI-DS MEETING WAS LEGALLY GIVEN AS REQUIRED
BY THE "OPEN PUBLIC MEETINGS ACT."
TI-DS NOTICE IS ON FlLE WITH THE MUNICIPAL CLERK AND POSTED ON THE
BULLETIN BOARD.
MINUTES OF TI-DS MEETING WlLL 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 Norton, the Claims for the month of August, 2004 were
ordered paid.
RESOLUTIONS:
After all questions were answered, the Council continued with the agenda.
On a motion by xxxxxxx, seconded by xxxxxxx, Resolution 04-77 was offered for ad option:
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 2004-77
Mr. & Mrs. Park, residing at 41 Elm Street are hereby given
permission to remove the sidewalk that is located in front of their home in order
It is to be unde rstood that Mr. & Mrs. Park are solely responsib le for the
removal of the sidewalk and the cost thereof. The Borough of Englewood Cliffs
O n a motio n by Manolio, seconded by Parisi, Resol ution 04-79 was offered for ado ption:
ROLLCALL:
AYE S: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
BE IT RESOLVED , that United Water New Jersey, Inc. be and it hereby is requested to
erect (2) two fire hydrants at the following designated places, to be used for fire purposes only,
accordance with the Rules and Regu lations of the Company, and its rates as set forth in its
Schedule of Rates filed with the Board of Public Utility Commissioners of New Jers ey at
Trenton, N.J.
X-35447 West side of Floyd Street, approximately 25' north of the center line of Van
Wagoner Drive.
X-35448 West side of Floyd Street, approximately 340' north of the center line of Van
Wagoner Drive.
On a motion by P arisi, seconded by Norton, Resolution 04-80 was offered for adoption:
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-80
WHEREAS, the Shade Tree Commission has received informal bids for the Landscaping
and Improvement of a portion of the West Bayview Avenue Park; and
WHEREAS, the informal bids have been reviewed by the Shade Tree Commission; and
WHEREAS, the Mayor and Counci l are desirous of awarding the contract to the bidder
providing the lowest cost to the Borough; and
WHEREAS, Nicola Matera & Sons, Inc. has provided the lowest total cost in the amount
of $17,389.00 and is the lowest responsible bidder for the Landscaping and Improvement of a
portion of the West Bayview Avenue Park; and
WHEREAS, it is the recommendation of the Shade Tree Commission that the contract
be awarded to Nicola Matera & Sons, Inc;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council does hereby
award the contract for the Landscaping and Improvement of a Portion of the West Bayview
Avenue Park to Nicola Matera & Sons, Inc. in the amount of $ 17,389.00 and that the Borough
Attorney is hereby authorized and directed to prepare the appropriate agreement therefor.
On a motion by Parisi, seconded by Manolio, Resolution 04-81 was offered for adoption:
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-81
On a motion by Parisi, seconded by Drimones, R esolution 04-82 was offered for adoption:
ROLL CALL:
AYES : Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTIO N 04-82
RESOLVE D, that the Municipal Engineer is hereby a~thorized to amend and update the
Borough of Eng lewood Cliffs official Tax Map. The cost of this update is to be $2,500.00.
ORDINANCE 2004-01
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 ordinance.
After all interested parties had spoken on the ordinance, Mr. Parisi 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 Mr. Parisi and adopted upon a call of the roll.
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Pari si, N orton
ORDINANCE 2004-01
WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs have been
advised by the Superintendent of Public Works that the position of Assistant Superintendent of
Public Words and its related services are not necessary and not required at this time and said position
should be eliminated.
This ordinance shall take effect upon fmal adoption and publication according to law.
ORDINANCE 2004-10
The 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. 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 ordinance.
After ample opportunity had been given and no one responding Mr. Parisi 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 Mr. Parisi and adopted upon a call of the roll.
BE IT ORDAINED by the Mayor and Council of the Borough of Englewood Cliffs, that
the following shall be amended to read as follows:
9-3.1 Excavation
a. Excavation of soil and/or rock on private property within the borough provide a
condition both unsightly and dangerous; and such excavations if permitted to remain unfilled or
without substantial construction taking place thereon provide an unsightly and hazardous
condition for an inordinately long peri od of time.
c. A Stop Work Order may be issued by serving a written notice to the property
owner if this ordinance is not complied with.
BE IT FURTHER ORD AINED 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 extend of such inconsistency; and
This ordinance shall take effect upon final adoption and publication according to law.
ORDINANCE 2004-11
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 ordinance.
After ample opportunity had been given and no one responding Mr. Parisi moved the hearing be
closed. So ordered.
Mr. Parisi moved the ordinance be adopted on second reading and final passage, which motion was
seconded by Mr. Manolio and adopted upon a call of the roll.
COMMITTEE REPORTS:
Mr. Kasoff informed the Council that a sever storm on August I I caused a massive power
failure in the north end of the community.
Mr. Kasoff asked the public that if they see a street light out to please contact the Police
Department and give them the pole number.
2004 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 2004-000163-REV1
04-157
AUGUST 18, 2004
The storm of August II caused many Alarms to be set off. The police and fire departments
responded to all alarms. On home on Irving Avenue was struck by lightning.
The following officers celebrated anniversaries in August: Sgt. Rushworth, 17 years; Pt!.
Kosches, 3 years.
The PD received a Traffic Grant in the amount of $11,000 to help pay overtime for traffic
control for bicycles as well as motor vehicles.
The C of C golf outing was a big success. Man y thanks to the local business and residents
for all their support.
The men's adult softball program is the only activity still in operation,
TIle summer camps have ended. Parents seemed to be very pleased with both camps and the
programs offered.
A letter has been sent to the Borough of Paramus to effectua te the repayment of monies
expended for the Police Academy of Officer Boccher who joined their force after being a member of
the Englewood Cliffs force for just a few weeks.
A meeting has been scheduled with the Shade tree and Enviromental Commi ssions to
remove any overlapping between the two commissions.
PROCL AMATION
WHEREAS, the financia l planning proce ss allows individuals to achie ve their dreams by
empowering them to identify and man age realistic financial goals and negotiate the financial
barriers that arise at every stage of life ; and
WHEREAS, everyone can benefit from knowing about the value of financ ial plann ing
and where to turn for objective financi al advise; and
WHEREAS, the Financial Plannin g Association is the membership organization for the
fmancial planning community; representing 29,000 members dedicated to supporting financ ial
planning as a way to help individual s achieve their goals and dreams; and
WHEREAS, individu als need objecti ve financial planning from a Ce rtified Financial
Planner or other credentialed profe ssional to improve their quali ty of life;
NOW, THEREFORE, I, Joseph C. Parisi, by virtue of the authority vested in me as
Mayo r of the Borough of Englewood Cliffs, do hereby proclaim October 4 - 10, 2004 as
Financial Planning Week in New Jersey.
PUBLIC PORTION: On a motion by Parisi, seconded by Manolio , the meetin g was opened to the
public. Carried.
On a motion by Drimones, seconded by Norton, the public portion of the meeting was closed.
Carried .
On a motion by Plawker, seconded by Norton, the meeting was adjourned at 9:05 p.m.
ATTEST : APPROVED:
ALSO PRESENT:
MAYORPARlSI ST ATED:
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 Munici pal Clerk and posted on the bulletin board.
Minutes of this meeting will be made availab le to the public upon the completion of typing and
proofreading by the Municipal Clerk.
On a motion by PLAWKER, seconded by PARlS!, resolution 04-86 was offered for approval.
Roll Call:
Ayes : Plawker, Manolio, Drimo nes, Kasoff, Parisi
RESOLUTION 04-86
RE: CLOSED SESSION
WHEREAS, N.J.S.A. 10:4-12 allows for a public body to go into closed session durin g 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 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:
Open Session:
MINUTES OF THE: Caucus Meeting of August 18, 2004·,ahd Regular Meeting of August 18,
2004 were placed on the Regular Agenda for approval.
Ordered filed
Referred to an ad hoc committee to consist of two council members, the Chairmen of the
Planning Board and Board of Adjustment, Building Official and an architect
E. Carter Corriston stated that Englewood Cliffs has no jurisdiction over parkway property,
and that he has been assured that there will be no more communication towers there.
Municipal Engineer, Edward Mignone, presented the Mayor and Council with a written
proposal regarding the dredging and preserving of retention ponds located on Pershing
Road. He asked that a resolution be placed on the regular agenda of the public meeting
following the caucus discussion.
NEW BUSINESS:
On a motion by MANOLIO, seconded by PARISI, resolution 04-95 was offered for approval.
Roll Call:
Ayes: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
Resolution 04-95
WHEREAS, N.J.S.A. 10:4-12 allows for a pub lic body to go into closed session durin g a
pub lic meeting, and
WHEREAS, the Mayor and Council of the Boro ugh, 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, tbat the Mayor and Council of the Borough of
Englewood Cliffs will go into closed session for the followingreason as outlined in NJ.S.A. 10:4-
12:
Employee Contracts/Salaries
Closed session began at 7:32 and ended at 7:47
Chie f Whiting informed the Council of an upcoming traffic situation tbat will occ ur due to the
installing of a traffic light at the intersection of Woodland and Palisade Avenue.
E. Carter Corriston informed tbe Council tbat the Borough would be rece iving $23,000,00 payment
for damages to a sewer pipe on route 9W. He will give a full explanation at the public meeting to
follow.
ADJOURN:
On a motion by KASOFF, seconded by MANOLIO, the caucus meeting was adjourned at 7:59,
ALSO PRESENT:
ADEQUATE NOTICE OF THIS MEETING WAS GWEN 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 NOTIC E 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.
CLAIMS:
On a motion by PLAWKER, seconded by MANOLIO, the Claims for the month of September, 2004
were ordered paid .
RESOLUTIONS:
Diane Sank asked what the cost was for the Utility Management Contract referred to in Resolution
04-93.
Ed Mignone, Municipal Engineer, explained resolution 04-94 that was added to the agenda.
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, -Parisi, Norton
RESOLUTION 04-83
WHEREAS, THE Mayor and Council of the Bordugh of Englewood Cliffs recognize
that it is in the interest of the citizens of the Borough of Englewood Cliffs to fight drug and
alcohol abuse within the municipality; and .
WHEREAS, recommendations have been made to create a drug and alcohol municipal
alliance committee to work in conjunction with representatives of the community;
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-84
WHEREAS, Douglas Ix, the owner of 102 Pershing Road, has filed a tax appeal which is
presently pending in the Tax Court of New Jersey; and
WHEREAS, in order to defend the position taken by the taxpayer, it is necessary for the
Borough Engineer to investigate the existence of wetlands and the potentiality of a subdivision of
the premises; and
WHEREAS, the Borough Engineer has indicated that the above services would not cost
more than $5,000.00; .
NOW, THEREFORE, BE IT
RESOLYED by the Mayor and Council of the Borough of Englewood Cliffs that the
Borough Engineer be and is hereby authorized and directed to conduct an absence/presence
wetlands delineation with respect to premises at 102 Pershing Road, and to investigate and
prepare, if appropriate, a conceptual subdivision of that property; and be it further
.'
RESOLYED, that the Borough Engineer shall be; compensated according to its usual
hourly rates, not to exceed the sum of $5,000.00, unless authorized by further resolution of this
body.
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-85
WHEREAS, the Englewood Cliffs Vo lunteer Fire Departmen t has rec ommended
the appointm ent of Leslie S. Raucher as a Vo lun tee r Junior Fire Fighter in the Englewood
Cliffs Vol unteer Fire Departmen t;
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-87
On a motion by PARISI, seconded by MANOLIO, Resolution 04-88 was offered for adoption:
;
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-88
WHEREAS, Citigroup Business Services has donated $10,000.00 to the Englewood Cliffs Police
Department; and
WHEREAS, a check in the amount of $10,000.00 has been received by the Borough and
has been deposited in the Borough's account;
NOW, THEREFORE,
BE IT RESOLVED that the Englewood Cliffs Mayor and Council does hereby accept
the generous donation of Citigroup Business Services.
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-89
WHEREAS, a Bergen County Open Space Trust Fund application in the amount of
$113,000 has been proposed by the Englewood Cliffs Shade Tree Commission for the Re-
Vitalization of the West Bayview Avenue Park and Playground in the municipality of Englewood
Cliffs; and
WHEREAS, pursuant to the State Interlocal Services Act, such funds may not be spent
in a municipality without authorization by the Governing Body; and
WHEREAS, the aforesaid project is in the best interest of the people of Englewood
Cliffs;
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-90
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-91
WHEREAS, the Borough of Englewood Cliffs is a partic ipating member of the South
Bergen Municipal Joint Insurance Fund , relati ve to General Liability and other coverages; and
WHEREAS, the "FUND" has adopted certain criteria to distinguish between bona fide
municipal activities and other quasi-public entities not sponsored by the municip ality and
therefore, not subject to coverage by the "FUND" ; and
WHEREAS, it has been determined that in order to be covered by the "F UND" an
organization or activity meet the test that its function is of the type that historically the Borough
has provided with coverage and/or which service s a bona fide publi c purpose typically met by
local government, and the benefits of which are available to the municipality in general ; and
i
WHEREAS, the Borough has asked the "FUND" to extend General Liability and Non-
Owned Automobile Liability Cove rage to the following entity;
It is hereby certified that the above listed organization exist within the Borough of Englewood
Cliffs as the bona fide charitable, educational, or recreational activities of the municipality and
organizations that support and/or provide services to the municipality in general and as such are
sponsored or subsidized directly or indirectly by the municipality.
The Boro ugh of Englewood Cliffs does hereby request that this organization described herein be
named as additional named insured for General Liability and Non-Owned Automobile Liability
Covera ge in accordance with the app licable limits and restrictions.
A certified copy of this Resolution shall be filed with the secretary of the South Bergen Municipal
Joint Insurance Fund.
ROLLCALL:
AYES: Plawker, Manolio , Drimones , Kasoff, Parisi, Norton
RESOLUTION 04-92
WHEREAS N.J.SA 40A:4- 87 provides that the Director of the Division of Local
Government Services may approve the insertion of any special item of revenue in the budget of a
municipality when such item shall have been made available by law and the amount thereof was not
determined at the time ofthe adoption of the budget; and
"
WHEREAS the Director may also approve the insertion of any item of appropriation for an
equal amount;
ROLL CALL:
AYES: Plawker, Manolio, Drimones , Kasoff, Parisi, Norton
RESOLUTION 04-93
RESOLUTION AUTHORIZING
UTILITY MANAGEMENT CONTRACT
WHEREAS, public street lights, traffic signals and other utility service appears to be billed at
highly excessive rates, and
WHEREAS, Utility Management Services Group , LLC has been recognized as having expertise
in street lighting, traffic signals, water and. utility billings throughout the State of Ne w Jersey,
2004 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS
and
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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SEPTEMBER 22, 2004 04-171
WHEREAS, Utility Management Services Group, LLC has been successful in achieving
substantial cost reductions in utilities for various municipalities, and
WHEREAS, there will be no cash outlay from the municipality since. all fees will be paid from
the savings, .
BE IT FURTHER RESOLYED that these services are of such , a qualitative nature that it is not
reasonably possible to draft specifications for the perfoIDI ance
, of the services, and
BE IT FURTHER RESOLYED that these services are therefore properly classified as
extraordinary, unspecifiable services as defined by NJ.S.A. 40A:11-2(7) and this action is
properly taken without competitive public bidding pursuant to NJ.S.A. 40A:11-5(1)(a)(i).
On a motion by MANOLIO, seconded by PARISI, resolution 04-94 was offered for adoption.
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION04-94
WHEREAS Boswell McClave Engineering has provided a proposal for the dredging and
restoring of two small on-stream retention ponds located at 170, 178 and 185 Pershing
Road also know as Block 602 , lots 10 & 11, Block 701, Lot 6 of the Borough of
Englewood Cliffs, Bergen County, New Jersey; and
WHEREAS the ponds have become silted and filled with debris and sediment, that have
claimed water volume; and
WHEREAS the removal of sediment and debris will Improve water quality, slow
eutrophication, extend its life and prevent flooding; and
WHEREAS oxygen levels in ponds with accumulated silt and sediment typically exhibit
an oversupply of nutrients that accelerate algae and aquatic weed growth resulting in
competition for the water 's oxygen with other aquatic life including both fish and
amphibians; and
WHEREAS dredging will also reduce negative impacts such as chemical pollutants
accumulated in the sediment; and
WHEREAS Boswell McClave Engineering upon visiting the site observed the
aforementioned conditions with the opinion that flooding will occur once the sediment
shoals impede the water's flow or block the outlet control structures; and
WHEREAS the Bergen County Mosquito Commission can 'perform the pond dredgings,
at no cost to the Borough of Englewood Cliffs other than, providing the personnel and
vehicles of the Department of Public Works to remove 'vegetation overhanging the pond
and haul the dredged sentiment to a predetermined staging ar~a; and
BE IT FURTHER RESOLVED, that the required New Jersey Fish and Game Water
Lowering Permit, as well as the coordination and inspection of the dredging operations
throughout the project as specifically outlined in the Boswell McClave Engineering
proposal dated September 22,2004 file No. PR-4-8473, Pershing Road Restoration ; and
ORDINANCE 2004-12
PLA WKER moved the ordinance be given its first reading. So ordered.
The municipal clerk read the said ordinance by title. PLA WKER moved the ordinance
be adopted on first reading and published in the Press Journal on September 30, 2004.
"
The public hearing to be held on October 20,2004, Motion was seconded by DRIMONES.
The ordinance was approved at the first reading upon the call of the roll.
ORDINANCE 2004-13
The municipal clerk read the said ordinance by title. DRIMONES moved the ordinanc e
be adopted on first reading and published in the Press Journal on September 30, 2004
The public hearing to be held on October 20, 2004 Motion was seconded by PARISI
The ordinance was approved at the first reading upon the call of the roll.
ORDIiNANCE INTRODUCTION
COUNCILMAN MANOLIO INTRODUCED AN ORDINANCE ENTIT LED:
ORDINANCE 2004-14
The municipal clerk read the said ordinance by title. MANOLIO moved the ordinance
be adopted on first reading and be published in the Press Journal immediately following the hearing
date. The hearing date will be announced at the October 20, 2004 Mayor and Council meeting.
Motion was seconded by DRIMONES
,
The ordinance was approved at the first reading upon the call of the roll.
o
COMMITTEE REPORTS:
No Report
Police - Lt. Murray and Lt. Oceak completed 27 years of service with the Englewood Cliffs Police
Dept.
Chamber of Commerce - will landscape the comer of 9W and Palisade Avenue, once the
construction is finished in that area.
Soccer practice has hegun. Games will hegin next week. 200 children are enrolled.
The Snack Bar is open. Fall basketball instruction begins Monday, September 27. There will be two
travel basketball teams. Girls softball instruction will begin soon. The recreation department
contributed $500.00 to the Englewood Cliffs PTA for a Halloween Famil y Fun Night, October 29.
2004 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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SEPTEMBER 22, 2004 04-175
Attending transportation meeting at the Bergen County offices regarding light rails and other forms
of public transportation in Bergen County.
COUNC iLMAN MANOLlO : DPW, Building & Grounds, Recycling, Bd. Of Adj.
E. Carter Corriston advised the Mayor and Council that the State <if New Jersey paid New Prince
construction $23,000, for damages to Borough property that the State was responsible for due to the
widening of Route 9W. He asked the Council to pass a resolution that would allow the Mayor to sign
a release that would allow New Prince Concrete Construction Co, to turn this payment over to the
Borough.
No Report
NEW BUSINESS:
On a motion by PARtS!, seconded by PLAWKER, resolution 04-96 was offered for adoption.
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-96
Authorize Ma yor Parisi to sign release regarding New Prince Concrete Const ruction Compa ny
WHEREAS, the B orough of Englewood cliffs filed claim against New Prince Concrete
Co nstruction Company for damages to a sewer pipe located on Sylvan Avenue,
Englewood Cliffs; an d
NOW THEREFORE,
BE IT RESOLVED, that the E nglewoo d Cliffs Council authorize Mayor P arisi to sign th e
release giving up the cl aim agai nst N ew Prince C oncrete Construction Com p any for s aid
damag e in re turn for the p ayment of $23,000.00 to th e Borough of Englewood C liffs b y
N e w Prince Concrete C onstruction Company .
PUBLIC PORTION: On a motion by Plawker, seconded by Drimones, the meeting was opened to
the publi c. Carried.
Mrs. Li Porace presented the Mayor and Council with a petition signed by the residents of New
Street, as well as, the surrounding area. She stated that the residents object to the State Dep artment of
Transportation removing the parking lot entran ce of a restaurant located on the corner of Route 9W
and New Street. The removal of the 9W entrance to the parking lot leaves only one entrance and exit
located on New Street.
She asked what the Council can do to help the residents trying to deal with the State of New Jersey.
Th e council accepted the petition. Council President Plawker stated that the coun cil is in the process
of reaching out to the State . The State has not yet responded. The Cou ncil attorney, E. Carter
Corri ston, requested that the town engin eer give him a report regarding the safety issues related to the
situation. Mr. Corriston will send a letter to the State after he receives the engineers report.
i
It was also stated that the M ayor and Council will reach out to our legislators regarding this situation.
Mr. Geyer mentioned that he was impressed with the new paving of streets in Englewood Cliffs. He
would like to know ifpot holes were included in the new Road hnprovement program.
Mr. Bialko, Superintendent to the Department of Public works , answ ered that the pot holes were
included in the new program on the streets that are being pave d.
On a motio n by Parisi, seconded by No rton, the public portion of the meet ing was closed . Carried.
On a motion by Norton, seconded by Parisi, the meeting was adjourned at 9:10 p.m.
ArrEST: APPROVED:
AL SO 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 Manolio , seconded by Norton , resolution 04-103 was offered for adoption :
Roll Call:
Ayes : Plawker, Manolio, Drimones, Kasoff, Norton
Councilman Parisi recused himself from discussion ofTax Appeal
(He does business with one of the principals)
RESOLUTION 04-103
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. 10A-
12:
MINUTES OF THE: Caucus Meeting of September 22, 2004 , and Regular Meeting of September
22, 2004 were placed on the Regular Agenda for approval.
Tax Appeal Attorney Tax Appeal, Van Nos Associates, 580 Sylvan Avenue
THE FOLLOWING ORDIN ANCES WERE PLACED ON THE REGULAR AGENDA FOR
INTRODUCTION:
ADJOURN:
ATTEST: APPROVED:
ALS O PRESENT:
ADEQUATE NOTICE OF TIllS MEETING WAS GIVEN TO THE PRESS AND POSTED AS
REQUIRED. DATE AND TIME OF rms MEETING WAS LEGALLY GIVEN AS REQUIRED
BY THE "OPEN PUBLIC MEETINGS ACT."
r ms NOTICE IS ON FILE WITH THE MUNICIPAL CLERK AND POSTED ON THE
BULLETIN BOARD.
MINUTES OF r ms MEETING WILL BE MADE AVAILABLE TO THE PUBLIC UPON THE
COIylPLETION OF TYPING AND PROO FREADING BY .THE MUNICIPAL CLERK.
CLAIMS :
On a motion by Plawker, seconded by Manolio, the Claims for the month of October, 2004 were
ordered paid.
RESOLUTIONS:
On a motion by Manolio, seconded by Drimones, Resolution 04-97 was offered for adoption:
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-97
RESOLVED, that the said extension be made and the same hereby is approved.
..
On a motion by Plawker, seconded by Manolio, Resolution 04-98 was offered for adoption:
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-98
WHEREAS, Borough property located at Block 117, Lot 7, commonly known as the
West Bayview Avenue Playground is in the process of being upgraded; and
NOW, THEREFORE,
BE IT RESOLYED that the parkland located at Block 117, Lot 7, located on West
Bayview Avenue, in the Borough of Englewood Cliffs is hereby given the name of Woodland
Park.
On a motion by Manolio, seconded by Plawker, Resolution 04-99 was offered for adoption:
ROLLCALL:
AYES: .Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-99
WHEREAS, the Englewood Cliffs Volunteer Fire Department has recommended the
appointment of Samuel Ross Mann as an active member of tbe Englewood Cliffs Volunteer Fire
Department;
On a motion by Manolio, seconded by Plawker, Resolution 04-100 was offered for adoption:
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-100
WHEREAS, the Englewood Cliffs Volunteer Fire Department has recommended the
appointment of Joakim E, Sandor as an active member of the Englewood Cliffs Volunteer Fire
Department;
NOW, THEREFORE BE IT RESOLVED that the Mayor and Council oftbe Borough
of Englewood Cliffs does hereby approve the membership of Joakim E, Sandor as an active
member of the Englewood Cliffs Volunteer Fire Department.
On a motion by Plawker, seconded by Manolio, Resolntion 04-101 was offered for adoption:
ROLLCALL:
AYES: Plawker, Manolio, Drirnones, Kasoff, Parisi, Norton
RESOLUTION 04-101
RE: TAX APPEAL SETTLEMENT- Van Nos Associates, 580 Sylvan Avenue
WHEREAS , Van Nos Associates, LLC is the owner of 580 Sylvan Avenue; and
WHEREAS, tax appeals are presently pending with regard to challenges of the 2002,
2003 and 2004 assessments; and
WHEREAS, discovery has been completed and preliminary appraisal submitted; and
,
NOW, THEREFORE, BE IT
RESOLVED by the Mayor and Council ofthe Borough of Englewood Cliffs that the tax
attorney be and is hereby authorized and directed to execute any and all docum ents necessary in
order to effectuate settlement of the presently pending litigation entitled Van Nos Associates,
LLC v. Englewood Cliffs, so that the 2002 assessment will be reduced from $8,550,000 to a total
of $6.8 million; the 2003 assessment will be reduced from $8,550,000 to a total of $7 million; and
the 2004 assessment will be reduced from $8,550,000 to a total of $7.3 million; and be it further
RESOLVED, that the aforesaid settlements are predicated upon a full waiver of any and
all pre-j udgment interest by the taxpayer.
On a motion by Manolio, second ed by Plawker, reso lution 04-102 was offered fo r adoption.
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-102
WHEREAS, the governing body of the Borough of Englewood Cliffs desires t further
the public interest in obtaining a grant from the State of New Jersey in the amount of
approximately $8,468.00 to fund the following project:
NOW, THEREFORE, BE IT
RES OLVED THAT Joseph Iannaconi, Jr. or the successor to the office of Chief
Financial Officer 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 $8,468.00 and not more than
$8,468.00 and (c) to execute any amendments thereto.
On a motion by Plawker, seconded by Drimones, resolution 04-103 was offered for adoption.
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
WHEREAS, School expenditures are primarily driven by state and federal mandates and
"fixed costs"; and
WHEREAS, Local property taxes are the maj or source of revenue for public education in New
Jersey; and
WHEREAS, The state has failed to fully fund its school aid statutes for three consecutive
years, increasing the burden on local property taxpayers; and
WHEREAS, S-1701 (Ch. 73, P.L. 2004), signed into law on July 1, 2004, alters school district
financial practices and, in fact, could result in property tax increases; and
WHEREAS, S-170 1 will force local schoo l districts to adopt imprudent practi ces and will
diminish communities' discretion over the financial operat ions of their schools;
and
WHEREAS, S-1701 will force school districts to reduc e free balance (surp lus) in 2004-05 and
2005-06, resulting in temporary property tax decreases that will not be
sustainable and which will result in property tax increases in 2006 -07; and
WHEREAS, This reduc tion of surplus to perilously low levels could force districts to cut
education programs and could increase costs by possibly contributing to the
lowering ofbond ratings ; and
WHEREAS, S-170 I will requ ire school districts to decrease their capital reserve accounts,
forcin g them to defer necessary maintenan ce and repairs, to cut educa tion
programs, or to borrow funds; and
WHEREAS, S-1701 reduces the spendin g growt h limit, or cap, on school district operating
budgets , infringing on school districts ' ability in tJ:ie future to meet the state's
Core Curriculum Content Standards; and .
WHEREAS, S-1701 impose s unnec essary administrative spendin g limits on New Jersey
school districts, limiting local discre tion ovet the staffing necessary to meet the
state and local educa tion goals and penali zing school districts that may be saving
taxpay er money in other areas; and
WHEREA S, These administrative costs are not limit ed to salaries, they also include legal
costs, telephone bills, district supplies, ann ual audit expense, copier contrac t, and
administrative health benefits, all of which are necessary to operate a school
district; and
WHEREAS, S-1701 will require school districts to obtain the Commi ssioner of Education 's
approval before transferring funds between bud getary line items, impeding their
ability to make optimal use of funds and moving a simple budgeting decision
from the community into state bureaucratic channels; and
WHEREAS, S-1701 reduces the Spending Growth Limitation Adj ustment (SGLA) for
hazardous busing services, making it increasin gly difficult for school districts to
provide a service desigoed to ensure student safety; and
WHEREAS, S-170 I elimin ates the SGLA for early childhood program aid and
demonstrably effective program aid, further limiting local schoo l boards ' ability
to provide necessary education programs and services; and
WHEREAS, S-170 I restricts the submission of second ballot financ e questions at the Annual
School Election, thereby infrin ging on a community's ability to determine
educational program expenditures for its children; there fore be it
RE SOLVED, That the Engle wood Cliffs Board of Educatio n urges the state Legislature to repeal
Ch. 73, P.L. 2004 (S-170 I) immediately; and he it further
RESO LVED , That the Englewood Cliffs Board of Education urges the state Legislature to fully
fund the Compre hensive Educational lmprovement and Financing Ac t and
related school aid formulas.
RESOLVED, That a cop y of this resolution be sent to Senate President Richard Codey, Senator
Byron Baer, Asse mbly Representatives Gordon Johnson and Loretta Weinberg,
Commissioner of Educ ation William Librera, Coun ty Superintendent Dr. Aaro n
Graham, the Mayor and Council of Englewood Cliffs, the New Jersey School
Boards Association, and the Bergen County School Boards Association.
i
ORDINANCE 2004-16
Mr. Manolio moved the ordinance he given its first reading. So ordered.
The Municipal Clerk read the said ordinance by title. Mr. Manolio moved the ordinance
be adopted on first reading and published in the Press Journal on October 28,2004.
TIle puhlic hearing to be held on Decemher 15, 2004. Motion was seconded by Mr. Plawker.
TIle ordinance was approved at the first reading upon the call of the roll.
ORDINANCE 2004-17
Mr. Manolio moved the ordinance be given its first reading. So ordered.
The Municipal Clerk read the said ordinance by title. Mr . Manolio moved the ordinance
be adopted on first reading and published in the Press Journal on October 28, 2004
The public hearing to be held on November 10, 2004 Motion was seconded by Me. Plawker.
The ordinance was approved at the first reading upon the call of the roll.
ORDINANCE 2004-12
The 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 ordinance.
After all interested parties had spoken on the ordinance, Mr. Plawker 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.
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
ORDINANCE 2004-12
WHEREAS, pursuant to the Open Public Records Act, P.L. 2001, c. 404, which act amends
N.J.S.A. 47:lA-l , et seq., and provides for access to government records and provides further that
fees for copies of public records shall be fixed in accordance with a schedule based on the total
number of pages or parts thereof to be supplied without regard to the number of records being
copied; and
WHEREAS, pursuant to P.L. 2001, cA04 , the Custodian of Government Records may appoint
appropriate municipal personnel to serve as a Deputy Custodian of Government Records for
documents pertaining to Police matters; and I
WHEREAS, it is in the best interest of the Borough of Englewood Cliffs to conform to such fee
guidelines as promulgated in N.J.S.A. 47:lA-l et seq., as amended, for copies of documents of
public government records; and
WHEREAS, there exists a need for a Deputy Custodian of Government Records for documents
pertaining to Police matters to review, copy and provide documents from the Police Department
of the Borough of Englewood Cliffs requested under N.J.S.A. 47:lA-l et seq.
Section 1. Fees
A. The following fees shall be charged for making photocopies of any documents
for which no other charge has been established by ordinance or State Statute:
B. The fee for duplicating audio tapes of meetings of public agency of the
municipality shall be the cost of duplicating the tape.
C. The fee for duplicating computer records eligible for disclosure under the law
onto CD disks shall be $5.00 per disk.
2004 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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04-190
OCTOBER 20, 2004
E. Nothing in this section shall be construed as requiring the munic ipality to furni sh
copies of any privileged documents or those documents designated as advisory, consultative or
deliberative as defined within the law, or other documents that are not deemed public information
in accordance with NJ.S .A. 47 :IA-l et seq.
Section 3. This Ordinance shall take effect upon passage and pub lication as required by law.
ORDINANCE 2004-13
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. TIle
clerk thereupon read the ordinance by title. TI,e mayor then announced that all interested parties
would now be given opportunity to be heard for or against the adoption of the ordinance.
After all interested parties had spoken on the ordinance, Ms. Norton moved the hearing be closed.
So ordered.
Mr. Parisi moved the ordinance be adopted on second reading and final passage, which motion was
seconded by Ms. Norton and adopted upon a call of the roll.
ORDINANCE 2004-13
SCHEDULE ill
NO PARKING, STOPPING OR STANDING
In accordance with the provisions of subsection 7-3.5, no person shall park, stop or stand
a vehicle between the hours specified upon any of the following described streets or parts of
streets.
Charlotte Place Both 8:00 a.m. to 6:00 p.m. Route 9W to Rose Street
All days
Hollywood Avenue Both 8:00 a.m, to 6:00 p.m. From the northerly curbline
All days of Route 9W to a point 150
feet westerly thereof.
Charlotte Place North side One hour parking From 9W to Hudson Terrace
All days
v. Both sides of Van Nostran d Avenue from Hudson Terrace to a point 150 feet east
of Route 9W.
BE IT FURTHER ORDAINED that all ordinances or parts of ordinances other than the
zoning ordinance of the borough which are inconsiste nt with the provisions of this chapter are
hereby repealed to the extent of such inconsistency, and
This ordinance shall take effect upon final adoption and publication according to law.
COMMITTEE REPORTS:
Councilman Kasoff announced that the 4"' quarter Senior Taxi schedule has been handed
out.
Councilman Parisi announced that Patrolman Murphy has now been an officer for 10 years.
A letter of thanks was received from Councilman & Mrs. Kasoff thanking Pt!. I-lill for
Installing a baby car seat in their vehicle.
New Jersey DYFS sent a letter of thanks to the ECPD for its expert handling of children
Problems.
Four Burglary suspects were apprehended on Rossett Ave. when a resident observed
these people acting suspiciously.
Ms. Norton announced that the UNITI Assoc. sponsored the art work that is on
Both dugouts.
A homerun derby charity event was held and $750 was collected and will be donated
to the homeless.
A resolution memorializing the denial of an application 'at I Hudson Terrace was adopted.
We are awaiting news from the state on the driveway on New Street.
Paving has begun on Jenkins Drive, Sherwood Avenue and New Street
PUBLIC PORTION: On a motion by Parisi, seconded by Plawker, the meeting was opened to the
public. Carried.
Residents from New Street informed the Council that the owners of the new Mexican
Restaurant have started parking vehicles in improper places causing a lack of visability for vehicles
heading toward 9W.
Mayor Parisi authorized the Municipal Clerk to notify the Building Department to send a
letter to the owners informing them that any change to the parking site plans have to approved by the
Planning Board.
On a motion by Drimones, seconded by Parisi, tbe public portion of the meeting was closed.
Carried.
On a motion by Manolio, seconded by Norton, tbe meeting was adjourned at 8:45 p.m.
ATTEST: APPROVED:
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.
,
MINUTES OF THE: Caucus Meeting of October 20, 2004 and Regular Meeting of October 20,
2004 were placed on the Regular Agenda for approval.
Resolution 04-106 , authorizing the Muni cipal Eogineer to prepare a Muni cipal Storm
Water Plao for tbe Borough ofEoglewood Cliffs, was placed on the regular agenda.
Resolution 04-104, appointin g ErC Elevator Inspectors was placed on the regul ar
agenda for approval.
NEW BUSINESS: Chief Whiting informed the Council that one of the Crossing Guards had
taken ill and would be absent for a few weeks. He asked what the procedure was in temporarily
replacing her, The Municipal Clerk was authorized to call the J.I.F. to ascertain if there were any
liabilities involved in replacing the crossing guard without advertising the position.
ADJOURN: On a motion by Manolio, seconded by Parisi, the meeting adjourned at 8:00 p.m,
Carried.
ALSO PRESENT:
ADEQUATE NOTICE 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 \\lITH THE MUNICIPAL CLERK AND POSTED ON THE
BULLETIN BOARD.
MINUTES OF THIS MEETING VVILL 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 November, 2004 were
ordered paid.
RESOLUTIONS:
On a motion by M anolio, seconde d by Drimones, Resolution 04-104 was offered for adoption:
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-104
WHEREAS, it is necessary for the Borough of Eng lewood Cliffs to engage the services of an
Elevator Inspector for the years 2005-2006 to provide Elevator Inspection services whicb are
necessary for the operation of said Borough; and
WHEREAS, funds will be available by way of elevator inspect ion fees to compensate said
Inspector; and
WHEREAS, the Local Publ ic Contracts Law (N J .R.S. 40A: II et seq) and NJ.A.C . 5:23-4 .5A
requires that the resolution authorizing the award of contrac ts for "professional services" without
competit ive bids must be publicly advertised;
That the Borough Elevator Inspector for a period of two (2) years (2005-2006), is hereby designated
as ErC Inspection Agency Corp, 3705 Kennedy Blvd., Jersey City, N.J. 07307. The inspector is
Joseph Castellon, license #002783-ESIEUSCfHHS. The compensation for said position shall be
80% of the DCA fees collected as per the bid submitted;
This contract is awarded without public bidding as professional services under the Local Contracts
Law by virtue of N.J.R.S. 40A:II-7 and N.J.A.C. 5:23-4.5A which specifically exempts such
contracts from the requirements of public bidding. The Borough Clerk is hereby authorized and
directed to publish a copy of this resolution in the newspaper within ten (10) days from the date
hereof.
On a motion by Norton, seconded by Kasoff, Resolution 04-J05 was offered for adoption:
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-105
WHEREAS, Teterboro Airport is'located in the densely populated and highly traveled region of
Bergen County along the Route 46 highway in the boroughs of Teterboro and Moonachie; and
WHEREAS, in response to public safety concerns at Teterboro Airport, the Coalition for Health
and Public Safety was formed; and
WHEREAS, on May 7, 2003, the Board of Chosen Freeholders passed Resolution 480 urging all
70 municipalities to join the Coalition for Health and Public Safety to address all concerns
regarding air traffic over Bergen County; and
WHEREAS, the Federal Aviation Administration held a scoping meeting on March 13,2001 to
present three scenarios and to provide the opportunity for public comment on plans to address air
traffic in Bergen County; and
WHEREAS, one redesign concept is utilizing ocean routing which extends paths for turbojets
operating at low altitudes bringing the aircraft to higher altitudes prior to flying over urbanized
areas; and
WHEREAS, ocean routing would alleviate noise and air pollution while also minimizing the
amount of air traffic over residential areas in Bergen County.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of
Englewood Cliffs urges the FAA to adopt the concept of ocean routing over Teterboro; and
BE IT FURTHER RESOLVED that a copy of this resolution to the Bergen County Board of
Chosen Freeholders.
On a motion by xxxxxxx, seconded by xxxxxxx, Resolution 04-106 was offered for adoption:
ROLLCALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Norton
ABSTAIN: Parisi
RESOLUTION 04-106
WHEREAS, the Borough of Englewood Cliffs has been assigned a Tier A Municipal
Stormwater Master General Permit; and .
NOW THEREFORE, BE IT
RESOLVED, that the Mayor and Council of the Borough of Englewood Cliffs does
hereby authorize Boswell McClave Engineering to prepare a stormwater plan as set forth by
NJDEP; and i
BE IT FURTHER RESOLVED, that the initial budget is set as $5,000 for the
preparation of the stormwater plan .
ORDINANCE 2004-18
Mr. Plawker moved the ordinance be given its first reading. So ordered.
The Municipal Clerk read the said ordinance by title. Mr. Plawker moved the ordinance
be adopted on first reading and published in the Press Journal on November 18, 2004.
The public hearing to be held on December 15, 2004 . Motion was seconded by Mr. Manolio.
The ordinance was approved at the first reading upon the call of the roll.
ORDINANCE INTRODUCTION
ORDINANCE 2004-19
Councilman Parisi moved the ordinance be given its first reading. So ordered .
The Municipal Clerk read the said ordinance by title. Mr. Parisi moved the ordinance
be adopted on first reading and published in the Press Journal on Nove mber 18, 2004.
The public hearing to be held on December 15, 2004. Motion was seconded by Mr. Kasoff.
The ordinance was approved at the first reading upon the call of the roll .
ORDINANCE 2004-17
The 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 ordinance.
After ample opportunity had been given and no one responding Mr. Parisi 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. Norton and adopted upon a call of the roll.
ROLLCALL: I
AYES: Plawker, Manolio, Drimones, Ka soff Parisi, N orton
ORDINANCE 2004-17
WHEREAS, discovery requests in matters pending in the Municipal Court are submitted
through the Municipal Prosecutor, and
WHEREAS, it is necessary to establish the fees that may be charged for the copies
provided, consistent with the prov isions of the New Jersey Open Public Records Act, N.J.S.A.
47:I A-I , et seq.
I . All requests for discovery in the matters pending in the Borough of Englewood Cliffs
shall be submitted through the Municipal Prosecutor.
2004 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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04-205
NOVEMBER 10, 2004
2. The following fees shall be payab le by the requestor to the Borough of Englewood
Cliffs for the discovery provided:
f. Photographs will be photoc opied at the rates established' herein. If requests are made
or duplicate photographs, the actual cost of making 'the photographs shall be charge d.
h. On any item that cannot be photocopied on the Borough copy machine or not
otherwise provided for in this schedule, the actual cost incurred in making the
copy shall be charged
3. Where the discovery must be obtained from an entity other than the Borough of
Englewood Cliffs e.g. another police department, the actual costs paid to the
other entity shall be paid by the requestor.
BE IT FURTHER ORDAINED that all ordinance s or parts of ordinances other than the
zoning ordinance of the Borough which are inconsistent with the provisions of this chap ter are
hereb y repealed to the extent of such inconsistency; and
COMMITTEE REPORTS:
No Report
The Cross Acceptanc e project has been completed. Map corrections will take place next
week. He thanked Mr. Goldstein, Chairman of the Planning Board, for all the work he put
in on the project.
Councilwoman Drimones congratu lated Mr. Plawker and Mr. Manolio on their re-election to
Council.
Chief Whiting informed the Council that the Police Department in cooperation with St.
Peters College held a weapons seminar which was most successful.
The Crane Fund located at 140 Sylvan Avenue offered their compliments on the
professionalism of police officers that assisted them .
PUBLIC PORTION: On a motion by Drimones, seconded by Manolio, the meeting was opened to
the public. Carried.
Mr. GIener, Jean Drive, asked if the Council could do something about the construction vehicles that
are blocking the streets by being parked on both sides of the street.
Mayor Parisi asked Chief Whiting to ask the companies to park on one side only or put
emergency no parking signs up.
Ms . Sank, Charlotte Place, asked why Councilman Parisi abstain on his vote for resolution 04-106.
The Municipal Attorney informed Ms . Sank that Mr. Parisi does not have to explain his
vote.
Ms. Breen, Van Nostrand Avenue, asked when the final paving and curbing will be completed.
Mr. Mignone, Borough Engineer, informed Ms. Breen that 2 more houses had to be
completed and the final paving and curbing should take place in the spring.
Mr. Plawker read the letter from Assemblywoman Weinberg, which stated that the closing of the
driveway at the restaurant on New Street and 9W was told to' the owners in 1997 and the owners
never responded . However, Mr. Plawker stated that the egress from the restaurant had to be towards
9W and not toward the residential area.
On a motion by Parisi, seconded by Norton, the public portion of the meeting was closed. Carried.
On a motion by Parisi, seconded by Norton, the meeting was adj ourned at 8:45 p.m.
AlTEST: APPROVED:
ALSO PRESENT:
Borough Attorney E. Carter Corriston, Esq.
Borough Engine er Paul Niehoff .
Chief of Police Lawrence Wliiting
Adequate notice of this meeting was given to the press and posted as required. Date and time of this
meeting was legally given as require d by the "Open Public Meetings Act."
TIllS notice is on file with the Munic ipal Clerk and posted on the bulletin board.
Minute s of this meeting will be made available to the public upon the comp letion of typing and
proofreading by the Municipal Clerk.
On a motion by Drimones, seconded by Manolio, resolution 04-112 was offered for adoption:
Roll Call:
Ayes: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-112
RE: CLOSED SESSION
WHEREAS, N.J.S.A. 10:4-12 allows for a public body to go into closed sess ion during a
public meeting , and
WHEREAS, the Mayor and Coun cil of the Borough of Englewood Cliffs has deemed it
necessary to go into closed session to discuss certain matters which are exempted from the public,
NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Borough of
Englewood Cliffs will go into closed session for the following reason as outlined in NJ.S.A. 10:4-
12:
. Any matter involving the purchase, lease or acquisition of real prop erty.
Any pending or anticipated litigation or contract negotiation.
T he Closed session started at 7:20 p.m . and ended at 7:45 p.m. The Council went back into open
session at 7:46 p.m.
MINUTES OF THE: Caucus Meeting of No vember 10, 2004 and Regular Meeting of Novembe r
10, 2004 were placed on the Regu lar Agenda for approvaL
THE F OLL OWING ORDIN AN CE S WASfWERE P LACED ON THE REGULAR AGE NDA
FOR SECOND READING! PUBLIC HEARING.
ADJOURN:
On a motion by Pa risi, seconded by M anolio, the meeting was adjourned at 8:01 p.m.
Carried .
ATTEST: APPROVED:
ALSO PRESENT:
ADEQUATE NOTICE OF THIS MEETING WAS GIVEN TO THE PRESS AND POSTED AS
REQUIRED. DATE AND TIME OF 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 wur. 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 December, 2004 were
ordered paid.
RESOLUTIONS:
O n a motion by Manolio, seconded by Parisi, Resolution 04-107 was offered for adoption:
ROLL CALL:
AYES: Plawker, Man olio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-107
NOW, THEREFORE BE IT RESO LYED that the 'Mayor and Council of the Borou gh
of Englewood Cliffs does hereby approve the membership of Ann Marie Drimones as an active
member of the Englewood Cliffs Volunteer Fire Dep artment.
O n a motion by ManoIlo, secon ded by Plawker, Resolution 04-108 was offered for adoption:
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-108
WHEREAS, there exists a need for the Borough of Englewood Cliffs Health Department
to prov ide state mandated anim al control servic es 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 agree d to provide
animal control services through a contract agreement with the Borough of Eng lewood Cliffs,
Dep artment of Health for the Calendar year 2005; and
WHEREAS, the maximum amount of the contract is $7,237.92 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 co ntract:
WHEREAS, the Animal Center will be responsi ble for tho se services delineated in the
Column I "Ma ndated Services: Animal Regulatory Control Compliance" and Column II
"Additional Services"; and
NOW, THEREF ORE, BE IT RESOLVED by the Mayor and Council of the Borough
of Englewood Cliffs as follows:
RO LL CALL:
AYE S: Plawker, Mano lio, Drimones, Kasoff, Parisi, No rton
RESOLUTION 2004-109
Whereas, George Barne s had purch ased Tax Sale Certificate #02-010n November 14, 2002 on
property commonly known as Block 505, Lot 8; and
Now, Therefore, be it Resolved, by the Mayor and Council of the Borough of Englewood Cliffs,
that the Tax Collector-Treasurer be authorized to issue a refund check drawn from the Current
Account, Summit Bank in the amount of $17,158.51 payable to:
George Barnes
clo Bergen Eastern Pension Trust
FBO G.Barnes
5345 Pennock Point
Jupiter, Florida, 33458
2004 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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04-114
DECEMBER 15,2004
On a motion by Manolio, seconded by Parisi, Resolution 04-110 was offered for adoption :
ROLL CALL:
AYE S: Plaw ker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 2004-110
BE IT RESOLVED by the Mayor and Council of the Borough of Englewood Cliffs that the
following transfers between the 2003 Budget appropriations be mad~:
$103,381.00
On a motion by Plawker, seconded by Drimones, Reso luti on 04-111 was offered for adoption:
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-111
WHEREAS, Bally To tal Fitness Corp ., located at 150 Sylvan Ave nue and also known
and designated as Block 314, Lot 10, has filed tax appeals for 2003 , 2004 and 2005 , challenging
the total assessment of $8,177,500 ; and
WHEREAS, discovery has been completed and settlement conferences beld in the Tax
Court; and
NOW, THEREFORE, BE IT
RESOLVED by the Mayor and Council of tbe Borough of Eng lewood Cliffs that the tax
attorney be and he is hereby autbo rized and directed to execute any and all documents necessary
to effectuate settlement of the matter entitled Bally Total Fitness vs. Englewood Cliffs, so that the
2003 and 2004 appeals will be withdrawn , and the 2005 assessment reduced from a total of
$8,177,500. to a total of $7,359,800, which reflects the Borough' s 2005 state Director' s ratio.
ROLL CALL:
AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton
RESOLUTION 04-113 i
WHEREAS, the Mayor and council desires to cancel said funded balances to capital
fund balance;
ORDINANCE
NUMBER AMOUNT
95-12 $ 2,393
95-13/97-02 $ 1,001
97-08 $ 683
98-08 $ 2.648
99-13 $261,166
00-03 $ 1,435
0 1-04 $ 1,297
0 1-05/0 1-07 $ 920
0 1-08 $ 1.889
$273,432
2004 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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MAY 05 2009 2004-000223-REV1
04-116
DECEMBER 15, 2004
ORDINANCE 2004-16
On a motion by Plawker , seconded by Kasoff, Ordinance 2004-1 6 was ordered withdrawn from
consideration .
Roll Call:
Ayes : Plawker, Manoli o, Drimones, Kasoff, Parisi, Norton
Copies of Ordin ance are to be referred to the Planning Board, Board of Adjustment, Shade Tree
Commission and the Envir onmental Commi ssio n for their input.
ORDINANCE 2004-18
On a motion by Drim ones, seconded by Manolio, Ordin ance 2004-18 was ordered withdraw n
from consideration.
Roll Call:
Ayes : Plawker, Manolio, Dri mones, Kasoff, Parisi, Norton
Copies of the Ordinance are to be referred to the Plannin g Board and Board of Adj ustment for
their input.
ORDINANC E 2004-19
"There is hereby created in and for the Borough of Englewood Cliffs, a Police Department which
shall consist of no more than one Chief of Police, one Deputy Chief, five(changed to seven)
Captains, ten Lieutenants, ten sergeants and twenty patrolpersons.
The 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 as
amended. So ordered. Mr. Plaw ker 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.
2004 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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MAY 05 2009 2004-000224-REV1
04-117
DECEMBER 15, 2004
After all interested parties had spoken on the ordinance, Mr. Plawker moved the hearing he closed.
So ordered.
Ms. Drimones moved the ordinance as amended he adopted on second reading and final passage,
which motion was seconded by Mr. Parisi and adopted upon a call of the roll.
ORDINANCE 2004-19
There is hereby created in and for the Borough of Englewood Cliffs, a Police Department
which shall consist of no more than one Chief of Police, one Deputy Chief, seven Captains, ten
Lieutenants, ten sergeants and twenty patrolpersons.
The Police Department shall preserve the public peace; protect life and property; detect,
arrest and prosecute offenders of the laws of the New Jersey and the ordinances of the Borough of
Englewood Cliffs; direct and control traffic; provide attendance and protection during
emergencies; provide appearances in court; cooperate with all other law enforcement agencies;
and provide training for the efficiency of its members and officers. eNJ.S.A. 40A: 14-152)
The Mayor and Council of the Borough of Englewood Cliffs shall be designated as the
Appropriate Authority as provided in the New Jersey Statutes. The Appropriate Authori ty shall
be responsible for the overall performance of the Police Department. The Appropriate Authority
shall adopt and promulgate Rules and Regulations for the govermnent of the Police Department
and for the discipline of its members. ill.J.S.A. 40A: 14-118)
The Chief of Police shall be the head of the Police Department and shall be directly
responsible to the Appropriate Authority for its efficiency and day to day operations. Pursuant to
policies established by the appropriate Authority, the Chief of Police shall:
Have, exercise and discharge the functions, powers and duties of the
Police Department;
No person shall be appointed to the Police Department who is not qualified as provided
in the New Jersey Statutes. The Appropriate Authority may' also require that an applicant for
appoint to the Police Department shall successfully complete a physical, mental and
psychological examination. (NJ.S.A. 40A:14-122 and N.J.S.A. 40A:14-127)
The Mayor and Council of the Borough of Englewood Cliffs may appoint from time to
time special law enforcement officers in accordance with New Jersey Statutes for terms not
exceeding one year. They shall possess and exercise all the powers and duties provided by said
statutes during their term in office, but shall not be continued as regular members of the Police
Department and shall not be entitled to tenure. The Chief of Police may authorize special law
enforcement officers when on duty to exercise the same powers and authority as regular members
of the Police Department including the carrying of firearms and the power of arrest. (NJ.S .A.
40A:14-l46 .8 et seq.)
COMMITTEE REPORTS:
Patrohnan, Romano, Heinlehnan, & Wiecker celebrated their fourth year in the
Department.
The Chamber hosted their annual Holiday Party and invited Municipal Employees.
Councilman Parisi extended his wishes for a Healthy, and Happy New Year.
The last sign-up day for Little League will be December 18.
Ladies Aerobics and Bowling are on going. Looking for more participants
Plans are in affect to obtain proposals for improvements to the B-3 zone.
Letters will go out to the property owners in order to exchange ideas about
the area.
The Board of Adjustment granted a height variance on Hudson Terrace and approved
a kiosk for the Mobil Station. The kiosk is only 12 square feet.
PUBLIC PORTION: On a motion by Norton, seconded by Kasoff, the meeting was opened to the
public. Carried.
Ms. Skolnick, Priscilla Lane, asked the Councils help in use of her property on 9W.
She was advised by Mr. Corriston that she should obtain legal counsel versed in zoning to
help her appear before the Planning Board.
Mr. Cioffi, 30 Sylvan Avenu e, agreed the B-3 zone should be changed.
Mr. Tarras, 6u, Street, informed the council that 6u, street needs repairs or repaving.
On a motion by Parisi, seconded by Norton, the public portion of the meeting was closed. Carried,
Mayor Parisi extended his wishes for a Happy Holiday and Healthy New Year.
On a motion by Manolio, seconded by Parisi, the meeting was adjourned at 9:05 p.m.
ATTEST: APPROVED: