2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

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02-01 BOROUGH OF ENGLEWOOD CLIFFS BERGEN COUNTY, NEW JERSEY MINUTES OF THE SINE Dill MEETING OF THE MAYOR AND COUNCIL. DATE : January 2, 2002 CALL TO ORDER AT 6:00 P.M. PRESENT AT ROLL CALL: Mayor Council President Councilman Councilman Councilman Councilman ABSENT AT ROLL CALL : Councilwoman ALSO PRESENT : Borough Attorney Supt. of Public Works Chief of Police Joseph C. Parisi John MUrphy nan Plawker Thomas Manolio Jerry Kaso ff Joseph Parisi, Jr. Patricia Drimones E. Carter Corriston, Esq. Rodney Bialko Lawrence Whiting FLAG SALUTE LEAD BY COUNCIL PRESIDENT JOHN MURPHY MAYOR PARISI 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. MAY 05 2009 COURTESY OF COUNCILMAN ROBERT AGRESTA TRANSPARENCY IN GOVERNMENT INITIATIVE - HTTP://WWW.ROBERTAGRESTA.COM 2002-000001-REV1 2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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Borough of Englewood Cliffs, New Jersey 2002 Complete Mayor & Council Minutes provided by Councilman Robert Agresta, Transparency in Government Initiative.

Transcript of 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

Page 1: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-01BOROUGH OF ENGLEWOOD CLIFFS

BERGEN COUNTY, NEW JERSEY

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

DATE : January 2, 2002

CALL TO ORDER AT 6:00 P.M.

PRESENT AT ROLL CALL:

MayorCouncil PresidentCouncilmanCouncilmanCouncilmanCouncilman

ABSENT AT ROLL CALL :

Councilwoman

ALSO PRESENT :

Borough AttorneySupt. ofPublic WorksChief of Police

Joseph C. ParisiJohn MUrphynan PlawkerThomas ManolioJerry KasoffJoseph Parisi, Jr.

Patricia Drimones

E. Carter Corriston, Esq.Rodney BialkoLawrence Whiting

FLAG SALUTE LEAD BY COUNCIL PRESIDENT JOHN MURPHY

MAYOR PARISI STATED:

Adequate notice of this meeting was given to the press and posted as required. Date andtime of this meeting was legally given as required by the "open public meetings act."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 typingand proofreading by the Municipal Clerk.

MAY 05 2009

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2002-000001-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 2: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-02JANUARY 2, 2002

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

No members ofCouncil had any remarks to make at this time.

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

ATTEST :

JOSEPH FAV ARO, BOROUGH CLERK

APPROVED:

JOSEPH C. PARlSI, MAYOR

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2002-000002-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-03

J ANUARY 2,2002

MINUTES OF THE REORGANIZATION MEETING OF JANUARY 2, 2002.

The Oath of Office was administered to Councilman Thomas Manolio and Councilman Dan Plawkerby Municipal Judge , Bonnie Mizdo!.

THE REORGANIZATION MEETING WAS CALLED TO ORDER AT 6:15 P.M.

PRESENT AT ROLL CALL:

MayorCouncil PresidentCouncilmanCouncilmanCouncilwomanCounci lmanCouncilman

ALSO PRESENT:

Borough AttorneySupt. ofPublic WorksChief ofPolice

Joseph C. ParisiJolmMurphyDan Plawker1110mas ManolioPatricia DrimonesJerry KasoffJoseph Parisi, Jr.

E. Carter Corriston, Esq.Rodne y BialkoLawrence Whiting

MAYOR PARISI MADE THE FOLLOWING STATEMENT:

Adequate notice of this meeting was given to the press and posted as required. Date and time of thismeeting was legally given as required by the "Open Public Meeting Act."This notice is on file with the municipal clerk and posted on the bulletin board.Minutes of this meeting will be made available to the public upon completion of typing andproofreading by the Munic ipal Clerk.

MAY 05 2009

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2002-000003-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-04JANUARY 2, 2002

MAYOR PARISrS ADDRESS TO THE PUBLIC

2002 RE-ORGANIZATION

WELCOME TO THE ENGLEWOOD CLIFFS MAYOR AND COUNCIL RE­ORGANIZATION MEETING FOR THE YEAR 2002.THE PAST FOUR MONTHS HAVE BEEN THE MOST TRYING AND DIFFICULTTIME IN THE LIFE OF OUR COUNTRY, THAT I CAN EVER REMEMBER, ORIMAGINE.

THE EVENTS OF SEPTEMBER nTH WILL ALWAYS BE ETCHED IN THE MEMORYOF EACH AND EVERY ONE OF US EVEN IF WE WEREN'T DIRECTLY TOUCHEDBY THAT TERRJBLE TERRORIST ACT.

UNFORTUNATELY, TWO OF ENGLEWOOD CLIFFS RESIDENTS, MR. & MRS.MIRPURI, LOST THEIR SON, RAJEESH. I KNOW MOST OF US CAN NOT EVENIMAGINE, WHAT THAT PAIN IS LIKE. I AM HAPPY THAT THEIR FRIENDS HAVEOFFERED SUCH KIND SUPPORT.

I WANT TO ASSURE THE RESIDENTS OF ENGLEWOOD CLIFFS THAT WE WILLBE WORKING ON AN EMERGENCY RESPONSE SYSTEM, AND OTHERPROCEDURES, TO INSURE THAT IN THE EVENT THERE WERE EVER ACATASTROPIDC INCIDENT, WE WOULD BE WELL PREPARED.

ON A MUCH LIGHTER NOTE, I WANT YOU ALL TO KNOW THAT THE BOROUGHOF ENGLEWOOD CLIFFS IS DOING VERY WELL. THANKS TO THE GOO D WORKOF OUR BOARD OF ADJUSTMENT AND PLANNING BOARD, OUR COMMERCIALRATABLES ARE IN EXCELLENT SHAPE.

THOUGH THERE MAY BE TOUGH ECONOMIC TIMES AHEAD, DUE TO THE WARIN AFGANISTAN AND OUR NATION'S FIGHT AGAINST TERRORISM.. .. AT LEASTHERE AT HOME YOU WILL HAVE STABILITY YOU CAN COUNT ON.

THE CNBC SITE IS REALLY SHAPING UP. THEY HAVE MADE TERRIFICPROGRESS IN GETTING THAT BUILDING FINISHED AND READY FOROCCUPANCY.

IT IS ANOTHER FINE ADDITION TO OUR COMMERCIAL PROPERTIES.WE FINALLY HAVE OUR TELECOMMUNICATIONS TOWER UP AND RUNNING.THERE IS CURRENTLY ONE COMPANY, VERIZON, OPERATING FROM IT, WITHTWO MORE, AT & T AND SPRINT, IN THE PROCESS OF SETTING UP SERVICE.

AS WE LOOK FORWARD TO THE YEAR 2002, I TIDNK WE ALL WILL BELO OKING AT THINGS A LITTLE DIFFERENT AFTER THE EVENTS OF 9/11. WEHAVE TO GO ON LIVING OUR LIVES AS AMERICANS.... THE WAY WE HAVEALWAYS FOUGHT TO DO.

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02-05JANUARY 2, 2002

WORLD WAR II AND THE KOREAN WAR WERE DIFFERENT BECAUSE THEENEMY WAS DEFINED. BUT EVERYTHING WE FOUGHT FOR IN THOSE WARS,AS WE DID IN DESERT STORM, WERE THE SAME VALUES AND WAY OF LIFEWE HOLD DEAR. I FOR ONE WILL NOT LET ANYONE CHANGE WHAT WE HAVEACCOMPLISHED AND CHERISH IN TillS COUNTRY.

I HOPE ALL OF YOU CONTINUE TO BE VIGILANT IN YOUR EVERY DAY LIFEBUT ALSO, DON'T ALLOW THESE TERRORISTS TO DIMINISH YOUR QUALITYOF LIFE.

LIFE TEACHES US VARIOUS AND VALUABLE LESSONS AS WE LIVE EACH DAYWE ARE GIVEN. IT IS LIKE THAT IN A TOWN LIKE ENGLEWOOD CLIFFS. SOUSING TillS LIFE EXPERIENCE, IT IS UP TO US, YOUR ELECTED OFFICIALS TOALWAYS LOOK FOR NEW AND EFFICIENT WAYS TO MANAGE THEINFRASTRUCTURE AND BUSINESS DEALINGS OF 'EHE BOROUGH.

I WANT TO CONGRATULATE ILAN PLAWKER AND TOM MANOLIO ON THEmRE-ELECTIONS SO THAT THEY CAN CONTINUE To" SERVE ON rms TEAMTHAT IS WORKING SO WELL TOGETHER FOR THE BENEFIT OF ALLRESIDENTS.

I WANT TO THANK ALL OUR BOROUGH EMPLOYEES, THE MEMBERS OF ALLOUR VARIOUS BOARDS, FOR THEm WORK DURING TillS PAST YEAR. I KNOWTHAT THEY WILL CONTINUE THE FINE TRADITION OF SERVICE THAT WEHAVE COME TO EXPECT FROM THEM.

I WISH YOU ALL A PROSPEROUS, HAPPY AND MOST IMPORTANTLY A HEALTHYNEW YEAR

MAYOR PARISI MADE THE FOLLOWING STATEMENT:

THE RULES OF ORDER WILL REMAIN UNCHANGED.

On a motion by Plawker, seconded by Manolio, the resolution 02-12 was offered for adoption:

ROLLCALL:AYES: Plawker, Murphy, Manolio, Drimones, Kasoff, Parisi

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2002-000005-REV1

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02-06J ANUARY 2, 2002

RESOLUTION 02-12

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

WHEREAS, the Borough of Englewoo d Cliffs Mayor and Council has established theirCaucus and Regul ar meeting dates for the year 2002. TIle Regular meetings will be held on the thirdWednesday of each month at 8:00 p.m. at the Municipal Building, 10 Kahn Terrace, EnglewoodCliffs , New Jersey. Caucus meetings will be held at 6:30 p.m. on the same night as the regularmeeting. Action may be taken at either meeting.

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough ofEnglewood Cliffs to establish specifically the Caucus and Regu lar meetings of the Mayor andCounc il for the year 2002 as follows:

REGULAR MEETING

JanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecember

16 - Wednesday (Caucus & Regular Meeting)20 - Wednesday (Caucus & Regular Meeting)20 - Wednesday (Caucus & Regular Meeting)17 - Wednesday (Caucus & Regular Meeting)15 - Wednesday (Caucus & Regular Meeting)19 - Wednesday (Caucus & Regular Meeting)17 - Wednesday (Caucus & Regular Meeting)2 1 - Wednesday (Caucus & Regular Meeting)18 - Wednesday (Caucus & Regular Meeting)16 - Wednesday (Cauc us & Regular Meeting)13 - Wednesday (Caucus & Regular Meeting)18 - Wednesday(Caucus & Regu lar Meeting)

MAYOR PARISI STATED THE FOLLOWING:

ALL STANDING COMMITTEES ARE HEREBY DISSOLVED.ALL SPECIAL COMMITTEES ARE HEREBY DISSOLVED.ALL YE ARLY APPOINTMENTS ARE HEREBY TERMINATED.

ON A MOTION BY DRIMONES, SECONDED BY kASOFF, THE BY-LAWS OF 2001WERE ADOPTED FOR THE YEAR 2002.

ROLL CALL:AYES: Plawker, Murphy, Manolio, Drimones, Kasoff, Pari si

MAYOR PARISI STATED: WITH THE ADVICE AND CONSENT OF THE COUNCIL, IMAKE THE FOLLOWING APPOINTMENTS:

COUNCIL PRESIDENT - JOHN MURPHY

AYES: Plawker, Murphy, Manolio, Drimones, Kasoff, Pari si

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02-07JA.1WARY 2, 2002

BOROUGH ATTORNEY - E. CARTER CORRISTON, ESQ.

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

RESOLUTION 02-01

RE : APPOINT BOROUGH ATTORNEY FOR 2001

WHEREAS, it is necessary for the Borough of Englewood Cliffs to engage the services of aBorough Attorney for the year 2002 to provide Legal services which are necessary for the operationof said Borough; and

WHEREAS, funds will be available by way of hudget appropriations and passage of bondordinances to compensate said Attorney, and;

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

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

The Borough Attorney for the year 2002 is hereby designated as E. Carte r Corriston, Esq.

The compensation for said position shall be commensurate with the services rendered by saidAttorney during the year;

This contract is awarded without public bidding as professional services under the Local ContractsLaw by virtue of N.J.S.A. 40A: 11-7 which specifically exempts such contracts from therequirements of public bidding. The Borough Clerk is hereby authorized and directed to publish acopy of this resolution in the newspaper within ten (10) days from the date hereof.

MAY 05 2009

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2002-000007-REV1

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02-08JANUARY 2, 2002

BOROUGH AUDITOR - STEVEN WIELKOTZ

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

RESOLUTION 02-02

RE : APPOINTMENT OF BOROUGH AUDITOR FOR 2002

WHEREAS, it is necessary for the Borough of Englewood Cliffs to engage the services of aBorough Auditor for the year 2002 to provide Auditing services which are oecessary for theoperation of said Borough; and

WHEREAS, funds will be available by way of budget appropriations and passage of bondordinances to compensate said Auditor, and

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

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

The Borough Auditor for the year 2002 is hereby designated as Steven Wielkotz.

The compensation for said position shall be commensurate with the services rendered by saidAuditor during the year;

This contract is awarded without public bidding as professional services under the Local ContractsLaw by virtue ofNJ .S.A.40A:11-7 which specifically exempts such contracts from the requirementsof public bidding. The Borough Clerk is hereby authorized and directed to publish a copy of thisresolution in the newspaper within ten (10) days from the date hereof.

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2002-000008-REV1

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02-09JANUARY 2, 2002

BOROUGH ENGINEER - STEVEN BOSWELL

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

RESOLUTION 02-03

RE: APPOINTMENT OF BOROUGH ENGINEER FOR 2002

WHEREAS, it is necessary for the Borough of Englewood Cliffs to engage the services of anEngineer for the year 2002 to provide Engineering services which are necessary for the operation ofsaid Borough; and

WHEREAS, funds will he available by way of budget appropriations and passage of bondordinances to compensate said Engineer, and

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

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

The Borough Engineer for the year 2002 is hereby designated as Steven Boswell.

The compensation for said position shall be commensurate with the services rendered by saidEngineer during the year;

This contract is awarded without public bidding as professional services under the Local ContractsLaw by virtue of NJ .S.A. 40A:II -7 which specifically exempts such contracts from therequirements of public bidding. The Borough Clerk is hereby authorized and directed to publish acopy of this resolution in the newspaper within ten (10) days from the date hereof.

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2002-000009-REV1

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02-10JANUARY 2, 2002

BOND COUNSEL - CONNELL, FOLEY & GEISER

AYES: Plawker, Murphy, Manolio, Drirnones, Kasoff, Parisi

RESOLUTION 02-04

RE: APPOINTMENT OF BOND CO UNSEL FOR 2001

WHEREAS, it is necessary for the Borough of Englewood Cliffs to engage the services of a BondCounsel for the year 2002 to provide Legal services which are necessary for the operation of saidBorough; and

WHEREAS, funds will be available by way of budget appropriations and passage of bondorclinances to compensate said Bond Counsel; and

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

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

The Borough Bond Counsel for the year 2002 is hereby designated as CONNELL, FOLEY &GEISER.

TIle compensation for said position shall be commensurate with the services rendered by said BondCounsel during the year;

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

requirements of public bidcling. The Borough Clerk is hereby authorized and directed to publish acopy of this resolution in the newspaper with ten (10) days from the date hereof.

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2002-000010-REV1

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02-11JANUARY 2, 2002

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

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

RESOLUTION 02-14

RE: APPOINT TAX APPEAL ATTORNEY FOR 2002

WHEREAS, it is necessary for the Borough of Englewood Cliffs to engage the services of a TaxAppeal Attorney for the year 2002 to provide Legal services which are necessary for the operation ofsaid Borough; and

WHEREAS, funds will be available by way of budget appropriations to compensate said Attorney,and;

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

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

The Tax Appeal Attorney for the year 2002 is hereby designated as Steven M uhlstock, Esq. andthe firm of Gittleman, Muhlstock & Chewcaskie,

The compensation for said position shall be commensurate with the services rendered by said TaxAppeal Attorney during the year;

This contract is awarded without public bidding as professional services under the Local ContractsLaw by virtue of NJ.S.A. 40A: 11-7 which specifically exempts such contracts from therequirements of public bidding. 111e Borough Clerk is hereby authorized and directed to publish acopy of this resolution in the newspaper within ten (10) days from the date hereof.

BOROUGH ADMINISTRATOR (1 YEAR) - J OSEPH FAVARO

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

DEPUTY BOROUGH CLERK (1 YEAR) - DEBORAH FEHRE

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

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02-12JANUARY 2, 2002

COMPLIANCE OFFICER (1 YEAR) - JOSEPH FAVARO

On a motion by Plawker, seconded by Parisi, resolution 02-15 was offered for adoption:

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

RESOLUTION 02-15

WHEREAS, the State of New Jersey has mandated that each Municipality have a PublicAgency Compliance Officer; and

WHEREAS, the Borough of Englewood Cliffs is desirous of complying with the StateMandate;

NOW, TIIEREFORE BE IT RESOLVED that the Mayor and Council of the Borough ofEnglewood Cliffs hereby appoints Joseph Favaro, Borough Administrator, to the position PublicAgency Compliance Officer for the Borough of Englewood Cliffs, for the year 2002.

DEPUTY TAX ASSESSOR (ONE YEAR) - GEORGE REGGO

AYES: Plawker, Murphy, Manolio, Drimones, Kasoffi Parisi

BUILDING INSPECTOR ( ONE YEAR}- ERIC SWANS ON

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

ASSISTANT BUILDING INSPECTOR (ONE YEAR) - LINO BOCCHER

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

FIRE SUB CODE OFFICIAL (FOUR YEARS) - LINO BOCCHER

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

PLUMBING SUB CODE OFFICIAL (FOUR YEARS) - Richard Vanatta

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

ENVIRONMENTAL INSPECTOR (ONE YEAR) - JOSEPH BOCCHER

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

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

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

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2002-000012-REV1

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02-13JANUARY 2, 2002

RESOLUfION 02-13

RE: APPOINT BOROUGH PROSECUTOR FOR 2002

WHEREAS, it is necessary for the Borough of Englewood Cliffs to engage the services of aBorough Prosecutor for the year 2002 to provide Legal services which are necessary for theoperation of the MUnicipal Court of said Borough; and

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

WHEREAS, the Local Public Contracts Law (NJ.S.A. 40A: 11 et seq) requires that the resolutionauthorizing the award of contracts for "professional services" without competitive bids must bepublicly advertised;

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

The Borougb Prosecutor for the year 2002 is hereby designated as Marc C. Saperstein; and

This contract is awarded without public bidding as professional services under the Local ContractsLaw by virtue ofNJ.S.AAOA:II -7 which specifically exempts such contracts from the requirementsofpublic bidding.

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

PUBLIC DEFENDER (l YEAR) - ALBERT WUNSCH m

AYES: Plawker, Murphy, Mano lio, Drimones, Kasoff, Parisi

COURT ADMINISTRATOR (1 YEAR) - MARY McSPDUT

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

RECREATION DIRECTOR (1 YEAR) - NElL J. VlLLYOUTH COORDINATOR (1 YEAR) - VINCENT GIOFFREASSISTANT COORDINATOR (I YEAR) - JOHN REISER

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

WORK FIRST - POOR LAW

ADMINISTRATE LAW (1 YEAR) - VICTORIA swmsxv

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

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2002-000013-REV1

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02-14JANUARY 2, 2002

BOARD OF HEALTH (FOUR YEARS)

DR MARK SINGERDR RONALD WHITEDR. BETH RAUCHER

AYES : Plawker, Murphy, Manolio, Drimanes, Kasaff, Parisi

COLLECTION SYSTEMS OPERATOR (1 YEAR): BRUCE BONAVENTURO

AYES: Plawker, Murphy, Manolio, Drimanes, Kasaff, Parisi

BOARD OF ADJUSTMENT (4 YEARS)- CARLO A. ZOMATOREBOARD OF ADJUSTMENT (4YEARS) - GABRIEL TOMASETTIALTERNATE TO BOARD OF ADJUSTMENT (1 YEAR) - ANTONIO SELVAGGIALT ERNATE TO BOARD OF ADJUSTMENT (1 YEAR) - SUSAN LEECOUNCIL REPRESENTATIVE TO BOARD OF ADJUSTMENT - THOMAS MANOLIO

AYES: Plawker, Murphy, Manolio, Drimanes, Kasaff, Parisi

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

PLANNING BOARD MEMBER (4 YEARS) - ROBERTA STERNPLANNING BOARD MEMBER (4 YEARS) - EDWIN FERREALTERNATE #1 TO PLANNING BOARD (1 YEAR) - JILL ROSENBERGALTERNATE #2 TO PLANNING BOARD (1 YEAR) -BOROUGH REPRESENTATIVE TO PLANNING BOARD (1 YEAR) - JOSEPH FAVARO

COUNCIL REP. TO PLANNING BOARD(1 YEAR) - J OSEPH PARISI, JR.

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

RECYCLING COORDINATOR (1 YEAR) - RODNEY BIALKO

AYES: Plawker, Murphy, Manalio, Drimones, Kasoff, Parisi

FIRE PREVENTION OFFICIAL (l YEAR) - JOSEPH CARDULLO

AYES: Plawke r, Murphy, Mano lio, Drirnones, Kasaff, Parisi

CONSTRUCTION BOARD OF APPEALS (4 YEARS) - MARTIN SANTINIJOHNGALDI

SECRETARY TO BOARD OF APPEALS (1 YEAR) - JOSEPH FAVARO

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

MAY 05 2009

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2002-000014-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 15: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-15JANUARY 2, 2002

SHADE TREE COMMISSION, CHAlRPERSON (FIVE YEARS): YVONNE FAVARO

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

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

DR JEROME GOLDFISIIERDR SALVATORE LaRAIADR GARY GUARNACCIADR LAWRENCE ROSENDR MARK SINGERDR GEORGE WEINBEGERDR CELEST HELVACIANDR PATRICK PERIN

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

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

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

SCHOOL CROSSING GUARDS (l YEAR)

CATHERINE CAFIEROROBERTA SONZOGNIJOSEPHINE HENNJOAN COLEGEROROSE MASTELLONE

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

POLICE MATRONS (1 YEAR)

CATHERINE CAFIEROROSE MASTELLONEJOSEPHINE HENNJOAN COLEGEROCATHY PATRICKJOANN OBERTLIK

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

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2002-000015-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 16: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-16JANUARY 2, 2002

ADA COORDINATOR (1 YEAR) - JOSEPH FAVARO

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

INSURANCE RIS K MANAGER (1 YEAR) - ANDREW DURKIN

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

RESOLUTION 01-11

,BE IT FURTHER RESOLVED that tbe Mayor and Borough Clerk are hereby authorized

and directed to execute the consultant's agreement annexed hereto and to cause a notice of thisdecision to be published according to N.J.S.AAOA:1 1-5 (1) (a) (i).

WHEREAS, the Borough of Englewood Cliffs has resolved to join the South BergenMunicipal Joint Insurance Fund, a self/excess insured fund, following a detailed analysis and;

, WHEREAS, the by-laws of said fund require that each municipality appoint a riskmanagement consultant to perform various professional services as detailed in the by-laws and;

WHEREAS, the by-laws indicate a minimum fee equal to six (6%) percent of the municipalassessment which expenditure represents reasonable compensation for the services required and wasincluded in the cost considered by the mayor and council and;

WHEREAS the judgmental nature of the risk management consultant's duties renderscomparative bidding impracticaL

NOW THEREFORE, BE IT RESOLVED that the Borough of Englewood Cliffs doeshereby appoint Anthony Sorrentino as its risk management consultant in accordance with 40A:11-5and;

INSURANCE FUND COMMISSIONER (1 YEAR) - JOSEPH FAVAROINSURANCE SAFETY DELEGATE (1 YEAR) - RODNEY BIALKOPERSONNEL OFFICER (1 YEAR) - JOSEPH FAVARODEPUTY PERSONNEL OFFICER (1 YEAR) - DEBORAH FERRELABOR ATTORNEY (1 YEAR) - E. CARTER CORRlSTON, ESQ.

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

COUNCIL REPRESENTATIVE TO THE BOARD OF EDUCATION - ILAN PLAWKER

AYES:ABSTAIN:

Murphy, Manolio, Drimones, Kasoff, ParisiPlawker

COUN CIL LIAISON TO THE CHAMBER OF COMMERCE - JOSEPH PARISI, JR.

AYES:ABSTAIN:

Plawker, Manolio, Drimones, Kasoff, ParisiParisi

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2002-000016-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 17: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-17JANUARY 2, 2002

BOROUGH DEPOSITORIES

RESOLUTION 02-10

BE IT RESOLYED by the Borough Council of the Borough of Englewood Cliffs, in theCounty or Bergen, State of New Jersey that the Summit Bank, First Union Bank, PNC Bank, FleetBank, Hudson United Bank, and Bridgeview Bank be and the same are hereby designated asdepositories for all the monies of the Borough ofEnglewood Cliffs during the year 2002; and

BE IT FURTHER RESOLYED that the said banks be and are hereby authorized to makepayments from the funds on deposit with them upon and according to signed checks, drafts, notesand/or acceptances of the Borough of Englewood Cliffs pursuant to the attached list of accounts andauthorized signatures.

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

OFFICIAL NEWSPAPERS - THE RECORDJERSEY JOURNALPRESS JOURNALBERGEN NEWSNEWARK STAR LEDGER

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

EMERGENCY MANAGEMENT COORDINATOR (3 YEARS)

POLICE CHIEF, LAWRENCE WHITING

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

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

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2002-000017-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 18: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-18JANUARY 2, 2002

EMERGENCY PLANNING COUNCIL (1 YEAR) - APPOINTED BY MAYOR

MAYORPUBLIC SAFETYFlRECHIEFFlRE DEPARTMENTAMBULANCE CORP. CAPTAINAMBULANCE CORP. PRESIDENTSUPT. PUBLIC WORKSSEC. BD. OF HEALTHSANITARY INSPECTORHEALTH OFFICERBUILDING INSPECTORPOLICE CAPTAINPOLICE LIEUTENANTRED CROSSfBERGEN CROSSROADSCHAMBER OF COMMERCETAX ASSESSOR, DAMAGESUPT. OF SCHOOLSBOROUGH ADMINISTRATOR

J OSEPH C. PARISIJOHN MURPHYGEORGE DRIMONESTHOMAS MANOLIOLINDA KASOFFWALTER GUNDELRODNEY BIALKODEBORAH FERRETED WAGNERCAROL WAGNERALAN P, MARCUSWILLIAM GALLAGHERMICHAEL McMORROWMARK A. BERMANSHARI DiPALMAGEORGEREGGOPHILOMENA PEZZANOJOSEPH FAVARO

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2002-000018-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 19: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-19JANUARY 2, 2002

STANDiNG COMMITTEES: rmsr PERSON NAMED IS CHA1RPERSON

POLICE:rma.LIGHTiNG:TRANSPORTATION:BUILDiNG & GROUNDS:D.P.W:FiNANCE:RECREATION:SANITATION:LEGAL:BEAUTIFICATION:RECYCLiNG:mSTORICAL:CLEAN COMMUNITIES:

MURPHY, Committee of the WholeKASOFF, Committee of the WholePARISI, Committee of the WholeKASOFF, Committee of the WholeMANOLIO, Committee of the WholeMURPHY, Committee of the WholePLAWKER: Committee of the WholeDRIMONES, Committee of the WholeBANCROFT, Committee of the WholeMURPHY , Committee of the WholeKASOFF, Committee of the WholeMANOLIO, Committee of the WholePLAWKER , Committee of the Who leKASOFF, Committee of the Whole

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

ON A MOTION BY PLAWKER, SECONDED BY MANOLIO, RESOLUTION 02-07 WASOFFERED FOR ADOPTION:

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

RESOLUTION 02-07

TITLE: 2002 TEMPORARY BUDGET

WHEREAS, Section 40 A:4-J9 of Rev ised Statutes of the local Budget Act provides that, where any contracts,commitme nts or payments are to be made prior to the adoption of the 2002budge~ temp orary appropriations bemade for the purposes andamounts required in themanner andtime therein provided; and

WHEREAS, the date of this reso lution is within the first thirty days of January, 2002, and

WHEREAS, said tempora ry appropriations are limited to 26 .25% of the total appropriations in the 2001budget, exclusive of any appropriations made for debt service, Public Assistance, and Capital ImprovementFun d in the said 200 1 budget,

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of EnglewoodCli ffs that the following temporary appropriations be made and that a certified copy of this resolution betransmitted to the treasurerfor his records.

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2002-000019-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 20: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

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

Assessment of Taxes:Salaries and WagesOther ExpensesCollection ofTaxes:Salaries and WagesOther Expenses

Legal Serv ices and CostsSalaries & Wages

Other ExpensesMunicipal Court: Inside CapSalaries and WagesOther Expenses

Engineering Services and Costs:Other Expenses

Public Buildings and Grounds:Other Expenses

Planning Boand:Salaries and WagesOther Expenses

Board of Adjustment:Salariesand WagesOther ExpensesShade Tree:Salaries and WagesOther Expenses

Rental ofBuildingInsurance:Group InsuranceGeneral Insurance and BondsCons truction Board of AppealsOther Expense

PUBLIC SAFETY:Fire:Salaries and WagesFire Hydrant ServicesOther Expenses

Police:Salaries and WagesOther Expenses

JANUARY 2, 2002

GEJI,'ERAL APPROPRIATIONS

20,000.006,500.004,500.00

10,000.00

4,000.00500.00

20,000.001,500.00,

5,000.0010,000.00 _

2,000.00100.00

3,000.00

16,000.00

2,000.005,000.00

2,000 .002,500 .00

1,200.003,000.001,500.00

150,704.0070,000.00

500.00

15,000.0014,000 .0012,000.00

675,701.0050,000.00

02-20

MAY 05 2009

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2002-000020-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 21: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

Construction Code Offic ial:Sa laries and WagesOther Expe nses

Fire Sub-Code Official:Salari es and Wages

Plumbing Inspector.Salaries and Wages

Emergency Management:Sa laries and WagesOther Expenses

Uniform Fire Safety Act:Salaries and WagesOther Expe nses

Elevator Insp ect ion OlEFirst Aid Organiza tion Contribution

STREETS AND ROADSRoad Repairs and Ma intenance:Salaries and Wage sOther Expenses

Gasoline

JANUARY 2, 2002

10,000.001,000.00

3,000.00

2,500.00

125.0050.00

4,500.00900.00

5,000.0010,000.00

90,000.0015,000.00 ·10,000.00

02-21

SANITATION:Garbage and Trash RemovalSewer System:Other ExpensesBergen County Utilities Authority Service Charge

UNEMPLOYMENT COMP INSURANCEOther Expense

HEALTH AND WELFARE:Board ofHealth:Salaries and WagesOther Expen ses

Administration ofPubli c Assistance :Salaries and WagesOther Expe nses

UTILITIES:Gas , Electric and WaterTelephoneWaterStreet lighting

RECREATION AND ED UCATION:Parks and Playgrounds:Salaries andWagesOther Expenses

SeniorCitizens: OtherExpenses

i

100,000.00,

4,500.00130,000.00

5,000.00

4,000.0014,000 .00

1,000.00100.00

15,000.0010,000.00

1,000.0030,000.00

10,000.0010,000.005,000.00

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2002-000021-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 22: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

JANUARY 2, 200202-22

STATUTORY EXPENDITURES:Consolidated Police and Firemen's Pension FundPolice & Firemen's Retirement SystemofNew JerseySocial Security (OASI)

MUNICIPAL COURT - Outside CapSalaries and WagesOther Expenses

DRUG & ALCOHOL ALLIANC E GRANTLocal Match

SENIOR CITIZEN BUS TRANSPORTATION

TOTAL GENERAL APPROPRIATIONS

DEBT SERVICE

Payment of Bond PrincipalInterest on BondsInterest on Notes

TOTAL DEBT SERVICE

II ,876.00278,436.0020,000.00

10,000.002,000.00

10,000.002,500.00

10,000.00

$1,944,692.00

850,000.00182,181.0061,500.00

$1,093,681.00

MAY 05 2009

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2002-000022-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 23: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-23J ANUARY 2, 2002

ON A MOTION BY PLAWKER, SECONDED BY DRIMONES, RESOLUTION 02-08WAS OFFERED FOR ADOPTION:

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

RESOLUTION 02-08

RE: FIX RATE OF INTEREST FOR LATE PAYMENT OF TAXES

WHEREAS, in accordance with the provisions ofN.J.SA 54:4-67 as amended, the governing bodyof each municipality may, hy resolution fix the rate of interest to be charged for non-payment oftaxes or assessments, on or before the date on which they would become delinquent; and

WHEREAS, NJ .S.A. 54:4-67 as amended provides that the governing body by Resolution, mayprovide that no interest shall be charged if payment of any installment is made within 10 days afterthe date upon which the same become payable; .,

NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough ofEnglewood Cliffs do hereby fix the rate of 8% (eight percent) interest per annum up to $1500.00:18% (eighteen percent) per annum thereafter to be charged for delinquent payment of anyinstallments not made within 10 days after the date upon which taxes become payable.

,BE IT FURTHER RESOLVED, that any installment received after the expiration of the graceperiod shall bear interest from the due date:

This resolution shall take effect inunediately.

ON A MOTION BY PLAWKER, SECONDED BY MANOLIO, RES OLUTION 02-09 WASOFFERED FOR ADOPTION:

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

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2002-000023-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 24: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-24JANUARY 2, 2002

TITLE: AUTHORIZE SIGNATORIES TO SIGN PAYROLL CHECKS

RESOLUTION 02-09

WHEREAS, it is in the best interest of the Borough of Englewood Cliffs and its various employeesto provide a continuity of payment in accordance with the schedules contained in the official salaryordinance of the Borough of Englewood Cliffs; and

WHEREAS, in order to effectuate such purpose it is necessary to authorize the signing of payrollchecks for the payroll period immediately prior to the formal approval of a salary voucher for suchperiod;

NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough ofEnglewood cliffs that the authorized signatories be and they are hereby authorized to sign payro llchecks for borough Officers and employees in accordance with the salary schedules contained withinthe official Borough salary ordinance for the pay period prior to formal approval of the voucherauthorizing payments by the Mayor and Council.

WHEREAS, it is in the best interest of the Borough of Englewood Cliffs and its various employeesto provide a continuity of payment in accordance with the schedules contained in the official salaryordinance of the Borough of Englewood Cliffs; and .'

WHEREAS, in order to effectuate such purpose it is necessary to authorize the signing of payrollchecks for the payroll period immediately prior to the formal approval of a salary voucher for suchperiod;

NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough ofEnglewood cliffs that the authorized signatories be and they are hereby authorized to sign payrollchecks for borough Officers and employees in accordance with the salary schedules contained withinthe official Borough salary ordinance for the pay period prior to formal approval of the voucherauthorizing payments by the Mayor and Council .

ON A MOTION BY PLAWKER, SECONDED BY MURPHY, RESOLUTION 02-17 WASOFFERED FOR ADOPTION.

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

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2002-000024-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 25: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-25JANUARY 2, 2002

RESOLUTION 02-17

RE: CANCELLATION OF 2001 BUDGET APPROPRIATIONS

WHEREAS, balances exist in various 2001 budget account(s) at present; andWHEREAS, it has been deemed by the Chief Financial Officer that these balances are

encumbered; andWHEREAS, it is the desire of the Mayor and Council to cancel said appropriations to

fund balances;NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough

of Englewood Cliffs, that the following 200I appropriations are hereby canceled to fund balance:

Sewer Charge - Tenafly

TOTAL

s 3,420.09

$ 3,420.09

ON A MOTION BY DRlMONES, SECONDED BY MANOLlO, RESOLUTION 01-16WAS OFFERED FOR ADOPTION:

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

RESOLUTION 01-16

RE: CASH MANAGEMENT PLAN

WHEREAS, N.J.S.A. 40A:5-l4 requires the Borough of Englewood Cliffs to adopt aCash Management Plan; and

WlillREAS, the Borough of Englewood Cliffs adopts its Cash Management Planannually; and

WHEREAS, this Cash Management Plan shall be designated to assure tot he extentpracticable the investment of local funds in interest bearing accounts and may be modified fromtime to time in order to reflect changes in Federal or State law or regulations:

NOW, THEREFORE BE IT RESOLVED, that the Borough of Englewood Cliffs CashManagement Plan be continued for 2002.

ON A MOTION BY MANOLlO, SECONDED BY DRlMONES, RESOLUTION 02-18WAS OFFERED FOR ADOPTION.

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

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2002-000025-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 26: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-2 6JANUARY 2, 2002

RESOLUTION 02-18

WHEREAS, balances exist in various old outstanding grant awards; and

WHEREAS, said grants have either been not fully utilized or award periods have lapsed;and

WHEREAS, such funds are now unencumbered;

NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Boroughof Englewood Cliffs that the following grants receivable and appropriated reserves are herebycanceled;

Receivables: BalancesGrant:

Clean Communities Program $11.360

.... .. ...... ...... .. .. .... ...... ... .. ..... .... ... ... ...... ..... . .. : $11.360

Appropriated Reserves :Grant:

Supplemental Fire Services Program , $5,439Alcohol Education and Rehabilitation.. . . 503Recycling Trust Fund Grant.. .11,734Road Repair Grant.. .3,769Drunk Driving Enforcement Fund 1,427Clean Communities Grant Program I ,816Recycling Tonnage Grant.. 7,444Municipal Recycling Assistance Program .. ................ 15,221Clean Communi ties Grant Program 395Clean Communities Grant Program 884Recycling Tonnage Grant.. 36Recycling Tonnage Grant.. .4,624Drunk Driving Enforcement Fund 66Community Development Block Grant........ 461Alcohol Education and Rehabilitation 202New Jersey Hazardous Materials 3,503Drunk driving Enforcement Fund .437Clean Communities Grant Program 6,254Clean Communities Grant Program 2,580Alcohol Education and Rehabi litation 211Clean Communities Grant Program 6,059

... . . . . . . . . . . .. . . . . . . . . . .. . . . . . . .. . . . . .. . . . . . . . . . . . . . .. . . . . . . . ..$73,065

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2002-000026-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 27: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-27JANUARY 2, 2002

MAYOR PARISI ASKED THE COUNCIL MEMBERS IF THEY HAD ANY REMARKSTHEY WISHED TO MAKE.

Councilman Manolio thanked the community for re-electing him to office. He also recognizedthe fallen heroes of September 11, 200 l.

Councilwoman Drimones also offered her thanks to those who served on September 11.

Councilman Murphy thanked the communi ty for electing Torn Manolio and n an Plawker tooffice.

Councilman Plawker thanked the citizens of Englewood Cliffs for his re-election. His heartgoes out to all those persons who suffered a loss because of September 11 , 200 I .

Councilman Parisi complimented Councilmen Manolio and Plawker on their re-election. Hestated that he is no longer a rookie on the council but now is a Junior member. He wishedeveryone a Happy New Year.

Councilman Kasoff wished everyone a Happy New Year and wished that 2002 will be better than2001.

ON A MOTION BY MANOLIO, SECONDED BY PLAWKER, THE REORGANIZATIONMEETING WAS ADJOURNED. CARRIED.

ATTEST:

JOSEPH FAVARO , BOROUGH CLERK

APPROVED:

JOSEPH C. PARISI, MAYOR

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2002-000027-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 28: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-28

BOROUGH OF ENGLEWOOD CLIFFSBERGEN COUNTY, NEW JERSEY

MINUTES OF THE CAUC US MEETING OF JANUARY 16, 2002

CALL TO ORDER AT 6:30 P.M.

PRESENT AT ROLL CALL :

MayorCouncil PresidentCouncilwomanCounc ilmanCouncilman

ABSENT AT ROLL CALL :

Counc ilmanCouncilman

ALSO PRESENT:

Borough AttorneyBorough EngineerChief ofPoliceSupt. ofPublic Works

MAYOR PARISI STATED :

Joseph C. ParisiJolmMurphyPatricia DrimonesJerry KasoffJoseph Parisi, Jr.

nan Plawker (Arrived at 7:50 p.m.)Thomas Manolio

E. Carter Corriston, Esq.Andrew HipolitLawrence WhitingRodne y Bialko

Adequate notice of this meeting was given to the press and posted as required. Date and time of thismeeting was legally given as required by the "Open Public Meetings Act."This notice is on file with the Municipal Clerk and posted on the buUetin board.Minutes of this meeting will be made available to the public upon the completion of typing andproofreading by the Municipal Clerk.

VOUCHERS WERE SIGNED BY THE FINANCE COMMITTEE.

MINUTES OF THE : Caucus Meeting of December 19, 2001 and Regular Meeting of December19, 2001 were placed on the Regular Agenda for approval.

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2002-000028-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 29: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-29JANUARY 16, 2002

THE FOLLOWING REPORTS WERE PLACED ON THE REGULAR - CONSENTAGENDA FOR APPROVAL.

Police Report of December, 200 ICourt report of December, 2001Construction Code Official's Report of December, 2001Collectorffreasurer's Report of November, 2001Fire Department' s 2001 4"' Quarter Report

ACTION TAKEN ON THE FOLLOWING COMMUNICATIONS:

Ms. Melonie Simon Feeding Rescue Workers at the World Trade Center

Action involving this letter will take place at the regular meeting after Ms. Simondetails exactly what she wants the Council to do.

THE FOLLOWING RESOLUTIONS WERE PLACED ON THE REGULAR AGENDAFOR APPROVAL:

02-19 Falun Gong02-20 Accept Donation to Englewood Cliffs Police Department02-21 Accept Donation to Englewood Cliffs Recreation Department02-22 Authorize Mayor and Clerk to sign Agreement with Bergen County

REPORT OF STANDING COMMITTEES

Reports will be given at the regular meeting.

REPORT OF BOROUGH ATTORNEY

Mr. Corriston reported that the contract between the Englewood Library and theBorough ofEnglewood Cliffs has been signed and returned to Englewood.

REPORT OF BOROUGH ENGINEER

Mr. Hipolit reported that the Sanitary Sewer project will begin next week.

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02-30JANUARY 16, 2002

REPORT OF SUPERINTENDENT OF PUBLIC WORKS

Mr. Bialko reported that the rubber tire payloader has broken down . He has spoken to Foleyabout repairs. The transmission repair will cost $10,000; the top engine repair costs$30,000. The vehicle as is, is worth $7,000. The $30,000 repair will increase the value ofthe vehicle to about $25,000. The repair is guaranteed for 180 days.

At present, Mr. Bialko is renting a rubber tire payloader for $5,000 per month.

A new rubber tire payloader costs about $110,000.

Mr. Coniston suggested that Mr. Bialko get the transmission fixed and prepare specs for anew machine. Be sure the specs are generic.

ADJOURN:

On a motion by Kasoff, seconded by Drimones, the meeting adjourned at 8:00 p.m. Carried.

ATTEST:

JOSEPH FAVARO, MUNICIPAL CLERK

APPROVED:

JOSEPH C. PARtSI, MAYOR

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02-31

BOROUGH OF ENGLEWOOD CLIFFSBERGEN COUNTY, NEW JERSEY

MINUTES OF THE REGULAR MEETING OF JANUARY 16, 2002

CALL TO ORDER AT 8:00 P.M.

PRESENT AT ROLL CALL :

MayorCouncil PresidentCouncilmanCouncilwomanCouncilmanCouncilman

ABSENT AT ROLL CALL:

Councilman

ALSO PRESENT:

Municipal AttorneyMunicipal EngineerChief of PoliceSuperintendent DPW

Joseph C. ParisiJohn Murphynan PlawkerPatricia DrimonesJerry KasoffJoseph Parisi, Jr.

Thomas Manolio (Arrived at 8:20 p.m.)

E. Carter CorAston, Esq.Andrew HipolitLawrence WhitingRodney Bialko

FLAG SALUTE LEAD BY: Council President, John Murphy

MAYOR PARiSI STATED:

ADEQUATE NOTICE OF THIS MEETING WAS GIVEN TO THE PRESS AND POSTED ASREQUIRED . DATE AND TIME OF rms MEETING WAS LEGALLY GIVEN AS REQUIREDBY THE "OPEN PUBLIC MEETINGS ACT."THIS NOTICE IS ON FILE WITH THE MUNICIPAL CLERK AND POSTED ON THEBULLETIN BOARD.MINUTES OF THIS MEETING WILL BE MADE AVAILABLE TO THE PUBLIC UPON THECOMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.

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2002-000031-REV1

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02-32JANUARY 16, 2002

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

Caucus Meeting of December 19, 2001Regular Meeting of December 19, 2001

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

Police Report of December, 200 ICourt Report of December, 200 IConstruction Code Officials Report of December, 2001Collector Treasurer's Report of November, 2001Fire Department 2001 4"' Quarter Report

ACTION TAKEN ON THE FOLLOWING COMMUNICATIONS:

Melonie Simon Feeding Rescue Workers at WTC

Ms. Simon explained how she and two of her friends worked at Nino's Restaurant. Therestaurant feeds many of the workers from the World Trade Center. They not only needdonations to help with the cost but also volunteers.

Councilman Parisi suggested that he will contact the Chamber of Commerce in order toobtain donations from them. Possibly the High School Students, as part of theircommunity service requirements, collect monies to help defray the expenses incurredby the restaurant.

CLAIMS:

On a motion by Plawker, seconded by Kasoff, the Claims for the month of January, 2002 wereordered paid.

Ayes: Plawker, Murphy, Manolio, Drirnones, Kasoff, Parisi

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02-33JANUARY 16, 2002

RESOLUTIONS:

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

On a motion by Plawker, seconded by Drimones, Reso lution 02-19 was offered for adoption:

ROLL CALL:AYES: Plawker, Murphy, Manolio, Drimones, Kasoff, Parisi

RESOLUTION 02-19

WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs, Bergen County,New Jersey, firmly upholds the concept, in law and in practice; of the separation of issues involvingChurch and State; and

WHEREAS, the respons ibility to mainta in that separat ion does not preclude protectingthe right of every individual to practice any religion or to follow the dictates of any set of politicalor social beliefs, so long as those practices do not infringe uppn the rights of others, is deemed aproper mandate for public offici als to support and endorse; aI/d

WHEREAS, discrimination and persecution of individuals in various part s of the Worldbased upon their religious, political or social beliefs continue to exist; and

WHEREAS, such discrimination and persecution are, in many cases, part of publicpolicy;

NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council of the Boroughof Englewood Cliffs, Bergen County, New Jersey, that all such discrimination and persecution becondemned by all people; and

BE IT FURTHER RESOLVED, that we are committed to basic hum an rights andliberty for all inhabitants of the World.

On a motion by Murphy, seconded by Parisi, Resolution 02-20 was offered for adoption:

ROLL CALL:AYES: Plawker, Murphy, Manolio, Drimones, Kasoff, Parisi

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02-34JANUARY 16, 2002

RESOLUTION 02-20

TITLE: ACCEPT DONATION TO ENGLEWOOD CLIFFS POLICEDEPARTMENT

WHEREAS, Mr. Sam Cohen, Chairman, Montammy Fund, P.O. Box 496, Alpine, NewJersey, has donated $1,000.00 to the Englewood Cliffs Police Department; and

WHEREAS, the money has been specifically donated to the Englewood Cliffs PoliceDepartment toward the purchase of an Electronic Message Sign Board; and

WHEREAS, a check in the amount of $1,000.00 has been received by the Borough andhas been deposited in the Borough 's account;

NOW, THEREFORE,

BE IT RESOLVED that the Englewood Cliffs Mayor and Council does hereby acceptthe generous donation of Mr. Sam Cohen, Chairman, Montammy Fund, toward the purchase of anElectronic Message Sign Board.

I

On a motion by Drimones, seconded by Plawker , Resolution 02-21 was offered for adoption:

ROLL CALL:AYES: Plawker, Murphy, Manolio, Drimones, Kasoff, Parisi

RESOLUTION 02-21

TITLE: ACCEPT DONATION TO ENGLE WOOD CLIFFS RECREATIONDEPARTMENT

WHEREAS, the Fred H. Witte Memorial Scholarship Fund, has donated $16,878.75 to theEnglewood Cliffs Recreation Department; and

WHEREAS, the money has been specifically donated to the Englewood CliffsRecreation Department toward the purchase recreation equipment; and

WHEREAS, a check in the amount of $16,878.75 has been received by the Borough andhas been deposited in the Borough's account;

NOW, THEREFORE,

BE IT RESOLVED that the Englewood Cliffs Mayor and Council does hereby acceptthe generous donation of the Fred H. Witte Memorial Scholarship Fund, toward the purchase ofrecreation equipment.

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02-35JANUARY 16, 2002

On a motion by Drimones, seconded by Parisi, Reso lution 02-22 was offered for adoption :

ROLLCALL:AYES: Plawker, Murphy, Manolio, Drimones , Kasoff, Parisi

RESOLUTION 02-22

TITLE: 2002 PROFESSIONAL SERVICES FOR EMPLOYEEASSISTANCE PRO GRAM

BE IT RESOLVED that the Mayor and Council of the Borough of Englewood Cliffs doeshereby authorize the Mayor and Municipal Clerk to sign the Agreement, between the County ofBergen and the Borough of Englewood Cliffs, for the 2002 Professional services for the EmployeeAssistance Program.

AP POINTMENTS:

With the advice and consent of the Council, Mayor Parisi nominated John Obertlik as the DeputySuperintendent of Public Works.

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

COMMITTEE REPORTS:

COUNCILMAN KASOFF: Fire, Transportation, Beautification, Clean Communities

Councilman Kasoffreported that the new taxi service for Senior Citizens has started withgreat success. The Seniors have voiced approval for the door to door service. Mr. Kasoffstated that this service should save the Borough about $10,000 per year.

COUNCILMAN PARISI: Sanitation, Lighting, Planning Board

Councilman Parisi complimented Councilman Kasoff on the outstanding job he didfor providing the new taxi service.

The Planning Board had no new items before it. The last meeting was just the Sine Die andRe-Organization meeting.

The Chamber of Commerce held their Holiday Party in December.

Everything else is running smoothly in his other areas.

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02-36JANUARY 16, 2002

COUNCILMAN PLAWKER: Finance, Historical, Board of Education

Coun cilman Plawker also congratulated Councilman Kasoff.

John Grieco, Superintendent ofthe Bergen County Academies, has been named as theSuperintendent ofScbools of the City ofEnglewood.

The injunction is still up in the air.

The magnet school has enrolled 68 students from outside the district and 68 students frominside the district.

COUNCILMAN MURPHY: Police, Legal

Councilman Murphy announced the service time of the following Police Officers:

Chief WhitingCaptain GallagherLt . RodriguesPt!. Rice

36 years30 years30 years , also retiring shortlyIS years i

Councilman Murphy also reported that Chief Whiting also upgraded the safety curtainlocated in the shooting range. This will prevent the possible ricochet ofbuJIets, thusprotecting po lice officers.

Letter was received complim enting Lt. Murrary for solving a stolen credit card case.Letter received from the family of retired Lt. Higgins, for the police escort during thefuneral of his father.

COUNCILWOMAN DRIMONES: Recreation

Councilwoman Drimones reported that Basketball and Soccer started last Saturday.

Baseball registration will take place on March 5, from 7 p.m. to 9 p.m. and also onMarch 9 from 9 a.m. to 12 noon.

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

Counci lman Manolio reported that the Board of Adjustment held their re-organization onJanuary 14th

One case , pertaining to a deck onDorchester Road was postponed.

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02-37JANUARY 16, 2002

REPORT OF BOROUGH ATTORNEY:

Mr. Corriston reported that the Library Contract has been executed and returned tothe Library for their signatures.

Nextel has filed suite against the Borough and the Board ofAdjustment.He stated that he will use Mr. Kasler to help with the litigation.

REPORT OF BOROUGH ENGINEER :

Mr. Hipolit reported that the Sanitary Sewer project will begin next week.

Chief Whiting announced that there will be two water trucks available to the Boroughwhen United Water shuts down the water on 9W while repairing a broken meter onThursday and Friday. '

REPORT OF SUPERINTENDENT OF PUBLIC WORKS:

Mr. Bialko reported that work has begun on the Bayview Avenue playground. He expectsthe completion date to be in April. .

NEW BUSINESS:

Mayor Parisi asked the Chief of Police and the Supt. of Public Works to inspect the town and toremove all illegal signs that are posted on telephone poles.

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

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

On a motion by Manolio, seconded by Drimones, the meeting was adjourned at 8:40, p.m.

ATTEST:

JOSEPH FAVARO, MUNICIPAL CLERK

APPROVED:

JOSEPH C. PARISI, MAYOR

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2002-000039-REV1

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02-38

BOROUGH OF ENGLEWOOD CLIFFSBERGEN COUNTY, NEW JERSEY

MINUTES OF THE CAUCUS MEETING OF FEBRUARY 20, 2002

CALL TO ORDER AT 6:30 P.M.

PRESENT AT ROLL CALL:

MayorCouncil PresidentCouncilmanCouncilmanCouncilwomanCouncilman

ABSENT AT ROLL CALL:

Councilman

ALSO PRESENT:

Borough AttorneyBorough EngineerChief of PoliceSupt. of Public Works

MAYOR PARISI STATED:

Joseph C. ParisiJohn MurphyDan PlawkerThomas Mano lioPatricia DrimonesJerry Kasoff

Joseph Parisi, Jr.

.'E. Carter Corriston, Esq.Andrew HipolitLawrence WhitingRodney Bialko

Adequate notice of this meeting was given to the press and posted as required. Date and time of thismeeting was legally given as required by the "Open Public Meetings Act."This notice is on file with the Munic ipal Clerk and posted on the bulletin board .Minutes of this meeting will be made available to the public upon the completion of typing andproofreading by the Municipal Clerk.

VOUCHERS WERE SIGNED BY THE FINANCE COMMITTEE.

On a motion by Manolio , seconded by Kasoff, resolution 02-26 was offered for adoption:

ROLLCALL:AYES : Plawker, Murphy, Manolio , Drimones, Kasoff, Parisi

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02-39FEBRUARY 20, 2002

RESOLUTIO N 02-26

RE: CL OSED SESSION

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

WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs has deemed itnecessary to go into closed session to discuss certain matters which are exempted from the public,

NOW, THEREFORE BE IT RESOLVED , that the Mayor and Council of the Borough ofEnglewood Cliffs will go into closed session for the following reason as outlined in NJ.S .A. 10:4­12:

ANY PENDING OR ANTICIPATED LITIGATION,

Englewood Cliffs ads. LauzonEnglewood Cliffs ads. Parkwa y Toyota

Closed session began at 6:35 p.m. and ended at 6:55 p.m. Open session began immediatelythereafter.

,MINUTES OF THE: Re-Organization Meeting of January" 2, 2002; Caucus Meeting of January16, 2002; and Regular Meeting of January 16, 2002 were placed on the Regular Agenda forapproval.

THE FOLLOWING REPORTS WERE PLACED ON THE REGULAR AGENDA FORAPPROVAL.

Police Report of January, 2002Court report of January, 2002Construction Code Official's Report of January, 2002CollectorfTreasurer's Report of December, 2002

ACTION TAKEN ON THE FOLLOWING COMMUNICATIONS:

I. NJ .D.E.P. Administrative consent Order

The Municipal Engineer explained that the D.E.P. was authorizing 26 new homes to beconnected to the sanitary sewer system. All credits for work done on the sanitary sewersystem were taken by the D.E.P. for permission to do the 26 homes, even though theBorough has decreased its flow far in excess to the amount the 26 homes would generate.Ordered filed and placed on the regular agenda for approval.

2. Steven Muhlstock, Esq. Englewood Cliffs ads. Lauzon [Closed Session]

Resolution 02-25, agreeing to the settlement was placed on the regular agenda for approval.

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02-40FEBRUARY 20, 2002

THE FOLLOWING RESOLUTIONS WERE PLACED ON THE REGULAR AGENDAFOR APPROVAL :

02-23 Appoint Collection Systems Operator02-24 Authorize Signatures for Grant Award for Safe Kids Playground02-25 Tax Appeal Settlement: Englewood Cliffs ads. Lauzon; Parkway Toyota02-27 Accept Donation to ECPD from Unilever02-28 Transfer ofFunds02-29 Authorize Municipal Clerk to sign application, Charter Ridge L.P .02-30 Authorize Municipal Clerk to sign application, Tangl ewood Cliffs

THE FOLLOWING ORDINANCE(S) WASIWERE PLAtED ON THE REGULARAGENDA FOR INTRODUCTION:

2002-012002-02

2002-03

Amend Chapter IX and Chapter XXXBond Ordinance, Vehicle for DPW(Resolution 02-31, Temporary Capital Bud get to be approved)Amend Zonin g Code, Chapter XXX, Section 30

REPORT OF BOROUGH ENGINEER

Mr. Hipolit reported that the sanitary sewer project taking place on US Route 9W andHudson Terrace is on schedule and should be completed within the month.

NEW BUSINESS: REPORT OF SHADE TREE COMMISSION

Ms. Favaro, Shade Tree Chairp erson reported to the Mayor and Council that there weretrees located at Witte Field that were dead and many that were in danger of dying. Sheoffered suggestions as to what can be done to save the dying trees. The dead trees mustbe removed because they are a danger to the people using the field. Tree experts havebeen notified and asked to inspect the trees that are in danger. Mr. Bialko will assistMs. Favaro in contacting tree experts. Costs for all this have to be determined.

ADJOURN: On a motion by Manolio, seconded by Kasoff, the meeting was adjourned at 7:45 pm.Carried.

ATTEST:

JOSEPH FAVARO, MUNICIPAL CLERK

APPROVED:

JOSEPH C. PARISI, MAYOR

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02-41

BOROUGH OF ENGLEWOOD CLIFFSBERGEN COUNTY, NEW JERSEY

MINUTES OF THE REGULAR MEETING OF FEBRUARY 20, 2002

CALL TO ORDER AT 8:00 P.M.

PRESENT AT ROLL CALL:

MayorCouncil PresidentCouncilmanCouncilmanCouncilwomanCouncilman

ABSENT AT ROLL CALL:

Councilman

ALSO PRESENT:

Municipal AttorneyMunicipal EngineerChief ofPoliceSuperintendent DP W

Joseph C. ParisiJohn Murp hyllan PlawkerThomas ManolioPatricia DrimonesJerry Kasoff

Joseph Parisi, Jr.

E. Carter Corriston, Esq .Andrew HipolitLawrence WhitingRodney Bialko

FLAG SALUTE LEAD BY: Council President, John Murphy

MAYOR PARISI STATED:

ADEQUATE NOTICE OF THIS MEETING WAS GIVEN TO THE PRESS AND POSTED ASREQ UIRED . DATE AND TIME OF rms MEETING WAS LEGALLY GIVEN AS REQUIREDBY THE "OPEN PUBLIC MEETINGS ACT."rms NOTICE IS ON FILE WITH THE MUNICIPAL CLERK AND POSTED ON THEBULLETIN BOARD.MINUTES OF THIS MEETING WILL BE MADE AVAILABLE TO THE PUBLIC UPON THECOMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK .

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02-42FEBRUARY 20, 2002

MINUTES OF THE FOLLOWING MEETINGS WERE ACCEPTED AS PRESENTED ONA MOTION BY MAN OLIO, SECONDED BY PLAWKER, AND CARRIED.

Re-Organization Meeting ofJanuary 2, 2002Caucus Meeting of January 16, 2002Regular Meeting of January 16, 2002

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

Police Report of January, 2002Court Report of January, 2002Construction Code Officials Report of January, 2002Collector Treasurer's Report of December, 2002

ACTION TAKEN ON THE FOLLOWING COMMUNICATIONS:

N.J. D.E.P. Administrative Con sent Order

Ordered filed on a motion by Drimones, seconded by Manolio and Carried...

CLAIMS:

On a motion by P1awker, seconded by Manolio , the Claims for the month of February, 2002 wereordered paid.

Ayes:Absent:

P1awker, Murphy, Manolio, Drimones, KasoffParisi

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02-43FEBRUARY 20, 2002

RESOLUTIONS:

MAYOR PAlUSI STATED:"IF ANYONE WISHES TO COMMENT ON ANY RESOLUTION TO BE ACTED ONTIDS EVENING, THEY MAY DO SO AT TIDS TIME."

On a motion by Manolio, seconded by Drimones, Resolution 02-23 was offered for adoption:

ROLLCALL:AYES:ABSENT:

Plawker, Murphy, Manolio, Drimones, KasoffParisi

RESOLUTION 02-23

TITLE: APPOINT COLLECTION SYSTEMS OPERATOR

WHEREAS, the Borough of Englewood Cliffs is in need of a licensed CollectionSystems Operator pursuant to NJ.S.A. 7:IOA-l.l et seq; and

WHEREAS , in regard to same they are desirous of retaining the services ofBonaventuro, LLC, a limited liability corporation formed for the purpose of performing saidservices ; I

NOW, THEREFORE BE IT RESOLVED, thatthe Borough of Englewood Cliffshereby retains for the year 2002, Bonaventuro, LLC, as their water treatment operator conditionedupon the fact that all services performed in regard to same shall be performed by BruceBonaventuro, a licensed operator pursuant to the provisions ofNJ.S.A. 7:lOA-I.I et seq.

On a motion by Plawker, seconded by Manolio, Resolution 02-24 was offered for adoption:

ROLLCALL:AYES:ABSENT:

Plawker, Murphy, Manolio,Drimones,KasoffParisi

RESOLUTION 02-24

TITLE: SAFE KIDS PLAYGROUND

WHEREAS, the Borough of Englewood Cliffs desires to obtain a grant from the NewJersey Department of Community Affairs, for approximately $10,000.00, with $10,000.00 localshare for a total contract of $20,000.00 for 2002 to eliminate the hazards at the Bayview Park.

BE IT THEREFORE RESOLVED, that the Borough of Englewood Cliffs does herebyauthorize the execution of the grant agreement from the Department, and also, upon receipt of thefully executed agreement from the Department, does further authorize the expenditure of suchfunds pursuant to the terms of said agreement between the Borough of Englewood Cliffs and theNew Jersey Department of Community Affairs.

BE IT FURTHER RESOLVED that the persons whose names, titles, and signaturesappear below are authorized to sign the agreement, and any other documents necessary inconnection therewith:

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2002-000046-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 47: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-44FEBRUARY 20, 2002

On a motion by Plawker, seconded by Drimones, Resolution 02-25 was offered for adoption:

ROLLCALL:AYES:ABSENT:

Plawker, Murphy, Manolio, Drimones, KasoffParisi

RESOLUTION 02-25

TITLE: TAX APPEAL SE'ITLEMENT, LAUZONIPARKWAY TOYOTA

WHEREAS, Parkway Toyota is the owner of certain property located in the Borough ofEnglewood Cliffs, at Block 130, Lot 23, also known as 100 Sylvan Avenue; and

WHEREAS, Denn is Lauzon is the owner of certain-property located in the Borough ofEnglewood Cliffs, at block 130, Lot 22, also known as 46 Sylvan Avenue; and

WHEREAS, taxpayers have filed 2000 and 200 1 real property tax appeals , which matersare presently pending in the Tax Court ofNew Jersey; and

WHEREAS, the Borough has reviewed and analyzed all relevant documents andappraisals and has conducted several settlement conferences; 'and

WHEREAS, it is the Borough Appra iser's opinion that the settlement is in the bestinterests of the Borough ofEng lewood Cliffs ;

NOW, THEREFORE BE IT RESOLVED by the Mayor and Coun cil of the Boroughof Englewood Cliffs that the Borough Tax Appeal Attorney be and he is hereby authorized anddirected to execute any and all documents necessary in order to settle litigation entitled ParkwavToyota Y. Englewood Cliffs , pending in the Tax Court ofNew Jersey, so that the 2000 and 2001total assessment of $6.3 mill ion will be reduced to a total of $5.4 million, with a refund ofapproximately $24,000, inclusive of both years; and be it further

RESOLVED, that the aforesaid settlement is predicated and conditioned upon thewithdrawal of the complaints filed entitled Lauzon YS. Englewood Cliffs; and be it further

RESOLVED, that the aforesaid settlement is further predicate d upon a waiver of any andall pre-judgment interest on any refund due to the taxpayer.

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2002-000047-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 48: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-45FEBRUARY 20, 2002

On a motion by Manolio, seconded by Drimones, Resolution 02-27 was offered for adoption:

ROLL CALL:AYES:ABSENT:

Plawker, Murphy, Manolio, Drimones, KasoffParisi

RESOLUTION 02-27

TITLE: ACCEPT DONATION TO ENGLEWOOD CLIFFS POLICEDEPARTMENT

WHEREAS, Uni lever United States Foundation Inc., 390 Park Avenue, Ne w York, NY10022 has donated $3,000.00 to the Englewood Cliffs Police Department; and

WHEREAS, the money has been specifically donated to the Englewood Cliffs Pol iceDepartment toward the purchase of an Electronic Message Sign Board; and

WHEREAS, a check in the amount of $3,000.00 has'been received by the Borough andbas been deposited in the Borough' s account; ,

NOW, THEREFORE,

BE IT RESOLYED that the Englewoo d Cliffs Mayor and Council does hereby acceptthe generous donation of Unilever United States Foundation Inc., toward the purchase of anElectronic Me ssage Sign Board .

On a motion by Drimones, seconded by Plawker, Resolution 02-28 was offered for adoption:

ROLL CALL:AYES:ABSENT:

Plawker, Murphy, Manolio, Drimones, KasoffParisi

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2002-000048-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-46FEBRUARY 20, 2002

RESOLUTION 2002-28

RE: TRANSFER OF FUNDS BETWEEN 2001 BUDGET APPROPRIATIONS

BE IT RESOLYED by the Mayor and Council of the Borough of Englewood Cliffs that thefollowing transfers between the 2001 Budget appropriations be made:

FROM: CONSTRUCTION OFFICIAL OlE $ 4,754.00TO: ELEVATOR INSPECTOR $ 4,754.00

FROM: POLICES/w $19,000 .00TO : GROUP INSURANCE $19,000 .00

FROM: FIRE OlE $ 4,462.00TO: GROUP INSURANCE $ 4,462.00

FROM: SHADE TREE OlE $ 5,000 .00TO: GROUP INSURANCE $' 5,000.00

FROM: COLLECTOR OF TAXES S/W $ 1,443.00TO: BUILDING AND GROUNDS OlE , $ 1,443 .00

FROM: UNEMPLOYMENT $ 2,064.00TO: UTllJTIES-STREET LIGHTING $ 2,064.00

FROM: UNEMPLOYMENT $ 2,840.00TO : UTll.lTIES - TELEPHONE $ 2,840.00

FROM: SOCIAL SECURITY $ 1,298.00TO: PARKS & PLAYGROUNDS OlE $ 1,298.00

FROM: SOCIAL SECURITY $ 4,539.00TO: UTILITIES - GAS & ELECTRIC $ 4,539 .00

FROM: SOCIAL SECURITY $ 5,000.00TO: UTILITIES - WATER $ 5,000 .00

T OTAL TRANSFERS $50,400,00

On a motion by Manolio, secon ded by Drimones, resolution 02-29 was offered for adopt ion.

ROLLCALL:AYES:ABSENT:

Plawker, Murphy, Manolio, Drimones, KasoffParisi

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2002-000049-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-47FEBRUARY 20, 2002

RESOL UTION 02-29

TITLE: AUTHORIZE MUNICIPAL CLERK T O SIGN APPLICATION

BE IT RESOLVED, that the Borough Counci l of the Borough of Englewood Cliffs doeshereby authori ze the Municipal Clerk to sign a Treatment Works Approval Application forCharter Ridge, L.P. , Block 206, Lot 25 .

On a motion by Plawker, seconded by Drimon es, resolution 02-30 was offered for adoption.

ROLL CALL :AYES:ABSENT:

TITLE:

Plawker, Murphy, Maoolio, Drimones, KasoffParisi

RESOLUTION 02-30

AUTHORIZE MUNICIPAL CLERK TO SIGN APPLICATION

"BE IT RESOLVED, tha t the Borough Council of the Borough of Englewood Cli ffs doeso

hereby authorize the Municipal Clerk to sign a Treatment Works Approval Application forTaoglewood Cli ffs, Blo ck 101, Lots 1,2,20.

ORDINANCES: F O R INT R O DUC TION

COUNCILM AN PLAWKER INTRODUCED AN ORDINANCE ENTITLED:

ORDIN ANCE 2002-01

AN ORDINANCE AMENDING THE ZONING ORDIN ANCE OF THEBOROUGH O F EN GLEW OOD CLIFFS T O SET FORTH AN

AMENDMENT TO CHAPTER IX, BUILDING AND HOUSING,SECTION 9-6.3 TO DEFINE FAMILY

ANDAMENDIN G THE ZONING ORDINANCE OF T HE BOROUGH OF

ENGLEWOOD CLIFFS TO SET FORTH AN AMENDMENT TOCHAPTER xxx, ZONING T O DEFINE RESIDENTIAL FAMILY DWELLINGS

Councilmao Plawker moved the ordinance be given its first reading. So ordered.The municipal clerk read the said ordinaoce by title. Councilmao Plawker moved the ordinaocebe adopted on first reading aod published in the Press Journal on February 28, 2002.The public hearing to be held on March 20, 2002. Motion was seconded by CouncilwomaoDrimones.

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2002-000050-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-48FEBRUARY 20, 2002

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

ROLL CALL:AYES:ABSENT:

Plawker, Murphy, Manolio, Drimones, KasoffParis i

On a motion by Manolio, seconded by Plawker, Resolution 02-31 was offered for adoption:

ROLLCALL:AYES:ABSENT:

Plawker, Murphy, Manolio, Drimones, KasoffParisi

RESOLUTION #2002-31

RE: TEMPORARY CAPITAL BUDGET

WHEREAS, the Borough of Englewood Cliffs desires to -constitute the 2002 TemporaryCapital Budget of said municipality by insertin g therein the following project.

NOW, THEREFORE BE IT RESOLVED byi the Council of the Borough ofEnglewood Cliffs as follows:

Section 1. The 200 2 Temporary Capital budget of the Borough of Englewood Cliffsis hereby constituted by the adoption of the schedule to read as follows:

Temporary Capital Budget of the

Borough of Englewood Cliffs

County ofBergen, New Jersey

Proj ects Scheduled for 2002

Method of Financing

Project

Art iculated Tool Carrier

Est.Costs Grants

121,000

BudgetAppr.Fund

CapitalImp.Fund

6,050

CapitalSurplus

GeneralBonds

114,950

Section 2. 111e Clerk be and is authorized and directed to file a certified copy of thisresolution with the Division of Local Government Services, Department of Community Affairs,State ofNew Jersey, within three days after the adoption of this project for 2002 Temporarycapital Budget , to be included in the 2002 Permanent Capital Budget as adopted.

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2002-000051-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-49FEBRUARY 20, 2002

COUNCILMAN MANOLIO INTRODUCED AN ORDINANCE ENTITLED:

ORDINANCE 2002-02

BOND ORDINANCE TO PROVIDE FOR CERTAIN IMPROVEMENTS,BY AND IN THE BOROUGH OF ENGLEWOOD CLIFFS, IN THE

COUNTY OF BERGEN, STATE OF NEW JERSEY APPROPRIATING$120,750 THEREFOR AND AUTHOR1Z1NG, THE ISSUANCE OF$115,000 BONDS OR NOTES OF THE BOROUGH TO FINANCE

PART OF THE COST THEREOF.

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 ordinancebe adopted on first reading and published in the Press Journal on February 28, 2002 .

The public hearing to be held on March 20, 2002. Motion was seconded by CouncilwomanDrimones.

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

AYES:ABSENT:

Plawker, Murphy, Manolio, Drimones, KasoffParisi i

COUNCILMAN PLAWKER INTRODUCED AN ORDINANCE ENTITLED:

ORDINANCE 2001-03

AN ORDINANCE AMENDING ORDINANCE 9909 OF THEBOROUGH OF ENGLEWOOD CLIFFS AND FURTHERAMENDING CHAPTER XXX, ZONING SECTION 30 OF

THE BOROUGH OF ENGLEWOOD CLIFFS

Councihnan Plawker moved the ordinance be given its first reading. So ordered.The municipal clerk read the said ordinance by title. Councilman Plawker moved the ordinancebe adopted on first reading and published in the Press Journal on February 28, 2001.

The public hearing to be held on March 20, 200 I. Motion was seconded by Councilman Manolio.

TI,e ordinance was approved at the first reading upon the call of the roll.

AYE S:ABSENT:

Murphy, Plawker, Manolio, Drimones, KasoffParisi

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2002-000052-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-50FEBRUARY 20, 2002

COMMITTEE REPORTS :

COUNCll-MAN KASOFF: Fire, Transportation, Beautification, Clean Communities

Councilman Kasoffreported that Junior Fire Fighter, John Cioffi has been made aregular member of the Englewood Cliffs Volunteer Department.

COUNCll-MAN PLAWKER: Finance, Historical, Board of Education

Councilman Plawker reported that Dwight Morrow High School conducted a presenta tionon the new magnet schoo!. Supt. John Greico presided. There were 250 attendees.On February 25, Mr. Greico will make a presentation at the Englewood Cliffs UpperSchool Library .

COUNCll-MAN MURPHY:

No Report

COUNCll-WOMAN DRIMONES:

Police, Legal

Recreation

Councilwoman Drimones reported that Baseball registration will be held on March 6and March 9.

COUNCll-MAN MANOLIO: DPW, Building & Grounds, Recycling, Bd. Of Adj.

Councilman Manolio reported that the Board ofAdjustment meeting had to be postponedbecause there was no Attorney in attendance.

REPORT OF BOROUGH ATTORNEY:

No report

REPORT OF BOROUGH ENGINEER:

The Sanitary sewer projects on Hudson Terrace and Route 9W were on schedule.The project was due to be completed by April I.The park on West Bayview Avenue has been staked out for renovation

Councilman Murphy stated that the sanitary sewer contractor had dumped sand and rockon John Street and that the workers were very rude to residents who complained to themabout the dumping. Mr. Hipolit slated that he reprimanded the company .

REPORT OF SUPT. OF PUBLIC WORKS;

Mr. Bialko reported that he started -work on the Bayview Park. The top of the area hasbeen scraped. and grading will now take place.

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2002-000053-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-51FEBRUARY 20, 2002

REPORT OF CHIEF OF POLICE:

ChiefWhiting announced that Emergency Water Restrictions have been ordered by theBergen County Office ofEmergency Management.

MAYOR PARlSI reported that he has asked the Supt. ofPublic Works to investigate the possibilityofdrilling a well at Witte Field. The water would be used for the sprinkling system.

PROCLAMATION: "READ ACROSS AMERICA"

WHEREAS, the citizens of Englewood Cliffs stand firmly committed to promoting reading as thecatalyst for our students' future academic success, their preparation for America ' s jobs of the future,and their ability to compete in a global economy; and

WHEREAS, The Mayor and Council has provided significant,leadership in the area of communityinvolvement in the education of our youth, grounded in the principle that educational investment iskey to the community's well being and long-term quality of life; and

WHEREAS, "NEA's Read Across America," a national celebration of Dr. Seuss' s birthday onMarch 2"", promotes reading and adult involvement in the educaiton ofour community ' s students;

THEREFORE, BE IT RESOLVED that I, Joseph C. Parisi, calls on the citizens of EnglewoodCliffs to assure that every child is in a safe place reading together with a caring adult on March 2"",2002;

AND BE IT FURTHER RESOLVED that this body enthusiastically endorses "NEA's ReadAcross America" and recommits our community to engage in programs and activities to makeAmerica's children the best readers in the world.

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

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

Dr. Sank asked questions about the trees on Witte Field, Nextel, and the ACO.

On a motion by Drimones, seconded by Manolio, the public portion of the meeting was orderedclosed.

On a motion by Manolio, seconded by Drimones, the meeting was adjourned at 8:40, p.m.

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2002-000054-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-52FEBRUARY 20, 2002

ArrEST:

JOSEPH FAVARO, MUNICIPAL CLERK

APPROVED:

JOSEPH C. PARISI, MAYOR

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2002-000055-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 56: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-53

BOROUGHOFENGLEWOODCLWFSNEW JERSEY

MINUTES OF THE SPECIAL MEETING OF THE MAYOR AND COUNCIL

DATE: MARCH 7, 2002

PURPOSE: 2002 MUNICIPAL BUDGET WORKSHOP

CALL TO ORDER AT: 7:00 P.M.

PRESENT AT ROLL CALL:

MAYORCOUNCIL PRESIDENTCOUNCILMANCOUNCILWOMANCOUNCILMANCOUNCILMAN

ABSENT AT ROLL CALL:

COUNCILMAN

ALSO PRESENT:

CFOLAWRENCE WHITINGGEORGE DRIMONESRODNEY BIALKO

JOSEPH C. PARlSIJOHN MURPHYILANPLAWKERPATRICIABRIMONESJERRYKASOFFJOSEPH PARlSI,JR.

THOMAS MANOLIO

JOSEPH IANNACONI, JR .CHIEF OF POLICEFIRE CHIEFSUPT. OF PUBLIC WORKS

OPEN PUBLIC MEETINGS ACT STATEMENT:

"ADEQUATE NOTICE OF rms SPECIAL MEETING WAS GIVEN TO THE RECORD ANDPRESS JOURNAL AND POSTED AS REQUIRED.DATE AND TIME OF rms SPECIAL MEETING WAS LEGALLY GIVEN AS REQUIRED BYTHE "OPEN PUBLIC MEETINGS ACT."rms NOTICE IS ON FILE WITH THE BOROUGH CLERK AND POSTED ON THEBULLETIN BOARD.

The council members reviewed the Department budget requests, as presented by the DepartmentHeads. Reductions and additions were made after discussion with the Department Heads. Thechanges were given to the Municipal Clerk, who will make the changes in the computer. TI,e revisedbudget document is to be given to the CFO for review .

On a motion by Plawker, seconded by Kasoff, the meeting was adjourned at I I :00 p.m.

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2002-000056-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 57: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

ATTEST:

JOSEPHFAVAROMUNICIPAL CLERK

MARCH 7, 2002

APPROVED:

JOSEPH C. PARISIMAYOR

.,

02-54MAY 05 2009

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2002-000057-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-55

BOROUGH OF ENGLEWOOD CLIFFSBERGEN COUNTY, NEW JERSEY

MINUTES OF THE CAUCUS MEETING OF MARCH 20, 2002

CALL TO ORDER AT 6:30 P.M.

PRESENT AT ROLL CALL:

MayorCouncil PresidentCouncilmanCouncilwomanCouncilmanCouncilman

ABSENT AT ROLL CALL:

Councilman

ALSO PRESENT:

Borough AttorneyBorough EngineerChief ofPoliceSupt. of Public Works

MAYOR PARISI STATED:

Joseph C. ParisiJohn Murphynan PlawkerPatricia DrimonesJerry KasoffJoseph Parisi, Jr.

Thomas Manolio

E. Carter Corriston Jr., Esq.Andrew HipolitLawrence WhitingRodney Bialko

Adequate notice of this meeting was given to the press and posted as required. Date and time of thismeeting was legally given as required by the "Open Public Meetings Act."This notice is on file with the Municipal Clerk and posted on the bulletin board.Minutes of this meeting will be made available to the public upon the completion of typing andproofreading by the Municipal Clerk.

2002 MUNICIPAL BUDGET

Mayor Parisi explained that the Bergen County Tax Board had computed our Ratio at98.76%, while our appraiser had calculated it at 111%. We are going to appeal the decisionimmediately in order to get a ruling prior to Bergen County armouncing the new tax rate.

Councilman Kasoff explained the need of the Volunteer Fire Department for a new pumper.

VOUCHERS WERE SIGNED BY THE FINANCE COMMITTEE.

MINUTES OF THE: Caucus Meeting of February, 2002 and Regular Meeting of February 20,2002 were placed on tile Regular Agenda for approval.

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2002-000058-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-56MARCH 20, 2002

THE FOLLOWING REPORTS WERE PLACED ON THE REGULAR AGENDA FORAPPROVAL.

Police Report of February, 2002Court report of February, 2002Construction Code Official's Report of February, 2002Collector/Treasurer's Report of January, 2002

ACTION TAKEN ON THE FOLLOWING COMMUNICATIONS:

MUNICIPAL ENGINEER ESTIMATE #1, SANiTARY SEWERSREHABILITATION, SYLVAN AVENUE

Resolution 02-36, approving payment, was placed on the regular agenda for approval.

MUNICIPAL ENGINEER ESTIMATE #5, FINAL pAYMENTSANiTARY SEWER, vARiOUS STREETS

Resolution 02-37, approving payment , was placed on the regular agenda for approval.

THE FOLLOWING RESOLUTIONS WERE PLACED ON THE REGULAR AGENDAFOR APPROVAL:

02-32 Agreement: Bloodbome Pathogens02-33 Authorize Clerk to sigu Treatment Works Approval Permit02-34 Increase Deferred Local School Taxes02-35 Transfer of Funds02-36 Estimate #1, Sanitary Sewer Rehabilitation, Sylvan Avenue02-37 Estimate #5, Sanitary Sewer Rehabilitation, Various Streets

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

2002-012002-022002-03

Amend Chapter IX and Chapter XXXBond Ordinance, Vehicle for DPWOrdinance withdrawn and re-introduced as amended.[fa be withdrawn and replaced with Ordinance 2002-04]

THE FOLLOWING ORDINANCE WAS PLACED ON THE REGULAR AGENDA FORINTRODUCTION:

2002-03 Amend Zoning Code, Chapter XXX, Section 30

PROCLAMATION: Arbor Day. Placed on the regular agenda.

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2002-000059-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-57MARCH 20, 2002

Councilman Parisi made a few suggestions as how to improve the area surrounding the WestBayview Avenue Playground and basketball court. He noted that there were many weeds and overgrowth that should be removed. He also suggested that the dead-end streets leading to the areashould be better signed so that vehicles do not inadvertently go into the area.Councilman Parisi suggested that the Municipal Attorney amend the ordinance that prohibits dogs onWitte Field because the Borough is planning to have a dog run located near the field.

ADJO URN: The Caucus meeting was adjourned at 7:45 p.m. on a motion by Plawker, secondedby Kasoff and Carried .

ATTEST:

JOSEPH FAVARO, MUNICIPAL CLERK

APflROVED :

JOSEPH C. PARISI, MAYOR

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2002-000060-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-58

BOROUGH OF ENGLEWOOD CLIFFSBERGEN COUNTY, NEW JERSEY

MINUTES OF THE REGULAR MEETING OF MARCH 20, 2002

CALL TO ORDER AT 8:00 P.M.

PRESENT AT ROLL CALL:

MayorCouncil PresidentCouncilmanCouncilwomanCouncilmanCouncilman

ABSENT AT ROLL CALL:

Councilman

ALSO PRESENT:

Municipal AttorneyMunicipal EngineerMunicipal AuditorChief or PoliceSuperintendent DPW

Joseph C. ParisiJohn MurphyDan PlawkerPatricia DrimonesJerry KasoffJoseph Parisi, Jr.

Thomas Manolio

E. Carter Corriston Jr., Esq.Andrew HipolitSteven WeilkotzLawrence WhitingRodney Bialko

FLAG SALUTE LEAD BY: Council President, John Murphy

MAYOR PARISI STATED :

ADEQUATE NOTICE OF THIS MEETING WAS GIVEN TO THE PRESS AND POSTED ASREQUIRED. DATE AND TIME OF THIS MEETING WAS LEGALLY GIVEN AS REQUIREDBY THE "OPEN PUBLIC MEETINGS ACT."THIS NOTICE IS ON FILE WITH THE MUNICIPAL CLERK AND POSTED ON THEBULLETIN BOARD.MINUTES OF THIS MEETING WILL BE MADE AVAILABLE TO THE PUBLIC UPON THECOMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.

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2002-000061-REV1

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02-59MARCH 20, 2002

On a motion by Plawker, seconded by Parisi, resolution 02-38 was offered for adoption.

ROLLCALL:AYES:ABSENT:

Plawker, Murphy, Drimones, Kasoff, ParisiManolio

The Municipal Auditor, Steven We ilkotz, explained the budget to the Council and the public. Heremarked that after the re-assessment , the tax rate for the Borough should be about $0.89. It could beslightly higher or lower depending on what the new County Tax Rate is.

RESOLUTION 02-38

RE: M unicipal Budget of the Borough of Englewood Cliffs,County of Bergen for the Fiscal Year 2002

BE IT RESOLVED, that the following statements of revenues and appropriations shall

constitute the Munic ipal Budget for the year 2002;

BE IT F URTHER RESOLVED, that said Budget be published in the Press Journal in the

issue ofMarch 28, 2002; and

BE IT FURTHER RESOLVED that the Governing Body of the Borough of Englewood

Cliffs does hereby approve the following as the Budget for the year 2002:

The following notice was read by the Municipal Clerk:

Notice is hereby given that the budget and tax resolution was approved by the Mayor and councilof the Borough of Englewood Cliffs, County of Bergen, on March 20th

, 2002.A hearing on the budget and tax resolution will be held at Borough Hall on May 15110

, 2002 at8:00 o'clock p.m. at which time and place objections to said budget and tax resolution for theyear 2002 may be presented by taxpayers or other intere sted persons.

On a motion by Plawker, seconded by Drimones, resolution 02-41 was offered for adoption.

AYES:ABSENT:

Plawker, Murphy, Drimones, Kasoff, ParisiManolio

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2002-000062-REV1

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RE SOLUTION 02-41

RE : SELF EXAMINATION O F 2002 MUNICIPAL BUD GET

WHEREAS, NJ.S .A. 40A :4-78 b has authorized the Local Finance Board to adopt rules thatpenni ! municipalities in sound fiscal condition to assume the responsibility, norm ally granted to theDirector of the Division of Local Government Services, of conducting the annual budget examination; and

WHEREAS, N.J.A.C. 50:30-7 was adopted by the Loca l Finance Board on February I I , 1997;and

WHEREAS, pursuant to N.J.A.C. 5:30-7.2 thru 7.5 the borough of Englewood Cliffs has bee ndeclared eligible to participate in the program by the Division of Local Government Services , and the Chieffinancia l Officer has determined that the Boro ugh meets the necessary co nditions to participate in theprogram for the 2002 budget year, so now therefore

BE IT RESOLVED, by the Borough Council of the Borough of Englewood Cliffs that inacco rdance with N.J.A.C. 5:30-7.6a & b and based upon the Chief Financial Officer' s ce rtification. Thegovernin g body has found the budget has met the following requirements:

I. That with reference to the following items, the amo unts have been calculated pursuant to lawand appropriated as such in the budget.

a. Payment of interest and debt redemption charges ,b. Defe rred charges and statutory expendituresc. Cash deficit of preceding yeard. Reserve for uncollected taxese. Other reserves and non-disbursement itemsf. Any inclus ions o f amounts required for school purposes

2. That the provisions relating to limitation on increases of appropriations pursuant to N J.S.A.40a:4-45 .2 and appropriations for exce ptions to limits on appropriations found at 40A :4-45 .3et seq. are fully met (Complies with the "CAP" law.)

3. That the budget is in such form, arrangement, and content as required by the Local BudgetLaw and N.J.A.C. 5:30-4 and 5:30-5 .

4. That pursuant to the Local Budget Law:

a. All es timates of revenue are reasonable, accurate, and co rrectly stated,b. Items of appropriatio n are properly set forthc. In itemization, form, arrange ment, and content the budget will permit the exercise of the

co mptroller functio n within the municipality.

5. The budget and associated amendments have been introduced, publicly advertised, and inaccordance with the relevant provisions of the Local budget Law, except that failure to meetthe deadlines ofN.J .S.A. 40A :4-5 shall not prevent such certification.

6. That all other appl icable statutory requ irements have been fulfi lled.

BE IT FURTHER RESOLVED, that a copy of this reso lution be forwarded to the Director ofthe D ivision of Local Government Services.

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

Caucus Meeting of February 20, 2002Regular Meeting of February 20,2002

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

Police Report of February, 2002Court Report of February, 2002Construction Code Officials Report of February, 2002Collector Treasurer's Report of January, 2002

CLAIMS:

On a motion by Plawker, seconded by Parisi, the Claims for the month ofMarch, 2002 were orderedpaid . .'

Ayes:Absent:

Plawker, Murphy, Drimones, Kasoff, ParisiManolio

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RESOLUTIONS:

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

Dr. Sank asked the scope of Resolutions 02-36 and 02-37. Mr. Hipolit explained that one forsanitary sewer work on US Route 9W and the other for various streets within the town.

On a motion by Drimones, seconded by Plawker, Resolution 02-32 was offered for adoption:

ROLLCALL:AYES:ABSENT:

Plawker, Murphy, Drimones, Kasoff, ParisiManolio

RESOLUTION 02-32

TITLE: BLOODBORNE PATHOGENS COMPLUNCE PROGRAM

WHEREAS, there exists a need for the Borough of Englewood Cliffs to provide statemandated health services of a technical and professional nature for the Bloodbome PathogensCompliance Program; and

WHEREAS, the Bergen County Department of Health Services can assure compliancein accordance with P.E.O.S.H.A. as follows: Exposure Control Plan Development; Policies andProcedures, Training Programs; and Record/Report Generation and Retention and bill ing supportdocumentation; and

WHEREAS, the Berge n County Department of Health Services has agreed to providepublic health services through a contract agreement with the Borough of Englewo od Cliffs,Department of Health for the calendar year 2002; and

WHEREAS, the fee is to be in an amount not to exceed $1,750.00 for training andpurchase of the vaccine under State Contract based on $38.00 per vaccina tion and funds will beavailable for this purpose; and

WHEREAS, it has been certified that this meets the statutes and regulations concerningthe award of said contract;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Boroughof Eng lewood Cliffs as follows:

I. That Joseph Favaro, Municipal Clerk is hereby authorized and directed to execute anagreement with the Bergen County Department of Health Services to perform pub lic healthservices of a professional nature for the Bloodbome Pathogens Program for the period January 1,2002 through December 31, 2002 at a cost in an amount not to exceed $1,750.00 for trainingand purchase oftbe vaccine under State Contract based on $38.00 per vaccination; and

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2. Thi s contract is awarded without competitive bidding in accordanc e with NJ.S .A.40A: 11-5(2); and

BE IT F URTHER RESOLVED that the Chief Financial Officer has certified, inaccordance with N.J.A.C. 5:30-14.5 that sufficient legally appropriated funds will be available forthis purpose subject to appropriation of fund s in the 2002 adopted budget.

On a motion by Plawker, seconded by Par isi, Resolution 02-33 wa s offered for adoption:

ROLL CALL:AYE S:ABSENT:

TITLE:

Plawker, Murphy, Drimones, Kasoff, ParisiManolio

RESOLUTION 02-33 . .

AUTHORIZE MUNICIPAL CLERK TO SIGN APPLICATION

BE IT RESOLVED, that the Borough Council of the Borough of Englewood Cliffs doeshereby authorize the Muni cipal Clerk to sign a Treatment Works Approval Permit for V & RDevelopers, Inc., Sara Hill Lane and Jenkins Drive, Block 303, Lots 40.

On a motion by Drimones, seconded by Parisi, Resolution 02-34 wa s offered for adoption:

ROLLCALL:AYES:ABSENT:

Plawker, Murphy, Drimones, Kasoff, ParisiManolio

RESOLUTION 02-34

RE: AUTHORIZING INCREASE IN DEFERRED SCHOOL TAXESFOR LOCAL SCHOOL TAXES

WHEREAS, the Divis ion of Local Government Services requires that the Governing Bodyof any municipality which bas Deferred School Taxes must authorize any increase in the deferral ofany additional amounts; and

WHEREAS, the Governing Body has decid ed that an increase in Deferred School Taxesis in the best interest of the Borough at this time;

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NOW, THEREFORE BE IT RESOLVED by the Governing Body that the followingDeferred School Taxes by hereby increased for the year ended December 31, 2001 as follows:

Deferred LocalSchool Taxes

Amount Deferred 12/31 /00Amount Deferred 12/31101

$3,115,550.00$3,180,860.00

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

On a motion by Plawker, seconded by Drimones, Resolution' 02-35 was offered for adoption:

ROLLCALL:AYES:ABSENT:

Plawker, Murphy, Drimones, Kasoff, ParisiManolio

RESOLUTION 2002-35,

RE: TRAN SFER OF FUNDS BETWEEN 2001 BUDGET APPROPRIATIONS

BE IT RESOLVED by the Mayor and Council of the Borough of Englewood Cliffs that thefollowing transfers between the 2001 Budget appropriations be made:

FROM: ASSESSMENT OF TAXES SIW $ 138.00TO: COLLECTOR OF TAXES OlE $ 138.00

FROM: LOSAP $2,706.00TO: BD. OF ADJUSTMENT OlE $2,706.00

FROM: LOSAP $3,625.00TO: FIRST AID OlE $3,625.00

FROM: STREETS & ROADS SIW $4,000.00TO: PUBLIC Bun,DINGS $4,000.00

FROM: STREETS & ROADS $ 91.00TO: UTILITIES - WATER $ 91.00

TOTAL TRANSFERRED $10.560.00

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On a motion by Parisi, seconded by Plawker, R esolution 02-36 was offered for adoption:

ROLLCALL:AYES:ABSENT:

Plawker, Murphy, Drimones, Kasoff ParisiManolio

RESOLUTION 02-36

TITLE: ESTIMATE #1, SEWER REHABILITATION SYLVAN AVENUE

WHEREAS, Bosw ell McClave Engineering has recommended that EstimateCertificate #1 in the amount of $48,848.50 be paid; and

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of theBorough ofEnglewood Cliffs, does hereby approve the payment of $48,848.50to M. Ingannamorte & Son for work completed on the Sewer Rehabilitation at Sylvan Avenue, Stage4B.

On a motion by Plawker, seconde d by Drimones, res olut ion 02-37 was offered for adoption.

ROLL CALL:AYES :ABSENT:

Plawker, Murphy, Drimones, Kasoff, Pari siManolio

RESOLUTION 02-37

TITLE: ESTIMATE #5ANDFINAL PAYMENT

WHEREAS, Boswell McClave Engineering has recommended that Estimate

Certificate #5 and the Final Paym ent in the amount of$14,399.54 be paid; and

WHEREAS, a two year maintenance bond in the amount of 48,792.30 , has been

placed on file in the office of the Municipal Clerk;

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

Borough of Englewood Cliffs, does hereby approve the final/payment of $14,399.54

to John Garcia Construc tion Co. for work completed on the Sewer Rehabilitation of

Various Streets.

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2002-000068-REV1

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ORDINANCES: SECOND HEARING AND ADOPTION

COUNCILWOMAN DRIMONE S CALLED UP FOR SECOND READING AN ORDINANCEENTITLED:

ORDINANCE 2002-01

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

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

Councilwoman Drimones moved the ordinance be adopted on second reading and final passage,which motion was seconded by Councilman Plawker and adopted upon a call of the roll .

ROLLCALL:AYES :ABSENT :

Plawker, Murphy, Drimones, Kasoff,' Pari siManolio

ORDINANCE 2002-01

AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THEBOROUGH OF ENGLEWOOD CLIFFS TO SET FORTH AN

AMENDMENT TO CHAPTER IX, BUILDING AND HOUSING,SECTION 9-6.3 TO DEFINE FAMILY

ANDAMENDING THE ZONING ORDINANCE OF THE BOROUGH OF

ENGLEWOOD CLIFFS TO SET FORTH AN AMENDMENT TOCHAPTER XXX, ZONING TO DEFINE RESIDENTIAL FAMILY DWELLINGS

CHAPTER IX:

9.6 OCCUPATION OF DWELLINGS.

9-6.3 Definition. As used in this section.

"Family" shall mean one or more persons living together as a stable and permanent livingunit, being a traditional family unit with a func tional equiva lency thereof."

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CHAPTER XXX, Section 30-2

Residential single family dwelling shall mean a separate building designated for, oroccupied by, exclusively a one-family unit. A separate entrance, a separate kitchen and a separatebathroom shall be prima facie proofthat it is the intention of the owner to create a multi-familydwell ing and the same shall be prohibited in a single family residential district.

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

BE IT FURTHER ORDAINED that all ordinances or parts of ordinances other than the. zoning ordinance of the borough which are inconsistent with the provisions of this chapter arehereby repealed to the extent of such inconsistency; and

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

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

COUNCILMAN PLAWKER CALLED UP FOR SECOND READING AN ORDINANCEENTITLED:

ORDINANCE 2002-02

TIle clerk presented affidavit ofpublication, showing that advertisement had been made according tolaw, which was ordered filed. Councilwoman Drimones moved a public bearing be held on theordinance. So ordered. Councilman Plawker moved the clerk read the ordinance by title on secondreading. So ordered. The clerk thereupon read the ordinance by title. The mayor then announcedthat all interested parties would now be given opportunity to be heard for or against the adoption ofthe ordinance.

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

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

AYE:ABSENT:

Plawker, Murphy, Drimones, Kasoff, ParisiManolio

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ORDINANCE 2002-02

BOND ORDINANCE TO PROVIDE FOR CERTAIN IMPROVEMENTS,BY AND IN THE BOROUGH OF ENGLEW OOD CL IFFS, IN THE

COUNTY OF BERGEN, STATE OF NEW JERSEY (THE "BOROUGH ");APPROPRIATING $120,750 THEREFOR AND AUTHORIZING THE ISSUANCE OF

$115,000 BONDS OR NOTES OF THE BOROUGH TO FINANCE PART OF THE COSTTHEREOF.

BE IT ORDAINED AND ENACTED BY THE BOROUGH COUNCIL OF THEBOROUGH OF ENGLEWOOD CLIFFS, IN THE COUNTY OF BERGEN, STATE OFNEW JERSEY (not less that two-thirds of all members thereof affirmatively concurring) ASFOLLO WS:

SECTION 1. The improvement or purpose described in Section 3 of this bond ordinanceis hereby authorized to be undertaken as a general improvement or purpose by the Borough ofEnglewood Cliffs, in the County of Bergen, State of New Jersey (the "Borough"). For the saidimprovement or purpose stated in Section 3, there is hereby appropriated the sum of $120,750,said sum being inclusive of all appropriations heretofore made therefor and including the sum of$5,750 as the amount of down payment for said improvement or purpose required by law andnow available therefore by virtue of provision in the capital improvement fund of a previouslyadopted budget or budgets of the Borough for down payment or for capital improvementpurposes.

SECTION 2. For the financing of said improvement or purpose described in Section 3and to meet the part of said $120,750 appropria tion not provided for by application hereunder ofsaid down payment, negotiable bonds of the Borough are hereby authorized to be issued in theprincipal amount of $115,000 pursuant to the Local Bond Law of the State of New Jersey(N.J.S.A. 40A:2-l et seq.). In anticipation of the issuance of said bonds and to temporarilyfinance said improvement or purpose, negotiable notes of the Borough in the principal amount of$115,000 are hereby authorized to be issued pursuant to and within the limitations prescribed bysaid Local Bond Law.

SECTION 3. (a) The improveme nt hereby authorized and purpose for thefinancing of which the bonds or notes are to be issued is the purchase of a 2002 ArticulatedTool Carrier to be used by the Department ofPublic Works, all as shown on and in accordancewith the plans and specifications therefor on file or to be filed in the Office of the Borough Clerkand available for public inspection and hereby approved.

(b) The estimated maximum amount of bonds or notes to be issued forsaid improvement or purpose is $115,000.

(c) The estimated cost of said purpose is $120,750, the excess thereofover the said estimated maximum amount of bonds or notes to be issued therefor being theamount of $115,000, is the down payment for said purpose in the amount of $5,750.

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SECTION 4. In the event the United States of America, the State of New Jersey, and/orthe County of Bergen make a contribution or grant in aid to the Borough for the improvement andpurpose authorized hereby and the same shall be received by the Borough prior to the issuance ofthe bonds or notes authorized in Section 2 hereof, then the amount of such bonds or notes to beissued shall be reduced by the amount so received from the United States of America, the State ofNew Jersey, and/or the County of Bergen. In the event, however, that any amount so contributedor granted by the United States of America, the State of New Jersey, and/or the County of Bergenshall be received by the Borough after the issuance of the bonds or notes authorized in Section 2hereof, then such funds shall be applied to the payment of the bonds or notes so issued and shallbe used for no other purpose. This Section 4 shall not apply, however, with respect to anycontribution or grant in aid received by the Borough as a result of using funds from this bondordinance as "matching local funds" to receive such contribution ~r grant in aid.

SECTION 5. All bond anticipation notes issued hereunder shall mature at such times asmay be determined by the Chief Financial Officer of the Borough, provided that no note shallmature later than one (I) year from its date or otherwise authorized by the Local Bond Law. Thenotes shall hear interest at such rate or rates and be in such form' as may be determined by theChief Financial Officer.

The Chief Financial Officer shall determine all matters in connection with the notesissued pursuant to this bond ordinance, and the signature of the Chief Financial Officer upon the,notes shall be conclusive evidence as to all such determinations. All notes issued hereunder maybe renewed from time to time in accordance with the provisions of the Local Bond Law. TheChief Financial Officer is hereby authorized and directed to sell part or all of the notes from timeto time at public or private sale and to deliver them to the purchaser thereof upon receipt ofpayment of the purchase price and accrued interest thereon from their dates to the date of deliverythereof. The Chief Financial Officer is hereby authorized and directed to report in writing to theBorough Council at its meeting next succeeding the date when any sale or delivery of the notespursuant to this bond ordinance is made. Such report must include the principal amount, thedescription, the interest rate, and the maturity schedule of the notes so sold, the price obtained andthe name of the purchaser.

SECTION 6, The capital budget of the Borough is hereby amended to conform with theprovisions of this bond ordinance and to the extent of any inconsistency herewith, a resolution inthe form promulgated by the Local Finance Board showing full detail of the amended capitalbudget and capital programs as approved by the Director of the Division of Local GovernmentServices, New Jersey Department of Community Affairs will be on file in the office of theBorough Clerk and will be available for public inspection.

SECTIO N 7. The following additional matters are hereby determined, declared, recitedand stated:

(a) The improvement or purpose described in Section 3 of this bondordinance is not a current expense and is an improvement which the Borough may lawfullyundertake as a general improvement, and no part of the cost thereof has been or shall be speciallyassessed on property specially benefited thereby.

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(b) The period of usefulness of said improvement or purpose within thelimitations of the Local Bond Law, according to the reasonable life thereof computed from thedate of said bonds authorized by this bond ordinance, is fifteen (15) years.

(c) The Supplemental Debt Statement required by the Local Bond Lawhas been duly made and filed in the Office of the Clerk of the Borough and a complete executedduplicate thereof has been filed in the Office of the Director of the Division of Local GovernmentServices, New Jersey Department of Community Affairs, and such statement shows that the grossdebt of the Borough as defined in the Local Bond Law is increased by $120,750, the authorizationof the bonds or notes provided for in this bond ordinance, and the said bonds or notes authorizedby this bond ordinance will be within all debt limitations prescribed by the Local Bond Law.

(d) An amount not exceeding $6,000 for items of expense listed in andpermitted under Section 20 of the Local Bond Law is included in the estimated cost indicatedherein for the improvement or purpose described in Section 3 hereof.

SECTION 8. The full faith and credit of the Borough are 'hereby pledged to the punctualpayment of the principal of and the interest on the bonds or notes authorized by this bondordinance. The bonds or notes shall be direct, unlimited obligations of the Borough, and theBorough shall be obligated to levy ad valorem taxes upon all the taxable property within theBorough for the payment of the bonds or notes and the interest thereon without limitation as torate or amount.

SECTION 9. The Borough reasonably expects to reimburse any expenditures toward thecosts of the improvement or purpose described in Section 3 of this bond ordinance and paid priorto the issuance of any bonds or notes authorized by this bond ordinance with the proceeds of suchbonds or notes. No funds from sources other than the bonds or notes authorized herein have beenor are reasonably expected to be reserved, allocated on a long-term basis, or otherwise set asideby the Borough, or any member of the same "Controlled Group" as the Borough, within themeaning of Treasury Regulation Section 1.150-1(1), pursuant to their budget or financial policieswith respect to any expenditures to be reimbursed. This Section 9 is intended to be and hereby isa declaration of the Borough's official intent to reimburse any expenditures toward the costs ofthe improvement or purpose described in Section 3 hereof to be incurred and paid prior to theissuance of bonds or notes authorized herein in accordance with Treasury Regulation Section 1.150-2, and no further action (or inaction) will be an abusive arbitrage device in accordance withTreasury Regulation Section I . 148-10 to avoid the arbitrage yield restrictions or arbitrage rebaterequirements under Sections 142 through 147 of the Internal Revenue Code of 1986, as amended(the "Code"). The proceeds of any bonds or notes authorized herein used to reimburse theBorough for any expenditures toward the costs of the improvement or purpose described inSection 3 hereof will not be used directly or indirectly (i) to "refund" an issue of governmentalobligations within the meaning of Section 148 of the Code, (ii) to create, within one year,following the reimbursement of any expenditures of bond proceeds, "replacement proceeds"within the meaning of Treasury Regulation Section I. 148-1 of the bonds, or any other bondissue, or (iii) to reimburse the Borough for any expenditure or payment that was originally paidwith the proceeds of any obligation of the Borough (other than borrowing by the borough fromone of its own funds or the funds of a member of the same "Controlled Group" within themeaning of Treasury Regulation Section 1. 150-1(1) . The bonds or notes authorized herein to

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reimburse the Borough for any expenditures toward the costs of the improvement orpurpose described in Section 3 hereof will be issued in an amount not to exceed $115,000. Thecosts to be reimbursed with the proceeds of the bonds or notes authorized herein will be "capitalexpenditures" in accordance with the meaning of Section 150 of the Code. This provision willtake effect immediately, but will be of no effect with regard to expenditures for costs paid outsidethe permitted reimbursement period set forth in Treasury Regulation Section 1.150-2(d)(2).

SECTION 10. The Borough hereby covenants to maintain the exclusion from grossincome under Section 103(a) of the Code, of the interest on all bonds or notes issued by theBorough pursuant to this bond ordinance.

SECTION 11. This bond ordinance shall take effect twenty (20) days after the firstpublication thereof after final adoption, as provided by the Local Bond Law.

On a motion by Plawker, seconded by Drimones, resolution 02-39 was offered for adoption.

ROLLCALL:AYES:ABSENT:

Plawker, Murphy, Drimones, Kasoff, ParisiManolio

RESOLUTION 02-39 .

RE : WITHDRAWAL OF ORDINANCE 2002-03

WHEREAS, it has been deemed necessary to amend Ordinance 2002-03; and

WHEREAS, the amendments will change the ordinance to the extent that it will have tobe re-introduced as amended;

NOW, THEREFORE BE IT RESOLVED that the Mayor and Council of the Boroughof Englewood Cliffs does hereby withdraw Ordinance 2002-03.

COUNCILWOMAN DRIMONES INTRODUCED AN ORDINANCE ENTITLED:

ORDINANCE 2002-04

AN ORDINANC E AMENDING ORDINANCE NO. 9909,SECTION 30-21.4 OF THE BOROUGH OF ENGLEWOOD

CLIFFS AND FURTHER AMENDING CHAPTER XXX,ZONING, SECTION 30 OF THE BOROUGH OF

ENGLEWOOD CLIFFS

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Councilwoman Drimones moved the ordinance be given its first reading. So ordered .The municipal clerk read the said ordinance by title. Councilwoman Drimones moved the ordinancebe adopted on first reading and published in the Press Journal on March 28, 2002.The public hearing to be held on April 17, 2002. Motion was seconded by Councilman Parisi.The ordinance was approved at the first reading upon the call of the roll.

AYES:ABSENT:

Plawker, Murphy, Drimones, Kasoff, ParisiManolio

PROCLAMATION: Autism Awareness Month, April 2002

AUTISM AWARENESS MONTH 2002

WHEREAS, autism is a pervasive developmental disorder affecting the social,learning and behavioral skills of those affected by it; and

WHEREAS, autism was thought to be a relatively rare disorder, affecting only one in10,000 people ; and

WHEREAS, as more and more health professionals become profi cient in diagnosingautism, more children are being diagnosed on the autistic spectrum, resulting in rates as low asone in 500 children; and

WHEREAS, whi le there is no cure for autism, it is well-documented that if an individualwith autism rece ives treatmen t early in their lives, it is often possible for that individual to makesignificant improvement; and

WHEREAS, the New Jersey center for Outreach and Services for the Auti smCommunity (COSAC) is spearheading an awareness effort in order to educa te parents,professional and the general public about autism and its effect s;

NOW, THEREFORE BE IT RESOLVED that I, Mayor Joseph C. Parisi do herebyproclaim April 2002 as AUTISM AWARENESS MONTH in the BOROUGH OFENGLEWOOD CLIFFS, and urge all residents to become better educated on the subject ofautistic spect rum disorders.

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2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-73MARCH 20, 2002

COMMITTEE REPORTS:

COUNCILMAN KASOFF:

No Report

COUNCILMAN PARISI:

Fire, Transportation, Beautification, Clean Communities

Sanitation, Lighting, Planning Board

The Planning Board did not meet this month.The Chamber ofCommerce is planning this years golfouting.The Witte Field looks in good condition and will be ready for baseball .

COUNCILMAN PLAWKER:

No report

COUNCILMAN MURPHY:

Finance, Historical, Board ofEducation

Police, Legal

Pti. Colon and Ptl. Hill had each served the Borough for 7 years.Mr. Mirchandani, 10 Laurie Drive, donated a defribulator to the ECPD. Many thanks .Mayor Parisi also thanked the Police Department for their assistance when his cousin passedaway.Councilman Murphy regretfully announced that a police officer on the Bogota force hadsuddenly passed away.

COUNCILWOMAN DRIMONES: Recreation

Little League and Softball registration has been completed. 45 girls and 110boys havesigned up.At present the recreation department is working on the summer program and a yogaprogram.

REPORT OF BOROUGH ATTORNEY:

No report

REPORT OF BOROUGH ENGINEER:

There are three more repairs to be made to the sanitary sewers on Hudson Terrace andone more on US Route 9W.

REPORT OF SUPERINTENDENT OF PUBLIC WORKS:

The Bayview Park should be ready by May I, 2002.Working on a broken sewer line on Floyd Street.

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2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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CHIEF OF POLICE:

Chief Whiting announced that the Witte Baseball Clinic will start on April 20.

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

Two residents questioned their new assessments. Mr. Cattanach explained how theywere arrived at.

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

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

ATTEST :

JOSEPH FAVARO, MUNICIPAL CLERK

APPROVED:

JOSEPH C. PARISI, MAYOR

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2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-75

BOROUGH OF ENGLEWOOD CLIFFSBERGEN COUNTY, NEW JERSEY

MINUTES OF THE CAUCUS MEETING OF APRIL 17, 2002

CALL TO ORDER AT 6:30 P.M.

PRESENT AT ROLL CALL:

MayorCouncil PresidentCouncilmanCouncilmanCouncilman

ABSENT AT ROLL CALL:

CouncilmanCouncilwoman

ALSO PRESENT:

Borough AttorneyChiefofPo liceSupt. of Public Works

MAYOR PARISI STATED:

Joseph C. ParisiJohn MurphyThomas ManolioJerry KasoffJoseph Parisi, Jr.

Dan Plawker [Arrived at 7:30 p.m.]Patricia Drimones

;

E. Carter Corriston, Esq.Lawrence WhitingRodney Bialko

Adequate notice of this meeting was given to the press and posted as required. Date and time of thismeeting was legally given as required by the "Open Public Meetings Act."This notice is on file with the Municipal Clerk and posted on the bulletin board.Minutes of this meeting will be made available to the public upon the completion of typing andproofreading by the Municipal Clerk.

VOUCHERS WERE SIGNED BY THE FINAN CE COMMITTEE.

MINUTES OF THE : Special Meeting ofMarch 7, 2002; Caucus Meeting of March 20,2002; andRegular Meeting ofMarch 20, 2002 were placed on the Regular Agenda for approval.

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2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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THE FOLLOWING REPORTS WERE PLACED ON THE REGULAR - CONSENTAGENDA FOR APPROVAL.

Police Report of March, 2002Court report of March, 2002Construction Code Official's Report of March, 2002Collector/Treasurer's Report of February, 2002Fire Department' s Ist Quarter Report

ACTION TAKEN ON THE FOLLOWING COMMUNICATIONS:

Municipal Engineer Estimate #I, Hudson Terrace Sani~ary Sewer

Resolution 02-42 , authorizing payment to M. lngannarnorte & Son, for work completed onthe sanitary sewers on Hudson Terrace, was placed on the regular agenda for approval.

THE FOLLOWING RESOLUTIONS WERE PLACED ON .THE REGULAR AGENDAFOR APPROVAL:

02-42 Estimate #1, Hudson Terrace Sanitary Sewer02-43 Authorize Fire Department to obtain specifications and cost for a

new fire truck. '

THE FOLLOWING ORDINANCES WERE PLACED ON THE REGULAR AGENDA FORINTRODUCTION:

2002-052002-062002-072002-08

Returned Checks2002 Salary OrdinanceRestricted Parking, Various StreetsRegulate Use ofAthletic Facilities and the Dog Run

THE FOLLOWING ORDINANCE WAS PLACED ON THE REGULAR AGENDA FORSECOND READING! PUBLIC HEARING.

2002-04 Amend Zoning Code, Chapter XXX

PROCLAMATION: Arbor DayArmenian Martyr's Day

REPORT OF SUPERINTENDENT OF PUBLIC WORKS:

Mr. Bialko reported that repairs to the sanitary sewers on Hudson Terrace and U.S.Route 9W have been completed.

CHIEF WHITING: Chief Whiting demonstrated a night vision scope that he received from agrant he obtained.

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ADJOURN: On a motion by Manolio, seconded by Kasoff, the meeting was adjourned at7:45 p.m, Carried.

ATTEST: APPROVED:

JOSEPH FAVARO, MUNICIPAL CLERK JOSEPH C. PARISI, MAYOR

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02-78

BOROUGH OF ENGLEWOOD CLIFFSBERGEN COUNTY, NEW JERSEY

MINUTES OF THE REGULAR MEETING OF APRIL 17, 2002

CALL TO ORDER AT 8:00 P.M.

PRESENT AT ROLL CALL:

MayorCouncil PresidentCouncilmanCouncilmanCouncilmanCouncilman

ABSENT AT ROLL CALL:

Councilwoman

ALSO PRESENT:

MunicipaJl\ttorneyChief ofPoliceSuperintendent DPW

Joseph C. ParisiJohn Murphynan Plawker1110mas ManoJioJerry KasoffJoseph Parisi', Jr.

Patricia Drimones

E. Carter Corriston , Esq.Lawrence WhitingRodney Bialko

FLAG SALUTE LEAD BY: Council President John Murphy

MI\YOR PARISI STATED:

I\DEQUI\TE NOTICE OF rms MEETING WI\S GIVEN TO THE PRESS I\ND POSTED I\ SREQUIRED . DI\TE I\ND TIME OF rms MEETING WI\S LEGALLY GIVEN I\ S REQUIREDBY THE "OPEN PUBLIC MEETINGS I\CT ."rats NOTICE IS ON FILE WITII THE MUNICIPAL CLERK I\ND POSTED ON THEBULLETIN BOI\RD.MINUTES OF rms MEETING WILL BE Ml\DE 1\VI\ILI\BLE TO THE PUBLIC UPON THECOMPLETION OF TYPING I\ND PROOFREI\DING BY THE MUNICIPAL CLERK.

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

Special Meeting of March 7, 2002Caucus Meeting of March 20, 2002Regular Meeting of March 20, 2002

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

Police Report of March, 2002Court Report of March, 2002Construction Code Officials Report of March, 2002Collector Treasurer's Report of February, 2002Fire Department ISI Quarter Report

CLAIMS:

On a motion by Plawker, seconded by Manolio, the Claims for the month of April, 2002 wereordered paid.

Ayes:Absent:

Plawker, Murphy, Manolio, Kasoff, ParisiDrimones

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2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-80APRIL 17,2002

RESOLUTIONS:

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

On a motion by Manolio, seconded by Plawker, Resolution 02-42 was offered for adoption:

ROLL CALL:AYES:ABSENT:

Plawker, Murphy, Manolio, , Kasoff, ParisiDrimones

RESOLUTION 02-42

TITLE: ESTIMATE #1, HUDSON TERRACE SANITARY SEWER

WHEREA S, Boswell McClave Engineering has recommended that EstimateCertificate #1 in the amount of$79,031.61 be paid; and

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Councilof the Borough of Englewood Cliffs, does hereby approve the Rayment of$79,031.61 toM. Ingannamorte & Son, for work completed on the Hudson Terrace SewerRehabilitation, Stage 4.

On a motion by Manolio, seconded by Parisi, Resolution 02-43 was offered for adoption:

ROLL CALL:AYES:ABSENT:

Plawker, Murphy, Manolio, Kasoff, ParisiDrimones

RESOLUTION 02-43

RE: AUTHORIZE SPECIFICATIONS AND COSTS OF NEW FIRE TRUCK

WHEREAS, the Borough of Englewood Cliffs is desirous of investigating specificationsand costs for the acquisition of a new fire truck; and

WHEREAS, it is in the best interest of the Borough to designate such investigation to theEnglewood Cliffs Fire Department;

NOW, THEREFORE, BE IT RESOLVED, that the Borough of Englewood Cliffshereby authorizes the Englewood Cliffs Volunteer Fire Department to investigate thespecifications and costs for the acquisition of a new fire truck and to report back to the Governingbody within 120 days.

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02-81APRIL 17, 2002

ORDINANCES: FOR INTRODUCTION

COUNCILMAN PARISI INTRODUCED AN ORDINANCE ENTITLED:

ORDINANCE 2002-05

AN ORDINANCE SETTING A SERVICE CHARGE FOR CHECKSRETURNED FOR INSUFFICffiNT FUNDS IN THE BOROUGHOF ENGLEWOOD CLIFFS, COUNTY OF BERGEN, STATE OF

NEW JERSEY

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 ordinancebe adopted on first reading and published in the Press Journal on April 25, 2002.The public bearing to be beld on May IS, 2002. Motion was se~onded by Councilman Plawker.

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

ROLL CALL:AYES:ABSENT:

Plawker, Murphy, Manolio, Kasoff, ParisiDrimones

COUNCILMAN PLAWKER INTRODUCED AN ORDINANCE ENTITLED:

ORDINANCE 2002-06

AN ORDINANCE FIXING SALARmS, WAGES ANDCOMPENSATION FOR ALL SALARmD, APPOINTED

M 'D ELECTED OFFICERS WITHIN THE BOROUGH OFENGLEWOOD CLIFFS, COUNTY OF BERGEN, AND

STATE OF NEW JERSEY

Coun cilman Plawker moved tbe ordinance be given its first reading. So ordered.The municipal clerk read the said ordinance by title. Councilman Plawker moved the ordinancebe adopted on first reading and pub lished in the Press Journal on April 25, 2002.The public hearing to be held on May IS, 2002. Motion was seconded by Councilm an Manolio.

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

AYES:ABSENT:

Plawker, Murphy, Manolio, Kasoff, ParisiDrimones

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COUNCILMAN MANOLIO INTRODUCED AN ORDINANCE ENTITI.ED:

ORDINANCE 2002-07

AN ORDINANCE AMENDING CHAPTER ill,SECTlON 3-12.7 STREETS DESIGNATED FORRESTRICTED PARKlNG OF THE BOROUGH

OF ENGLEWOOD CLIFFS, COUNTY OFBERGEN, STATE OF NEW JERSEY

Councilman Manolio moved the ordinance be given its first reading . So ordered .The Munic ipal Clerk read the said ordinance by title. Councilman Manolio moved the ordinanceBe adopted on first reading and published in the Press Journal on April 25, 2002 .TIle public hearing to be held on May 15, 2002 . Motion was seconded by Councilman Plawker.

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

ROLL CALL:AYE S:ABSENT:

Plawker, Murphy, Manolio, Kasoff, ParisiDrimones

COUNCILMAN PARISI INTRODUCED AN ORDINANCE ENTITI.ED:

ORDINANCE 2002-08

AN ORDINANCE AMENDING CHAPTER ill,SECTlON 3-5.1 OF THE BOROUGH

OF ENGLEWOOD CLIFFS , COUNTYOF BERGEN, STATE OF NEW JERSEY

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 ordinancebe adopted on first reading and published in the press journal on April 25, 2002.The public hearing to be held on May 15, 2002 . Motion was seconded by Councilman Manolio.

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

AYES:ABSENT:

Murphy, Plawker, Manolio, Kasoff, ParisiDrimones

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02-83APRIL 17, 2002

ORDINANCES: SECOND HEARING AND ADOPTION

COUNCILMAN PARISI CALLED UP FOR SECOND READING AN ORDINANCE ENTITLED

ORDINANCE 2002-04

AN ORDINANCE AMENDING ORDINANCE NO. 9909,SECTIO N 30-21.4 OF THE BOROUGH OF ENGLEWOOD

CLIFFS AND FURTHER AMENDING CHAPTER xxx,ZONING, SECTION 30 OF THE BOROUGH OF

ENGLEWOOD CLIFFS

The clerk presented affidavit ofpublication, showing that advertisement had been made according tolaw, which was ordered filed. Councilman Parisi moved a public hearing be held on the ordinance.So ordered. Councilman Parisi moved the clerk read the ordinance by title on second reading. Soordered. The clerk thereupon read the ordinanc e by title. The mayor then announced that allinterested parties would now be given opportunity to be heard for. or against the adoption of theordinance.

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

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

ROLL CALL:AYES :ABSENT :

Plawker, Murphy, Manolio, Kasoff, ParisiDrimones

ORDINANCE 2002-04

AN ORDINANCE AMENDING ORDINANCE NO. 9909 , SECTION 30-21.4OF THE BOROUGH OF ENGLEWOOD CLIFFS AND

FURTHER AMENDING CHAPTER XXX, ZONING SECTION 30OF THE BOROUGH OF ENGLEWOOD CLIFFS.

WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs, in view of itsconcem to regulate land use within the Borough in order to guide the appropriate use of developmentofland in the Borough in a manner which will promote the public health, safety and general welfareand to promote a desirable visual environment through creative development techniques and goodcivic design and arrangement, propo ses by this Ordinance to so regulate the placemeut, constructionand modification of said antennae and towers and to provide an additional zone area where in similartower structures, equipment cabinets and buildings may be located.

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NOW, THEREFORE BE IT ORDAINED that Ordinance No. 9909, Section 30-21.4and Chapter XXX, Zoning, Section 30, is hereby amended to set forth the following:

I. Section 30-21.4, is amended to read as follows:

a. General wireless communication towers, antennas and related equipmentshall be located in the following areas:

I) Antennas located on tower antennas for the reception and/ortransmission of signals, located on towers, the tower structuresand equipment cabinets and buildings shall only be permitteduses on tax lots 4 and 5 in block 513 and lot 3 in block 412 andwithin the I Institutional zone (B19ck 1302, Lot 5) of the boroughof Englewood Cliffs.

n. Section 30-21.4b. Prohibited Locations is amended to read as follows:

b. Prohibited Locations. No antennas for the reception and/or transmissionof signals, tower structures and equipment cabinets may be locatedwithin any site other than portions of lots 4 and 5 in block 513 asdescribed in subsection 30-21.4(a), 2 and 3 herein, lot 3 in block 412 andwithin the I Institutional zone, lot 5 in block 1302, of the Borough of

oEnglewood Cliffs.

m. Section 30-21.6. Dimensional Bulk Requirements is required to read as follows:

a. Height. The maximum height of any tower erected with the P-I zoneand the I Institutional zone shall be one hundred and thirty (130) feet.

b(l). Setbacks. The minimum setback of the tower from any property linewithin the P-I zone shall be equal to or greater than ten (10) feet from a propertyline and shall be equal to or greater than twenty five (25) feet from a street right­of-way line.

b(2). setbacks. The minimum setback of the tower from any property linewithin the I Institutional zone shall be equal to thirty (30) feet plus the height ofthe tower.

c(I). Maximum lot coverage within the P-I zone. The maximum lot coverageof any wireless communication tower and equipment cabinets and/or structureswithin the P-I zone shall be limited to ten (10) percent of the lot area.

c(2). Maximum lot coverage within the I Institutional zone. The maximum lotcoverage of any wireless communication tower and equipment cabinets and/orstructures within the I Institutional zone shall be limited to eight (8) percent ofthe lot area.

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02-85APRIL 17,2002

N. Section 30-21.6(h). Minimum lot area and lot width for wireless communicationtowers in the r Institutional zone is added to the ordinance as follows:

30-21. 6(h) Minimum lot area and lot width for wireless communicationtowers in the r Institutional zone shall be a minimum of 26 ,000 squarefeet for the minimum lot area and a minimum lot width of two hundred(200) feet.

V. Section 30-21 .9. This section of the ordinance is amended to read as follows:

Section 30-21.9 Zoning. Lands zoned r Institut ional shall be ame nded topermi t wireless communication towers and antenna.

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

BE IT FURTHER ORDAINED tbat all ordinances or parts of ordinances other tban thezoning ordinance of the borough which are inconsistent with the provisions of this chapter arehereby repealed to the extent of such inconsistency; and

BE IT FURTHER ORDAINED should any part of-provision of this Ordinance be heldunconstitution al or invalid, such decision shall not affect the validity of this Ordinance as a wholeor any part thereof, other than the part held so unconstitu tional or invalid.

This ordinance shall take effect upon fmal adoption and publication accordin g to law.

On a motion by Parisi, seconded by Plawker, resolution 02-40 was offered for adoption.

ROLL CALL:AYES:ABSENT:

Plawker, Murphy, Manolio, Kasoff, Pari siDrim ones

RESOLUTION 02-40

A RESOLUTION PROVIDING FOR AN INCONSISTENCYSTATEMENT IN REGARD TO AMENDMENT TO ZONING

ORDINANCE NO. 9909, SECTION 30-21.4 ANDCHAPTER XXX, ZONING, SECTION 30

WHEREAS, The Mayor and Council is desirous of amendin g the aforesaid Ordinance;

NOW, THEREFORE, BE IT RESOLYED as per the following statement:

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Zoning Ordinance:

The Zoning Ordinance adopted these four recommendations establisbed in the MasterPlan adopted in 2001 and expanded them to include an additional 5 purposes under Section 30­21.1 which reads as follows:

30-21.1 Purposes and Goals.

The purpose of this section is to establish general guidelines for the siting of wirelesscommunication towers and antennas. The goals of this section are to:

(I ) protect residential areas and land uses from potential adverse impacts oftowers and antennas;

(2) encourage the location of towers in nonresidential areas;

(3) minimize the total number of towers throughout the community;

(4) strongly encourage the joint use of new and existing tower sites as primaryoption rather than construction of additional single-use towers;

,(5) encourage users to towers and antennas to locate them, to the extent possible,

in areas where the adverse impact on the community is minimal;

(6) encourage users of towers and antennas to configure them in a way thatminimizes the adverse visual impact of the towers and antennas throughcareful design, siting, landscape screening and innovative camouflagingtechniques;

(7) enhance the ability of the providers of telecommunications services toprovide such services to the community quickly, effectively and efficiently;

(8) consider the public health and safety with communications towers; and

(9) avoid potential damage to adjacent properties from tower failure throughengineering and careful siting of tower structures. In furtherance of thesegoals, the Borough of Englewood Cliffs Master Plan, Zoning Map, existingland uses, and environmentally sensitive areas in approving sites for thelocations of towers and antennas.

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02-87APRIL 17,2002

Proposed Zoning Ordinance changes

Ordinance 2002-04 proposes to permi t wireless telecommunication towers andantenna within the I Institutional zone district.

The Englewood Cliffs Master Plan adopted in 200 I only recommended thatwireless communication towers and antenna be developed on the borough hall site (the P­I) public zone. Since that time, a co-location tower has been constructed on the BoroughHall site. Three telecommunication companies are or will utilize this facility.

The governing hody in consideration of these facts and circumstances is desirousof providing an addit ional site or sites in order to permit additional telecommunicationfacili ties within the I-Institution zone.

Inconsistency Statement

Since the 2002 Master Plan did not identify the I-Institution zone as an area fortelecommunication towers and antenna and since the I zone would meet the objectives ofsection 30-21.1 of the Englewood Cliffs Zoning Ordinance the governing body has filedthis inconsistency statement under the rules and regulations of the Muni cipal Land UseLaw.

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2002-000090-REV1

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02-88APRIL 17, 2002

PROCLAMATION

ARBOR DAY 2002

WHE REAS, In 1872 J , Sterling Morton proposed to the Nebraska Board of Agriculturethat a special day he set aside for the planting of trees; and

WHEREAS, this boliday, called Arbor Day, was first observed with the planting of morethan a million trees in Nebraska; and

WHEREAS, 2002 is the 130th anniversary of the holidayand Arbor Day is now observedthroughout the nation and the world; and

WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cutheating and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen,and provide habitat for wild life; and

WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuelfor our fires, and beautify our community; and .'

WHEREAS, trees wherever they are planted, are a source of joy and spiritual renewal.

NOW, THEREFORE , I Joseph C. Parisi, Mayor of the Borough of Englewood Cliffs,do hereby proclaim May 10, 2002 as the 130"' anniversary celebration of

ARBOR DAY

in the Borough of Englewood Cliffs, and I urge all citizens to celebrate Arbor Day and to supportefforts to protect our trees and woodlands; and

FURTHER, I urge all citizens to plant trees to gladden the heart and promote the well­being of this and future generations,

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2002-000091-REV1

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02-89APRll. 17, 2002

PROCLAMATION

WHEREAS, April 24"' is a tradit ional day to remember the Armenians who, in1915, were massacred and deported from their homeland by the Turki sh government whilefighting for the rights of freedom of religion and freedom of conscience held sacred by allfreedom-loving people; and

WHEREAS, this day serves as an important reminder of man's inhumanity to man andprompts us to renew our vigilance against tyranny and promote the principles of human dignityand human rights worldwide; and

WHEREA S, the Armenian people have a proud heritage and continue to makevaluable contributions to the cultural, economic social and political development of NewJersey and the United States; and .

WHEREAS, it is appropriate that we join with' the Armeni an community in NewJersey commemorating the memory of the victinas and surv ivors, in hopes that we, as acommunity and as individual citizens , will strive to overcome prej udice, hatred andindifference through learning, tolerance and remembrance;

NOW, I, Joseph C. Parisi, Mayor of the Borough of Englewood Cliffs, do herebyprocla ina I

APRll. 24, 2002and every

APRll. 24T H TO FOLLOW

as

ARMENlAN MARTYRS' DAY

In the Borough of Englewood Cliffs

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2002-000092-REV1

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02-90APRIL 17, 2002

COMMITIE E REPORTS:

COUNCILMAN KASOFF: Fire, Transportation, Beautification, Clean Communities

Councilman Kasoff reported that all members of the Volunteer Fire Department whoresponded on 9-11 received a Certificate of Commendation from Congressman Rothman.

COUNCILMAN PARISI: Sanitation, Lighting, Planning Board

Councilman Parisi reported that the Planning Board approved a minor sub-division.The Chamber of Commerce was mee ting at the Assembly Restaurant on Apri l 18.The Witte Clinic begins on April 20 at 9:30 a.m.Little League begins on April 29.Councilman Parisi is obtaining inform ation about the National Junior GolfProgram.

COUNCILMAN PLAWKER : Finance, Historical, Board ofEducation

The Board of Education Bud get pass ed by an overwhelming vote.

COUNCILMAN MURPHY: Polic e, Legal

Patrolman Morrisey has now been on the Police force for 12 years.Chief Whiting obtained a new Night Vision Kit with a grant he received.The Turco, Saperstein, Jounakas, and Wunsch families, who had deaths in their families,sent letters of thanks to the Englewood Cliffs Police Dept. for their assistance.Chief Tessaro ofFort Lee commended Lt. Murra y for his assistance in an arrest in Fort LeeChiefWhiting issued a warning to all Real Estate Agencies in Englewood Cliffs about aman who is preying on woman real estate agents .

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

The Board ofAdjustment did not meet last month. There was no quorum present.

REPORT OF BOROUGH ATTORNEY:

Mr. Corriston reported that the Board of Adjustme nt Attorney will appear in Court onMay 2, 2002 in reference to the Nextel Variance.The trial date for the JAMAC litigation will by on June 13, 2002The first payment from AIT & T has been received as well as another $4,000. which isto be used for the transfer of Borough Communications equipment to the tower.

REPORT OF SUPERINTENDENT OF PUBLIC WORKS:

Mr. Bialko reported that the Game Time equipment for the Irving Avenue Playground hasarrived. The Certified Installer has given May 15 as the completion date.

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02-91APRIL 17, 2002

PUBLIC PORTION: On a motion by Plawker, seconded by Parisi8, the meeting was opened to thepublic. Carried.

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

On a motion by Manolio, seconded by Kasoff, the meeting was adjourned at 8:30 p.m.

ATTEST:

JOSEPH FAV ARO, MUNICIPAL CLERK

APPROVED :

JOSEPH C. PARISI, MAYOR

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2002-000094-REV1

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02-92BOROUGH OF ENGLEWOOD CLIFFS

NEW JERSEY

MINUTES OF THE SPECIAL MEETING OF THE MAYOR AND COUNCIL

DATE: MAY 7, 2002

PURPOSE: CONDUCT POLICE INTERVIEWS

CALL TO ORDER AT : 7:00 P.M.

PRESENT AT ROLL CALL:

MAYORCOUNCIL PRESIDENTCOUNCILMANCOUNCILMANCOUNCILWOMANCOUNCILMANCOUNCILMAN

ALSO PRESENT:

CHIEF OF POLICE

JOSEPH C. PARISIJOHN MURPHY.ILANPLAWKERmOMAS~OLIO

PATRICIA DRIMONESJERRY KASOFFJOSEPH PARISI,JR.

,LAWRENCE WHITING

OPEN PUBLIC MEETINGS ACT STATEMENT:

"ADEQUATE NOTICE OF THIS SPECIAL MEETING WAS GIVEN TO THE RECORD ANDPRESS JOURNAL AND POSTED AS REQUIRED .DATE AND TIME OF THIS SPECIAL MEETING WAS LEGALLY GIVEN AS REQUIRED BYTHE "OPEN PUBLIC MEETINGS ACT."THIS NOTICE IS ON FILE WITII THE BOROUGH CLERK AND POSTED ON THEBULLETIN BOARD.

On a motion by Drimones, seconded by Plawker, resolution 02-46 was offered for adoption:

ROLL CALL:AYES: Plawker, Murphy, Manolio, Drimones, Kasoff, Parisi

RESOLUTION 02-46

RE: CLOSED SESSION

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

WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs has deemed itnecessary to go into closed session to discuss certain matters which are exempted from the public,

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02-93MAY 7, 2002

NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Borough ofEnglewood Cliffs will go into closed sess ion for the following reason as outlined in NJ.S.A. 10:4­12:

8. Any matter involving the employment, appointment, termination of emp loyment, terms andcond itions of employment, evaluation of the performance of, promotion or disciplining of anyspecific prospective public officer or employee unless the individual whose rights could beadversely affected request in writing that such matter or matters be discussed at a public meeting.

Closed Session began at 7:10 p.m.

The follow ing candidates were interviewed by the Mayor and Council:

James TracyKenneth OsborneMichael BoccherJoseph CriscuoloRich ard HernandezPaul RambalaKwane StubbsEvan Swirsky

On a motion by Plawker, seconded by Drimones, the Council voted to return to open session at 9:40p.m.

On a motion by Manolio, seconded by Kas off, the meeting was adjourned at 9:41 p .m.

ATTEST:

Joseph Favaro, Muni cipal Clerk

APPROVED:

Joseph C. Parisi, Mayor

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02-94

BOROUGH OF ENGLEWOOD CLIFFSBERGEN COUNTY, NEW JERSEY

MINUTES OF THE CAUCUS MEETING OF MAY 15, 2002

CALL TO ORDER AT 7:30 P.M.

PRESENT AT ROLL CALL:

MayorCouncilmanCouncilmanCouncilwomanCouncilmanCouncilman

ABSENT AT ROLL CALL:

Council President

ALSO PRESENT:

Borough AttorneyBorough EngineerChief ofPoliceSupt. of Public WorksMunicipal Auditor

MAYOR PARISI STATED:

Joseph C. Parisillan PlawkerThomas ManolioPatricia Drimo nesJerry KasoffJoseph Parisi, Jr.

John Murphy

E. Carter Corriston, Esq.Andrew HipolitLawrence Whit ingRodney BialkoSteven Weilkotz

Adequate notice of this meeting was given to the press and posted as required. Date and time of thismeeting was legally given as required by the "Open Public Meetings Act."This notice is on file with the Municipal Clerk and posted on the bulletin board.Minutes of this meeting will be made available to tbe public upon the completion of typing andproofreading by the Municipal Clerk.

On a motion by Manolio, seconded by Plawker, resolution 02-48 was offered for adoption.

ROLL CALL:AYE S:ABSENT:

Plawker, Manolio, Drimones, Kasoff, Pari siMurphy

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2002-000098-REV1

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02-95MAY 15,2002

RESOLUTION 02-48

RE: CLOSED SESSION

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

WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs has deemed itnecessary to go into closed session to discuss certain matters which are exempted from the puhlic,

NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Borough ofEnglewood Cliffs will go into closed session for the following reason as outlined in NJ.S.A. 10:4­12:

Any matter involving termination of employment

DPW Worker Marino Pollastroni

Closed session began at 7:35 p.m. and open session reconvened at 8:00 p.m.

VOUCHERS WERE SIGNED BY THE FINANCE COMMITTEE.

MINUTES OF THE: Caucus Meeting of April 17, 2002 and Regular Meeting of April 17, 2002were placed on the Regular Agenda for approval.

THE FOLLOWING REPORTS WERE PLACED ON THE REGULAR AGENDA FORAPPROVAL.

Police Report of April, 2002Court report of April, 2002Construction Code Official's Report of April, 2002Collector!Treasurer's Report of March, 2002

THE FOLLOWING RESOLUTIONS WERE PLACED ON THE REGULAR AGENDAFOR APPROVAL:

02-45 Authorize Mayor to sign agreement with Sprint Spectrum02-50 Termination of DPW worker, Marino Pollastroni

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2002-000099-REV1

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02-96MAY 15, 2002

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

2002-052002-062002-072002-08

APPOINTMENTS :

NEW BUSINESS:

Returned Checks2002 Salary OrdinanceRestricted Parking on Various StreetsDog Run

the Appoint George Reggo as Tax Assessor to complete termofPeter Turco. Appointment by resolution 02-44.

Memorial Day Services will be on Monday, May 27, 2002 at 9 a.m.

ADJOURN: On a motion by Kasoff, seconded by Drimones, the meeting was adjournedAt 8:00 p.m.

ATTEST : APPROVED:

JOSEPH FAVARO, MUNIClPAL CLERK JOSEPH C. PARISI, MAYOR

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2002-000100-REV1

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02-97

BOROUGH OF ENGLEWOOD CLIFFSBERGEN COUNTY, NEW JERSEY

MINUTES OF THE REGULAR MEETING OF MAY 15, 2002

CALL TO ORDER AT 8:00 P.M.

PRESENT AT ROLL CALL:

MayorCouncilmanCouncilmanCouncilwomanCouncilmanCouncilman

ABSENT AT ROLL CALL:

Council President

ALSO PRESENT:

Municipal AttorneyMunicipal EngineerChiefofPoliceSuperintendent DPWMunicipal Auditor

Joseph C. Parisinan PlawkerThomas ManolioPatricia DrimonesJerry KasoffJoseph Parisi, Jr.

John Murphy

;

E. Carter Corriston , Esq.Andrew HipolitLawrence WhitingRodney BialkoSteven Weilkotz

FLAG SALUTE LEAD BY COUNCILMAN ILAN PLAWKER

MAYOR PARISI STATED:

ADEQUATE NOTICE OF THIS MEETING WAS GIVEN TO THE PRESS AND POSTED ASREQUIRED. DATE AND TIME OF THIS MEETING WAS LEGALLY GIVEN AS REQUIREDBY THE "OPEN PUBLIC MEETINGS ACT ."THIS NOTICE IS ON FILE WITH THE MUNICIPAL CLERK AND POSTED ON THEBULLETIN BOARD.MINUTES OF THIS MEETING WILL BE MADE AVAILABLE TO THE PUBLIC UPON THECOMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.

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2002-000101-REV1

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02-98MAY 15, 2002

Mayor Parisi opened the hearing on the 2002 Municipal Budget , to the public.

No one in attendance spoke on the budget.

On a motion by Plawker, seconded by Manolio, resolution 02-47 was offered for adoption:

ROLLCALL:AYES:ABSENT:.

Plawker, Manolio, Drimones, Kasoff, ParisiMurphy

RESOLUTION 02-47

Be it resolved by the Mayor and Council of the Borough of Englewood Cliffs of the County ofBergen that the budget hereinbefore set forth is hereby adopted and shall constitute an appropriationfor the purposes stated in the sums therein set forth as appropriations, and authorization of theamount of: .

(a) $6.618.804.00 For municipal purposes.

MiNUTES OF THE FOLLOWING MEETiNGS WERE ACCEPTED AS PRESENTED ONA M OTION BY MANOLlO, SECONDED BY PLAWKER, AND CARRiED.

Caucus Meeting of April 17, 2002Regular Meeting of April 17, 2002

THE FOLLOWIN G REPORTS WERE ORDERED FiLED ON A MOTION BY PARiSi,SECONDED BY KASOFF, AND CARRiED.

Police Report of April, 2002Court Report of April, 2002Construction Code Officials Report of April, 2002Collector Treasurer's Report of March, 2002

CLAiMS:

On a motion by Plawker, seconded by Manolio, the Claims for the month of May, 2002 were orderedpaid.

Ayes:Absent:

Plawker, Manolio, Drimones, Kasoff, ParisiMurphy

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02-99MAY 15,2002

RESOLUTIONS:

MAYOR PARlSI STATED:"IF ANYONE WISHES TO COMMENT ON ANY RESOLUTION TO BE ACTED ON TI-IISEVENING, THEY MAY DO SO AT TI-IIS TIME."

On a motion by Parisi, seconded by Kasoff, Resolution 02-45 was offered for adoption:

ROLL CALL:AYES:ABSENT:

Plawker, Manolio, Drimones, Kasoff, ParisiMurphy

RESOLUTION 02-45

TITLE: AUTHORIZE MAYOR AND MUNICIPAL CLERK TO SIGNAGREEMENT WITH SPRINT SPECTRUM L.P.

BE IT RESOLVED, that the Borough Council of the Borough of Englewood Cliffs doeshereby authorize the Mayor to sign an Agreement between the Borough of Englewood Cliffs andSprint Spectrum L.P. .'

On a motion by Parisi, seconded by Plawker, Resolution 02-50 was offered for adoption:

ROLLCALL:AYES: Plawker, Murphy, Manolio, Drimones, Kasoff, Parisi

RESOLUTION 02-50

TITLE: TERMINATION OF EMPLOYMENT

Be it resolved, that Marino Pollastroni, an employee of the Department of Public Worksshall be terminated as ofMay 25, 2002 unless be returns to full duty. Pursuant to the letters of theBergen County Risk Managers and Dr. Newman and Dr. Peterson.

With the advice and consent of Council, Mayor Parisi appointed George Reggo to fill the unexpiredterm of Tax Assessor, Peter Turco.

ROLL CALL:AYES:ABSENT:

Plawker, Manolio, Drimones, Kasoff, ParisiMurphy

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2002-000103-REV1

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02-100MAY 15, 2002

RESOLUTION 02-44

TITLE: APPOINT MUNICIPAL TAX ASSESSOR

BE IT RESOLVED that the Mayor and Council of the Boro ugh of Englewood Cliffs doeshereby appoint George Reggo to the position of Munic ipal Tax Assessor in accordance with 2­10.18 of the Revised General Ordinances of the Borough of Englewood Cliffs . Mr . Reggo is tocomplete the un-expired term of Peter Turco. The term of office begins May 15, 2002 and willexpire on June 30, 2005.

ORDINANCES: SECOND HEARING AND ADOPTION

COUNCILMAN PLAWKER CALLED UP FOR SECOND READING AN ORDINANCEENTITLED

ORDINANCE 2002-05

AN ORDINANCE SETTING A SERVICE CHARGE FORCHECKS RETURNED FOR IN SUFFICIENT F UNDS

IN THE BOROUGH OF ENGLEW0 0 D CLIFFS,COUNTY OF BERGEN, STATE OF NEW JERSEY

The clerk presented affidavit of publication, showing that advertisement had been made according tolaw, which was ordered filed. Councilman Plawker moved a public hearing be held on theordinance. So ordered. Councilman Plawker moved the clerk read the ordinance by title on secondreading. So ordered. The clerk thereupon read the ordinance by title. TI,e mayor then announcedthat all interested parties would now be given opportunity to be heard for or against the adoption ofthe ordinance.

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

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

ROLL CALL:AYES:ABSENT:

Plawker, Manolio, Drimones, Kasoff, ParisiMurphy

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02-101MAY 15, 2002

ORDINANCE 2002-05

AN ORDINANCE SETTING A SERVICE CHARGE FORCHECKS RETURNED FOR INSUFFICIENT FUNDS IN

THE BOROUGH OF ENGLEWOOD CLIFFS, COUNTYOF BERGEN, STATE OF NEW JERSEY

BE IT ORDAINED BY the Mayor and Council of the Borough of Englewood Cliffs asfollows:

SECTION 1. This ordinance may be known as the Returned Check Ordinance; .

SECTION 2. Whenever chick payable to any account of the Borough of Englewood Cliffs isreturned for insufficient funds, a service charge of $25.00 p!"r transaction shall be added to theaccount. The service charge shall be paid and credited before any other payment on the accountis accepted and credited.

SECTION 3. Unpaid service charges shall become delinquent and, when applicable, a lienagainst property, to be enforced in the same manner as other liens.

SECTION 4. A person whose returned checks become c,hronic, as determined by the ChiefFinancial Officer, may thereafter be required to pay in cash or by certified check or cashier'scheck.

SECTION 5. This ordinance shall take effect immediately upon final passage and publicationin accordance with law.

COUNCILMAN MANOLlO CALLED UP FOR SECOND READING AN ORDINANC EENTITLED

ORDINANCE 2002-06

AN ORDINANCE FIXING SALARIES, WAGES AND COMPENSATIONFOR ALL SALARIED, APPOINTED AND ELECTED OFFICERS WITHIN

THE BOROUGH OF ENGLEWOOD CLIFFS, IN THE COUNTY OFBERGEN, STATE OF NEW JERSEY

The clerk presented affidavit ofpublication, showing that advertisement had been made according tolaw, which was ordered filed. Councilman Manolio moved a public hearing be held on theordinance. So ordered. Councihnan Manolio moved the clerk read the ordinance by title on secondreading. So ordered. The clerk thereupon read the ordinance by title. The mayor then announcedthat all interested parties would now be given opportunity to be heard for or against the adoption ofthe ordinance.

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02-102MAY 15,2002

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

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

AYES:ABSENT:

Plawker, Manolio, Drimones, Kasoff, ParisiMurphy

ORDINANCE 2002-06

AN ORDINANCE FIXIN G SALARIES, WAGES AND COMPENSATION for all salaried, appointed andelected Officers within the Borough of Englewood Cliffs, in the County ofBergen, and State of New Jersey.

BE IT ORDAINED by the Mayor and Council of the Borough of Englewood Cliffs, County of Bergen, StateofNew Jersey, as follows: '

SECTION I. The following salaries, wages and/or compensation shall be paid to the respective employees ofthe Borough of Englewood Cliffs, for the year 2002, as set forth below;

1. Mayor - an annual salary of $3, 000. 00.

2. Council Persons (6) - an annual salary of $2, 500. 00 each

3. Borough Adminis trator - annual salary of $6,190. 00

4. Borough Attorney - an annual salary of $23,341. 00

5. Borough Clerk - an annual salary of $68,355. 00

6. Deputy Borough Clerk - an annual salary of $27,438. 00

7. Clerical/Secretarial- an hourly wage of $11.24 - $16. 85

8. Secretary Constr, Bd. of Appeals - an annual sala ry of $498. 00

9. Tax Collector - an annual salary of $40,933. 00

10. Chief Financial Officer - an annual salary of $1,470. 00

11. Assistant Tax Collector - an annual salary of $38,245. 00

12. Tax Office Clerk - an annual salary of $22,300. 00

13. Tax Search Officer - an annual salary of $1,470. 00

14. Tax Assessor - an annual sala ry of $21,604. 00

15. Secretary to Bd. of Adjustm ent - an annual salary of $8,106. 00

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2002-000106-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 107: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

MAY 15, 2002

16. Secretary to Planning Board - an annual salary of $8,106. 00

17. Fire Prevention Official - an annual salary of $10,476.00

18. Municipal Court Judge - an annual salary of $23,341. 00

19. Violations & Municipal Court - an annual salary of $35,974. 00

20. Borougb Prosecutor - an annual salary of $8,753. 00

21. Borougb Public Defender - an annual salary of $3,502.00

22. Extra Help Municipal Court - an bourly wage of $20.00 to $27. 00

23. Construction Code Official - an annual salary of $25,171. 00

24. Control Person - an annual salary of $26,132. 00

25. Fire Sub-Code Official - an annual salary range of $8,500. 00

26. Building Inspector - an annual salary of $1 5,600~00,

27. Electrical Inspector - an annual salary of $8,320.00

28. Environmental Inspector - an annual salary of $3,120.00

29. c.C.O.Inspector - an annual salary of $l, 500. 00

30. Plumbing Sub-Code Official- an annual salary range of $8,106. 00

31. Sewer Operator - an annual salary of $5,237. 00

32. Board of Healtb Secretary - an annual salary of $8,106. 00

33. Administr ator of Public Assistance - an annual salary of $1082. 00

34. Sbade Tree Secretary - an annual salary of $3, 503. 00

35. Youtb Coordinator - an annual salary of $5.062.00

36. Assistant Coordinator Consultant - an annual salary of $3,937.00

37. Recreation Consultant- An annual salary of $4,612.00

38. Seasonal Employees - an hourly wage of $3.24 to $14.63

39. Assessment Searcb Officer - an annual salary of $810. 00

02-103

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2002-000107-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-104MAY 15,2002

40. Police Secretary - an annnal salary of $33,361. 00

41. School Crossing Guards - an hourly wage of$11.62 - $16.25

42. Director of Emergency Management Services - an annual salary of $850.00

43. Superintendent of D.P.W. - an annual salary of $86,476.00

44. Asst. Supt. ofDPW - Obertlik, an annual salary of $60,810. 00

45. Secretary of DPWlRecycling - an annual salary of $27,040. 00

SECTlONll.

A. Longevity for full-time Administrative employees (30 hours per week) shall beimplemented and supplemented hy adding thereto two percent (2%) increase foreach four (4) years of service with a maximum or" fourteen percent (14%) fortwenty eight years of service as a "longevity pay increase."

B. Longevity for Police shall be implemented and supplemented by addingthereto two percent (2%) increase for each four' (4) years of service with amaximum of sixteen percent (16%) for 32 years of service, as a "longevitypay increase".

c. Any non-police employees hired after 1/1195 wtll not be eligible forlongevity.

SECTION ill. Should any part or provision of this Ordinance be held unconstitutional orinvalid, such decision shall not affect the validity of this Ordinance as a whole or any partthereof, other than the part held so unconstitutional or invalid.

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2002-000108-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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MAY 15,2002

SCHEDULE A

POLICE SALARIES FOR 2002 AND 2003

Chief ofPolice: a salary for 2002 of $122,412.00a salary for 2003 of $127,308.00

Police Captain: a salary for 2002 of $107,379.00a salary for 2003 of $111,674.00

Police Lieutenant: a salary for 2002 of$1 00,354.00a salary for 2003 of $104,368.00

02-105

Sergeant: a salary for 2002 of $93,788.00a salary for 2003 of$97,540.00

Patrolman (l " Grade): a salary for 2002 of $87,653.00a salary for 2003 of $9I,159.00

Patrolman (hired after 1/1/94)

1" Year of Service - 2002: $25,807.002003: $26,839.00

-t

2"dYear of Service - 2002: $32,566.002003: $33,858.00

3n1 Year of Service - 2002: $38,180.002003: $39,707.00

4"' Year of Service - 2002: $43,805.002003: $45,557.00

5th Year of Service - 2002: $49,429.002003: $51,406.00

6"' Year of Service - 2002: $55,054.002003: $57,256.00

7''' Year of Service - 2002: $60,678.002003: $63,105.00

8"' Year of Service - 2002: $66,302.002003: $68,954.00

9'" Year of Service - 1s Grade Patrolman

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2002-000109-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-106MAY 15,2002

SCHEDULEB

DEPARTMENT OF PUBLIC WORKS SALARIES FOR 2002

Mechanic : Gray, an annual salary of $47,576.00

DPW Worker: Billington, an annual salary of$55,365.00

DPW Worker: Mele, an annual salary of $49,015.00

DPW Worker: Latella , an annual salary of $27,168.00

DPW Worker: Pollastrone, an annual salary of $26,197.00

DPW Worker: Neville, an annual salary of$26 ,197.00

DPW Worker: Fedouchik, an annual salary of $24,000.00

Part-time Department of Public Works Employees:an hourly wage of $6.75 to $16.87

COUNCILMAN PARISI CALLED UP FOR SECOND READING AN ORDINANCEENTITLED

ORDINANCE 2002-07

AN ORDINANCE AMENDING CHAPTER ill, SECTION 3-12.7STREETS DESIGNATED FOR RESTRICTED PARKING WITHIN

THE BOROUGH OF ENGLEWOOD CLIFFS, COUNTY OFBERGEN, STATE OF NEW JERSEY

The clerk presented affidavit of publication, showing that advertisement had been made according tolaw, which was ordered filed. Councilman Parisi moved a public hearing be held on the ordinance.So ordered. Councilman Parisi moved the clerk read the ordinance by title on second reading. Soordered. The clerk thereupon read the ordinance by title. The mayor then announced that allinterested parties would now be given opportunity to be heard for or against the adoption of theordinance.

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

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

AYES:ABSENT:

Plawker, Manolio, Drimones, Kasoff, ParisiMurphy

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2002-000110-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-107MAY 15,2002

ORDINANCE 2002-07

AN ORDINANCE AMENDING CHAPTER m,SECTION 3-12.7

STREETS DESIGNATED FOR RESTRICTED PARKINGWITHIN THE BOROUGH OF ENGLEWOOD CLIFFS

COUNTY OF BERGEN, STATE OF NEW JERSEY

BE IT ORDAINED by the Mayor and Council of the Borough of Englewood Cliffs, thatthe following shall be added to:

Chapter III, Section 3-12.7 Streets Desil!llated for Restricted Parkin!!. Thefollowing public streets are hereby designated as "Residential Permit Parking Only":

o.p.q.r.s.t.q.

Both sides of Martin Court;Both sides of Beverly Road;Both sides of Stratford Road;Both sides of Dorchester Road;Both sides of Kim Hunter Road.Both sides of Sherwood Avenue from Sylvan If.venue to Alpine CourtBoth sides ofNew Street.from Sylvan Avenue to Alpine Court,

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

BE IT FURTHER ORDAINED that all ordinances or parts of ordinances other than thezoning ordinance of the borough which are inconsistent with the provisions of this chapter arehereby repealed to the extent of such inconsistency; and

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

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

COUNCILMAN PARISI CALLED UP FOR SECOND READING, AN ORDINANCEENTITLED:

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2002-000111-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-108MAY 15,2002

ORDINANCE 2002-08

AN ORDINANCE AMENDING CHAPTER ill, SECTION 3-5.1OF THE BOROUGH OF ENGLEWOOD CLIFFS, COUNTY

OF BERGEN, STATE OF NEW JERSEY

The clerk presented affidavit of publication, showing that advertisement had been made according tolaw, which was ordered filed. Councilman Parisi moved a public hearing be beld on the ordinance.So ordered. Councilman Parisi moved the clerk read the ordinance by title on second reading. Soordered. The clerk thereupon read the ordinance by title. The mayor then announced that allinterested parties would now be given opportunity to be heard for or against the adoption of theordinance.

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

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

AYE:ABSENT:

Plawker, Manolio, Drimones, Kasoff, ParisiMurphy

ORDINANCE 2002-08

AN ORDINANCE AMENDING CHAPTER ill,SECTION 3-5.1

OF THE BOROUGH OF ENGLEWOOD CLIFFSCOUNTY OF BERGEN, STATE OF NEW JERSEY

BE IT ORDAINED by the Mayor and Council of the Borough of Englewood Cliffs, thatthe following shall be amended to read as follows:

3-5.1 Entering Parks or Recreation areas After Closing Tim e Prohibited: Exceptions:

a. It shall be unlawful for any person to go in or upon any of the followingdesignated and described parks or recreation areas of the borough between the hours of 10:00p.m. and 7:00 a.m. on any day except for official borough business or with the express writtenpermiss ion of the police department of the borough said permission to be signed by an officerthereof.

Witte Field Recreation Area.Irving Avenue Playground .West Bayview Avenue Basketball courts.

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2002-000112-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-109MAY 15,2002

b. It shall be unlawful for any person to bring any dog on the premises known as;

Witte Field Recreation AreaIrving Avenue PlaygroundWest Bayview Avenue basketball court s

c. Except as provided herein, only licensed dogs shall be permitted, providedthey are accompanied by persons twelve (12) years of age or older in the following areas.

The walkway from Johnson Avenue directly to an area designated as apermitted dog run situated on the south side of Witt e Field RecreationArea:The walkway leading from Floyd Street tel said same area.Dogs shall not be permitted in any other areas of Witte Field RecreationArea.

d. All dogs, within the dog run, must be attended by a person 12 years of age orolder at all times and said person shall be present with the dog when it is within the dog run.

e. All persons utilizing said Witte Field recreation area for the purpose ofutilizing the designated dog run and the walkways leading thereto, shall remove all animal fecesimmediately therefrom and dispose of same in a sanitary manner. In the event they do not dosame, they shall be deemed to be in violation of this ordinance.

f. There shall be designated at said Witte Field Recreation Area a fenced in dogrun where dogs shall be permitted to run at large.

In regard to this section, 2-5. 1(b), the enforcement of this ordinance shall be made by theBoard of Health or its duly designa ted agents or representat ives, the Police Department, or theirduly designated repre sentatives or employees, and the Superintendent of Public Works and itsduly designated agents or representatives .

Any person who violates the provisions of this ordinance shall be subject to a fine of notless than fifty ($50 .00) dollars for the first offense nor more than one hundred ($ 100) dollars forthe ftrst offense. For subsequent viol ations, the fine shall not be more than one thousand ($ 1,000)dollars for each offense, to be recovered by and in the name of the borough.

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

BE IT FURTHER ORDAINED that all ordinances or parts of ordinances other than thezoning ordinance of the borough which are inconsistent with the provisions of this chapter arehereby repealed to the extent of such inconsistency; and

BE IT FURTHER ORDAINED should any part or provi sion of this Ordinance be helduncon stitutional or invalid, such decision shall not affect the validity of this Ordinance as a wholeor any pert held so unconstitutional or invalid.

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2002-000113-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-110MAY 15,2002

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

COMMlTIEE REPORTS:

COUNCILMAN KASOFF:

No report

COUNCILMAN PARISI:

Fire, Transportation, Beautification, Clean Communities

Sanitation, Lighting , Planning Board

The Police Department notified PSE&G about a few lights that were out.

The Planning Board carried over an application for a restaurant at 18 Sylvan AvenueUntil the Site Plan Sub-committee can review it further .

The Chamber of Commerce has dec ided to donate proceeds of their golfouting tothe Englewood Cliffs Recreation Department.

Councilman Parisi thanked the E.C. Fire Department for their assistance when aburning truck load of garbage was dumped in his business's parking lot.

He also thanked Councilman Plawker for his work on the budget and Mr. Bialko andMr. Hipolit for their work on Witte Field.

COUNCILMAN PLAWKER: Finance, Historical, Board of Education

Councilman Plawker informed the Council that the Englewood Board of Education haspassed a resolution directing their legal counsel to write a letter to the Commission ofEduca tion asking for relief from the injunction.

127 students have applied for acceptance in the academy.

COUNCILWOMAN DRlMONES: Recreation

The baseball and softball programs have begun .

The brochure for the summer camp should be in the mail by the end ofMay.

Friday, May 17, will be Englewood Cliffs night at Yankee Stadium

COUNCILMAN MANOLIO: DPW, Building & Groun ds, Recycling, Bd. OfAdj.

The Nextellitigation against the Borough has been denied by the court.

Nextel has re-applied for an antennae to be located at 910-920 Sylvan Avenue.This will held over until next month.

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2002-000114-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-111MAY 15, 2002

The North Coast application was carried to the next meeting.

The hearing on the Parkway Toyota variances will be heard at the next meeting.

REPORT OF BOROUGH ATTORNEY:

Mr. Corriston, explained that there were two parts to the Nextel law suite. We won thefirst part. The second part will be heard in court on June 4.

REPORT OF BOROUGH ENGINEER:

Mr. Hipolit reported that the Sewer project was almost completed.

The Hudson Terrace paving, being done by Bergen County should be completedby June 21, 2002. '

NEW BUSINESS: Memorial Day Services wiu be held on Monday, May 27, 2002At 9:00 a.m, at the Fire House.

PUBLIC PORTION: On a motion by Parisi, seconded by K3~0ff, the meeting was opened to the,public. Carried.

Mr. Madison asked about the new homes on Summit and their effect on drainage.

Mr. Campos and Mr. Karas questioned the increases in the new assessments and theirIncrease in their property taxes . Mr. Campos also stated that the increase in the 2002budget was higher than the Council has indicated.

Mr. Apostoles asked about the water being collected at the new building site on SummitStreet.

Ms. Simon again asked for relief for the water that is ponding near her driveway.Mr. Hipolit will go there and come back with recommendations.

Mr. Cioffi announced that the Lions Club will be having their annual pancake breakfastOn June 9"' at the Lions Club.

Mr. Leakes suggested that there be no parking on Charlotte Place from Rose Avenueto Sylvan Avenue. The Chiefof Police will check it out.He also suggested that the Borough have a web site and also that possibly once a weekthere by night time hours for the convenience of the residents,

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

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2002-000115-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-112MAY 15,2002

On a motion by Plawker, seconded by Parisi , the meeting was adjourned at 9:45, p.m.

ATTEST:

JOSEPH FAV ARO, MUNlClPAL CLERK

APPROVED:

JOSEPH C. PARISI, MAYOR

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2002-000116-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-113

BOROUGH OF ENGLEWOOD CLIFFSBERGEN COUNTY, NEW JERSEY

MINUTES OF THE CAUCUS MEETING OF JUNE 19, 2002

CALL TO ORDER AT 6:30 P.M.

PRESENT AT ROLLCALL:

MayorCouncil PresidentCouncilmanCouncilmanCouncilwomanCouncilmanCouncilman

ALSO PRESENT:

Borough AttorneyBorough EngineerChiefFinancial OfficerChiefofPoliceSupt. ofPublic Works

MAYOR PARISI STATED:

Joseph C. ParisiJohn MurphyDan PlawkerThomas ManolioPatricia DrimonesJerry KasoffJoseph Parisi, Jr.

E. Carter Corriston, Esq.Andrew HipolitJoseph Iannaconi, Jr.Lawrence w;hitingRodney Bialko

Adequate notice of this meeting was given to the press and posted as required. Date and time of thismeeting was legally given as required by the "Open Public Meetings Act."This notice is on file with the Municipal Clerk and posted on the bulletin board .Minutes of this meeting will be made available to the public upon the completion of typing andproofreading by the Municipal Clerk.

VOUCHERS WERE SIGNED BY THE FINANCE COMMITTEE.

MINUTES OF THE: Special Meeting of May 7, 2002; Caucus Meeting of May 15, 2002 andRegular Meeting of May 15, 2002 were placed on the Regular Agenda for approval.

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2002-000117-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-114JUNE 19, 2002

THE FOLLOWING REPORTS WERE PLACED ON THE REGULAR AGENDA FORAPPROVAL.

Police Report of May, 2002Court report of May, 2002Construction Code Official's Report of May, 2002Collector/Treasurer's Report of April, 2002

THE FOLLOWING RESOLUTIONS WERE PLACED ON THE REGULAR AGENDAFOR APPROVAL:

02-51 Inclusion in Community Development Programs02-52 Audit Compliance02-53 Renew Liquor Licenses02-54 Appoint Community Development Representative02-55 Easement, 46 Geraldine Road02-56 Accept donation from Dr. Hyun02-57 Accept donation from JBL Electric Inc.02-58 Authorize Mayor to sign DOT application02-59 Approve Raffle license for Sisters ofSt. Joseph ofPeace02-62 Chapter 159 - Alcohol Education Rehabilitation.

THE FOLLOWING ORDINANCE(S) WASIWERE PLACED ON THE REGULARAGENDA FOR INTRODUCTION:

2002-092002-10

Reimbursement for costs in connection with Hazardous MaterialsBond Ordinance, Various Improvements

REPORT OF BOROUGH ATTORNEY

On a motion by Plawker, seconded by Manolio, resolution 02-66 was offered for adoption:

ROLL CALL:AYES: Plawker, Murphy, Manolio, Drimones, Kasoff, Parisi

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2002-000118-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-115JUNE 19, 2002

RESOLUTION 02-66

RE: CLOSED SESSION

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

WHEREAS, the Mayor and Council nf the Borough of Englewood Cliffs has deemed itnecessary to go into closed sessi on to discuss certain matters which are exempted from the public,

NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Borough ofEnglewood Cliffs will go into closed session for the following reason as outlined in NJ.S.A. 10:4­12:

Any pending or anticipated litigation.

Nextel, Cell TowerVacation of Hollywood Avenue

JAMAC

. ,The closed session commenced at 7:00 p.m. and ended at 7:20 p.m.,

APPOINTMENTS: Travi s Williams as Volunteer Fireman

The appointment ofTravis Will iams was placed on the regular agenda for approval.

ADJOURN:

ATTEST:

JOSEPH FAVARO, MUNlCIPAL CLERK

APPROVED:

JOSEPH C. PARtSI, MAYOR

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2002-000119-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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I

w>z«C)z­«en>en...Jo>-wenwozI'-L()

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2002-000120-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-116

BOROUGH OF ENGLEWOOD CLIFFSBERGEN COUNTY, NEW JERSEY

MINUTES OF THE REGULAR MEETING OF JUNE 19,2002

CALL TO ORDER AT 8:00 P.M.

PRESENT AT ROLL CALL:

MayorCouncil PresidentCouncilmanCouncilmanCouncilwomanCouncilmanCouncilman

ALSO PRESENT:

Municipal AttorneyMunicipal EngineerChief Financial OfficerChief ofPoliceSuperintendent DPW

FLAG SALUTE LEAD BY:

MAYOR PARISI STATED:

Joseph C. ParisiJohn MurphyllanPlawkerThom as ManolioPatricia DrimonesJerry KasoffJoseph Parisi, Jr.

E. Carter Coniston, Esq.Andrew HipolitJoseph Iannaconi , Jr.Lawrence WhitingRodney Bialko

ADEQUATE NOTICE OF TIllS MEETING WAS GIVEN TO THE PRESS AND POSTED ASREQUIRED. DATE AND TIME OF rms MEETING WAS LEGALLY GIVEN AS REQUIREDBY THE "OPEN PUBLIC MEETINGS ACT."rms NOTICE IS ON FILE WITH THE MUNICIPAL CLERK AND POSTED ON THEBULLETIN BOARD.MINUTES OF TIllS MEETING WILL BE MADE AVAILABLE TO THE PUBLIC UPON THECOMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.

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2002-000121-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 122: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-117JUNE 19,2002

APPOIN1MENT OF POLICE OFFICERS:

On a motion by Drimones, seconded by Manolio, resolution 02-60 was offered for adoption:

ROLLCALL:AYES: Plawker, Murphy, Manolio, Drimones, Kasoff, Parisi

RESOLUTION 02-60

WHEREAS, the Mayor and Council has expressed its desire to appoint new police officers;and

WHEREAS, the Mayor and Council has interviewed various applicants for these positions;and

WHEREAS, the Mayor and Council and the Chief 'of Police recommend the applicant,JAMES TRACY;

NOW THEREFORE BE IT

RESOLVED, that J AMES TRACY be and he is hereby appointed as a Police Officer ofthe Borough of Englewood Cliffs. '

This appointment is effective June 24, 2002.

On a motion by Plawker, seconded Kasoff, resolution 02-61 was offered for adoption:

ROLLCALL:AYES: Plawker, Murphy, Manolio, Drimones, Kasoff, Parisi

RESOLUTION 02-61

WHEREAS, the Mayor and Council has expressed its desire to appoint new police officers;and

WHEREAS, the Mayor and Council has interviewed various applicants for these positions;and

WHEREAS, the Mayor and Council and the Chief of Police recommend the applicant,MICHAEL BOCCHER;

NOW THEREFORE BE IT

RESOLVED, that MICHAEL BOCCHER be and he is hereby appointed as a PoliceOfficer of the Borough ofEnglewood Cliffs.

This appointment is effective June 24, 2002.

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2002-000122-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 123: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-118JUNE 19, 2002

MlNUTES OF THE FOLLOWING MEETIN GS WERE ACCEPTED AS PRESENTED ONA MOTION BY PARISI, SE CONDED BY MANOLIO, AND CARRIED.

Special Meeting of May 7, 2002Caucus Meeting of May 15, 2002Regular Meeting of May 15, 2002

THE FOLLOWING REPORTS WERE ORDERED FILED ON A MOTION BY MANOLIO,SE CONDED BY DRIMONES, AND CARRIED.

Police Report of May, 2002Court Report of May, 2002Construction Code Officials Rep ort of May, 2002Collector Treasurer's Report of April, 2002

CLAIMS:

On a motion by Plawker, seconded by Manolio, the Claims for the month ofJune, 2002 were orderedpaid.

,Ayes : Plawker, Murphy, Manolio, Drimones, Kasoff, Parisi

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2002-000123-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 124: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-119JUNE 19, 2002

RESOLUTIONS:

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

On a motion by Manolio, seconded by Drimones, Resolution 02-51 was offered for adoption:

ROLLCALL:AYES:

TITLE:

Plawker, Murphy, Manolio, Drimones, Kasoff, Parisi

RESOLUTION 02-51

A RESOLUTION AUTHORIZING INCLTJSION IN THE BERGENCOUNTY COMMUNITY DEVELOPMENT PROGRAM

WHEREAS, certain Federal funds are potentially available to the County of Bergenunder Title I of the Housing and Community Development Act of 1974, as amended and HOMEInvestment Partnership Act of 1990, as amended; and

WHEREAS, the current Interlocal Services Agreement contains an automatic renewalclause to expedite the notification of the inclusiou process; and

WHEREAS, each municipality must notify the Bergen county Division of CommunityDevelopment of its intent to continue as a participant in the Urban County entitlement programnoted above; and

WHEREAS, it is in the best interest of the Borough of Englewood Cliffs and itsresidents to participate in said programs.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Boroughof Englewood Cliffs that it hereby notifies the Bergen County Division of CommunityDevelopment of its decision to be included as a participant municipality in the Urban Countyentitlement programs being the Community Development Block Grant Program and HomeInvestment Partnership Act Program for the Program Years 2003, 2004, 2005, 2006 (July 1,2003- June 30, 2006); and

BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to theBergen County Division of Community Development no later than June 21, 2002.

On a motion by Drimones, seconded by Plawker, Resolution 02-52 was offered for adoption:

ROLLCALL:AYES: Plawker, Murphy, Manolio, Drimones, Kasoff, Parisi

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2002-000124-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 125: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-120JUNE 19,2002

RESOLUTION 02·52

WHEREAS, N.J.S .A. 40A:5-4 requires the governing body of every local unit to have made an annual auditof itsbooks, accountsand financial transactions, and

WHEREAS, The Annual Rep ort of Audit for the year 2001 has been filed by a Registered MunicipalAccountant with the Municipal Clerk as per the requirements of N.J .S.A. 40A:5-6. and a copy has beenreceived by each member of the governing body, and

WHEREAS, the Local Finance Board of the State of New Jersey is authorized to prescribe reports pertainingto 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 eachmunicipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all membersof the governing body have reviewed, as a minimum, the sections of the annual audit entitled:

General Comments

Recommendations

and

WHEREAS, the members of the governing body have personally rev-Iewed as a minimum the Annual Reportof Audit, and specifically the sections of the annual Audit entitled:

General Comments

Rec ommendations

as evidenced by the group affidavit form of the governing body, and

WHEREAS, Such resolution of cert ification shall be adopted by the Governing Body no later than forty-fivedays after the receipt of the annual audit, as per the regulations of the Local Finance Board, and

WHEREAS, All members of the governing body have received and have familiarized themselves with, atleast, the minimum requirements of the Local Finance Board of the State ofNew Jersey, as stated aforesaid andhave subscribed to the affidavit, as provided by the Local Finance Board, and

WHEREAS, Failure to comply with the promulgations of the Local Finance Board of the State of new Jerseymay subject the members of the local governing body to the penalty provisions ofR S. 52:27BB-52 - to wit:

R.S. 52:27BB-52 - "A local officer or member ofa localgoverning body who, after a date fixed for compliance.fails or refuses to obey an order of the director (Directorof Local Government Services), under the provisions ofthisArticle, shall be guilty ofa misdemeanor and, upon convictionmay be filled not more than one thousand dollars (Sl ,OOO.OO)or imprisoned fornot more than one year, orboth, in additionshall forfeit his office."

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2002-000125-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 126: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-121JUNE 19, 2002

NOW, THEREFORE BE IT RESOLVED, That the governing body of the Borough of Englewood Cliffs,hereby states that it has complied with the promulgation of the Local Finance Board of the State of New Jerseydated July 30, 1968 and does hereby submit a certified copy of this resolution and the required affidavit to saidBoard to show evidence of said compliance.

On a motion by Drimones, secon ded by Manolio, Resolution 02-53 was offere d for adoption:

ROLL CALL:AYES:ABSTAIN:

Plawker, Murphy, Manolio , Drimones, KasoffParisi

RESOLUTION 02-53

TITLE: Renewal of Plenary Retail consumption Licenses

WHEREAS, application for Plenary Retail Consumption Licenses have been made by thefollowing and;

WHEREAS, no protests have been filed with the Municipal Clerk;

I

NOW, THEREFORE BE IT RES OLVED, that theMunicipal Clerk be and he is herebyauthorized and directed to issue a Plenary Retail consumption License to the following applicants,subject to payment of the proper fees as set forth in the Borough Ordinance.

State Issued License Number

#0216-33-001-003

#0216-33-002-003

#0216-33-003-002

#0216-33-004-009

#0216-33-005-003

#0216-33-006-006

Name and Address

11K Restaurant Corp495 Sylvan AvenueT/A Assembly Steak House

Chiko Enterprise Inc.150 Sylvan AvenueT/A Crystal Palace

PKG Restaurant Corp487 Sylvan AvenueT/A Bicycle Club

Come ' Prima Inc.14 Sylvan AvenueT/A Cafe Italiano

484 Sylvan Avenue Corp484 Sylvan AvenueT/A Grissini

Chang Soon Inc464 Sylvan AvenueT/A Yong Su San

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2002-000126-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 127: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-122JUNE 19, 2002

#0216-33-007-006

#0216-33-008-005

RDA Restaurant Inc.n 7 Palisade AvenueT/A Royal Cliffs Diner

Jamie's Beverage Corp574 Sylvan AvenueRobins

On a motion by Drimones, seconded by Manolio, Resolution 02-54 was offered for adoption:

ROLL CALL:AYES :

TITLE:

Plawke r, Murphy, Manolio, Drimones, Kasoff, Parisi

RESOLUTION 02-54

APPOINTMENT COMMUNITY DEVELOPMENT REPRESENTATIVES

WHEREAS, the Borough of Englewood Cliffs has entered into a Three Year CooperativeAgreement with the County of Bergen as provided under the Interlo ~al Services Act, N.J.S.A. 40A:8A-I etseq. And Title I of the Housing and Community Development Act of 1974; and

WHEREAS, said Agreement requires that one Municipal Representative be appointed by theGoverning Body of the Community to be part of the Community Development Regional Committee for theterm of one year coinciding with the fiscal year of July 1, 2002 through June 30, 2003.

NOW, THEREFORE, BE IT RESOLVED, that the governing body hereby appoints MarilynGittleman, 24 Booth Avenue Englewood Cliffs, N.J. 07632 as its representative to participate on theCommunity Development Regional Committee; and

On a motion by Drimones, seconded by Parisi, resolution 02-55 was offered for adoption.

ROLLCALL:AYE S:

TITLE:

Plawker, Murpby, Manolio, Drimones, Kasoff, Parisi

RESOLUTION 02-55

EASEMENT AND INDEMNIFICATION AGREEMENTLAKHANI, 46 GERALDINE ROAD

WHEREAS, Bansi Lakhani and Priya Lakhani , have installed a decorative pond and placedcertain landscaping which encroaches upon a Sanitary Sewer Easement, on premises located at 46Geraldine Road, Englewood Cliffs, New Jersey, also known as Block 11 09, Lot 10; and

WHEREAS, the Mayor and Council have considered sarne;

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2002-000127-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 128: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-123JUNE 19, 2002

NOW, THEREFORE BE IT RESOLVED, that the Borough of Englewood Cliffsagrees to permit said Bansi and Priya Lakhani to maintain said pond and landscaping upon theirpremises subject to a certain Easement and indemnification Agreement which they shall executewith the Borough.

On a motion by Drimones, seconded by Kasoff, resolution 02-56 was offered for adoption.

ROLLCALL:AYES:

TITLE:

Plawker, Murphy, Manolio, Drirnones, Kasoff, Parisi

RESOLUTION 02-56

ACCEPT DONATION TO ENGLEWO OD CLIFFS POLICEDEPARTMENT, FrnE DEPARTMENT, AMBULANCE CORPS ANDRECREATION DEPARTMENT

WHEREAS, Shul S. Hyun, Dr., PhD, has dooated $20,000.00 to the Borough ofEnglewood Cliffs; and

WHEREAS, the money has been specifically donated as follows:I

$5,000.00$5,000.00$5,000 .00$5,000.00

Police DepartmentFire DepartmentAmbulance CorpsRecreation Department

WHEREAS, a check in the amount of $20,000.00 has been received by the Borough andhas been deposited in the Borough's account;

NOW, THEREFORE,

BE IT RESOLVED that the Englewood Cliffs Mayor and Council does hereby acceptthe generous donation of Shul S. Hyun, Dr., PhD, in the amount of $20,000.00.

On a motion by Drimones, seconded by Manolio, resolution 02-58 was offered for adoption:

ROLLCALL:AYES: Plawker, Murphy, Manolio, Drimones , Kasoff, Parisi

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2002-000128-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 129: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-124JUNE 19, 2002

RESOLUTION 02-58

TITLE: AUTH ORIZE MAYOR AND MUNICIPAL CLERK T O SIGN GRANTAPPLICATION

BE IT RESOLVED, that the Borough Council of the Borough of Englewood Cliffs doeshereby authorize Boswell Engineering, to prepare the NJDOT 2002 Road Grant Application for theimprovement of Floyd Street; and

BE IT F URTHER RESOLVED that the Mayor and Municipal Clerk are herebyauthorized to execute the application upon compl etion.

On a mo tion by Plawker, seconded by Drimones, resolution'02-59 was offered for adoption:

ROLLCALL:AYES: Pl awker, Murphy, Manoli o, Dri mones, Kasoff, Pari si

RESOLUTION 2002-59 ..

RE: APPROVAL OF RAFFLE LICENSEID#133-04-07504GUILD FOR THE SISTERS OF SAINT JOSEPH OF PEACE

WHEREAS, the Guild for the Sisters of Saint Joseph of Peace have applied for an On-Premiseraffle license; and

WHEREAS, the Guild for the Sisters of Saint Joseph of Peace have complied with allrequirements as outlined in N.LA.C. 13; and

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

NOW, THEREFORE, BE IT

RESOLVED, that the Mayor and Council of the Borough of Englewood Cliffs does herebyapprove the issuance of a 50/50 raffle license to the Guild for the Sisters of Saint Joseph of Peace.

BE IT FURTHER RE SOLVED that raffle will be conducted on October 24,2002 from 12:30­2:00 p.m. at 51. Michaels Villa, Hudson Terrace, in the Borough of Englewood Cliffs.

On a motion by Par isi, seconded by Drimones, Resolution 02-62 was offered for adoption :

Ro ll Call:Ayes: Plawker, Murphy, Manolio, Drim ones, Kasoff, Pari si

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2002-000129-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 130: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-125JUNE 19,2002

RESOLUTION 02-62

TITLE: CHAPTER 159 - ALCOHOL ED REHAB & ENFORCEMENT

WHEREAS NJ.S.A. 40A:4-87 provides that the Director of the Division of LocalGovernment Services may approve the insertion of any special item of revenue in the budget of amunicipality when such item shall have been made available by law and the amount thereof was notdetermined at the time of the adoption of the budget; and

WHEREAS the Director may also approve the insertion of any item of appropriation for anequal amount;

NOW THEREFORE, BE IT RESOLVED that the Borough of Englewood Cliffs herebyrequests the Director of the Division of Local Government Services to approve the insertion of anitem in the budget of the year 2002 in the sum of $124.03, which item is now available as a revenuefrom ALCOHOL EDUCATION REHABILITATION & ENFORCEMENT provisions ofstatute; and

On a motion by Plawker, seconded by Manolio, re solution 02-63 was offered for adoption.

ROLLCALL:AYES: Plawker, Murphy, Manolio, Drimones, Kasoff, Parisi

RESOLUTION 02-63

WHEREAS, Palestrooi Management, LLC is the owner of certain real property locatedin the Borough of Englewood Cliffs and known as 385 Sylvan Avenue, also known as Block 412,Lot 6; and

WHEREAS, taxpayer has filed 2001 real property tax appeals, which matters arepresen tly pending in the Tax Court of New Jersey; and

WHEREAS, the Borough has reviewed and analyzed all relevant documents andappraisals of the premises; and

WHEREAS, it is the opiruon of the Tax App eal Attorney and the Appraiser tha tsettleme nt of these matters is in the best interests of the Borough of Englewood Cliffs;

NOW, THEREFORE, be it

RESOLVED by the Mayor and Council of the Borough of Englewood Cliffs that the TaxAppeal Attorney be and he is hereby authorized and directed to exe cute any and all documentsnecess ary in order to settle this real property tax challenge by reducing the 200 I assessment from$2.5 milli on to a total of $1.9 million, with a refund, only applicable for tax year 2002, of $8,340,due taxpayer; and be it further

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2002-000130-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 131: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-126JUNE 19, 2002

RESOLVED that the aforesaid settlement is further predicated upon a waiver of any andall pre-judgment interest on any refund due to the taxpayer.

On a motion by Manolio , seconded by Pari si, resolution 02-64 was offered for adoption.

ROLLCALL:AYES: Plawker, Murphy, Manolio, Drimones, Kasoff, Parisi

RESOLUTION 02-64

WHEREAS, Joban Realty is the owner of certain real property located in the Borough ofEnglewood Cliffs and known as 600 Sylvan Avenue, also known as Block 806, Lot 8; and

WHEREAS, taxpayer has filed 200 I real property tax appeals , which matte rs arepresently pending in the Tax Court of New Jersey; and .

WHEREAS, the Borough has reviewed and analyzed. all relevant documents andappraisals of the premises; and

WHEREAS, it is the opinion of the Tax Appeal Attorney and the Appraiser thatsettlement of these matters is in the best interests of the Borough of Englewood Cliffs;,

NOW, THEREFORE, be it

RESOLVED by the Mayor and Council of the Borough of Englewood Cliffs that the TaxAppeal Attorney be and he is hereby authorized and directed to execute any and all documentsnecessary in order to settle this real property tax challenge by reducing the 2001 assessment from$6,050,000 to a total of$5,650,000, with a refund of$5,560, due taxpayer; and be it further

RESOLVED that the aforesaid settlement is further predicated upon a waiver of any andall pre-judgment interest on any refund due to the taxpayer.

On a motion by Parisi, seconded by Drimones, resolution 02-65 was offered for adoption.

ROLLCALL:AYES: Plawker, Murphy, Manolio, Drimones, Kasoff, Paris i

RESOLUTION 02-65

WHEREAS, Commercial Plaza, Inc. is the owner of certain real property located in theBorough of Englewood Cliffs and known as 375 Sylvan Avenue, also known as Block 412, Lot5; and

WHEREAS, taxpayer has filed 2001 real property tax appeals , whic h matters arepresently pending in the Tax Court ofNew Jersey ; and

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2002-000131-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 132: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-127JUNE 19, 2002

WHEREAS, the Borough has reviewed and analyzed all relevant documents andappraisals of the premises; and

WHEREAS, it is the opinion of the Tax Appeal Attorney and the Appraiser thatsettlement of these matters is in the best interests nf the Borough of Englewood Cliffs;

NOW, THEREFORE, be it

RESOLVED by the Mayor and Council of the Borough of Englewood Cliffs that the TaxAppea l Attorney be and he is hereby authorized and directed to execute any and all documentsnecessary in order to settle this real property tax challenge by reducing the 200 I assessment from$2,550,000 to a total of$2,100,000, with a refund of $6,255, due taxpayer; and be it further

RESOLVED that the aforesaid settlement is further predicated upon a waiver of any andall pre-judgment interest on any refund due to the taxpayer. "

ORDINANCES: FOR INTRODUCTION

CO UNCILWOMAN DRIMONES INTRODUCED AN ORDINANCE ENTITLED:

ORDINANCE 2002-09

AN ORDINANCE FOR REIMBURSEMENT OF COSTS INCONNECTION WITH HAZARDOUS MATERIALS INCIDENTS

OF THE BOROUGH OF ENGLEWOOD CLIFFS,COUNTY OF BERGEN, STATE OF NEW JERSEY

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

The municipal clerk read the said ordinance by title. Ms. Drimones moved the ordinance

be adopted on first reading and published in the Press Journal on June 27, 2002.

The public hearing to be held on July 17,2002. Motion was seconded by Mr. Manolio.

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

ROLLCALL:AYES: Plawker, Murphy, Manolio, Drimones, Kasoff, Parisi

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2002-000132-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 133: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-128JUNE 19, 2002

COUNCILWOMAN DRIMONES INTRODUCED AN ORDINANCE ENTITLED:

ORDIN ANCE 2002-10

BOND ORDINANCE TO PROVIDE FOR CERTAIN IMPROVEMENTS,BY AND IN THE BOROUGH OF ENGLEWOOD CLiFFS, IN THE

COUNTY OF BERGEN, STATE OF NEW JERSEY (rHE " BOROUGH");APPROPRiATING $700,000 THEREFOR AND AUTHORlZlNG

THE ISSUANCE OF $665,000 BONDS OR NOTES OF THE BOROUGHT O FINANCE PART OF THE COST THEREOF.

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

The munic ipal clerk read the said ordinance by title. Ms. Drimones moved the ordinance

be adopted on first reading and published in the Press Journal on June 27, 2002.

The puhlic hearing to be held on July, 2002. Motion was seconded hy Mr. Manolio .

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

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

On a motion by Manolio, seconded by Plawker, resolution 02-67 was offered for adoption:

ROLLCALL:AYES: Plawker, Murphy, Manolio, Drimones, Kasoff, Parisi

BOROUGH OF ENGLEWOOD CLIFFSBERGEN COUNTY, NEW JERSEY

RESOLUTION 2002-67

WHEREAS, the Local Cap ital Budget for the year 2002 was adopted on the 15"' day ofMay, 2002; and

WHEREAS, it is desired to amend said adopted capital budget section,

NOW, THEREFORE BE IT RESOLVED by the Council of the Borough of EnglewoodCliffs, County of Bergen, that the following amendments(s) to the adopted capital budget section ofthe 2002 Budget be made:

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2002-000133-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 134: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-129JUNE 19, 2002

FROMCAPITAL BUDGET (CURRENT YEAR ACTION)

2002

Total All Projects: EstimatedTotal Cost

621,000

Cap ital ImprovementFund

21,050

DebtAuthorized

399,950

To be Fundedin Future Years

200 ,000

Be it Further Resolved that Three certified copies of this resolution b filed forthwi th in theOffice of the Director of Local Governmeot Services.

It is hereby certified that this is a true copy of a resolution amending the capital budgetsection adopted by the governing body on the 19 day of June, 2002.

APPOINTMENTS: Travis Williams as Volunteer Fireman

On a motion by Kasoff, seconded by Parisi, the Municipal Clerk was authorized toExecute the application ofMr. Travis Williams as a Volunteer Fireman. Carried...

COMMITTEE REPORTS:

COUNCILMAN KASOFF:

COUNCILMAN PARISI:

Fire, Transportation, Beautifi cation, Clean Communi ties

Sanitation, Lighting , Planning Board

Planning Board: The application of 18 Sylvan Ave nue was held until a Special Meetingof June 27, 2002

C of C: The annual Golf outing being held in August will donate proceed to theEnglewood Cliffs recreation department.

Lighting: There was one light out and that has been corrected .

Garbage: There was one problem with pick ups . This has been corrected.

COUNCILMAN PLAWKER: Finance, Historical, Board of Education

Councilman Plawker represented the Mayor and Counc il at the 4"' grade concert.

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2002-000134-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 135: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-130JUNE 19,2002

COUNCILMAN MURPHY: Police, Legal

Councilman Murphy remarked how pleased he was with the quality of the new men whowere just appointed as patrolman.

COUNCILWOMAN DRIMONES: Recreation

The baseball and softball programs have been completed.

Sunnner camp begins on July I , 2002

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

Bd. of Adjustment: The Nextel application bas been postponed until July.

Parkway Toyota has applied for a use variance.

REPORT OF BOROUGH ATTORNEY:

Mr. Corriston reported that Pennsylvania Insurance Coo. (insurers of JAMAC) have between$240,000 and $290,000 left on their bond. The amount depends upon how the judge decidesThe Borough should get 80% of the figure decided upon.

Nextel has brought 2 cases before the courts. One pertains to the variance application andthe other which attacks our zoning ordinance.

REPORT OF BOROUGH ENGlNEER:

Skymark has started some of their work on their projects.

REPORT OF SUPT. OF PUBLIC WORKS :

Bergen County has milled a few sections ofHudson Terrace and should have the roadpaved within the week.

Bayview Park is completed. Just doing cleanup now.

Batting cage at Witte Field has been installed.

Dog run is finished.

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2002-000135-REV1

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02-131JUNE 19, 2002

CHIEF OF POLICE:

May was seat belt enforcement month. 47 citations were issued.

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

Dr. Sank asked how much the tax refunds were for resolutions 2002-63 , 64, & 65.She also asked which streets were being redone from funds from Ord. 2002-10.

Mr. Telzer stated that Councilman Kasoffhas done a good job with the SeniorTaxi Service.

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

On a motion by Manolio, seconded by Drimones, the meeting was adjourned at 8:45 p.m.

I

ATTEST:

JOSEPH FAYARO, MUNICIPAL CLERK

APPRO VED:

JOSEPH C. PARISI, MAYOR

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2002-000136-REV1

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02-132

BOROUGH OF ENGLEWOOD CLIFFSBERGEN COUNTY, NEW JERSEY

MINUTES OF THE CAUCUS MEETING OF JULY 17, 2002

CALL TO ORDER AT 6:30 P.M.

PRESENT AT ROLL CALL:

MayorCouncil PresidentCouncilmanCouncilmanCouncilwomanCouncilmanCouncilman

ALSO PRESENT:

Borough AttorneyBorough EngineerChief ofPoliceSupt. ofPublic Works

MAYOR PARISI STATED:

Joseph C. ParisiJohn MurphyllanPlawkerThomas Mano lioPatricia DrimonesJerry KasoffJoseph Parisi, Jr.

E. Carter Corriston, Esq.Andrew HipolitLawrence WhitingRodney Bialko

Adequate notice of this meeting was given to the press and posted as required. Date and time of thismeeting was legally given as required by the "Open P ublic Meetings Act."Thi s notice is on file with the Municipal Clerk and posted on the bulletin board.Minutes of this meeting will be made available to the public upon the completion of typing andproofreading by the Municipal Clerk.

VOUCHERS WERE SIGNED BY THE FINANCE COMMITTEE.

MINUTES OF THE: Caucus Meeting of June 19, 2002 and Regular Meeting of June 19, 2002were placed on the Regular Agenda for approval.

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2002-000137-REV1

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02-133JULY 17, 2002

THE FOLLOWING REPORTS WERE PLACED ON THE REGULAR - CONSENTAGENDA FOR APPROVAL.

Police Report of June , 2002Court report of June, 2002Construction Code Official's Report of June, 2002Collector/Treasurer's Report of May, 2002Fire Department' s 2nd Quarter Report

ACTION TAKEN ON THE FOLLOWING COMMUNICATIONS:

Borough of Carlstadt Sports Arena

The municipal Clerk will be authorized to prepare a resolution to be sent to allBergen County munic ipalities. The resolution is to stress the issue should beon the ballot for the voters to give their input.

Environmental Commission Ordinance 2000-04

Resolution 02-72, authorizing a dedicated account for the replacement ofshadetrees was placed on the regular agenda for approval.

Councihnan Murphy Resignation

The resignation will be accepted with regret at the regular meeting.

Municipal Engineer Estimate #2, Sewer Rehab., Hudson Terrace

Resolution 02-68 approving payment was placed on the regular agenda.

Municipal Engineer Estimate #2, Sewer Rehab ., Sylvan Avenue

Resolution 02-69 approving payment was placed on the regular agenda.

Mr. Shepard Request to remove sidewalk

Resolution 02-71, granting permi ssion to remove the sidewalk was placed on theregular agenda.

THE FOLLOWING RESOLUTIONS WERE PLACED ON THE REGULAR AGENDAFOR APPROVAL:

02-5702-6802-6902-70

Donation to Recreation Department from JBL ElectricEstimate #2, Sewer Rehabilitation, Hudson Terrace, PaymentEstimate #2, Sewer Rehabilitation, Sylvan Avenue, Paym entRetain Bernard Nelson, Expert witness, Nextel

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2002-000138-REV1

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02-134JULy 17, 2002

02-7102-72

Removal of sidewalk, 267 Westervelt PlaceDedication by Rider , replacement of shade trees

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

2002·092002· 10

Reimbursement for cost connected with Hazardous materialsBond Ordinance, Sewer Rehabilitation, Road Improvement,Maintenance Building

REPORT OF STANDING COMMITTEES

Councilman Parisi: Lighting, Sanitation, Planning Board

Councilman Parisi requested a letter be sent the State of New Jersey Health Benefi tsStating that the charge of $1,500 for the Loss Run information for the Borough ofEnglewood Cliffs was unreasonable . Mr. Corriston suggested our State Legislatorsbe called and possibly the League ofMunicipali ties.

Councilman Plawker: Finance, Historical, Board of Education

Councilman Plawker attended the Englewood Council meeting where the new mixed useredevelopment plan was adopted.

NEW BUSINESS: Ms. Breen & Ms. Goldscheider, Van Nostrand Avenue

The residents brought up the following areas of concern:

I . All the tree by their homes are now gone, stumps remain. Also there are piles ofdirt.

Mr. Hipolit responded that the contractors removed the trees in order toconstruct the new homes. New trees and landscaping will be installed uponcompletion of the new homes.

There are baniers installed, according to slate requirements by the piles ofdirt . These piles will diminish as the project nears comple tion.

Mr. Hipolit stated that his inspectors on there daily.

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2002-000139-REV1

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02-135JULY 17, 2002

2. There are 20 or more loose cats that came from the home on the comer ofVan Nostrand Avenue .

The County Animal Control Commission has been notified and many of thecats have been removed but someone is feed them so they keep coming.

3. Safe ingress and egress from Van Nostrand Avenue is not possible because oflarge bushes that block the view.

The executor of the estate ofMs. Sartorio, stated that he will keep the bushesand shrubs cut.

4. Water service was cut off because the contractor was negligent.

United Water would not allow the contractor to' resolve the problem but wouldnot come to fix it themselves until the next day causing the resident to be withoutwater for a day.

Mayor Parisi asked the council for their choice of a candidate to replace Councilman Murphy, fromthe list provided by the Democratic Municipal Committee. The names on the list were Patrick Perin,Frank Sorrentino and Lynn Norton. '

The Council agreed that all those named were good candidates but they all agreed that Ms. Nortonshould get the appointment.

TIle Mayor also announced that he was appointing with the advice and consent of Council, DanPlawker as Council-President and Joseph Parisi Jr. as Chairman of the Police Committee.

ADJOURN:

On a motion by Manolio, seconded by Kasoff, the Caucus meeting was adjourned at 8:00 p.m.Carried.

ArrEST:

JOSEPH FAVARO, MUNICIPAL CLERK

APPROVED:

JOSEPH C. PARISI, MAYOR

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2002-000140-REV1

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02-136

BOROUGH OF ENGLEWOOD CLIFFSBERGEN COUNTY, NEW JERSEY

MINUTES OF THE REGULAR MEETING OF JULY 17, 2002

CALL TO ORDER AT 8:00 P.M.

PRESENT AT ROLL CALL:

MayorCouncil PresidentCouncilmanCouncilmanCouncilwomanCouncilmanCouncilman

ALSO PRESENT:

Municipal AttorneyMunicipal EngineerChief ofPoliceSuperintendent DPW

Joseph C. ParisiJohn Murphynan PlawkerThomas ManolioPatricia DrimonesJerry Kasoff .Joseph Parisi, Jr.

E. Carter Corriston, Esq.Andrew HipolitLawrence WhitingRodney Bialko,

FLAG SALUTE LEAD BY: Council President John Murphy

MAYOR PARISI STATED:

ADEQUATE NOTICE OF TJ-IIS MEETING WAS GWEN TO THE PRESS AND POSTED ASREQUIRED. DATE AND TIME OF THIS MEETING WAS LEGALLY GWEN AS REQUIREDBY THE "OPEN PUBLIC MEETINGS ACT."THIS NOTICE IS ON FILE WITH THE MUNICll'AL CLERK AND POSTED ON THEBULLETIN BOARD.MINUTES OF Tl-IIS MEETING WILL BE MADE AVAlLABLE TO THE PUBLIC UPON THECOMPLETION OF TYPING AND PROOFREADING BY THE MUNICll'AL CLERK.

Mayor Parisi asked the Municipal Clerk to read Councilman Murphy's letter of resignation.

On a motion by Manolio, seconded by Plawker, the resignation was accepted with regret. Carried.

Councilman Murphy express his mixed feeling about having to leave the Borough after all the yearshe has lived and served here. He was a member of the police department for 40 years and the Chieffor 17 years. He served on the council for 10 years.

The Municipal Clerk read the names of the three candidates recommended to the Council by theDemocratic Municipal Committee. They are: Patrick Perin, Frank Sorrentino and Lynn Norton.

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2002-000141-REV1

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02-137JULY 17, 2002

On a motion by Plawker, seconded by Parisi, the name of Lynn Norton was offered to the counci l asthe replacement for Councilman Murphy.

ROLL CALL:AYES: Plawker, Mano lio, Drimones, Kasoff, Parisi

The Oath of Allegiance was recited by Ms. Norton as stated by the Munic ipal Clerk and Ms. Nortonwas seated on the dais.

With the advice and consent of council, Mayor Parisi appointed Councilman Plawker as CouncilPresident.

ROLLCALL:AYES:ABSTAlN:

Drimones, Kasoff, Parisi, NortonPlawker, Manolio

With the advice and consent of council, Mayor Parisi appointed Joseph Parisi, Jr. as Chairman of thePo lice Committee:

ROLL CALL:AYES;ABSTAlN:

Plawker, Manolio, Drimones, Kasoff, NortonParisi

With the advice and consent of council, Mayor Parisi appointed Lynn Norton as Chairwoman of theSanitation and Lighting committees.

ROLLCALL:AYES:ABSTAlN:

Plawker, Manolio, Drimones, Kasoff, ParisiNorton

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

Caucus Meeting of June 19,2002Regular Meeting of June 19, 2002

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

Police Report of June, 2002Court Report of June, 2002Construct ion Code Officials Report of June, 2002Collector Treasurer 's Report of May, 2002Fire Department 2nd Quarter Report

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2002-000142-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-138JULy 17, 2002

ACTION TAKEN ON THE FOLLOWING COMMUNICATIONS:

Borough of Carlstadt Sports Arena

On a motion by Manolio, seconded by Parisi , the Municipal Clerk was authorized to preparea resolution in opposition to the Newark arena and in favor of a question on the ballot so allthe residents can have a voice in the matter.

CLAIMS:

On a motion by Plawker, seconded by Manolio, the Claims for the month ofJuly, 2002 were orderedpaid.

Ayes:Abstain:

Plawker, Manolio, Drimones, Kasoff, ParisiNorton

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2002-000143-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-139JULy 17, 2002

RESOLUTIONS:

On a motion by Drimones, seconded by Manolio, Resolution 02-57 was offered for adoption:

ROLL CALL:AYES:ABSTAIN:

Plawker, Manolio, Drimones, Kasoff, ParisiNorton

RESOLUTION 02-57

TITLE: ACCEPT DONATION TO ENGLEWOOD CLIFFS RECREATIONDEPARTMENT

WHEREAS, JBL Electric Inc.,409 Minnisink Road, Totowa, New Jersey, bas donated$2,500.00 to the Englewood Cliffs Recreation Department; and

WHEREAS, the money has been specifically donated to the Englewood CliffsRecreation Department toward the purchase of Athletic Equipment; and

WHEREAS, a check in the amount of $2,500.00 has'been received by the Borough andhas been deposited in the Borough 's account;

NOW, THEREFORE,

BE IT RESOLVED that the Englewood Cliffs Mayor and Council does hereby acceptthe generous donation of JBL Electric Inc., toward the purchase of Athletic Equipment.

On a motion by Parisi, seconded by Kasoff, Resolution 02-68 was offered for adoption:

ROLL CALL:AYES:ABSTAIN:

Plawker, Manolio, Drimones, Kasoff, ParisiNorton

RESOLUTION 02-68

TITLE: ESTIMATE #2, SEWER REHABILITATION, HUDSON TERRACE

WHEREAS, Boswell McClave Engineering has recommended that EstimateCertificate #2 in the amount of $42,852.70 be paid; and

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of theBorough ofEnglewood Cliffs, does hereby approve the payment of $42,852.70to M. Ingannamorte & Son for work completed on the Sewer Rehabilitation at SylvanAvenue, Stage 4B.

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2002-000144-REV1

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02-140JULy 17,2002

On a motion by Parisi, seconded by Drimones, Resolution 02-69 was offered for adoption:

ROLL CALL:AYES:ABSTAIN:

Plawker, Manolio, Drimones, Kasoff, ParisiNorton

RESOLUTION 02-69

TITLE: ESTIMATE #2, SEWER REHABILITATION, SYLVAN AVENUE

WHEREAS, Boswell McClave Engineering has recommended that EstimateCertificate #2 in the amount of$61 ,871.27 he paid; and

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of theBorough ofEnglewood Cliffs, does herehy approve the payment 0['$61,871.27to M. Ingannamorte & Son for work completed on the Sewer Rehahilitation at SylvanAvenue, Stage 4B. .

On a motion by Plawker, seconded by Parisi, Resolution 02-70 was offered for adoption:

ROLLCALL:AYES:ABSTAIN:

Plawker, Murphy, Manolio, Drimones, Kasoff, ParisiNorton ..

RESOLUTION 02-70 '

RE: RETAIN BERNARD NELSON AS EXPERT TECHNICAL WITNESSNEXTEL OF NEW YORK vs. BOROUGH OF ENGLEWOOD CLIFFS

WHEREAS, the Borough of Englewood Cliffs is presently in litigation with Nextel ofNew York; and

WHEREAS, it is in the hest interest of the Borough of Englewood Cliffs to retainservices of Bernard Nelson of Cerberus Consulting Corporation to represent Englewood Cliffs asan expert witness;

NOW, THEREFORE, BE IT

RESOLVED, by the Mayor and Council of the Borough of Englewood Cliffs that theBorough does hereby retain the services of Bernard Nelson of Cerberus Consulting Corporation,2 Horizon Road, G-18, Fort Lee, New Jersey 07024, as an expert witness in the litigation betweenNextel ofNew York and the Borough of Englewood Cliffs; and

BE IT FURTHER RESOLVED that fee to be paid to Mr. Nelson are as follows:

Rates: $225/hr. + expenses for any and all work performed on the Borough'sbehalf;Court or attendance at other hearings: 8 hour minimum/day + expenses.

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2002-000145-REV1

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02-141JULy 17, 2002

On a motion by Drimones, seconded by Parisi, Re solution 02-71 wa s offered for adoption:

ROLL CALL:AYES:ABSTAlN:

Plawker, Manolio, Drimones, Kasoff, ParisiNorton

RESOLUTI ON 2002-71

RE: REMOVAL OF SIDEWALK, 267 WESTERVELT PL ACE

Mr. John J. Shepard, residing at 267 WesterveltPlace, is hereby given permission to remove thesidewalk that is located in front of his home in order to alleviate a hazardous condition.

It is to be understood that Mr. Shepard is solely responsible for the removal of the sidewalk andthe cost thereof. The Boroughof Englewood Cliffs is not responsihle for any of the costs of this project.

On a motion by Drimones, seconded by Pl awker, resolution 02-72 was offered for adoption.

ROLLCALL:AYES:ABSTAlN :

Plawker, Manolio , Drimones, Kaso ff, ParisiNorton

RESOLUTION 02-72

RESOLUTION AUTHORlZING A "DEDlCATION BY RIDER" TO THEBUDGET OF THE BOROUGH OF ENGLEWOOD CLIFFS DEDlCATEDFOR SHADE TREE REPLACEMENT PURSUANT TO N.J.S.A. 40A:4-39

WHEREAS, N J .S.A. 40a :4-39 provides for the insertion of a "Dedication By Rider" in tbeBudget of any local unit which dedicates revenues anticipated during the fiscal year, subject towritten prior consent of the Director of the Division of Local Goverrunent Services, when therevenue is not subject to reasonably accurate est imate in advance; and

WHEREAS, sucb dedicated revenues shall be appropriated for the purp ose to which said revenueis dedicated by statute or other legal requirements;

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough ofEnglewood Cliffs, County of Bergen, New Jersey, that all revenue received by the Borough ofEnglewood Cliffs, be placed in a specific trust fund and such transfer sball be considered a"Dedication by Rider" to the budget of the local unit, pursuant to NJ.S.A. 40A:4-39, for solepurpose stated above.

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2002-000146-REV1

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02-142JULY 17,2002

ORDINANCES: SECOND HEARING AND ADOPTION

COUNCILWOMAN DRIMONES CALLED UP FOR SECOND READING AN ORDINANCEENTITLED:

ORDINANCE 2002-09

AN ORDINANCE FOR REIMBURSEMENT OF COSTSIN CONNECTION WITH HAZARDOUS MATERIALSINCIDENTS OF THE BOROUGH OF ENGLEWOOD

CLIFFS, COUNTY OF BERGEN, STATE OF NEW JERSEY

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

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

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

ROLLCALL:AYES:ABSTAIN:

Plawker, Manolio, Drimones, Kasoff, ParisiNorton

ORDINANCE 2002-09

AN ORDINANCE FOR REIMBURSEMENT OF COSTS INCONNECTION WITH HAZARDOUS MATERIALS INCIDENTS

OF THE BOROUGH OF ENGLEWOOD CLIFFS,COUNTY OF BERGEN, STATE OF NEW JERSEY

BE IT ORDAINED by the Mayor and Council of the Borough of Englewood Cliffs asfollows:

Section 1. Definition

A. Hazar dons MaterialsAny material , solid, liquid or gas, listed as a hazardous substance or material

including but not necessarily limited to such substances and materials listed under N.F.P .A.Guide of Hazardous Material, the Department of Transportation Guide Book, and the List ofHazardous Substances and Toxic Pollutants designated by the Federal Environmental ProtectionAgency and the New Jersey State Department of Environmental Protection.

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2002-000147-REV1

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02-143JULy 17,2002

B. Vehicle.Any motorized equipment registered or unregistered, including but not limi ted to:

A passenger car, motorcycles, truck, tractor-trailer, constructionequipment, farm machinery, water craft, aircraft.

C. Vessel.Any container, drum, box, cylinder, bottle or tank used to hold or contain

or carry or store any Hazardous Material.

D. Expendable Items.Any item s used to ext ingui sh any fire and/or stop or contro l or containany leaks or spill invo lving any hazardous materia l which cannot bereused or cannot be replenished without c~st after that partic ular fire ,leak or spill. These include but are not restricted to fire fighting foam,chemical ext inguishing agents, absorbent material, sand, recovery drumsand specialized protective equipment' to include, but not restricted to,acid suits, acid gloves, goggles, and protective clothing.

Section 2. Reimbursable Items.

Cos ts incurred by the Borough of Englewood }:liffs and or Mid BergenHazardous Material Team and/or other Mutual Air responding units for the,following items in connection with the suppress ing, contro l or clean-up of a fire,leaking or spillage involving any hazardous substances shall be reimbursed to theBorough of Eng lewood Cliffs by the responsible parties as set forth in Sec tion 3below:

A.B.

C.D.

E.

F.

G.

Section 3.

The cost of replacement of expendable items.The expenses incurred by the Borough for wages (regular and/orovertime) pai d to its empl oyees/agents, as a result of a hazardousmateri als incident.Any and all medical costs incurred by responding personnel.Any and all environmental tests required insuring a hazardous-freeenvironment (soil-water-air).A fixe d hourly rate for the use of apparatus at incidents computed at therate of $200.00 per hour for use of Haz Mat truck to the Mid BergenHazardous Materials Team and $150.00 per hour for the use of any othervehicle to the Borough of Englewood Cliffs.Al l expenses incurred by the Mid Bergen Hazardous Materials Teamand/or other responding Mutual Aid responding uni ts.Services rendered by any recovery company, towing company or othertechnical ass istance calle d for hy the Fire Dep artment to handle suchincidents.

Parties Responsible for Reimbursement.

The following parties shall make reim bursement to the Borough of EnglewoodCliffs for any reimbursable items, as set forth above.

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2002-000148-REV1

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02-144JULy 17,2002

A.

B.

C.

D.

Section 4.

The owner or operator of any vehicle responsible for any fire, leak orspill of hazardous materials.The owner or person responsible for any vessel containing hazardousmaterial involved in any fire, leak or spill on public or private property,whether stationary or in transit, whether accidental or throughnegligence.The owner or person responsible for any property from which any leak orspill of hazardous material emanates.Any person responsible for any fire leaks or spill of hazardous materialon public or private property.

Period of Payment.

Any responsible party, as set forth in section' 3 hereof, shall reimburse theBorough of Englewood Cliffs and/or the Mid Bergen Hazardous Materials Team for the full priceof any reimbursable items used to extinguish such a fire, or' contain such a leak, or control andclean-up such a spill within forty-five (45) days after receipt of a bill for such items from theBorough of Englewood Cliffs. Billing is to include a twenty (20) percent administrative fee.

Section 5. Penalties.

Any responsible party, as set forth in section ~ hereof, who fails to reimburse theBorough of Englewood Cliffs for reimbursable items withiri the time limit set forth in section 4hereof, shall be subject to a fine of not less than $100.00 nor more than $500.00 or imprisonmentfor a period of not more than ninety (90) days, or both. Upon the failure to reimburse theBorough for such cost of such items within said forty-five (45) day period, and in addition to anypenalty provided for in Section 5 hereof, the Borough of Englewood Cliffs may take such action,as may be provided by law, to recover such costs from the responsible party.

Section 6. Inconsistent Ordinance Repealed.

All ordinances or parts thereof inconsistent herewith this Ordinance are herebysuperseded.

Section 7. Severability.

If any section or provision of this Ordinance or the application thereof beadj udged invalid or unconst itutional, preempted by Federal or State law, or otherwise invalid byany court of competent jurisdiction, the same shall not effect the validity of the Ordinance as awhole or any other section or provision hereof.

BE IT FURTHER ORDAINED that this ordinance shall take effect immediately uponfinal passage and publication in accordance with law; and

BE IT FURTHER ORDAINED that all ordinances or parts of ordinances other than thezoning ordinance of the Borough which are incoosistent with the provisions of this chapter arehereby repealed to the extend to such inconsistency; and

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BE IT FURTHER ORDAINED should any part or provision of this Ordinance be heldunconstitutional or invalid, such decision shall no affect the validity of this Ordinance as a wholeor any part thereof, other than the part held so unconstitutional or invalid.

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

COUNCILMAN MANOLIO CALLED UP FOR SECOND READING AN ORDINANCEENTITLED:

ORDINANCE 2002-10

MULTIPLE PURPOSE BOND ORDINANCE 'f0 PROVIDEFOR CERTAIN IMPROVEMENTS BY AND IN THE

BOROUGH OF ENGLEWOOD CLIFFS, IN THE COUNTYOF BERGEN, STATE OF NEW JERSEY APPROPRlATING

$665,000THEREFOR AND AUATHORlZING THEISSUANCE OF $700,000BONDS OR NOTES OF THE

BOROUGH TO FINANCE PART OF THE COST THEREOF

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

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

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

AYE: Plawker, Murphy, Manolio, Drimones, Kasoff, Parisi

ORDINANCE 2002-10

BOND ORDINANCE TO PROVIDE FOR CERTAIN IMPROVEMENTS,BY AND IN THE BOROUGH OF ENGLEWOOD CLIFFS, IN THECOUNTY OF BERGEN, STATE OF NEW JERSEY (THE"BOROUGH"); APPROPRlATING $700,000 THEREFOR ANDAUTHORIZING THE ISSUANCE OF $665,000 BONDS OR NOTES OFTHE BOROUGH TO FINANCE PART OF THE COST THEREOF.

BE IT ORDAINED AND ENACTED BY THE BOROUGH CO UNCIL OF THEBOROUGH OF ENGLEWOOD CLIFFS, IN THE COUNTY OF BERGEN, STATE OFNEW JERSEY (not less that two-thirds of all members thereof affirmatively concurring) ASFOLLOWS:

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SECTION 1. The improvement or purpose described in Section 3 of this bond ordinanceis hereby authorized to be undertaken as a general improvement or ptrrpose by the Borough ofEnglewood Cliffs, in the County of Bergen, State of New Jersey (the "Borough"). For the saidimprovement or purpose stated in Section 3, there is hereby appropriated the sum of $700,000,said sum being inclusive of all appropriations heretofore made therefor and including the sum of$35,000 as the amount of down payment for said improvement or ptrrpose required by the LocalBond Law Cas hereinafter defined) and now available therefore by virtue of provision in thecapital improvement fund of a previously adopted budget or budgets of the Borough for downpayment or for capital improvement purposes.

SECTION 2. For the financing of said improvement or purpose described in Section 3and to meet the part of said $700,000 appropriation not provided for by application hereunder ofsaid down payment, negotiable bonds of the Borough are hereby authorized to be issued in theprincipal amount of $665,000 pursuant to the Local Bond Law of the State of New Jersey(NJ .S.A. 40A:2-l et seq.). In anticipation of the issuance of said bonds and to temporarilyfinance said improvement or purpose, negotiable notes of the'Borough in the principal amount of$665,000 are hereby authorized to be issued pursuant to and within the limitations prescribed bysaid Local Bond Law.

SECTION 3. The following projects, improvements or purposes are hereby authorized:

I. Various Sewer Improvements.

(a) the improvement hereby authorized and purpose for thefinancing of which bonds or notes are to be issued is for repairs and/or replacements to sewerlines throughout the Borough, all as shown on and in accordance with the plans and specificationstherefore on file or to be filed in the Office of the Borough Clerk and available for publicinspection and hereby approved.

(b) The estimated maximum amount of bonds or notes to be issued forsaid improvement or purpose is $150,000.

(c) The estimated cost of said purpose is $165,000, the excess thereofover the said estimated maximum amount of bonds or notes to be issued therefor being theamount of $150,000, is the down payment for said purpose in the amount of $7,500.

II. Various Street and Road Repairs.

(a) The improvement hereby authorized and purpose for thefinancing of which bonds or notes are to be issued is for various street and road repairsthroughout the Borough, all as shown on and in accordance with the plans and specificationstherefore on file or to be filed in the Office of the Borough Clerk and available for publicinspection and hereby approved.

(b) The estimated maximum amount of bonds or notes to be issuedfor said improvements or purposes is $450,000.

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© The estimated cost of said purpose is $490,200 the excess thereof overthe said estimated maximum amount of bonds or notes to be issued therefo re being the amount of$450,000, is the down payment for said purpose in the amount of $22,500 .

m. Construction of Maintenance Build ing at Witte Memoria l Field.(a) The improvement hereby authori zed and purpose for the

financing of which the bonds or notes are to be issued is for the construction of a maintenancebuilding at Witte Memorial Field, all as shown on and in accordance with the plans andspecifications therefore on file or to be filed in the Office of the Borough Clerk and available forpublic inspection and hereby approved.

(b) The estimated maximum amount of bonds or notes to be issuedfor said improvements or purposes is $40,000.

© The estimated cost of said purpose is $44,800 , the excess thereofover the said estimated maximum amount of bonds or notes to be issued therefore being theamount of $40,000, is the down payment for said purpose in the amount of $2,000.

SECTION 4. In the event the United States of America, the State of New Jersey, and/orthe County of Bergen make a contribution or grant in aid to the Borough for the improvement andpurpose authorized hereby and the same shall be received by the Borough prior to the issuance ofthe bonds or notes authorized in Sect ion 2 hereof, then the amount of such bonds or notes to beissued shall be reduced by the amount so received from the United States of America, the State ofNew Jersey, and/or the County of Bergen. In the event, however, that any amount so contributedor granted by the United States of America , the State of New Jersey, and/or the County of Bergenshall be received by the Borough after the issuance of the bonds or notes authorized in Section 2hereof, then such funds shall be applied to the payment of the bonds or notes so issued and shallbe used for no other purpose. This Section 4 shall not apply, however, with respect to anycontribution or gran t in aid received by the Borough as a result of using funds from this bondordinance as "matching local funds" to receive such contribution or grant in aid.

SECTION 5. All bond anticipation notes issued hereunder shall mature at such times asmay be determined by the Chief Financial Officer of the Borough, provided that no note shallmature later than one (I) year from its date or otherwise authorized by the Local Bond Law. Thenotes shall bear interest at such rate or rates and be in such form as may be determined by theChie f Financial Officer.The Chief Financial Officer shall determine all matters in connection with the notes issuedpursuant to this bond ordinance, and the signature of the Chief Financial Offi cer upon the notesshall be conclusive evidence as to all such determinations. All notes issued hereunder may berenewed from time to time in accordance with the provisions of the Local Bond Law. The ChiefFinancial Officer is hereby authori zed and directed to sell part or all of the notes from time totime at public or private sale and to deliver them to the purchaser thereof upon rece ipt of paymentof the purchase price and accrued interest thereon from their dates to the date of delivery thereof.The Chief Financial Officer is hereby authorized and directed to report in writing to the BoroughCouncil at its meeting next succeeding the date when any sale or delivery of the notes pursuant tothis bond ordinance is made. Such report must include the principal amount, the description, theinterest rate, and the maturity schedule of the notes so sold, the price obtained and the name of thepurchaser.

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SE CTION 6. The cap ital budget of the Borough is hereby amended to conform with theprovisions of this bond ordinance and to the ext ent of any inconsistency herewith, a reso lution inthe form promul gated by the Local Finance Board showing full detail of the amended capitalbudget and capital programs as approved by the Director of the Division of Local GovernmentServices, New Jersey Department of Community Affa irs will be on file in the office of theBorough Clerk and will be ava ilable for public inspection.

SECTION 7. The following additional matters are hereby determined, declared, recitedand stated :

(a) Th e improvement or purpose described in Section 3 of this bon dordinance is not a current expense and is an improvement which the Borough may lawfullyundertake as a general improvement, and no part of the cost thereof has been or sha ll be speciallyassessed on property specially benefited thereby.

(b) The combined average period of. usefulness of said improvement orpurpose within the limitations of the Local Bond Law, acco rding to the reasonable life thereofcomputed from the date of said bonds authorized by this bond ordinance, is twelve and forty-fiveone-hundredths (12.45) years. .

(c) The Supplemental Debt Statement required by the Local Bond Lawhas been duly made and filed in the Office of the Clerk of the Borough and a complete executedduplicate thereof has bee n filed in the Office of the Director of the Division of Local GovernmentServices, New Jersey Department of Community Affairs, and such statement shows that the grossdebt of the Borough as defined in the Local Bond Law is increase d by $665,000, the amount ofthe authorization of the bonds or notes provided for in this bond ordinance , and the said bonds ornotes auth orized by this bond ordinance will be within all debt limitations pres cribed by the LocalBond Law .

(d) An amount not exceeding $66,500 for items of expense listed in andpermitted under Section 20 of the Local Bond Law is included in the estimated cost indica tedhere in for the improvement or purpose described in Section 3 hereof.

SECTION 8. The full faith and credit of the Borough are hereby pledged to the punctualpayment of the principal of and the interest on the bonds or notes authorized by this bondordinance. The bond s or notes shall be direct, unlimited ob ligations of the Borough, and theBorough shall be obligated to levy ad valorem taxes upon all the taxable property within theBorough for the payment of the bonds or notes and the interest thereon without limitation as torate or amount.

SECTION 9. The Borough rea sonably expe cts to reimburse any expenditures toward thecosts of the improvement or purpose described in Section 3 of this bond ordinance and paid priorto the issuance of any bonds or notes authorized by this bond ordinance with the proceeds of suchbon ds or notes. No funds from sources other than the bonds or notes authorized herein have beenor are reasonably expected to be reserved, allocated on a long-term basis , or otherwise set asideby the Boro ugh, or any member of the same "Controlled Group" as the Borough, within themeaning of Treasury Regulation Section '1.150-1(t) , pursuant to their bud get or financia l policieswith respect to any expenditures to be reimbursed . This Section 9 is intended to be and hereby isa declaration of the Borough's official intent to reimburse any expenditures toward the costs of

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the improvement or purpose described in Section 3 hereof to be incurred and paid prior tothe issuance of bonds or notes authorized herein in accordance with Treasury Regulation SectionI. 150-2, and no further action (or inaction) will be an abusive arbitrage device in accordancewith Treasury Regulation Section I. 148-10 to avoid the arbitrage yield restrictions or arbitragerebate requirements under Sections 142 through 147 of the Internal Revenue Code of 1986, asamended (the "Code"). The proceeds of any bonds or notes authorized herein used to reimbursethe Borough for any expenditures toward the costs of the improvement or purpo se described inSection 3 hereof will not be used direct ly or indirectly (i) to "refund" an issue of governmentalobligations within the meaning of Section 148 of the Code, (ii) to create, within one year,following the reimbursement of any expenditures of bond proceeds, "replacement proceeds"within the meaning of Treasury Regulation Section I. 148-1 of the bonds, or any othe r bondissue, or (iii) to reimburse the Borough for any expenditure or payment that was originally paidwith the proceeds of any obligation of the Borough (other than borrowing by the borough fromone of its own funds or the funds of a member of the same "Controlled Group " within themeaning of Treasury Regulation Section I. 150-1(t)). The bonds or notes authorized here in toreimburse the Borough for any expenditures toward the costs of the improvement or purposedescribed in Section 3 hereof will be issued in an amount not to exceed $665,000. The costs to bereimbursed with the proceeds of the bonds or notes authorized herein will be "capitalexpenditures" in accordance with the meaning of Section 150 of the Code. This provi sion willtake effect immediate ly, but will be of no effect with regard to expenditures for costs paid outsidethe permitted reimbursement period set forth in Treasury Regulation Section 1.150-2(d)(2) .

SECTION 10. The Borough bereby covenan ts to maintain the exclus ion from grossincome under Section 103(a) of the Code, of the interest on all bonds or notes issued by theBorough pursuant to this bond ordinance.

SECTION 11. This bond ordinance shall take effect twenty (20) days after the firstpublication thereof after final adoption, as provided by the Local Bond Law.

COMMlTfEE REPORTS :

COUNCILMAN KASOFF: Fire, Transportation, Beautification, Clean Communities

Mr. Kasoff welcomed Ms. Norton to the Council. Otherwise no report

CO UNCILMAN PARISI: Sanitation, Lighting, Planning Board

Mr.Parisi expressed that he thought Ms. Norton was a great choice to replace Mr.Murphy.

The Chamber Golf outing will be held on August 5 and the proceeds will be donated toThe Englewood Cliffs Recreation Department.

The Planning Board approved Phase II for 930-940 Sylvan Avenue. A donation of$125,000 will be made toward rehabilitation ofsanitary sewers.

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The Unilever application was held until the Septemher meeting.

The suh-di vision on Loretta was also held until the September meeting.

COUNCILMAN PLAWKER: Finance, Historical, Board of Education

Mr. Plawker attended the Englewood Council meeting where they adopted a newOrdinance creating a mixed use area offRoute 4. There will be hotels, townhouses,Offices but no retail.

COUNCILWOMAN DRIMONES: Recreation

The summer camp has 160 registrantsThe Lions Club camp has 35-40 registrants

The adult softball takes place on Monday evenings at 6 p.m .

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

The Nextel application was carried to the next meeting. I

The height variance on Ash Street was also carried.

REPORT OF BOROUGH ATTORNEY:

The Nex tel suite cha llenging the constitutionality ofour ordinance has been withdrawn.This will allow Nextel to bring an appeal to Superior Court against the Board of Adjustment.

Mr. Corri ston reporte d that he contacted the attorney for Skymark and they agreed to pay$300/lot for removed trees on the 14 lots and to place 14 shade trees, one on each lot on thesite.

The trial date for JAMAC has been set for July 25, 2002 at II a.m. He needs Mr. Hipolitto stand by in case he needs him.

REPORT OF BOROUGH ENGINEER:

The sanitary sewer projects on Hudson Terrace and Sylvan Avenue, Stage 4, has beenCompleted . We still have to do stages 5 and 6.

The road resurfacing project specs should be ready by the first week of August.

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SUPT. OF PUBLIC WORKS:

TIle monitoring wells have been tested and they tested clear.

The playground on West Bayview has been opened.

The sod at Witte Field has been watered.

CHIEF OF POLICE:

Sgts. LaRaia, Regan & Speidel have been with the department for 16 years.Captain Barrett celebrates his 33'" year.Lts. Bauernschmidt and McMorrow celebrate their 28"' years.PUs. Shaloub and Mum , 8 yearsPt!. McDermott, 3 years.

Chief Whiting reported that 2 of our officers were involved in the investigation of thehome invasion and murder which took place in Englewood.

Patrolman Wicker was instrumental in the arrest of two men at the Royal Cliffs dine whohad weapons and burglary tools in their possession.

PUBLIC PORTION: On a motion by Parisi, seconded by Manolio, the meeting was opened to thepublic. Carried.

Dr. Vidal spoke about the conditions near the construction site on Middlesex Avenue.Mr. Hipolit stated that he would call the contractor.

Ms. Breen spoke about the litter in the woods at the south end of the Citicorp property;the lights in the Citicorp parking lot; and the garbage on the corner property on VanNostrand.

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

On a motion by Norton, seconded by Parisi, the meeting was adjourned at 9:20 p.m.

ATTEST:

JOSEPH FAVARO, MUNlClPAL CLERK

APPROVED:

JOSEPH C. PARISI, MAYOR

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BOROUGH OF ENGLEWOOD CLIFFSBERGEN COUNTY, NEW JERSEY

MINUTES OF THE CAUCUS MEETING OF AUGUST 21, 2002

CALL TO ORDER AT 6:30 P.M.

PRESENT AT ROLL CALL:MayorCounc il PresidentCouncilmanCouncilwomanCouncilmanCouncilmanCouncilwoman

ALSO PRESENT:Borough AttorneyBorough EngineerChief Financial OfficerChief ofPoliceSupt. ofPublic Wo rks

MAYOR PARISI STATED:

Joseph C. Paris inan PlawkerThomas ManolioPatricia DrimonesJerry KasoffJoseph Parisi, Jr.Lynn Norton

E. Carter Corriston, Esq .Andrew Hipolit .Joseph Iannaconi, Jr.Lawrence WhitingRodney Bialko,

Adequate notice of this meeting was given to the press and posted as required. Date and time of thismeeting was legally given as required by the "Open Public Meetings Act."This notice is on file with the Muni cipal Clerk and posted on the bulletin board.Minutes of this meeting wil l be made available to the public upon the completion of typing andproofreading by the Municipal Clerk.

On a motion by Manolio, seconded by Plawker, resolution 02-81 was offered for adoption:

RO LLCALLAYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Norton

RESOL UTION 02-81RE: CLOSED SESSION

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

WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs has deemed itnecessary to go into closed session to discuss certain matters which are exempted from the public,

NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Borough ofEnglewood Cliffs will go into closed session for the following reason as outlined in N.J.S.A. 10:4­12:

Anv anticipated litigation and personnelR esign ati on of Crossing Guard

Closed session commenced at 6:05 p.m. and ended at 6:35 p.m.

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VOUCHERS WERE SIGNED BY THE FINANCE COMMITTEE.

MINUTES OF THE: Caucus Meeting ofJuly 17, 2002 and Regular Meeting ofJuly 17, 2002 wereplaced on the Regular Agenda for approval.

THE FOLLOWING REPORTS WERE PLACED ON THE REGULAR AGENDA FORAPPROVAL .

Police Report of July, 2002Court report of July, 2002Construction Code Official's Report of July, 2002 .Collector/Treasurer's Report of June, 2002

ACTION TAKEN ON THE FOLLOWING COMMUNICATIONS:

Municipal Attorney NJ State Health Benefits Program

The Municipal Attorney will be authorized to send a check in the amount of $1,500 tothe State Health Benefits for the Englewood Cliffs Experience Rate. Placed on theregular agenda for approval.

THE FOLLOWING RESOLUTIONS WERE PLACED ON THE REGULAR AGENDAFOR APPROVAL:

02-75 Drug & Alcohol Abuse, Municipal Alliance Committee02-76 Approval of Extension, United Water, Van Nostrand Avenue02-77 Order for Fire Hydrants, Van Nostrand Avenue02-78 Commemorate First Anniversary of 9/1 I02-79 Accept Donatiou to EDPD

THE FOLLOWING ORDINANCES WERE PLACED ON THE REGULAR AGENDA FORINTRODUCTION:

2002-112002-122002-13

Amend Fire Prevention CodeVacation ofportion ofHollywood AvenueBond Ordinance - Sanitary Sewer Improvements

REPORT OF STANDING COMMITTEES

ALL REPORTS TO BE GIVEN AT THE REGULAR MEETING

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NEW BUSINESS:Dead trees on PIP property (U.S. Route 9W)

Mr. Corriston recoounen ded that the Shade Tree Commission have an expert tag all the dead treesand give this list to him. He in tum will contact the Palisades Interstate Parkway Commission.

Coytesville Cemetery

Mr. Plawker reported that he, Mayor Parisi and Mr. Bialko attended a meeting with the COyleFamily, Fort Lee Historians and a Fort Lee Counci lman.The meeting was about the maintenance and the ability to enter the Cemetery facility.

Fire Truck

Mr. Kasoff will be authorized at the regular to inform the Fire Department that they should preparespecifications for the new fire truck for presentation to the Council by the end of the year.

ADJOURN: On a motion by Manolio, seconded by Pla wker, theCaucus meeting adjourned at7:55 p.m, Carried. .

ATTEST:

J OSEPH FAVARO, MUNICIPAL CLERK

APPROVED:

JOSEPH C. PARISI, MAYOR

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BOROUGH OF ENGLEWOOD CLIFFSBERGEN COUNTY, NEW JERSEY

MINUTES OF THE REGULAR MEETING OF AUGUST 21, 2002

CALL TO ORDER AT 8:00 P.M.

PRESENT AT ROLL CALL:

MayorCouncil PresidentCounc ilmanCouncilwomanCouncilmanCouncilmanCouncilwoman

ALSO PRESENT:

Municipal AttorneyMunicipal EngineerChief of PoliceSuperintendentDPVV

Joseph C. ParisiDan PlawkerThomas Mano lioPatricia DrimonesJerry KasoffJoseph Parisi, Jr.Lynn Norton'

E. Carter Corriston, Esq.AndrewHip~lit

Lawrence Whit ing,Rodney Bialko

FLAG SALUTE L EAD BY COUNCIL PRESIDENT ILAN PLAWKER

MAYOR PARISI STATED:

ADEQUATE NOTICE OF rms MEETING VVAS GIVEN TO THE PRESS AND POSTED ASREQUIRED. DATE AND TIME OF THIS MEETING VVAS LEGALLY GIVEN AS REQUIREDBY THE "OPEN PUBLIC MEETINGS ACT."THIS NOTICE IS ON FILE VVITH THE MUNICIPAL CLERK AND POSTED ON THEBULLETIN BOARD.MINUTES OF THIS MEETING VVILL BE MADE AVAILABLE TO THE PUBLIC UPON THECOMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.

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02-156AUGUST 21, 2002

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

Caucus Meeting of July 17, 2002Regular Meeting of July 17, 2002

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

Police Report of July, 2002Court Report of July, 2002Construction Code Officials Report of July, 2002Collector Treasurer's Report of June, 2002

ACTION TAKEN ON THE FOLLOWING COMMUNICATIONS:

Patricia Whiting Resignation as Crossing Guard

The resignation was accepted by the Mayor and Council.

CLAIMS:

On a motion by Plawker, seconded by Manolio, the Claims for the month of August, 2002 wereordered paid.

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

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2002-000162-REV1

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02-157AUGUST 21, 2002

RESOLUTIONS :

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

On a motion by Manolio, seconded by Drimones, Resolution 02-75 was offered for adoption:

ROLLCALL:AYES: Plawker, Murphy, Drimones, Kasoff, Parisi, Norton

RESOLUTION 02-75

RE: DRUG AND ALCOHOL ABUSE, MUNICIPAL ALLIANCE COMMITTEE,

WHEREAS, THE Mayor and Council of the Borough of Englewood Cliffs recognizethat it is in the interest of the citizens of the Borough of Englewood Cliffs to fight drug andalcohol abuse within the municipality; and

WHEREAS, it is the intention of the Borough of Englewoo d Cliffs to do everythingpossible to address these problems ; and

WHEREAS, recommendations have been made to create a drug and alcoh ol municipalalliance committee to work in conjunction with representatives of the community;

NOW , THEREFORE, BE IT RESOLVED by the Mayor and Council of the Boroughof Englewood Cliffs that a Drug and Alcohol Munic ipal Alliance Committee estab lished in 1996is hereby continued for the year 2003.

On a motion by Drimones, seconded by Kasoff, Resolution 02-76 was offered for adoption:

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

RESOLUTION 02-76

TITLE: APPROVAL OF EX TENSION

WHEREAS, SkyMark Homes II has presented to United Water New Jersey anappli cation for an extension to its distributing system, 1,110 feet of 8-inch DIP in Van NostrandAvenue between Hudson Terrace and Sylvan Avenue;

NOW, THEREFORE BE IT RESOLVED that the Mayor and Council of the BoroughofEnglewood Cliffs does hereby approve the before mentioned extension.

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02-158AU G UST 21, 2002

On a motion by Drimones, seconded by Norton, Resolution 02-77 was offered for adoption :

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

RESO L UTION 02-77

TITLE: ORDER F OR HYDRANTS

BE IT RESOLVED, that United Water New Jersey, Inc . be and it bereby is requested toerect (2) two fire bydrants at the follow ing designated places, to be used for fire purposes only,accordance with the Rules and Regulations of the Company, and its rates as set forth in itsSchedule ofRates ftIed with the Board of Public Utility Commiss ioners ofNew Jersey atTrenton, N.J.

LOCATION OF HYDRANTS

X-34962

X-34963

N/S ofVan Nostrand Avenue 4 15' W/O Hudson Terrace

N/S ofVan No strand Avenue 815' W/O Hudson Terrace

On a motion by Manolio, seconded by K asoff, R esolution 02-78 was offered for adoption:

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

RESOLUTION 02-78

RE: RESOLUTION TO COMMEMORATE THE FIRST ANNIVERSARY OF THETERRORIST ATTACK ON AMERICA

WHEREAS, on September I I, 2001, terrorists hijacked four civilian aircraft, crashing two into the WorldTrade Center in New York City, a third into the Pentagon outside of Washington, D.C., and a fourth intothe countryside of Pennsylvania; and

WHEREAS, thousands of innocent people, includ ing Ame ricans ofe very heritage and visitors to ourshores, were killed and injured as a result of these wicked and reprehensible attacks, including thepassengers and crews of the aircraft, workers in the World Trade Center and the Pentagon, bystanders,tourists and rescue workers; and

WHEREAS, these attacks were the deadliest assaults ever launched against the United Slates, and, bytargeting symbols of American strength and success, were clearly intended to intimidate our Nation andweaken its resolve ;

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of EngJewood Cliffs,that we extend our deepest cond olences to the victims of these heinous and ungodl y actions, as we ll as totheir families and their friends; and be it further

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02-159AUG UST 21, 2002

RESOLVED , that we commend the heroic actio ns ofthe passengers and crews of the aircraft, the rescueworkers, the volunteers , the local officials, and so many of the victims, themselves, who responded to thesetragic events with courage, compa ssion, determination and skill; and be it further

RESOLVED, that we do coodemn and denounce the terrorists who planned and executed this devasta tion,as well as their coward ly sponso rs and accomplices; and be it further

RESOLVED, that we thank those foreign leaders and individuals who have expressed solidarity with theUnited States in the aftermath of the attacks, and be it further

RESOLVED , that we support our President, his Cabinet, our Armed Forces, our Federal, State and locallaw enforcement agencies and Congress in their efforts to bring justice to the perpetrators of these attacks,and to their accomp lices and sponsors; and be it further

RESOLVED, that we stand ready, with Governor McGree vey and his Administration to share whatever ofour resources may be needed for the on-going recovery efforts, as w'ell as with any agencies charged withthe investigation of this mass murder and the apprehension of the responsible parties; and be it further

RESOLVED, that the Borough of Englewood Cliffs does so hereby. designat e September 11,2002 as"Always Remember Day" in commemoration of the innocent victims and the intrepid heroes of the terroristattack on the United States which took place on September II , 2001 ; and be it further

.'

RESOLVED , that all persons within this municipality are urged to;honor these victims by appropriatedisplays of our flag and of red, white, and blue ribbons, and that a copy of this resolution be sent to theNew Jersey State League of Municipalities.

On a motion by Manolio, seconded by Norton, R esolution 02-79 w as offered for adoption:

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

RESOLUTION 02-79

TITLE: A C C E P T DONATION TODEPARTMENT

ENGLEWOOD CLIFFS POLICE

WH EREAS, Rhoda L. Feldman, 304 Castle Drive, Englewood Cliffs, New Jersey, hasdonated $1,000.00 to the Englewood Cli ffs Police Department; and

WHEREAS, a check in the amoun t of $1, 000.00 has been received by the Borough andhas been deposited in the Borough 's account;

NOW , THEREFORE,

BE IT RESO L YED that the Engle wood Cliffs Mayor and Council does bereby acceptthe ge nerou s donation of Rhoda L. Feldman ., to the Englewood Cli ffs Police D epartment.

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02-160AUGUST 21, 2002

ORDINANCES: FOR INTRODUCTION

COUNCILMAN MANOLIO INTRODUCED AN ORDINANCE ENTITLED:

ORDINANCE 2002-11

AN ORDINANCE AMENDING CHAPTER XVII,FlRE PREVENTION

OF THE BOROUGH OF ENGLEWOOD CLIFFS,COUNTY OF BERGEN, STATE OF NEW JERSEY

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 ordinancebe adopted on first reading and published in the Press Journal on August 29, 2002.

The public hearing to be held on September 18, 2002. Motion was seconded by CouncilwomanDrimones.

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

ROLL CALL:AYES: Plawker, Manolio, Drimones, Kasoff, Parisi, Nbrton

COUNCILWOMAN NORTON INTRODUCED AN ORDINANCE ENTITLED:

ORDINANCE 2002-12

AN ORDINANCE VACATING A CERTAIN PORTIONOF HOLLYWOOD AVENUE IN THE

BOROUGH OF ENGLEWOOD CLIFFS

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 ordinancebe adopted on first reading and published in the Press Journal on August 29, 2002.

The public hearing to be held on September 18, 2002. Motion was seconded by Counc ilmanPlawker.

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

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

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2002-000166-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-161AUGUST 21, 2002

COUNCILMAN MANOLIO INTRODUCED AN ORDINANCE ENTITLED:

ORDINANCE 2002-13

BOND ORDINANCE TO PROVIDE FOR CERTAIN IMPROVEMENTS,BY AND IN THE BOROUGH OF ENGLEWOOD CLIFFS, IN THE

COUNTY OF BERGEN, STATE OF NEW JERSEY, APPROPRIATING$1,000,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF$950,000 BONDS OR NOTES OF THE BOROUGH TO FINANCE

PART OF THE COST THEREOF.

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 ordinancebe adopted on first reading and published in the Press Journal on August 29, 2002.

The public hearing to be held on September 18, 2002. Motion was seconded by CouncilwomanDrimones.

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

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

COMMITTEE REPORTS:

COUNCILMAN KASOFF: Fire, Transportation, Beautification, Clean Communities

The Volunteer Fire Department was involved in four major altercations:An explosion at the Englewood Boat BasinThe electrical storm on Friday nightA gas main leak at St. Michaels VillaA diesel oil spill on Hudson Terrace

COUNCILWOMAN NORTON:

No Report

COUNCILMAN PARISI:

Sanitation, Lighting

Police, Planning Board, Legal

Councilman Parisi reported that Pt!. Rushworth has been on the force for 15 years.The Police Department received a letter of thanks from Pat Segalla for the NationalNight out.

On a motion by Parisi, seconded by Manolio, the Municipal Attorney and Chief ofPolic eWere authorized to check into the parking along VanNostrand Avenue.

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2002-000167-REV1

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02-162AUGUST 21, 2002

On a motion by Parisi, seconded by Manolio, the Municipal Attorney was authorized topurchase the Englewood Cliffs experience rate from the NJ Health Benefits in the amountof$I ,500.

The Chamber of Commerce held its golf outing. All monies will be given to the EnglewoodCliffs recreation department after the Outing has its audit.

COUNCILMAN PLAWKER: Finance, Historical, Board ofEducation

All articles for the Views on the Cliffs are due.

COUNCILWOMAN DRIMONES : Recreation

The fall soccer registration is taking place now.

COUNCILMAN MANOLIO:

No report

DPW, Building & Grounds , Recycling, Bd. OfAdj.

REPORT OF BOROUGH ATTORNEY:

No report

REPORT OF BOROUGH ENGINEER:

Bids for the 2002 Road Improvement program will be received on Augus t 27 at 10:00 a.m.We will schedule a special meeting for August 28 for the awarding of the bid.

DEPARTMENT OF PUBLIC WORKS:

Mr. Bialko reported that it had been a very busy month with storm, oil spills, gas main leaks.

NEW BUSINESS:

On a motion by Kasoff, seconded by Manolio, the Volunteer Fire Department wasauthorized to prepare the specifications for the new fire truck. The specs should be ready by January,2003. Carried.

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

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

On a motion by Manolio , seconded by Drimones, the meeting was adjourned at 8:40, p.m.

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2002-000168-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-163AUGUST 21, 2002

ATTEST:

JOSEPH FAVARO, MUNICIPAL CLERK

APPROVED:

JOSEPH C. PARISI, MAYOR

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2002-000169-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-164BOROUGH OF ENGLEWOOD CLIFFS

NEW JERSEY

MINUTES OF THE SPECIAL MEETING OF THE MAYOR AND COUNCn..

DATE: AUGUST 28, 2002

P URPOSE: AWARDING O F BIDS

CALL TO ORDER AT:

PRESENT AT ROLL CALL:

MAYORCOUNCIL PRESIDENTCOUNCILMANCOUNCILWOMANCOUNCILMANCOUNCILMANCOUNCILWOMAN

ALSO PRESEN T:

MUNICIPAL ENGINEER

JOSEPH C. PARISIILAN PLAWKERTHOMAS MANOLIOPATRICIA DRIMONESJERRYKASOFFJOSEPH PARISI, JR.LYNN NORTCm'

ANDREW HIPOLIT

OPEN PUBLIC MEETINGS ACT STATEMENT:

"ADEQUATE NOTICE OF THIS SPECIAL MEETING WAS GIVEN TO THE RECORD ANDPRESS JOURNAL AND POSTED AS REQUlRED.DATE AND TIME OF THIS SPECIAL MEETING WAS LEGALLY GIVEN AS REQUlRED BYTHE "OPEN PUBLIC MEETINGS ACT. "rms NOTICE IS ON FILE WITH THE BOROUGH CLERK AND POSTED ON THEBULLETIN BOARD.

The Municipal Clerk presen ted the bid results to the Mayor and Council.

Bid #1: Rubber Tired Articulated Tool Canier.One Bid was received from Foley Inc. in the amount of $102,000 which amount wa s found to bewithin the amount budgeted for the purchase.

On a motion by Manolio, seconded by Drimones, resolution 02-82 was offered for adopti on.

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2002-000170-REV1

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02-165AUGUST 28, 2002

RESOLUTION 02-82

RESOLVED ,

WHEREAS, the Borough of Englewood Cliffs has received bids for an ARTICULATEDRUBBER TIRED CARRIER; and

WHEREAS, the bids have been reviewed by the Superintendent ofPublic Works; and

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

WHEREAS, FOLEY INC. has provided the lowest total cost in the amount of$102,000.00 and is the lowest responsible bidder for the ARTICULATED RUBBER TffiEDCARRIER; AND

WHEREAS, it is the recommendation of the Superintendent of Public Works that thecontract be awarded to Foley Incorporated, 855 Centennial Avenue, Piscataway, NJ 08855-1555 ;

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

award the contract for an Articulated Rubber Tired Carrier to Foley Incorporated in the amount of$102,000.00 and that the Borough Attorney is hereby authorized and directed to prepare theappropriate agreement therefor.

Bid #2: 2002 Road Improvement Program

The Municipal Engineer requested that be be allowed to speak to the low bidder to ascertain whetheror not the low bidder would be able to complete that project in the time frame allowed in thespecifications. He stated that he would speak to the low bidder on Thursday or Friday and requestedthat this meeting be continued to Tuesday, September 3, 2002.

On a motion by Mano lio, seconded by Drimones, the meeting was continued to September 3, 2002 at9:00 a.m. in the Council Chambers. Carried.

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2002-000171-REV1

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02-166SEPTEMBER 3, 2002

Continuation ofmeeting ofAugust 8, 2002

Time: 9:00 a.m.

Present:

Absent:

Joseph C. Parisi, MayorThomas Manolio, CouncilmanJerry Kasoff, CouncilmanJoseph Parisi, Jr., CouncilmanLynn Norton, Councilwoman

nan Plawker, Council PresidentPatricia Drimones, Councilwoman

On a motion by Manolio, seconded by Kasoff, Resolution 02-83 was offered for adoption:

ROLLCALL:AYES:ABSENT:

Manolio , Kasoff, Parisi, NortonPlawker, Drimones

RESOLUTION 02-83

RE: AWARD BID - 2002 ROAD IMPROVEMENT PROGRAM

WHEREAS, the Borough of Englewood Cli ffs has rece ived bids for the 2002 RoadImprovement Program; and

WHEREAS, the bids have been reviewed by the Municipal Engineer; and

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

WHEREAS, SMITH SO NDY ASPHALT CONSTRUCTION COMPANY hasprovided the lowest total cost in the amount of $462,484.55 (Includes Base Bid, Alternates B, D,& E) and is the lowest responsible bidder for the 2002 Road Improvement Program ; and

WHEREAS, it is the recommendation of the Municipal Engineer that the contract beawarded to Smity Sondy Asphalt Construc tion Company;

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council does herebyaward the contract for the 2002 Road Improvement Program to Smith Sondy AsphaltConstruction Company, 150 Anderson Avenne, Wallingto n, NJ 07057 in the amount of$462,484.55 [Base Bid, Alternates B, D & E) and that the Borough Attorney is hereby authorizedand directed to prepare the appropriate agreement therefor.

On a motion by Manolio, seconded by Kasoff, the meeting adjourned at 9: I0 a.m.

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ArrEST:

JOSEPH FAVAROMUNlCIPAL CLERK

SEPTEMBER 3, 2002

APPROVED:

JOSEPH C. PARISI, MAYOR

02-167

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2002-000173-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-168

BOROUGH OF ENGLEWOOD CLIFFSBERGEN COUNTY, NEW JERSEY

MINUTES OF THE CAUCUS MEETING OF SEPTEMBER 18, 2002

CALL TO ORDER AT 6:30 P.M.

PRESENT AT ROLL CALL:MayorCouncil PresidentCouncilmanCouncilwomanCouncilmanCouncilmanCouncilwoman

ALS O PRESENT:Borough AttorneyBorough EngineerChief ofPoliceSupt. of Public Works

MAYOR PARISI STATED:

Joseph C. Parisillan PlawkerThomas ManolioPatricia DrimonesJerry KasoffJoseph Parisi, Jr. .Lynn Norton

E. Carter Corriston, Esq.Andrew HipolitLawrence WhitingRodney Bialko

Adequate notice of this meeting was given to the press and posted as required . Date and time of thismeeting was legally given as required by the "Open Public Meetings Act."This notice is on file with the Municipal Clerk and posted on the bulletin board.Minutes of this meeting will be made available to the public upon the completion of typing andproofreading by the Municipal Clerk.

On a motion by Council President Plawker, seconded by Councilman Parisi the following resolutionwas read;

Resolution 02-85

Whereas, NJSA 10:4-12 allows for a public body to go into closed session during a publicmeeting, and

Whereas, the Mayor and Council of the borough of Englewood Cliffs bas deemed necessaryto 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 EnglewoodCliffs will go into closed session for the following reason as outlined in NJSA 10:4-12:

Any matter involving employment, of any specific prospective employee

School Crossing Guard

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

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2002-000174-REV1

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02-169SEPTEMBER 18, 2002

A motion was made Parisi, seconded by Norton, to return to the open work session. Carried.

VOUCHERS WERE SIGNED BY THE FINANCE COMMITTEE.

MINUTES OF THE: Caucus Meeting of August 21,2002 and Regular Meeting of August 21,2002 were placed on the Regular Agenda for approval.

THE FOLLOWING REPORTS WERE PLACED ON THE REGULAR AGENDA FORAPPROVAL.

Police Report of August, 2002Court report of August, 2002Construction Code Official's Report of August, 2002Col lector/Treasurer's Report of July, 2002

ACTION TAKEN ON THE FOLLOWING COMMUNICATIONS:

MEUIF Employment Practices Liability

On motion by Parisi, seconded by Plawker, Councilman Parisi will look into how many officials willbe attending the JIF meeting at the League ofMunicipalities Conference . Carried

•THE FOLLOWING RESOLUTIONS WERE PLACED ON THE REGULAR AGENDAFOR APPROVAL :

02-84 Public Purchasing Agreement with Bergen County02-86 Accept Donation from Chamber ofCommerce to Recreation Department02-87 Order for Hydrants - Summit Street

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

2002-112002-122002-13

Amend Fire Prevention CodeVacate a portion ofHollywood AvenueBond Ordinance - Sanitary Sewer Improvements

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2002-000175-REV1

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02-170SEPTEMBER 18, 2002

ADJOURN: On a motion by Manolio, seconded by Norton, the meeting was adjourned at7:30 p.m, Carried.

ArrEST: APPROVED:

DEBORAH FEBRE, DEPUTY MUNlClPAL CLERK JOS EPH C. PARtSI, MAYOR

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2002-000176-REV1

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02-171

BOROUGH OF ENGLEWOOD CLIFFSBERGEN COUNTY, NEW JERSEY

MINUTES OF THE REGULAR MEETING OF SEPTEMBER 18, 2002

CALL TO ORDER AT 8:00 P.M.

PRESENT AT ROLL CALL:

MayorCouncil PresidentCounc ilmanCouncilwomanCouncilmanCouncilmanCouncilwoman

ALSO PRESENT:

Municipal AttorneyMunicipal EngineerChiefofPolice

Joseph C. ParisillanPlawker1110mas Manol ioPatricia DrimonesJerry KasoffJoseph Parisi, Jr.Lynn Norton. .

E. Carter Corriston, Esq.Andrew HipolitLawrence Whiting

FLAG SALUTE LEAD BY CO UNClL PRESIDENT lLAN PLAWKER

MAYORPARlS1STATED:

ADEQUATE NOTICE OF rms MEETING WAS GIVEN TO THE PRESS AND POSTED ASREQUIRED. DATE AND TIME OF rms MEETING WAS LEGALLY GIVEN AS REQUIREDBY THE "OPEN PUBLIC MEETINGS ACT."rms NOTICE IS ON FILE WITH THE MUNICIPAL CLERK AND POSTED ON THEBULLETIN BOARD.MINUTES OF rms MEETING WILL BE MADE AVAlLABLE TO THE PUBLIC UPON THECOMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.

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2002-000177-REV1

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02-172SEPTEMBER 18, 2002

MINUTE S OF THE FOLLOWING MEETINGS WERE ACCEPTED AS PRESENTED ONA MOTION BY MANOLIO, SECONDED BY NORTON , AND CARRIED.

Caucus Meeting of August 21, 2002Regular Meeting ofAugust 21, 2002

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

Police Report ofAugus t, 2002Court Report of August, 2002Construction Code Officials Report of August, 2002Collector Treasurer 's Report ofJuly, 2002

CLAIMS :

On a motion by Plawker, seconded by Norton, the Claims for the month of September, 2002 wereordered paid.

Ayes: Plawker, Manolio, Drimones, Kasoff, Parisi, Ndrton

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2002-000178-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-173SEPTEMBER 18, 2002

RESOLUTIONS:

MAYOR PARISI STATED: "IF ANYONE WISHES TO COMMENT ON ANY RESOLUTIONTO BE ACTED ON THIS EVENING, THEY MAY DO SO AT THIS TIME."

The Mayor asked the Deputy Clerk to announce that an additional resolution 02-88 was added to theagenda. The resolution was read in consideration of the fact that a copy was not available to thepublic prior to the meeting.

On a motion by Parisi, seconded by Drimones, the meeting was opened to the general public forcomment.

Dr. Sank inquired as to the circumstances that lead to a crossing guard being hired at this time perresolution 02-88. Mayor Parisi explained that there was a vacancy in the position and that it neededto be filled as soon as possible.

There were no other comments regarding any of the resolutions.

On a motion by Drimones, seconded by Manolio, Resolution 02-84 was offered for adoption:

ROLLCALL:AYES: Plawker, Murphy, Drimones, Kasoff, Parisi, Norton

RESOLUTION 02-84

RE: A RESOLUTION AUTHORIZING THE BOROUGH OF ENGLEW OOD CLIFFSTO ENTER INTO A COOPERATIVE PRICING AGREEMENT #ll-BeCCP

WHEREAS, NJ.S.A. 40a:11-11(5) authorizes contracting units to enter into Coope rativePricing Agreements; and

WHEREAS, the COUNTY OF BERGEN hereinafter referred to as the "Lead Agency" hasoffered voluntary participation in a Coopera tive Pricing System for the purchase of work,materials and supplies; and

WHEREAS, THE BOROUGH OF ENGLEWOOD CLIFFS, County of Bergen, State of NewJersey, desires to partic ipate in the COUNTY OF BERGEN COOPERATIVE PRICINGSYSTEM #1l -BeCCP.

NOW THEREFO RE, BE IT RESOLVED on the 18" Day of September, 2002, the Mayor andCouncil of the Borough of Englewood Cliffs, County of Bergen, State of new Jerse y, as follows :

TITLE

This Resolution shall be known and may"be cited as the Cooperative Pricing Reso lution of theBorough of Englewood Cliffs.

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2002-000179-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-174SEPTEMBER 18, 2002

AUTHORITY

Pursuant to the provisions ofN.J.S.A. 40A:ll-ll(5), the Mayor of the Borough of EnglewoodCliffs is hereby authorized to enter into a Cooperative pricing Agreement with the Lead Agency.

CO NTRACTING UNIT

The Lead Agency entering into contracts on behalf of the Borough of Englewood Cliffs shall beresponsible for complying with the provisions of the Local Public Contacts Law (NJ .S.A.40A: l l -l et seq) and all other provisions of the revised statutes of the State of New Jersey.

EFFECTIVE DATE

This resolution shall take effect immediately upon passage.

On a motion by Drimones, seconded by Norton, Resolution 02-86 was offered for adoption:

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

RESOLUTION 02-86

TITLE: ACCEPT DONATION TO ENGLEWOOD CLIFFS RECREATIONDEPARTMENT

WHEREAS, Englewood Cliffs Chamber of Commerce has donated $3,000.00 to theEnglewood Cliffs Recreation Department; and

WHEREAS, a check in the amount of $3,000.00 has been received by the Borough andhas been deposited in the Borough' s account;

NOW, THEREFORE,

BE IT RESOLVED that the Englewood Cliffs Mayor and Council does hereby acceptthe generous donation of Englewood Cliffs Chamber of Commerce.

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2002-000180-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-175SEPTEMBER 18, 2002

On a motion by Manolio, seconded by Drimones, Resolution 02-87 was offered for adoption:

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

RESOLUTION 02-87

TITLE: ORDER FOR HYDRANTS

BE IT RESOLVED, that United Water New Jersey, Inc, be and it hereby is requested toerect (1) one hydrants at the following designat ed places, to be used for fire purposes only,accordance with the Rules and Regulations of the Company, and its rates as set forth in itsSchedule of Rates filed with the Board ofPublic Utility Commiss ioners of New Jersey atTrenton, N,J,

LOCATION OF HYDRANTS

X-35058 W/S of Summit Street at the end of the cul-de-sac.nt theS/W corner of the Easement and #5 Summit Street

On a motion by Manolio, seconded by Plawker, resolution 02-89 was offered for adoption:

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

RESOLUTION 02-89

TITLE: APPROVAL OF EXTENSION

WHEREAS, The Frederic Companies has presented to United Water New Jersey anapplication for an extension to its distributing system, consisting of 50 feet of 12 inch pipe and630 feet of 8 inch pipe in Summit Street, Englewood Cliffs, New Jersey;

NOW, THEREFORE BE IT RESOLYED that the Mayor and Council of the Boroughof Englewood Cliffs does hereby approve the before mentioned extension,

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2002-000181-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-176SEPTEMBER 18, 2002

On a motion by Manolio, seconded by Plawker, Resolution 02-88 was offered for adoption:

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

RESOLUTION 02-88

TITLE: HIRING OF CROSSING GUARD

BE IT RESOLVED, that the Mayor and Council of the Borough of Englewood Cliffsauthorize the hiring of Susana Gurtman as a School Crossing Guard, pending further investigationof her qualifications by the Englewood Cliffs Police Department.

ORDINANCES: SECOND HE ARING AND ADOPTION

COUNCILMAN MANOLIO CALLED UP FOR SECOND READING AN ORDINANCEENTITLED:

ORDINANCE 2002-11

AN ORDINANCE AMENDING CHAPTER XVII,FIRE PREVENTION OF THE BOROUGH OF

ENGLEWOOD CLIFFS, COUNTY OF BERGEN,NEW JERSEY

The clerk presented affidavit of publication, showing that advertisement had been made according tolaw, which was ordered filed. Councilman Manolio moved a public hearing be held on theordinance. So ordered. Councilman Manolio moved the clerk read the ordinance by title on secondreading. So ordered. The clerk thereupon read the ordinance by title. The mayor then announcedthat all interested parties would now be given opportunity to be heard for or against the adoption ofthe ordinance.

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

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

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

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2002-000182-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-177SEPTEMBER 18, 2002

ORDINANCE 2002-11

AN ORDINANCE AMENDING CHAPTER xvn,FIRE PREVENTION

OF THE BOROUGH OF ENGLEWOOD CLIFFS,COUNTY OF BERGEN, NEW JERSEY

BE IT ORDAINED by the Mayor and Council of the Borough of Englewood Cliffs asfollows:

17-1 throu gh 17.8 should be deleted (repeal ed by Ordinance #8522)

17-9.6 Organization. The local enforcing agency established by subsection 17-9.3 shall be part of the Englewood Cliffs Fire Departm ent and shall be under the supervision andcontrol of the fire official, who shall report to the Chief of the'Fire Department.

17-9.8 Inspectors - Emplovees. Such inspectors and other employees as may beneces sary for the local enforcing agency to properly carry out its responsibilities shall beappointed on an annual basis by the Mayor and Council of the Borough upon recommendation ofthe Fire Official. The Mayor and Council shall designate the salaries to by paid to inspectors orothe r employees.

17-9.10 Removal From Office. The Fire Official, inspectors and otheremployees of the enforcing agency shall be subject to removal by the governing body of theBorough for inefficiency or misconduct. Each inspector or employee to be so removed shall beafforded an opportunity to be heard by the appointing authority or a designated hearing officer.

17-9.12 Addi tional Required Inspections and Fees. In addition to the inspectionand fees required pursuant to the Act and the regulations of the Department of CommunityAffairs, the following additional inspections and fees shall be required.

a. Annual inspection of all buildings under 5,000 gross square feet not requiring Stateregistration. Inspection fee to be seventy-five ($75.00) annually.

b. Annual inspection of all buildings over 5,000 gross square feet and under 25,000 grosssquare feet not requiring State registration. Inspection fee to be ninety ($90.00) annua lly.

c. Annual inspection of all buildings over 25,000 gross square feet and under 100,000gross square feet not requiring State registration. Inspection fee to be one hundred fifty ($150.00)dollars annually.

d. Annual inspect ions of all buildings over 100,000 gross square feet and under 250,000gross square feet not requiring state registration. Inspection fee to be two hundred forty($240.00) dollars.

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2002-000183-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-178SEPTEMBER 18, 2002

e. Annual inspections of all buildings over 250,000 gross square feet and under 400,000gross square feet not requiring state registrat ion. Inspection fee to be four hundred fifty ($450.00)dollars .

The agency shall notify the building owner in writing of the annual fee, which shall bepaid to the local agency within 30 days of notifications. Any non-payment of fees hereundershall result in a violation of this section and any violation shall subject the offender to aPENALTY of not less than two hundred fifty ($250.00) dollars.

17-9.13 Certificate of Fire Code Status. Upon request of the owner or bona fidepurchaser of a building or structure, the enforcing agency having jurisdiction over the building orstructure shall issue a certificate, either enumerating the violations indicated by its record to beunabated and the penalties or fees indicated therefor, to be unpaid or stating that its recordindicates that no violations remain unabated and no penalties or fees remain unpaid. The fee forsuch service shall be thirty five ($35.00) dollars.

17-9.14 Permits. The Application fees for permits as listed in N.J.A.C.5:70.2.9(c) of the Uniform Fire Code of the slate ofNew Jersey.

17-9.15 Technical Amendments to the Uniform Fire Code State ofNew Jersey.Subchapter 3. State Fire Prevention Code.

F-311.0 Fire Lanes of the "State Fire Prevention Code" shall be deleted in itsentirety and replaced by the following sections:

F-311.3.2 Signs. Meta l signs shall be a minimum of 12 inches by 18 inches indimension with reflective red letters stating "No Parking Fire Zone" or "No Parking Fire Lane"on a white background. The sign shall be posted a minimum of seven (7) feet above grade levelfacing approaching traffic. Sign placement shall be determined by the Fire Official.

F-31 1.5 Jurisdiction. The Englewood Cliffs Fire Prevention Office and thePolice Department of the Borough of Englewood Cliffs shall have concurrent jurisdiction toenforce Section F-311.4.

F-311.6 Violations. Any person, firm or corporation who shall violate any of theprovisions of Section F-311.4 (Fire Lanes) shall, upon the first conviction thereof, be punished bya fine of $50.00. Same may be payable through the Violations Bureau. For each and everysubsequent offense, the violation shall be fined not less than $50.00, nor in excess of $500.00, orby imprisonment in the County Jail for a period not to exceed 90 days, or by both such fines andimprisonment. Each day that the violation exists shall be deemed and taken to be separate anddistinct offense which separate penalties may be imposed.

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2002-000184-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-179SEPTEMBER 18, 2002

The following sha ll be added afte r Section F-504.5 of the "State FirePrevention Code"

F-504.6 Key Box. Any building other than a residential building which has a firealarm system or other fire protection system, the fire official may require a secure key box whereimmediate access is necessary for life saving or fire fighting purposes. The key box shall be atype approved by the Fire Official, and shall be installed in a location approved by the fireofficial. Such Key Box shall contain the following:

a. Keys to locked points of egress whether interior or exterior of such buildings.

b. Keys to locked mechanical equipment rooms.

c. Keys to locked electrical rooms.

d. Keys to elevator controls.

e. Keys to other areas as directed by the Fire Official.

The following shall be added after section F-5l8 .4 General, of the "State Fire PreventionCode".

F-5l 8.5 "Fire Department Connections: They shall be painted as follows:

Serving standpipe or fire pump only: Bright red.

Service automatic sprinklers throughout the building: Bright green.

Serving sprinklers covering less than the entire building : Aluminum.

Serving a combined sprinkler and standpipe system throughout thebuilding: Yellow.

BE IT FURTHER ORDAINED that this ordinance shall take effect immediately uponfinal passage and publication in accordance with law; and

BE IT FURTHER ORDAINED that all ordinances or parts of ordinances other than thezoning ordinance of the borough which are inconsistent with the provisions of this chapter arehereby repealed to the extent of such inconsistency; and

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

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

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2002-000185-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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..

02-180SEPTEMBER 18, 2002

COUNCILMAN PARISI CALLED UP FOR SECOND READING AN ORDINANCEENTITLED:

ORDINANCE 2002-12

AN ORDINANCE VACATING A CERTAIN PORTIONOF HOLLYWOOD AVENUE IN THE BOROUGH

OF ENGLEWOOD CLIFFS

The clerk presented affidavit of publication, showing that advertisement had been made according tolaw, which was ordered filed. Council President Plawker moved a public hearing be held on theordinance. So ordered. Council President moved the clerk read the ordinance by title on secondreading. So ordered. The clerk thereupon read the ordinance by title. The mayor then announcedthat all interested parties would now be given opportunity to be heard for or against the adoption ofthe ordinance.

The following people spoke on the ordinance:Michael Lubin, Esq. representing Mr. And Mrs. Porrino ofHollywoorl Avenue, Englewood CliffsJohn Schepesi, Esq. representing Unilever Corporation of Sylvan Avenue, Englewo od CliffsAlan Dorfman, Real Estate Agent representing Porrinos ofHollywood Avenue, Englewood CliffsElizabeth Sciacca of Englewood CliffsDiane Sank of Charlotte Place, Englewood Cliffs

Mr. Lubin objected to the ordinance stating that his clients, the Porrinos, were unable to attend themeeting, therefore he was objecting on their behalf. He slated that in his opinion the ordinance wasnot in the best interest of the public. He also stated that he believed this ordinance would affect thebuffer zone next to his clients property in particular five trees.

Councihnan Parisi slated that the street being vacated would remain in the same state it is now andthat the vacating of the street does not affect the buffer zone. The issue of the five trees is an issuethat was addressed at the planning board meeting.

Mr. Schepesi spoke on behalf ofUnilever. He was in favor of the ordinance.

Borough Attorney, E. Carter Corriston noted that the vacating of the street will prevent anypossibility of that street ever becoming a through street.

Mr. Dorfman objected to the ordinance. He is a residential broker. His opinion was that even thoughthe Porrinos are gaining 1000 sq. ft. ofproperty, the property has utility poles and wires.

Mr. Schepesi commented that the Borough of Englewood Cliffs would no longer be responsible forthe portion ofHollywood Avenue to be vacated.

Ms. Sciacca asked for clarification regarding the additional property to be gained by Unilever and thePorrinos.

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2002-000186-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-181SEPTEMBER 18, 2002

Dr. Sank asked if Hollywood Avenue was a paper street. Her opinion was that the ordinance wasshort sighted. She asked how much the increase in property tax would be for Unilever. She alsonoted that the low taxes in Englewood Cliffs are fantastic.

After all interested parties had spoken on the ordinance, Councilman Manolio moved the hearing heclosed. So ordered.

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

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

ORDIN ANCE 2002-12 '

AN ORDINANC E VACATIN G A CERTAIN PORTION OF HOLLYWOODAVENUE IN THE BOROUGH OF ENGL,EWOOD CLIFFS

WHEREAS, it has been determined by the Governing Body of the Borough ofEnglewood Cliffs that a certain portion of Hollywood Avenue is no longer needed for public useand can be vacated; and

WHEREAS, that portion of Hollywood Avenue no longer needed for public use is asmore particularly described in the legal description set forth in Section 5; and

WHEREAS, said portion of Hollywood Avenue is no longer needed for pub lic street orhighway use within the Borough of Englewood Cliffs; and

WHEREAS, the best interests of the public would be served by releas ing and vacatingthe described portion of Hollywood Avenue and causing this property to be added to the tax rollsof the municipality;

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OFTHE BOROUGH OF ENGLEWOOD CLIFFS, BERGEN COUNTY, NEW JERSEY, inaccordance with N.J .S.A. 40:67-1, et seq., as follows:

SECTION I. That portion ofHollywood Avenue, as describ ed in Section 5 is herebyvacated as a public street and the rights of the public are hereby released and extinguishedtherefrom, except as hereinafter provided.

SECTION II. The vacation of Hollywood Avenue as set forth in Sections 5 is subjectto all of the rights and privileges presently possessed by all public utilit ies as defined in N.J.S.A.48:2-13, et seq., by any cable television company as defined in the Cable Television Act, NJ.S.A.48:5A-I , et seq., by the Borou gh of Englewood Cliffs, the Bergen Utilities Authority, UnitedWater, Verizon, PSE & G and their successors and/or assigns.

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2002-000187-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-182SEPTEMBER 18, 2002

SECTION m. The rights and privileges hereby reserved are those rigbts and privilegesto maintain, repair and replace any and all existing facilities includin g, but not limited to, suchutility line; including gas, electric , water and telephone, cable line, sanitary and storm sewersystems adjacent to, in, under, or over the port ion of Hollywood Avenue hereby vacated as setfroth in Sections 5 and 6.

SECTION IV. This vacation is further subject to the following; 10 the event theproperty owner of Block 910, Lot 1 or Block 808, Lot 9 precludes vehicul ar traffic from enteringthat portion ofHollywood Avenue being vacated, then such property owners shall cause a cul-de­sac to be constructed at their own cost and expense to permit vehicles that exit Sylvan Avenueonto the unvacated portion of Hollywood Avenue to turn around and return to Sylvan Avenue.Said cul-de-sac shall meet all municipal requirements and the plans for same must be submittedto and approved by the Borough Engineer prior to any closure to vehicular traffic to that portionof the roadway being vacated.

SECTION V. The premises to be hereb y discharged, released or vacated are describedas follows:

Beginning at a point on the southerly side of Hollywood Ave. (50.00 ft. wide) whichpoint is 153.09 ft. westerly form the intersection of the westerly side of Sylvan Avenue (alsoknown as U.S. Route 9W) (80 ft . wide) and which point is at the northwesterly corner of Lot 8Block 808 as shown on the tax map of the Borou gh of Englewood Cliffs, Bergen County, N.J.and the intersection of lots 35 and 36 as shown on filed map number 2446 and running thence:

I. North 43°_ 46 '- 10" W along the said southerly side line of Hollywood Avenuewhich is the northe rly line of Lot 9, Block 808 and partially Lot 7, Block 808,a distance of 460 .00 ft. to a point.

2. North 46° - 13' - 50' East a distance of 50.00 ft. to a point on the northerlyside of Hollywood Avenue thence;

3. South 43° - 46 '- 10" East along the said northerly side of Hollywood Avenuea distance of 460.00 feet to a point thence;

4. South 46° - 13' - 50" West a distance of 50.00 feet to the point and place ofbeginning.

Containin g approximately 23,000 sq. ft. or .528 acre.

As shown on Plan of Vacation of Portion ofHollywood Ave . Borough of EnglewoodCliffs as shown on a map prepared by John e. Collazuol & Associates PE & LS entitled, "Pl an ofVacation of portion of Hollywood Avenue, Borough of Englewood Cliffs, Bergen County, N.J.dated 5/30/02 . Revised to 6/14/02.

SECTION VI. The official map of the Borough of Englewood Cliffs be and same ishereby amended to reflect the vacat ion herein enacted, ifthat map has not hereto fore beenamended.

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2002-000188-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-183SEPTEMBER 18, 2002

SECTION vn.rn accordance with the provisions ofN.J.S.A. 40:49-6 the Borough Clerkbe and is hereby authorized to publish this ordinance at least ten (10) days prior to the time fixedfor final passage of same, and shall mail a copy of same to every person whose land may beaffected by this Ordinance.

SECTION VITI. Pursuant to the provision ofNJ .S.A. 40:67-21 the BoroughClerk shall file in the office of the Bergen County Clerk a certified copy of this Ordinance and acopy ofProof of Publication thereof.

SECTION IX. Should any part, section, or provision of this Ordinance be heldunconstitutional or invalid, such decision shall not affect the validity of this Ordinance as a wholeor any other part thereof.

SECTION X. This Ordinance shall take effect immediately upon publication after [malpassage according to law.

COUNCll.,MAN PARISI CALLED UP FOR SECOND READING AN ORDINANCEENTITLED:

ORDINANCE 2002,13

,BOND ORDINANCE TO PROVIDE FOR CERTAIN IMPROVEMENTS,

BY AND IN THE BOROUGH OF ENGLEWOOD CLIFFS, IN THECOUNTY OF BERGEN, STATE OF NEW JERSEY, (THE "BOROUGH");

APPROPRIATING $1,000,000 THEREFOR AND AUTHORIZINGTHE ISSUANCE OF $950,000 BONDS OR NOTES OF THE BOROUGH TO

FINANCE PART OF THE COST THEREOF.

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

The following people spoke on the ordinance:

Elizabeth Sciacca ofEnglewood CliffsDiane Sank of Charlotte Place, Englewood CliffsLee Madison of264 Castle Drive, Englewood CliffsPhyllis Breen of Van Nostrand, Englewood CliffsToby Madison of 264 Castle Drive, Englewood CliffsMr. Apostolis of260 Castle Drive, Englewood Cliffs

Ms. Sciacca asked who was the bonding company.

Dr. Sank inquired as to the need for the project

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2002-000189-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-184SEPTEMBER 18, 2002

Borough Attorney E. Carter Corriston stated that the Borough is under an order for the DepartmentofDepartrnent of Environmental Protection to improve sanitary sewers.

Borough Engin eer Andrew Hipolit reported that Englewood Cliffs is five years ahead of schedule forthis project.

Mrs. Madison asked where the money is being spent.

Mrs. Breen commented that sbe bad a water problem.

Borough Engineer Andrew Hipolit explained the difference between sanitary sewers and stormdrains.

Mrs. Madison asked for the locations of the repairs.

Mr. Apostolis asked for clarification concerning the moratorium. He is concerned about overflowinto his borne.

Borough Attorney E. Carter Corri ston commented that at one time the borough installed auto cbeckvalves for residents.

After all interested parties bad spoken on the ordinance, Councilman Kasoff move d the bearing beclosed. So ordered.

Council President Plawker moved the ordinance be adopted on second reading and final passage,which motion was seconded by Councilman Parisi and adopted upon a call of the roll.

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

ORDINANCE 2002-13

BOND ORDINANCE TO PROVIDE FOR CERTAIN IMPROVEMENTS,BY AND IN THE BOROUGH OF ENGLEWOOD CLIFFS, IN THECOUNTY OF BERGEN, STATE OF NEW JERSEY (THE"BOROUGH"); APPROPRIATING $1,000,000 THEREFOR ANDAUTHORIZING THE ISSUANCE OF $950,000 BOND S OR NOTES OFTHE BOROUGH TO FINANCE PART OF THE COST THEREOF.

BE IT ORDAINED AND ENACTED BY THE BOROUGH COUNCIL OF THEBOROUGH OF ENGLEWOOD CLIFFS, IN THE COUNTY OF BERGEN, STATE OFNEW JERSEY (not less tbat two-thirds of all members tbereof affirmatively concurring) ASFOLLOWS:

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2002-000190-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 191: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-185SEPTEMBER 18, 2002

SECTION 1. The improvement or purpose described in Section 3 of this bond ordinanceis hereby authorized to be undertaken as a general improvement or purpose by the Borough ofEnglewood Cliffs, in the County of Bergen, State of New Jersey (the "Borough"). For the saidimprovement or purpose stated in Section 3, there is hereby appropriated the sum of $1,000,000said sum being inclusive of all appropriations heretofore made therefor and including the sum of$50,000 as the amount of down payment for said improvement or purpose required by law andnow available therefore by virtue of provision in the capital improvement fund of a previouslyadopted budget or budgets of the Borough for down payment or for capital improvementpurposes.

SECTION 2. For the financing of said improvement or purpose described in Section 3and to meet the part of said $1,000,000 appropriation not provided for by application hereunderof said down payment, negotiable bonds of the Borough are hereby authorized to be issued in theprincipal amount of $950,000 pursuant to the Local Bond Law of the State of New Jersey(N.J.S.A. 40A:2-l et seq.). In anticipation of the issuance- of said bonds and to temporarilyfinance said improvement or purpose, negotiable notes of the Borough in the principal amount of$950,000 are hereby authorized to be issued pursuant to and within the limitations prescribed bysaid Local Bond Law.

SECTION 3. The following project, improvement or purpose is hereby authorized:

Vnrious Sewer Improvements.

(a) The improvement hereby authorized and purpose for thefinancing of which the bonds or notes are to be issued is for the continuation of repairs and/orreplacements to the sanitary sewer system and sewer lines throughout the Borough, all as shownon and in accordance with the plans and specifications therefore on file or to be filed in the Officeof the Borough Clerk and available for public inspection and hereby approved.

(b) The estimated maximum amount of bonds or notes to be issued forsaid improvement or purpose is $950,000.

(c) The estimated cost of said purpose is $1,000,000, the excess thereofover the said estimated maximum amount of bonds or notes to be issued therefor being theamount of $950,000, is the down payment for said purpose in the amount of $50,000.

SECTION 4. In the event the United States of America, the State of New Jersey, and/orthe County of Bergen make a contribution or grant in aid to the Borough for the improvement andpurpose authorized hereby and the same shall be received by the Borough prior to the issuance ofthe bonds or notes authorized in Section 2 hereof, then the amount of such bonds or notes to beissued shall be reduced by the amount so received from the United States of America, the State ofNew Jersey, and/or the County of Bergen. In the event, however, that any amount so contributedor granted by the United States of America, the State of New Jersey, and/or the County of Bergenshall be received by the Borough after the issuance of the bonds or notes authorized in Section 2hereof, then such funds shall be applied to the payment of the bonds or notes so issued and shallbe used for no other purpose. This Section 4 shall not apply, however, with respect to anycontribution or grant in aid received by the Borough as a result of using funds from this bondordinance as "matching local funds" to receive such contribution or grant in aid.

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2002-000191-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 192: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-186SEPTEMBER 18, 2002

SECTION 5. All bond anticipation notes issued hereunder shall mature at such times asmay be determined by the Chief Financial Officer of the Borough, provided that no note shallmature later than one (I ) year from its date or otherwise authorized by the Local Bond Law. Thenotes shall bear interest at such rate or rates and be in such form as may be determined by theChief Financial Officer.The Chief Financial Officer shall determine all matters in connection with the notes issuedpursuant to this bond ordinance, and the signature of the Chief Financial Officer upon the notesshall be conclusive evidence as to all such determinations. All notes issued hereunder may berenewed from time to time in accordance with the provisions of the Local Bond Law. The ChiefFinancial Officer is hereby authorized and directed to sell part or all of the notes from time totime at public or private sale and to deliver them to the purchaser thereof upon receipt of paymentof the purchase price and accrued interest thereon from their dates to the date of delivery thereof.The Chief Financial Officer is hereby authorized and directed to report in writing to the BoroughCouncil at its meeting next succeeding the date when any sale or delivery of the notes pursuant tothis bond ordinance is made. Such report must include the principal amount, the description, theinterest rate, and the maturity schedule of the notes so sold, the price obtained and the name of thepurchaser.

SECTION 6. The capital budget of the Borough is hereby amended to conform with theprovisions of this bond ordinance and to the extent of any inconsistency herewith, a resolution inthe form promulgated by the Local Finance Board showing.. full detail of the amended capitalbudget and capital programs as approved by the Director of the Division of Local Government,Services, New Jersey Departtnent of Community Affairs will be on me in the office of theBorough Clerk and will be available for public inspection.

SECTION 7. The following additional matters are hereby determined, declared, recitedand stated:

(a) The improvement or purpose described in Section 3 of this bondordinance is not a current expense and is an improvement which the Borough may lawfullyundertake as a general improvement, and no part of the cost thereof has been or shall be speciallyassessed on property specially benefited thereby.

(h) The period of usefulness of said improvement or purpose within thelimitations of the Local Bond Law, according to the reasonable life thereof computed from thedate of said bonds authorized by this bond ordinance, is forty (40) years.

(c) The Supplemental Debt Statement required by the Local Bond Lawhas been duly made and filed in the Office of the Clerk of the Borough and a complete executedduplicate thereof has been filed in the Office of the Director of the Division of Local GovernmentServices, New Jersey Department of Community Affairs, and such statement shows that the grossdebt of the Borough as defined in the Local Bond Law is increased by $950,000, the authorizationof the bonds or notes provided for in this bond ordinance, and the said bonds or notes authorizedby this bond ordinance will be within all debt limitations prescribed by the Local Bond Law.

(d) An amount not exceeding $99,500 for items of expense listed in andpermitted under Section 20 of the Local Bond Law is included in the estimated cost indicatedherein for the improvement or purpose described in Section 3 hereof.

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2002-000192-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 193: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-187SEPTEMBER 18, 2002

SECTION 8. The full faith and credit of the Borough are hereby pledged to the punctualpayment of the principal of and the interest on the bonds or notes authorized by this bondordinance. The bonds or notes shall be direct, unlimited obligations of the Borough, and theBorough shall be obligated to levy ad valorem taxes upon all the taxable property within theBorough for the payment of the bonds or notes and the interest thereon without limitation as torate or amount.

SECTION 9. The Borough reasonably expects to reimburse any expenditures toward thecosts of the improvement or purpose described in Section 3 of this bond ordinance and paid priorto the issuance of any honds or notes authorized by this bond ordinance with the proceeds of suchbonds or notes. No funds from sources other than the bonds or notes authorized herein have beenor are reasonably expected to be reserved, allocated on a long-term basis, or otherwise set asideby the Borough, or any member of the same "Controlled Group" as the Borough, within themeaning of Treasury Regulation Section U 50-l(t), pursuant to their budget or financial policieswith respect to any expenditures to be reimbursed. This Section 9 is intended to be and hereby isa declaration of the Borough's official intent to reimburse any expenditures toward the costs ofthe improvement or purpose described in Section 3 hereof to be.incurred and paid prior to theissuance of bonds or notes authorized herein in accordance with Treasury Regulation Section 1.150-2, and no further action (or inaction) will be an abusive arbitrage device in accordance withTreasury Regulation Section I. 148-10 to avoid the arbitrage yield restrictions or arbitrage rebaterequirements under Sections 142 through 147 of the Internal Revenue Code of 1986, as amended(the "Code"). The proceeds of any bonds or notes authorized herein used to reimburse theBorough for any expenditures toward the costs of the improvement or purpose described inSection 3 hereof will not be used directly or indirectly (i) to "refund" an issue of governmentalobligations within the meaning of Section 148 of the Code, (ii) to create, within one year,following the reimbursement of any expenditures of bond proceeds, "replacement proceeds"within the meaning of Treasury Regulation Section 1. 148-1 of the bonds, or any other bondissue, or (iii) to reimburse the Borough for any expenditure or payment that was originally paidwith the proceeds of any obligation of the Borough (other than borrowing by the borough fromone of its own funds or the funds of a member of the same "Controlled Group" within themeaning of Treasury Regulation Section 1. l50-1(t)). The bonds or notes authorized herein toreimburse the Borough for any expenditures toward the costs of the improvement or purposedescribed in Section 3 hereof will be issued in an amount not to exceed $950,000. The costs to bereimbursed with the proceeds of the bonds or notes authorized herein will be "capitalexpenditures" in accordance with the meaning of Section 150 of the Code. This provision willtake effect immediately, but will be of no effect with regard to expenditures for costs paid outsidethe permitted reimbursement period set forth in Treasury Regulation Section 1.150-2(d)(2).

SECTION 10. The Borough hereby covenants to maintain the exclusion from grossincome under Section 103(a) of the Code, of the interest on all bonds or notes issued by theBorough pursuant to this bond ordinance.

SECTION 11. This bond ordinance shall take effect twenty (20) days after the firstpublication thereof after final adoption, as provided by the Local Bond Law.

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2002-000193-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 194: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-188SEPTEMBER 18, 2002

COMMITTEE REPORTS:

COUNCILMAN KASOFF:No Report

COUNCILWOMAN NORTON:No Report

Fire, Transportation, Beautification, Clean Conununities

Sanitation, Lighting

COUNCILMAN PARISI: Police, Planning Board, LegalCouncilman Parisi announced that he was pleased with the donation of the Chamber ofConunerce for $3,000.00 to the Recreation Department.

Lt. Murray and Lt. Oceak both have completed 25 years ofservice with the department.

Mr. & Mrs. Solomon of New York City Conunended Pt!. Colon for ills help after theiraccident at The Exxon Station on 9W.

COUNCILMAN PLAWKER: Finance, Historical, Board of EducationCouncilman Plawker announced that the School Boa/d's petition seeking relief from the

injunction has been re-filed directly with the State Board of 'Education per the instructions of theCommissioner ofEducation.

COUNCILWOMAN DRIMONES: RecreationCouncilwoman Drimones announced that the new fall baseball instructional league was

under way and that the soccer program began the previous Saturday.

COUNCILMAN MANOLIO: DPW, Building & Grounds, Recycling, Bd. Of Adj.Councilman Manolio reported that the Board of Adjustment had a minor height variance on

Beverly Road and a continuation of an application on Ermetti Place.

BOROUGH ATT ORNEY:The Borough will receive $4,200 from the contractor on Van Nostrand for the installation of

14 shade trees.

BOROUGH ENGINEER :The contractor offered 85 trees about and beyond the 14 shade trees. Mr. Hipolit stated that

it was a nice gesture but 85 trees could not be placed on the property.

REPORT OF POLICE CHIEF :Chief Whiting reminded everyone of the current water restrictions. He noted that there was

misinformation provided by the water company on their bill. Existing lawns are not to be watered.

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2002-000194-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 195: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-189SEPTEMBER 18, 2002

PUBLlC PORTION: On a motion by Manolio, seconded by Drimones, the meeting was opened tothe public . Canied.

Toby Madison, 264 Castle Drive, asked what the town is doing to protect her from the on goingwater problem with the storm drains at her house.

Borough Engin eer Andrew Hipolit explained that there is a T formation in the pipes on Jenkin s andthat the Madisons would like a more graduated turn.

Counc ilwoman Norton suggested that in the interim the auto check valve be repaired.

Lee Madison, 264 Castle Drive, stated that the water hits a wal l and shoots up 20-30 feet.Mrs . Madison noted that 18 new houses were built in the area and now there will be five more.

Andew Hipolit explained that the new houses are required to hold their own water and should notaffect the existing homes .

Dr. Vidal, 256 Castle drive, commented that the construction site at Middlesex and Summit needs tobe cleaned up. .

Tanil a Askaimazy, 180 Middlesex Avenue, stated that she lives next to the construction site atMiddlesex and Summi t. She is concerned with the swamp like'conditions with regard to mosquitoes .She did note that the Board of Health sent the County mosquito control to the site. She is alsoconcerned with the portable toilette in front of her house and the hazardous gravel surrounding herdriveway.

Mrs . Breen, VanNostrand Ave. stated she believes there is water in her basement due to constructionin her area. She also stated that there is a problem regarding the bicycle riders on Hudson Terrace.

Mr. Hipoli t stated that he saw no evidence of ground water from the job site going into her basement.

The Mayor stated he has had four meetings with bicycle groups and the Palisades Interstate Parkway.

On a motion by Norton, seconded by Drimones, the public portion of the meeting was closed.Canied.

On a motion by Norton, seconded by Parisi, the meeting was adjourned at 10:45 p.m.

ArrEST:

DEBORAH FEHRE, DEPUTY MUNlClPAL CLERK

APPROVED:

JOSEPH C. PARlSI, MAY OR

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2002-000195-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 196: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

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2002-000196-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 197: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-190

BOROUGH OF ENGLEWOOD CLIFFSBERGEN COUNTY, NEW JERSEY

MINUTES OF THE CAUCUS MEETING OF OCTOBER 16, 2002

CALL TO ORDER AT 6:30 P.M.

PRESENT AT ROLL CALL:

MayorCouncilmanCouncilwomanCouncilmanCouncilmanCouncilwoman

ABSENT AT ROLL CALL:

Council President

ALSO PRESE NT:

Borough AttorneyBorough EngineerChiefofPoliceSupt. of Public Works

MAYOR PARISI STATED:

Joseph C. ParisiThomas ManolioPatricia DrimonesJerry KasoffJoseph Parisi, Jr. .Lynn Norton

Dan Plawker

..E. Carter Corriston, Esq.Andrew HipolitLawrence WhitingRodney Bialko

Adequate notice of this meeting was given to the press and posted as required. Date and time of thismeeting was legally given as required by the "Open Public Meetings Act."This notice is on file with the Municipal Clerk and posted on the bulletin board.Minutes of this meeting will be made available to the public upon the completion of typing andproofreading by the Municip al Clerk.

On a motion by Manolio, seconded by Kasoff, resolution 02-91 was offered for adoption:

ROLLCALL:AYES:ABSENT:

Manolio , Drimones, Kasoff, Parisi, NortonPlawker

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2002-000197-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 198: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-191OCTOBER 16, 2002

RESOLUTION 02-92

RE: CLOSED SESSION

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

WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs has deemed itnecessary to go into closed session to discuss certain matters which are exempted from the public,

NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Borough ofEnglewood Cliffs will go into closed session for the following reason as outlined in NJ.S.A. 10:4­12:

Anv pending or anticipated litigation or contract negotiation.

SCOULLIS VS. ENGLEWOOD CLIFFS

LIBRARY CONTRACT '

Closed session commenced at 6:40 p.m. and open session was opened at 7:00 p.m.

Mr. Hathiramani made a presentation to the council about placing files, maps, plans on disc.

VO UCHERS WERE SIGNED BY THE FINANCE COMMITTEE.

MINUTES OF THE FOLLOWING MEETINGS WERE PLACED ON THE REGULARAGENDA FOR APPROVAL:

Caucus Meeting of September 18, 2002Regular Meeting of September 18, 2002Special Meeting of August 28 and September 3, 2002

THE FOLLOWING REPORTS WERE PLACED ON THE REGULAR AGENDA FORAPPROVAL.

Police Report of September, 2002Court report of September, 2002Construction Code Official's Report of September, 2002Collector/Treasurer's Report of August, 2002

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2002-000198-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 199: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-192OCTOBER 16, 2002

ACTION TAKEN ON THE FOLLOWING COMMUNICATIONS:

TAX APPEAL ATTORNEY BLOCK 616, LOT 14.01

Resolution 02-90, approving the reconunendations of the Tax Appeal Attorney wasplaced on the regular agenda for approval.

SHADE TREE COMMISSION DIFFERENCE WITH TREE DAY

Ordered filed. Placed on the regular agenda for approval.

MUNICIPAL JUDGE APPOINTMENT OF ALTERNATE PROSECUTORS

Resolution 02-95, appointing two alternate prosecutors, was placed on theregular agenda for approval .

MUNICIPAL ENGINEER ESTIMATE #3, FINAL, SEWERS, SYLVAN AYE.

Resolution 02-93 was placed on the regular agenda for approval.

MUNICIPAL ENGINEER ESTIMATE #3, FINAL, SEWERS, HUDSON TERR.

Resolution 02-94 was placed on the regular agenda for approval.

THE FOLLOWING RESOLUTIONS WERE PLACED ON THE REGULAR AGENDAFOR APPROVAL:

02-90 Tax appeal, Block 616, Lot 14.0102-91 Municipal Endorsement for CD funds for Incubus Report Incorporation02-93 Estimate #3, Change Order #3, Final, Sylvan Ave. Sewer Rehabilitation02-94 Estimate #3, Change Order #3, Final, Hudson Terr. Sewer Rehabilitation02-95 Appointment oftwo alternate Municipal Prosecutors

THE FOLLOWING ORDINANCE WAS PLACED ON THE REGULAR AGENDA FORINTRODUCTION :

2002-14 Authorization for ECVFD to participate in the East Bergen Mutual Aid

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2002-000199-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 200: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-193OCTOBER 16, 2002

APPOINTMENTS:

The appointment of 2 new Junior Fire Fighters was placed on the regularagenda for approval.

PROCLAMATION:

A proclam ation for "Family Week" was placed on the regular agenda.

ADJOURN:

ArrEST:

JOSEPH FAVARO, MUNICIPAL CLERK

APPROVED :

JOSEPH C. PARISI, MAYORI

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2002-000200-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 201: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

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2002-000201-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 202: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-194

BOROUGH OF ENGLEWOOD CLIFFSBERGEN COUNTY, NEW JERSEY

MINUTES OF THE REGULAR MEETING OF OCTOBER 16, 2002

CALL TO ORDER AT 8:00 P.M.

PRESENT AT ROLL CALL:

MayorCouncilmanCouncilwomanCouncilmanCouncilmanCouncilwoman

ABSENT AT ROLL CALL:

Council President

ALSO PRESENT:

Municipal AttorneyMunicipal EngineerChief ofPoliceSuperintendent DPW

Joseph C. ParisiThomas ManolioPatricia DrimonesJerry KasoffJoseph Parisi, Jr. .Lynn Norton

DanPlawker

E. Carter Corriston, Esq.Andrew HipolitLawrence WhitingRodney Bialko

FLAG SALUTE LEAD BY COUNCILWOMAN DRIMONES

MAYOR PARISI STATED:

ADEQUATE NOTICE OF THIS MEETING WAS GIVEN TO THE PRESS AND POSTED ASREQUIRED. DATE AND TIME OF THIS MEETING WAS LEGALLY GIVEN AS REQUIREDBY THE "OPEN PUBLIC MEETING S ACT."THIS NOTICE IS ON FILE WITH THE MUNICIPAL CLERK AND POSTED ON THEBULLETIN BOARD .MINUTES OF THIS MEETING WILL BE MADE AVAILABLE TO THE PUBLIC UPON THECOMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.

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2002-000202-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 203: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-195OCTOBER 16, 2002

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

Special Meeting of August 28 and September 3, 2002Caucus Meeting of September 18, 2002Regular Meeting of September 18, 2002

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

Police Report of September, 2002Court Report of September, 2002Construction Code Officials Report of September, 2002Collector Treasurer's Report of August, 2002

ACTION TAKEN ON THE FOLLOWING COMMUNICATIONS:

Shade Tree Commission Difference with Trees Day

Ordered files on a motion by Drimones, seconded by Norton and Carried.

Municipal J udge,

Appointment of Alternate Prosecutors

Ordered filed on a motion by Parisi, seconded by Kasoffand Carried.

CLAIMS:

On a motion by Manolio, seconded by Parisi, the Claims for the month of October, 2002 wereordered paid.

Ayes;Absent:

Manolio, Drimones, Kasoff, Parisi, NortonPlawker

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2002-000203-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 204: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-196OCTOBER 16, 2002

RESOLUTIONS:

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

On a motion by Manolio, seconded by Norton, Resolution 02-90 was offered for adoptiou:

ROLLCALL:AYES:ABSENT:

Manoli o, Drimones, Kasoff, Parisi , NortonPlawker

RESOLUTION 02-90

WHEREAS, Moschos Scoullis is the owner of 525, Floyd Street, designated as Block616, Lot 14 .01; and

WHEREAS, a tax appe al is presently pending with regard to a challenge of the 2002assessment; and

WHEREAS, discovery has been completed and preliminary appra isal submitted; and

WHEREAS, settlement has been negotiated and recommended;

NOW, THEREFORE, BE IT

RESOLVED by the Mayor and Council of the Borough of Englewood Cli ffs that the taxattorney be and is hereby authorized and directed to execute any and all documents necessary inorder to effectuate settlement of the presently pending litigation ent itled M oschos Sco ullis v.Englewoo d C liffs , such that the 2002 assessment reduced from $1,135,800 to $1 million; and beit furth er

RESOLVED, that the aforesaid settlements are pred icated upon a full waiver of any andall pre-judgment interest by the taxpayer.

On a motion by Drimones, seconded by Norton, Res olution 02-93 was offered for adoption:

ROLLCALL:AYES :ABSENT:

Manolio, Drimones, Kasoff, Parisi, NortonPlawker

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2002-000204-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 205: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-197OCTOBER 16, 2002

TITLE: ESTIMATE #3, FINALCHANGE ORDER #3, FINAL

WHEREAS, Boswell McClave Engineering has recommended that EstimateCertificate #3 and Change Order #3, in the amount of$1 4,280.48 be paid; and

WHEREAS, a two year maintenance bond in the amount of$18,743.29, has been placedon file in the office of the Municipal Clerk;

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of theBorough ofEnglewood Cliffs, does hereby approve the final payment of$14,280.48to M. Ingannamorte & Son for work completed on the Sewer Rehabilitation at Sylvan Avenue.

On a motion by Norton, seconded by Drimones, Resolution ~2-94 was offered for adoption:

ROLL CALL:AYE S:ABSENT:

Manolio, Drimones, Kasoff, Parisi, Norton ·Plawker

TITLE: ESTIMATE #3, FINALCHANGE ORDER #3, FINAL

WHEREAS, Boswell McC lave Engineering has recommended that EstimateCertifica te #3 and Change Order #3, in the amount of $13,687.44 be paid; and

WHEREAS, a two year maintenance bond in the amount of$20,335.76, has been placedon file in the office of the Municipal Clerk;

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of theBorough ofEnglewood Cliffs, does hereby approve the final payment of$13,687.44to M. Ingannamorte & Son for work completed on the Sewer Rehabilitation at Hudson Terrace.

On a motion by Manolio, seconded by Parisi, Resolution 02-95 was offered for adoption:

ROLLCALL:AYES :ABSTh'T:

Manolio, Drimones, Kasoff, Parisi , NortonPlawker

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2002-000205-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 206: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-198OCTOBER 16, 2002

RESOLUTION 02-95

RE: APPOINT BOROUGH PROSECUTOR FOR 2002

WHEREAS, it is necessary for the Borough of Englewood Cliffs to engage the services of one ormore Alternate Borough Prosecutors for the year 2002 to provide Legal services which are necessaryfor the operation of the Municipal Court of said Borough when the Borough Prosecutor isunavailable; and

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

The Alterna te Borough Prosecutors for the year 2002 are hereby designated as

JOHN LANGANSTEVEN BENVENISTI

ORDINANCES: FOR INTRODUCTION

COUNCILMAN MANOU O INTRODUCED AN ORDINANCE ~NTITLED:

ORDINANCE 2002-14 '

AN ORDINANCE AUTHORIZING THE ENGLEWOOD CLIFFSVOLUNTEER FIRE DEPARTMENTS PARTICIPATION IN THE

EAST BERGEN FIRE MUTUAL AID ASSOCIATION

Councilman Manolio moved the ordinance be given its first reading. So ordered.The municip al clerk read the said ordinance by title. Councilman Mano lio moved the ordinancebe adopted on first reading and published in the Press Journal on October 24, 2002 .The public hearing to be held on November 13, 2002. Motion was seconded by CouncilwomanDrimones.The ordinance was approved at the first reading upon the call of the roll.

ROLLCALL:AYES:ABSENT:

APPOINTMENTS:

Mano lio, Drimones, Kasoff, Parisi, NortonPlawker

With the advice and consent of Council, Mayor Parisi appointed Samuel R. Mann andJoakim E. Sandor as Junior Fire Fighters.

ROLLCALL:AYES:ABSENT:

Manolio , Drimones, Kasoff, Parisi, NortonPlawker

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2002-000206-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 207: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-199OCTOBER 16, 2002

PROCLAMATION:MAYORAL PROCLAMATION

WHEREAS, the Boro ugh of Englewood Cliffs recognizes strong families are at the center ofstrong conununities; and

WHEREAS, everyone has a role to play in making families successful, including neighborhoodorganizations, businesses, nonprofit agencies, policymakers, and, of course, families themse lves;and

WHEREAS, during Thanksgiving week we al should take time to honor the importance offamilies, and recognize the specia l connec tions that support and strengthen families year-round;and

WHEREAS, we all should recommit to enhancing and extending all families ' connections; and

WHEREAS, with the assistance and resources of agencies and organizations such as the Alliancefor Children and Families and its local member agency, Children' s Aid and Family Services, wecan help families of all shapes and sizes crea te a better future for all of Eng lewood Cliffs;

NOW, THEREFORE, I, Joseph C. Parisi, Mayor of the Borough of Englewood Cliffs , dohereby proclaim November 24 through November 30, Englewood Cliffs Family Week, and Icommit this observance to the people of Englewood Cliffs.

COMMITTEE REPORTS:

COUNCILMAN KASOFF: Fire, Transportation, Beautification, Clean Conununiti es

The Fire Department responded to the Sugarland Fire in Englewood.

October 6 started Fire Prevention Week. There was an open house at theFire House.

Four volunteers attended a "live burn" at the Middlesex Fire Academy.

The Department responded to 35 alarms last month.

COUNCILWOMAN NORTON: Sanitation, Lighting

Councilwoman Norton thanked the Police and DPW for allowing the garbageto be picked up while Roberts Road and Summit Street were being re-paved.

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2002-000207-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 208: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-200OCTOBER 16, 2002

COUNCILMAN PARISI: Police, Planning Board, Legal

The Recreation Department has received the 53,000 donation from the Chamberof Commerce.

Patrolman Brian Murphy celebrated his eighth year on the force on October 3.

Parkway Toyota has agreed not to test drive their vehicles on residential streets.Their delivery trucks have also agreed not to drop off new vehicles on Van NostrandAvenue.

Councilman Parisi asked Mr. Goldstein, Planning Board Chairman, to reporton Planning Board activity.

Unilever was given approval to build an 1800 sq. ft. loading dock.The Borough has since vacated that portion of the street. Because of thisno variance was really needed.

A major subdivision at Sara Hill Lane was discussed at the October meeting.

COUNCILWOMAN DRIMONES: Recreation

The soccer program and the fall baseball program are in full swing.The department is getting geared up for the basketball program.

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

There was no Board of Adjustment meeting on the 141h because it was Columber Day.The next meeting will be on October 21' I.

REPORT OF BOROUGH ATIORNEY:

The Court decided that the borough should receive 5211,000 as settlement forthe default by JAMAC for the Witte Field project.

REPORT OF BOROUGH ENGINEER:

The Sanitary Sewer Project Stages 4A and 4B have been completed under budget.Stages 5 and 6 will begin this winter.

The run-off problem on Van Nostrand Avenue has been rectified.

Roberts Road and Summit Street have been re-paved. Irving Avenue has started.

Repair work on tile Jenkins storm drain should be completed by January.

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2002-000208-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 209: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-201OCTOBER 16, 2002

REPORT OF SUPT. OF PUBLIC WORKS:

Leafcollection begins on October 21".

CHIEF OF POLICE:

The Chief asked residents to start turning on their lights earlier since it no is gettingdarker earlier.

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

Ms. Goldscheider, VanNostrand Ave., asked about the road on her street.Mr. Hipolit stated that the road should be paved by the first week of November.

Dr. Sank asked about the moratorium. Mr. Corriston explained it again .

Mrs. Madison asked about the check valve . Mr. Bialko 'will check it out.

On a motion by Manolio, seconded by Kasoff, the public portion of the meeting was closed. Canied.

On a motion by Manolio, seconded by Kasoff, the meeting was adjourned at 8:45, p.m.

ATTEST:

JOSEPH FAV ARO, MUNICIPAL CLERK

APPROVED:

JOSEPH C. PARISI, MAYOR

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2002-000209-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 210: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-202

BOROUGH OF ENGLEWOOD CLIFFSBERGEN COUNTY, NEW JERSEY

MINUTES OF THE CAUCUS MEETING OF NOVEMBER 13, 2002

CALL TO ORDER AT 6:30 P.M.

PRESENT AT ROLL CALL:

MayorCouncil PresidentCouncilmanCouncilwomanCouncilmanCouncilmanCouncilwoman

ALSO PRESENT:

Borough AttorneyBorough EngineerSupt. ofPublic Work sMunicipal Auditor

MAYOR PARISI STATED:

Joseph C. ParisillanPlawkerThomas ManolioPatricia DrimonesJerry KasoffJoseph Parisi, Jr.Lynn Norton .

E. Carter Corriston, Esq.Andrew HipolitRodney BialkoSteven Wielkotz

Adequate notice of this meeting was given to the press and posted as required. Date and time of thismeeting was legally given as required by the "Open Public Meetings Act."This notice is on file with the Municipal Clerk and posted on the bulletin board.Minutes of this meeting will be made available to the public upon the completion of typing andproofreading by the Municipal Clerk.

STEVEN WIELKOTZ, MUNICIPAL AUDITOR:

Mr. Wielkotz reviewed the refinancing of the "early retirement incentive unfunded pensionobligation" with the Mayor and Council. He explained that by refinancing, the Borough could savehundreds of thousands of dollars. The Council agreed to the proposal and Mr. Wielkotz will start theprocess.

VOUCHERS WERE SIGNED BY THE FINANCE COMMITTEE.

MINUTES OF THE: Caucus Meeting of October 16, 2002 and Regular Meeting of October 16,2002 were placed on the Regular Agenda for approval.

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2002-000210-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-203NOVEMBER 13, 2002

THE FOLLOWING REPORTS WERE PLACED ON THE REGULAR AGENDA FORAPPROVAL .

Police Report of October, 2002Court report of October, 2002Construction Code Official's Report of October, 2002Collector/Treasurer's Rep ort of September, 2002

ACTION TAKEN ON THE FOLLOWING COMMUNICATIONS:

Municipal Engineer Estimate #1, 2002 Road Improvement Program

The Council approved payment and placed resolution 02-96 on the regular agenda forapproval.

Incubus Report Community Development Grant

The Mayor and Council still bad questions about the proposal and recommended that hespeak with the Municipal Attorney about these questions. Resolution 02-91 was removedfrom the regular agenda.

Tanglewood Cliffs Name of Street

BCUA

The Mayo r and Council authorized the Municipal Clerk to write to Mr. Ducbac and informhim that all new streets are named for persons who are deceased.

Assembly Bill 2382 and Senate Bill 1591

The Municipal Attorney was authorized to write to our Assembly and Senate representativesto express the Borough' s dissatisfaction with these two bills.

Councilman Kasoff Fire Truck

The Mayor and Council authorized the preparation of specifications for a new firetruck. A bond ordinanc e will be introduced in January to finance the cost of thepurchase.

Municipal Attorney Amend Zoning Code - Buffer Zones

Ordinance 2002-16 was placed on the regular meeting agenda for introduction .

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2002-000211-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-204NOVEMBER 13, 2002

Shade Tree Commission Application for Gra nt

The Mayor and Council approved the application for a grant for Shade Trees.

THE FOLLOWING RESOLUTIONS WERE PLACED ON THE REGULAR AGENDAFOR APPROVAL:

02-96 Estimate #1, 2002 Road Improvement Program02-97 Agreement with CNBC02-98 Blood Borne Pathogens Agreement

THE FOLLOWING ORDINANCES WERE PLACED ON THE REGULAR AGENDA FORINTRODUCTION:

2002-16 Amend Zoning Code

THE FOLLOWING ORDINANCE WAS PLAC ED ON THE REGULAR AGENDA FORSECOND READING/ PUBLIC HEARING.

2002-14 Authorize ECVFD to participate in the East Bergen Mutual AidAssociation

REPORT OF STANDING COMMITTEES

Councilman Kasoff:

Councilwoman Norton

Councilman Parisi:

Councilman Plawker:

Councilwoman Drimones:

Councilman Manolio:

Fire, Transportation, Beautification, Clean Communities

Lighting , Sanitation

Police, Planning Board, Legal

Finance, Historical, Board of Education

Recreation

DPW, Building & Grounds , Recycling, Bd. OfAdj .

On a motion by Kasoff, seconded by Manolio, the meeting was recessed until after the regularmeeting. Carried.

The meeting reconvened at 8:40 p.m.

On a motion by Plawker, seconded by Manolio, resolution 02-99 was offered for adoption.Roll Call:

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

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2002-000212-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-205NOVEMBER 13, 2002

RESOLUTION 02-99

RE: CLOSED SESSION

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

WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs has deemed itnecessary to go into closed session to discuss certain matters which are exempted from the public,

NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Borough ofEnglewood Cliffs will go into closed session for tbe following reason as outlined in N.J.S.A. 10:4­12:

Any matter involving the employment or.appointmentof any specific prospective public officer or employee

Recreation Consultant

The closed session ended at 9:23 p.m., and the council went back into open session.

On a motion by Drimones, seconded by Manolio, the Meeting was adjourned at 9:25 p.m.

ATTEST:

JOSEPH FAVARO, MUNICIPAL CLERK

APPROVED:

J OSEPH C. PARISI, MAYOR

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2002-000213-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-206

BOROUGH OF ENGLEWOOD CLIFFSBERGEN COUNTY, NEW JERSEY

MINUTES OF THE REGULAR MEETING OF NOVEMBER 13, 2002

CALL TO ORDER AT 8:00 P.M.

PRESENT AT ROLL CALL:

MayorCouncil PresidentCouncilmanCouncilwomanCouncilmanCouncilmanCouncilwoman

ALSO PRESENT:

Municipal AttorneyMunicipal EngineerSuperintendent DPW

Joseph C. ParisiDan PlawkerThomas ManolioPatricia DrimonesJerry KasoffJoseph Parisi, Jr.Lynn Norton. .

E. Carter Coriiston, Esq.Andrew RipoUtRodney Bialko

FLAG SALUTE LEAD BY COUNCIL PRESIDENT !LAN PLAWKER

MAYOR PARISI STATED:

ADEQUATE NOTICE OF THIS MEETING WAS GIVEN TO THE PRESS AND POSTED ASREQUIRED . DATE AND TIME OF THIS MEETING WAS LEGALLY GIVEN AS REQUIREDBY THE "OPEN PUBLIC MEETINGS ACT."THIS NOTICE IS ON FILE WITH THE MUNICIPAL CLERK AND POSTED ON THEBULLETIN BOARD.MINUTES OF THIS MEETING WILL BE MADE AVAILABLE TO THE PUBLIC UPON THECOMPLETION OF TYPING AND PROOFREADING BY THE MUNICIPAL CLERK.

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

Caucus Meeting of October 16, 2002Regular Meeting of October, 2002

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

Police Report of October, 2002Com Report of October, 2002Construction Code Officials Report of October, 2002Collector Treasurer's Report of September, 2002

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2002-000214-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 215: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-207NOVEMBER 13, 2002

ACTIO N TAKEN ON THE FOLLOWING COMMUNICATION S:

BCVA AssemblyBiD 2382 and Senate BiD 1591

Ona motion by Plawker, seconded by Drimones, the Municip al Attorney wasauthorized to communicate with our representatives in Trenton and voice ourobjection to these proposed bills. Carried.

CLAIMS:

On a motion by Plawker, seconded by Manolio, the Claims for the month of November, 2002 wereordered paid.

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

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2002-000215-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 216: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-208NOVEMBER 13, 2002

RESOLUTIONS:

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

On a motion by Manolio, seconded by Plawker, Resolution 02-96 was offered for adoption:

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

RESOLUTION 02-96

TITLE: ESTIMATE #1, 2002 ROAD IMPROVEMENT PROGRAM

WHEREAS, Boswell McClave Engineering has recommended that EstimateCertificate #1 in the amount of$194,397.70 be paid; and

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of theBorough of Englewood Cliffs, does hereby approve the payment-of $194,397.70 toSmith-Sondy Aspbalt for work completed on the 2002 Road Improvement Project.

On a motion by Manolio, seconded by Parisi, Resolution 02-97 was offered for adoption:

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

RESOLUTION 02-97

RE: AGREEMENT WITH CNBC

WHEREAS, the Borough entered into an Agreement with CNBC on or about May I I ,2000, with regard to the real property tax assessment to be imposed on the new construction; and

WHEREAS, it is the wish of the Mayor and Council of the Borough ofEnglewood Cliffsto amend such Agreement with respect to prepayment of certain sewer improvement feesexpected to be incurred;

NOW, THEREFORE, be it resolved that the Mayor be and he is hereby authorized anddirected to execute an Amendatory Agreement, amending the prior Agreement between theBorough and CNBC, so that CNBC shall prepay the sum of $175,000 as against future sewerimprovement fees; and be it further

RESOLVED that all other provision of the Agreement of May 11, 2000 are herebyratified and confirmed, except where inconsistent with the terms of the Amendatory Agreement.

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2002-000216-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 217: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-209NOVEMBER 13, 2002

On a motion by Manolio, seconded by Drimones, Resolution 02-98 was offered for adoption:

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

RESOLUTION 02-98

TITLE: BLOODBORNEPATHOGENSCOMPLMNCEPROGRAM

WHEREAS, there exists a need for the Borough of Englewood Cliffs to provide statemandated health services of a technical and professional nature for the Bloodborne PathogensCompliance Program; and

WHEREAS, the Bergen County Department of Health Services can assure compliancein accordance with P.E.O.S.H.A. as follows: Exposure Control Plan Development; Policies andProcedures, Training Programs; and RecordlReport Generation' and Retention and billing supportdocumentation; and

WHEREAS, the Bergen County Department of Health Services has agreed to providepublic health services through a contract agreement with the Borough of Englewood Cliffs,Department of Health for the calendar year 2003; and

WHEREAS, the fee is to be in an amonnt not to exceed $1825.00 for training andpurchase of the vaccine under State Contract based on $38.00 per vaccination and funds will beavailable for this purpose; and

WHEREAS, it has been certified that this meets the statutes and regulations concerningthe award of said contract;

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

I . That Joseph Favaro, Municipal Clerk is hereby authorized and directed to execute anagreement with the Bergen County Department of Health Services to perform public healthservices of a professional nature for the Bloodborne Pathogens Program for the period January I,2003 through December 31, 2003 at a cost in an amount not to exceed $1825.00 for training andpurchase of the vaccine under State Contract based on $38.00 per vaccination; and

2. This contract is awarded without competitive bidding in accordance with N.J.S.A.40A:11-5(2); and

BE IT FURTHER RESOLVED that the Chief Financial Officer has certified, inaccordance with N.J.A.C. 5:30-14.5 that sufficient legally appropriated funds will be available forthis purpose subject to appropriation of funds in the 2003 adopted budget.

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2002-000217-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-210NOVEMBER 13, 2002

ORDINANCES: FOR INTRODUCTION

COUNCILMAN PARlSIINTRODUCED AN ORDINANCE ENTITLED:

ORDINANCE 2002-16

AN ORDINANCE AMENDING AND CLARlFYJNGSECTION 3O-7.10(B) OF THE WNlNG ORDINANCE

OF THE BOROUGH OF ENGLEWOOD CLIFFS,COUNTY OF BERGEN, STATE OF NEW JERSEY

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 ordinancebe adopted on first reading and published in the Press Journal on November 21, 2002.

The public hearing to be held on December 18, 2002. Motion was seconded by CouncilmanManolio.

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

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

ORDINANCES: SECOND HEARING AND ADOPTION

COUNCILWOMAN DRlMONES CALLED UP FOR SECOND READING AN ORDINANCEENTITLED

ORDINANCE 2002-14

AN ORDINANCE AUTHORIZING THE FIRE DEPARTMENTSPARTICIPATION IN THE EAST BERGEN FIRE MUTUAL

AID ASSOCIATION

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

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

Councilwoman Drimones moved the ordinance be adopted on second reading and final passage,which motion was seconded by Councilman Manolio and adopted upon a call of the roll.

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

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2002-000218-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-211NOVEMBER 13, 2002

ORDINANCE 2002-14

AN ORDINANCE AUTHORIZING THEFmE DEPARTMENTS

PARTICIPATION IN THE EAST BERGENFmE MUTUAL AlDASSOClATION

BE IT ORDAINED by the Mayor and Council of the Borough of Englewood Cliffs , intbe County ofBergen, in the State ofNew Jersey as follows:

Section 1.

Tbe Volunteer Fire Department of the Borough of Englewood Cliffs isauthorized to participate in the East Bergen Mutual Aid Association, which is comprised of firedepartments from tbe following munic ipalities: .

Cliffside ParkEdgewaterEnglewoodEnglewood CliffsFairviewFort LeeLeoni aPalisades ParkRidgefieldTenafly

Section 2.

This Ordinance sball take effect immediately upon [mal passage approval andpublication as required by law.

COMMlTTEE REPORTS:

COUNCILMAN KASOFF: Fire, Transportation, Beautification, Clean Communities

Councilman Kasoff reported that the Fire Department responded to a fire on CenterStreet.

The Fire Department held a seminar at Unilever. There were demonstrations and a lectureon fire prevention.

COUNCILWOMAN NORTON: Sanitation, Lighting

Councilwoman Norton thanked th·epublic for her election to office.

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2002-000219-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-212NOVEMBER 13, 2002

COUNCILMAN PARiSI: Police, Planning Board, Legal

Councilman Parisi announced that the Chamber of Commerce was meeting on November 14at the Assembly Restaurant. The guest speaker is Bob Lape, Restaurant Critic.

The Planning Board is meeting on November 14, 2002

The Police Department received letters of thanks from the Shade Tree Commissionfor the sign board display; the Kim family and the Cardullo family.

COUNCILMAN PLAWKER: Finance, Historical, Board ofEducation

Councibnan Parisi thanked the Shade Tree Commission forthe tree planting atWitte Field.

COUNCILWOMAN DRIMONES: Recreation

Councilwoman Drimones announced that the Soccer season has been extended bytwo weeks.

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

Councibnan Mano lio reported that the Board of Adjustment approved a variance for 489East Palisades Avenue.

REPORT OF BOROUGH ATTORNEY:

No report

REPORT OF BOROUGH ENGINEER:

The 2002 road improvement project is abnost completed. lrving Avenue has to be paved.He is waiting for an estimate for the piping on Castle and Jenkins.

SUPERiNTENDENT OF PUBLIC WORKS:

Mr. Bialko reported that the new front end loader has been delivered.

Mr. Bialko reported that there is a new program whereby decals are placed on theDPW vehicles that will indicated that children can go to the drivers for assistanceshould they have a prob lem.

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

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2002-000220-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-213NOVEMBER 13, 2002

Ms. Breen and Ms. Goldscheider asked that gravel be placed on the road until it is paved because it isvery muddy. Mr. Hipolit said he would take care of it. They also informed the council that theirrecycling was not picked up because the road was blocked. Mr. Bialko said he would go onThursday to pick it up.

On a motion by Norton, seconded by Parisi, the public portion of the meeting was closed. Carried.

On a motion by Norton, seconded by Manolio, the meeting was adjourned at 8:40, p.m.

ATTEST:

JOSEPH FAV ARO, MUNIClPAL CLERK

APPROVED:

JOSEPH C. PARISI, MAYOR

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2002-000221-REV1

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oCD

W'>~«wzo:::;;;0.....J2>-Nen en00OwCD W

Z

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2002-000222-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-214

BOROUGH OF ENGLEWOOD CLIFFSBERGEN COUNTY, NEW JERSEY

MINUTES OF THE CAUCUS MEETING OF DECEMBER 18, 2002

CALL TO ORDER AT 6:30 P.M.

PRESENT AT ROLL CALL :

MayorCouncil PresidentCouncilmanCouncilwomanCouncilmanCouncilmanCouncilwoman

ALSO PRESENT:

Borough Attorne yBorough EngineerChief ofPoliceSupt. ofPublic Works

MAY OR PARlSI STATED:

Joseph C. ParisiDan PlawkerThomas ManolioPatricia DrimonesJerry KasoffJoseph Parisi, Jr.Lyrm Norton.

E. Carter Corriston, Esq.Andrew HipolitLawrence WhitingRodney Bialko

Adequate notice of this meeting was given to the press and posted as required . Date and time of thismeeting was legally given as required by the "Open Public Meetings Act."This notice is on file with the Municipal Clerk and posted on the bulletin board .Minutes of this meeting will be made available to the public upon the completion of typing andproofreading by the Municipal Clerk.

VOUC HERS WERE SIGNED BY THE FINANCE COMMITTEE.

MINUTES OF THE: Caucus Meeting of Novemb er 13, 2002 and Regular Meeting of November13, 2002 were placed on the Regu lar Agenda for approval .

THE FOLLOWING REPORTS WERE PLACED ON THE REGULAR AGENDA FORAPPROVAL.

Police Report of November, 2002Court report of November, 2002Construction Code Official's Report of November, 2002Collector/Treasure r's Report of October, 2002

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2002-000223-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-215DECEMBER 18, 2002

ACTION TAKEN ON THE FOLLOWING COMMUNICATIONS:

Municipal Engineer Estimate #2, 2002 Road Improvement Pro gram

Resolution 02-102 approving payment was placed on the regular agenda for approval.

Mr. & Mrs. McDermott Sign honoring Olympic Silver Medalist

The Muni cipal Attorney was authorized to communicate with the DOT to ascertainif the Municipality could place such a sign on US Route 9W.

THE FOLLOWING RESOLUTIONS WERE PLACED ON THE REGULAR AGENDAFOR APPROVAL:

02-10002-10102-10202-10302-104

Approval ofRaffie License for Norwood PTABus Shelter Locations. Pe rmission from DOTEstimate #2, 2002 Road Improvement ProgramApp lication for Refunding Bond Ordinance .Transfer ofFunds

THE FOLLOWING ORDINANCE WAS PLACED ON THE REGULAR AGENDA FORSECOND READING! PUBLIC HEARING. '

2002-16 Amend Zoning Code

REPORT OF STANDING COMMITTEES

Councilwoman Norton Lighting, Sanitation

Councilwoman Norton asked if anything could be done about the ice being formed byhomes on Lynn Drive and Samford Drive. The water forming the ice is coming fromSump pumps on Samford Drive.

Councilman Plawker: Finance, Historical, Board of Education

Councilman Plawker requested that Mr. Spatz be invited to the February caucus to discussthe obtaining of grants with the Mayor and Council.

REPORT OF BOROUGH ATTORNEY

Mr. Corriston stated that he would discuss the interrogatories in closed session.

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2002-000224-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-216DECEMBER 18, 2002

APPOINTMENTS:

The following appointments were placed on the regular agenda for approval:

Ryan Gallagher as a Volunteer Fire FighterErc Elevator Inspectors as Elevator Inspectors for 2003 and 2004

On a motion by Manolio, seconded by Parisi, resolution 02-106 was offered for adoption:

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

RESOLUTION 02~106

RE: CLOSED SESSION

WHEREAS, N.J.S.A. 10:4-12 allows for a public body to go into closed sessiondurin g a public meeting, and

WHEREAS, the Mayor and Council of the Borough of Englewood Cliffs hasdeemed it necessary to go into closed session to discuss certain matters which are exemptedfrom the public,

NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of theBorough of Englewood Cliffs will go into clos ed session for the following reason asoutlined in NJ.S.A. 10:4-12:

Anv pending or anticipated litigation.

ORDINANCE 2002-12ORDINANCE 2002-16

SUITE INVOLVING Mr. MARCUS & THE PLANNING BOARD

Closed session commenced at 7:15 and ended at 7:45 p.m.On a motion by Manolio, seconded by Kasoff, the meeting went back to open session.

ADJOURN:

On a motion by Drimones, seconded by Plawker, the meeting adjourned at 7:46 p.m.

ATTEST:

JOSEPH FAVARO, MUNlCIPAL CLERK

APPROVED:

JOSEPH C. PARIS I, MAYOR

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2002-000225-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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2002-000226-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-217

BOROUGH OF ENGLEWOOD CLIFFSBERGEN COUNTY, NEW JERSEY

MINUTES OF THE REGULAR MEETING OF DECEMBER 18, 2002

CALL TO ORDER AT 8:00 P.M.

PRESENT AT ROLL CALL:

MayorCouncil PresidentCouncilmanCouncilwomanCouncilmanCouncilmanCouncilwoman

ALSO PRESENT :

Municipal AttorneyMunicipal EngineerChief ofPoliceSuperintendent DPW

FLAG SALUTE LEAD BY:

MAYOR PARISI STATED:

Joseph C. Parisinan PlawkerThomas ManolioPatricia DrimonesJerry KasoffJoseph Parisi, Jr.Lynn Norton, .

E. Carter Corriston, Esq.Andrew HipolitLawrence WhitingRodney Bialko

ADEQUATE NOTICE OF THIS MEETING WAS GWEN TO THE PRESS AND POSTED ASREQUJRED. DATE AND TIME OF THIS MEETING WAS LEGALLY GIVEN AS REQUJREDBY TIIE "OPEN PUBLIC MEETINGS ACT."THIS NOTICE IS ON FILE WITH TIIE MUNICIPAL CLERK AND POSTED ON TIIEBULLETIN BOARD.MINUTES OF THIS MEETING WILL BE MADE AVAILABLE TO TIIE PUBLIC UPON THECOMPLETION OF TYPING AND PROOFREADING BY TIIE MUNICIPAL CLERK.

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

Caucus Meeting of November 13, 2002Regular Meeting of November 13, 2002

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

Police Report of November, 2002Court Report of November, 2002Construction Code Officials Report of November, 2002Collector Treasurer's Report of October, 2002

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2002-000227-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-218DECEMBER 18, 2002

ACTION TAKEN ON THE FOLLOWING COMMUNiCATIONS:

Mr. & Mrs. McDermott Sign recognizing Olympic Silver Medalist

Mr. Corriston was authorized to contact the D.O.T. to ascertain if it permissible to placea sign as requested, on US Route 9W. Carried.

CLAIMS:

On a motion by Plawker, seconded by Manolio , the Claims for the month of December, 2002 wereordered paid.

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

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2002-000228-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-219DECEMBER 19, 2002

RESOLUTIONS:

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

On a motion by Manolio, scconded by Drimoncs, Rc solution 02-100 was offered for adoption:

ROLL CALL:AYES: Plawker, Murphy, Drimones, Kasoff, Parisi, Norton

RESOLUTION 2002-100

RE: APPROVAL OF RAFFLE LICENSEID#355-5-16315NORWOOD PTA

WHEREAS, the NORWOOD PTA has applied for an On-Premise raffle license; and

WHEREAS, the NORWOOD PTA has complied with all requirements as outlined in NJ.A. C.13; and

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

NOW, THEREFORE, BE IT

RESOLVED, that the Mayor and Council of the Borough of Englewood Cliffs does herebyapprove the issuance of an ON PREMIS E SO/50 raffle license to the NORWOOD PTA.

BE IT FURTHER RESOLVED that raffle will be conducted on FEBRUARY 8, 2003 from 7P.M. TO 11 P.M. at THE ASSEMBLY RESTAURANT, 495 SYLVAN AVENUE in the Borough ofEnglewood Cliffs.

On a motion by Drimoncs, seconded by Manolio, Rcsolution 02-101 was offered for adoption:

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

RESOLUTION 02-101

WHEREAS, the Borough of Englewood Cliffs is desirous of getting approval from theNew Jersey Department of Transportation for the erection and maintenance of the bus shelters tobe made by Culver Amherst, located at 1901 E. Linden Avenue, #9, Linden, New Jersey 07036;and

WHEREAS, it is necessary for a Resolution to be passed approving these bus shelters;and

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2002-000229-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-220DECEMBER 18, 2002

WHEREAS, the Mayor and Council have considered same;

NOW, THEREFORE, BE IT RESOL VED, that the following bus shelters are herebyapproved by the borough of Englewood Cliffs to be situated as described as follows;

I. On the east side of Route 9W (Sylvan Avenue), Milepost 2.06, 49 ' south ofClendinen Place;

2. On the west side of 9W (Sylvan Avenue), Milepost 1.16; 56' north of BayviewAvenue;

3.Sage Road;

4.John Street;

On the west side of Route 9W (Sylvan Avenue), Milepost 3.61, 1,100' south of

On the west side of Route 9W (Sylvan Avenue, Milepost 2.06, 175' south of

5. On the west side of Route 9W (Sylvan Avenue), Milepost 1.66, 29' north ofCharlotte Place;

6. On the west side of Route 9W (Sylvan Avenue), Milepost 2.45, 51' south ofDemarest Avenue;

7. On the west side of9W (Sylvan Avenue), Milepost 3.61,90 ' south of Sage Road.

I hereby certify that the within Resolution was passed by the Mayor and Council of theBorough of Englewood Cliffs on this 18"' day of December, 2002.

On a motion by ManoIio, seconded by Norton, Resolution 02-102 was offered for adoption:

ROLLCALL:AYES:ABSTAIN:

Plawker, Manolio, Kasoff, Parisi, NortonDrimones

RESOLUTION 02-102

TITLE: ESTIMATE #2, 2002 ROAD IMPROVEMENT PROGRAM

WHEREAS, Boswell McClave Engineering has recommended that Estimate

Certificate #2 in the amount of $101,485.13 he paid; and

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

Borough of Englewood Cliffs, does hereby approve the payment of$101,485.13 to

Smith-Sondy Asphalt for work completed on the 2002 Road hnprovement Project.

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2002-000230-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-221DECEMBER 18, 2002

On a motion by Parisi, seconded by Manolio , Resolution 02-103was offered for adoption:

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

RESOLUTION 02-103

RESOLUTION OF THE BOROUGH OF ENGLEWOOD CLIFFSAUTHORIZING THE APPLICATION FOR REFUNDING BOND

ORDINANCE TO BE FILED WITH THE LOCAL FINANCEBOARD PURSUANT TO N.J .S.A. 40A:2-51

WHEREAS, in accordance with one or more of P.L. 1991, c.229, c. 230, P.L. 1993, c.138, P.L. 1993, c. 181, P.L. 1993, c. 99, and P.L. 1999, c. 59, the Borough of Englewood Cliffs(the "Local Unit"), in the County of Bergen (the "County','), New Jersey adopted an earlyretirement incentive program (collectively, the "ERI Programs") for eligible employees coveredby, as applicable, the Pnblic Employee Retirement System, Police and Firemen RetirementSystem or other applicable retirement system (collectively, the "Pension System") and as a resultcreated an unfunded liability within the applicable Pension System that would otherwise havebeen retired by annual payments made by the Local Unit to the applicable Pension Systemthrough the year 2033 (the "Gross Unfunded ERI Liability"); ..

WHEREAS , P.L. 2002, c. 42, enacted into law by the State of New Jersey (the "State")on July 12, 2002 (the ERI Refunding Law"), permits local government units, including the LocalUnit, that participated in the ERI Programs to sell refunding bonds in accordance with the LocalBond Law, constituting Chapter 169 of the Pamphlet Laws of 1960 of the State, as amended andsupplemented (the "Local Bond Law"), sto retire the present value of the Gross Unfunded ERILiability;

WHEREAS, the present value of the Local Unit's Gross Unfunded ERI Liability (the"Unfunded ERI Liability") has been established by the State's Division ofPensions and Benefits;

WHEREAS, the Local Unit is issuing its general obligation local unit refunding bond(the "Local Unit Refunding Bond") to raise sufficient funds for the Local Unit to retire the LocalUnit's Gross Unfunded ERI Liability through a one time, up front payment in the amount of theUnfunded ERI Liability;

NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Local Unitas follows:

Section I . The Local Unit believing that said proposed ordinance authorizes obligationsfor a purpose for which obligations are permitted by the Local Bond Law and that the LocalUnit's application to the Local Finance Board for its consent shows:

(a) it is in the public interest to accomplish such purpose

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2002-000231-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-222DECEMBER 18,2002

(b) said purpose or improvements are for the health, welfare, convenience or bettermentof the inhabitants of the Local Unit,

(c) the amounts to be expended for each such purpose or improvements are notunreasonable or exorbitant,

(d) the proposal is an efficient and feasible means of providing services for the needs ofthe inhabitants of the Local Unit and will not create an undue financial burden to be placed uponthe Local Unit.

The application to the Local Finance Board is hereby approved by the Local Unit, and therepresentatives of the Local Unit are hereby authorized to prepareand deliver such application.

Section 2. The Clerk of the Local Unit be and is hereby directed to prepare and file acertified copy of said proposed ordinance after passage on first reading with the Local FinanceBoard as part of such application.

Section 3. The Local Finance Board is hereby respectfully requested to consider suchapplication and to record by resolution its approvals as provided in said subsection of the LocalBond Law and to endorse its consent upon certified copy of said ordinance as passed on firstreading.

On a motion by Manolio, seconded by Drimones, Resolution 02-104 was offered for adoption:

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

RESOLUTION 2002 -104

RE: TRANSFER OF FUNDS BETWEEN 2002BUDGET APPROPRIATIONS

BE IT RESOLVED by the Mayor and Council of the Borough of Englewood Cliffs that the followingtransfers between the 2002 Budget appropriations be made:

FROM: STREETS & ROADS SfW $2,008.00TO: FINANCIAL ADMINlSTRATION

FROM : STREETS AND ROADS SfW $1,666.00TO: COLLECTION OF TAXES SfW

FROM: STREETS AND ROADS SfW $ 125.00TO: BD . OF ADJUSTMENT

FROM: STREETS AND ROADS SfW $2,100.00TO: BD . OF ADJUSTMENT OlE

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2002-000232-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-223DECEMBER 18, 2002

FROM: STREETS AND ROADS SfW $6,152.00TO: ELEVATOR INSPECTIONS

FROM: STREETS AND ROADS SfW $ 659.00TO: FIRST AID SfW

FROM: STREETS AND ROADS SfW $ 950.00TO: MUNICIPAL COURT SfW

FROM: STREETS AND ROADS SfW $ 43.00TO: ADM. OF PUBLIC ASSIST. SfW

FROM: STREETS AND ROADS SfW $1,293.00TO: SENtOR CITIZENS OlE

FROM: STREETS AND ROADS SfW $3,647.00TO: INTEREST ON BANS

TOTAL: $18,643.00

ORDINANCES: SECOND HEARING AND ADOPTION

Mayor Parisi and Councilman Parisi recused themselves from this hearing hecause of apossible conflict of interest.

COUNCILMAN MANOLIO CALLED UP FOR SECOND READING AN ORDINANCEENTITLED

ORDINANCE 2002-16

AN ORDINANCE AMENDING AND CLARIGYINGSECTION 30-7.19(8) OF THE WNING ORDINANCE

OF THE BOROUGH OF ENGLEWOOD CLIFFSCOUNTY OF BERGEN, STATE OF NEW JERSEY

The clerk presented affidavit ofpublication, showing that advertisemenl had been made according tolaw, which was ordered filed. Councilman Manolio moved a public hearing be held on theordinance. So ordered. Councilman Manolio moved the clerk read the ordinance by title on secondreading. So ordered. The clerk thereupon read the ordinance by title. The mayor then announcedthat all interested parties would now be given opportunity to be heard for or against the adoption ofthe ordinance.

The following people spoke on the ordinance:

Thomas McClosky, Esq. representing Mr. Porrino of 86 Hollywood Avenue, in opposition.Dr. Diane Sank in oppositionJohn Schepisi, Esq. representing Unilever, in favor

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2002-000233-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-224DECEMBER 18, 2002

After all interested parties had spoken on the ordinance, Councilman Manolio moved the hearing heclosed. So ordered.

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

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

ORDINANCE 2002-16

AN ORDINANCE AMENDING AND .f=L ARlFYIN GSECTION 30-7.10(B) OF THE ZONING ORDINANCE

OF THE BOROUGHOF ENGLEWOOD CLIFFSCOUNTY OF BERGEN, STATE OF NEW JERSEY

WHEREAS, Section 30-7.10(b) of the Zoning Ordinance of the Borough establishesbuffer zones in the B- 1, B-2, B-3 and B-4 Zones in the Boro ugh of Englewood Cliffs; and

WHEREAS, a question of interpretat ion has arisen pursuant to Subparagraph (b) of theSection 30-7.10 of such Ordinance; and

WHEREAS, the Ordinance was intended to provide that where a residential lot locatednorth of the centerline of Hollywood Avenue and south of the exten sion of the center line ofSamford Drive adjoins the B-2 Zone north of the center line of Hollywood Avenue, then theresidential lot would be provided with a 120 foot buffer and a 100 foot buffer for property locatednorth of the center line of Samford Drive to the Tenafly boundary, and a 50 fool buffer for anyresidential property lying south of the center line of Hollywood Avenue and North of the centerline of Van Nostrand Avenue; and

WHEREAS, such buffer was to be maintained on the B-2 Zone lot ; and

WHEREAS, a question has arisen in a litigation where it was alleged that a propertyowner, whose property was south of the center of Hollywood Avenue, is entitled to a 120 footbuffer in the B-2 Zone located north of the center line of Hollywood Avenue; and

WHEREAS, that is not the intent of the Zoning Ordinance ; and

WHEREAS, the Borough Attorney has advised the governing body that this issue mustbe clarified;

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

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2002-000234-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-225DECEMBER 18, 2002

1. Section 30-7.1O(b) of tbe Zoning Ordinance oftbe Borougb of Englewood Cliffsis bereby amended to read as follows:

"Where a residential zone adj oins a B-2 zone and tbe residential property is south of thecenter line of Hollywood Avenue, and north oftbe center line of Van Nostrand Avenue, a bufferarea of 50 feet sball be maintained on tbe B-2 zone lot, unless such B-2 lot has heretofore beendeveloped and no buffer was provided for prior to tbe development of the B-2 lot; wbere aresidential zone adjoins a B-2 zone and tbe residential property is nortb of tbe center line ofHollywood Avenue and soutb of tbe center line of Samford Drive, a buffer area of 120 feet sballbe maintained on the B-2 zone lot unless sucb B-2 zone lot bas beretofore been developed and nobuffer was provided for prior to the development of the B-2 lot; wbere a residential zone adjoinsa B-2 zone and the residential property is north of the center line of Samford Drive and south ofthe Tenafly boundary a buffer area of 100 feet sball be maintained on tbe B-2 zone lot unless sucbproperty bas heretofore been developed and no buffer was provided for prior to the developmentof the B-2 lot."

2. Any provisions of Ordinance 30-7.1O(b) tbat is inconsistent with the terms andprovisions of this Ordinance are hereby repealed and deemed of no further force and effect.

BE IT FURTHER ORDAINED that this Ordinance sball become effective uponadoption and publication in accordance with law; and

BE IT FURTHER ORDAINED that all ordinances or parts of ordinances otber than thezoning ordinance of the borough whicb are inconsistent with tbe provisions of this chapter arehereby repealed to the extent of sucb inconsistency; and

BE IT FURTHER ORD AINED should any part or provision of this Ordinance be heldunconstitutional or invalid, such decision shall not affect the validity of this Ordinance as a wholeor any part thereof, other tbat the part beld so unconstitutional or invalid.

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

COMMITTEE REPORTS:

COUNCILMAN KASOFF: Fire, Transportation, Beautification, Clean Communities

Councibnan Kasoffreported that the Volunteer Fire responded to fires on DecemberIS and 16.

COUNCILWOMAN NORTON :

No Report

Sanitation, Ligbting

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2002-000235-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

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02-226DECEMBER 18,2002

COUNCILMAN PARISI: Police, Planning Board, Legal

Councilman Parisi reported that Pt l, Wicker and Ptl. Henkelman bave completedtwo years of service.

The Police Dept. bas received a donation of 4 electronic blood pressure gauges.

Lt. Murray, Lt. Cioffi, and Ptl. Mum were commended for the recovery of antique silverthat bad been stolen.

Ptl. Tracy and Pt!. Boccber will be completing training at the Police Academy.

Tbe Chamber of Commerce beld their annual Christmas party at the Assem bly Rest.

The Planning Board adopted memorialized 2 resolutions. Maricbal and V&R Developers.

COUNCILMAN PLA WKER: Financ e, Historical, Board of Education

The State Board of Education did not lift the injunction. Tbey will reconsider inJanuary wben they receive additional information for analysis.

COUNCILWOMAN DRIMONES: Recreation

TIle following programs bave begun: Indoor Soccer, Basketball, & Baseball Clinic.

COUNCILMAN MANOLIO: DPW, Building & Grounds, Recycl ing, Bd. OfAdj.

The Board of Adjustment granted two beight variances on Ropes Road.

They bave a cell tower on the agenda for the next meeting.

A variance was granted for a borne on Palisade Avenue

Councilman Manolio commended the DPW for the excellent job they did removing thesnow.

REPORT OF BOROUGH ENGINEER:

The road impro vement program is on hold until the spring because of the cold weather.They bave to finisb repairing some of the sanitary sewers and pave Irving Avenue.

Mr. Hipolit is going to go out for bids on Stages 5 & 6 of the sanitary sewer rehabilitation.

MAY 05 2009

COURTESY OF COUNCILMAN ROBERT AGRESTA TRANSPARENCY IN GOVERNMENT INITIATIVE - HTTP://WWW.ROBERTAGRESTA.COM

2002-000236-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 237: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-227DECEMBER 18, 2002

NEW BUSINESS:

With the advice and consent of Council, Mayor Parisi appointed Ryan Gallagher as a member of theEnglewood Cliffs Volunteer Fire Department.

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

With the advice and consent of Council, Mayor Parisi appointed Erc Inspection Agency as the ThirdParty Elevator Inspectors for 2003 and 2004.

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

RESOLUTION 02-105

RE: APPOINTMENT OF ELEVATOR INSPECTOR FOR 2003

WHEREAS, it is necessary for the Borough of Englewood Cliffs to engage the services of anElevator Inspector for the year 2003 to provide Elevator Inspection services which are necessary forthe operation of said Borough; and

WHEREAS, funds will be available by way of elevator inspection fees to compensate saidInspector; and

WHEREAS, the Local Public Contracts Law (NJ.R.S. 40A:11 et seq) and NJ.A.C. 5:23-4.5Arequires that the resolution authorizing the award of contracts for "professional services" withoutcompetitive bids must be publicly advertised;

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

That the Borough Elevator Inspector for a period of two (2) years, 2003 and 2004, is herebydesignated as ErC Inspection Agency Corp, 3705 Kennedy Blvd., Jersey City, N.J. 07307. Theinspector is Joseph Castellon, license #002783-ESIEUSCfHHS. The compensation for said positionshall be 60% of the DCA fees collected as per the bid submitted;

This contract is awarded without public bidding as professional services under the Local ContractsLaw by virtue of NJ .R.S. 40A:I I-7 and NJ.A.C. 5:23-4.5A which specifically exempts suchcontracts from the requirements of public bidding. The Borough Clerk is hereby authorized anddirected to publish a copy of this resolution in the newspaper within ten (10) days from the datehereof.

MAY 05 2009

COURTESY OF COUNCILMAN ROBERT AGRESTA TRANSPARENCY IN GOVERNMENT INITIATIVE - HTTP://WWW.ROBERTAGRESTA.COM

2002-000237-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)

Page 238: 2002 Complete Mayor & Council Minutes of the Borough of Englewood Cliffs

02-228DECEMBER 18, 2002

Councilwoman Drirnones asked the Police Chief research the parking on the side streets,between Palisade Avenue and Middlesex Avenue .

Mayor Parisi recommended that Council woman Drirnones form an Ad Hoc Committee to study thesituation.

PUBLIC PORTION : On a motion by Plawker, seconded by Kasoff, the meeting was opened to thepublic. Carried.

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

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

j

ATTEST:

JOSEPH FAV ARO, MUNICIPAL CLERK

APPROVED:

JOSEPH C. PARISI, MAYOR

MAY 05 2009

COURTESY OF COUNCILMAN ROBERT AGRESTA TRANSPARENCY IN GOVERNMENT INITIATIVE - HTTP://WWW.ROBERTAGRESTA.COM

2002-000238-REV1

2002 MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS RETRIEVED UNDER THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)