Regular Meeting Minutes, 03-11-2009, Borough of Englewood Cliffs, NJ

COURTESY OF COUNCILMAN ROBERT AGRESTA
TRANSPARENCY IN GOVERNMENT INITIATIVE - HTTP://WWW.ROBERTAGRESTA.COM

JUNE 11, 2009 2008/2009-000137-REV1
BOROUGH OF ENGLEWOOD CLIFFS
BERGEN COUNTY, NEW JERSEY
MINUTES OF THE REGULAR MEETING OF MARCH 11, 2009

CALL TO ORDER AT 8:00 P.M. DRAFT FOR APPROVAL
PRESENT AT ROLL CALL:
Mayor Joseph C. Parisi Jr.

Council President Ilan Plawker
Councilman Patrick Perin
Councilman Eric Petrone
Councilman Robert Agresta
ABSENT AT ROLL CALL:
Councilman Thomas Manolio

Councilman Jerry Kasoff
ALSO PRESENT:
Municipal Attorney E. Carter Corriston, Esq.

Municipal Engineer Bernard Mirandi
Chief of Police Thomas Bauernschmidt
Deputy Chief Michael Cioffi
Superintendent DPW Rodney Bialko
Municipal Clerk Deborah Fehre
Deputy Clerk Ilene Cohen
FLAG SALUTE LEAD BY: Council President Ilan Plawker
MAYOR PARISI ASKED THAT THE FOLLOWING STATEMENT BE READ:
ADEQUATE NOTICE OF THIS MEETING WAS GIVEN TO THE PRESS AND POSTED AS
REQUIRED. DATE AND TIME OF THIS MEETING WAS LEGALLY GIVEN AS REQUIRED 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.
DRAFT MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS

AVAILABLE THROUGH THE NJ OPEN PUBLIC RECORDS ACT P.L.1963, C.73 (C.47:1A-1 ET SEQ.)
JUNE 11, 2009 2008/2009-000138-REV1
MINUTES OF THE FOLLOWING MEETINGS WERE ACCEPTED AS PRESENTED ON A

MOTION BY COUNCILMAN PLAWKER, SECONDED BY COUNCILMAN PERIN, AND
CARRIED.
Caucus Meeting of January 21, 2009

Regular Meeting of January 21, 2009
Special Meeting of February 4, 2009
Caucus Meeting of February 11, 2009
Regular Meeting of February 11, 2009*
*as resolution 2009-42 was amended to include the purchase of a vac truck.
THE FOLLOWING REPORTS WERE ORDERED FILED ON A MOTION BY COUNCILMAN

PLAWKER, SECONDED BY COUNCILMAN PERIN, AND CARRIED.
Police Report of February, 2009

Court Report of February, 2009
Construction Code Officials Report of February, 2009
Collector/Treasurer’s Report of January, 2009
CLAIMS:
On a motion by Councilman Perin, seconded by Councilman Agresta, the Claims for the month of March,
2009 in the amount of__________were ordered paid.
Ayes: Agresta, Perin, Plawker, Petrone,

Absent: Kasoff, Manolio
RESOLUTIONS:
MAYOR PARISI STATED:

“IF ANYONE WISHES TO COMMENT ON ANY RESOLUTION TO BE ACTED ON THIS EVENING,
THEY MAY DO SO AT THIS TIME.”
On a motion by Councilman Plawker, seconded by Councilman Perin, the meeting was opened to public
comment on all resolutions.
Mary O’Shea, resident, 12 Irving Avenue, commented that she thought the patio of the bicycle Club would be
for smoking and carrying drinks out only.
Mayor Parisi recused himself for the discussion involving Bicycle club.
E. Carter Corriston noted that liquor license expansion can be approved for consumption and the Board of
Adjustment resolution will be checked.
Steven Rubinsky, resident, inquired about COAH resolutions, he thought COAH was settled five years ago.

JUNE 11, 2009 2008/2009-000139-REV1
Mayor Parisi briefly explained the new COAH situation.
On a motion by Councilman Plawker, seconded by Councilman Perin, the meeting was closed to public
comment.
Council President Plawker presided over the following, Mayor recused himself.
On a motion by Councilman Perin, seconded by Councilman Agresta, Resolution 2009-47 was offered
for adoption:
ROLL CALL:
AYES: Agresta, Perin, Plawker, Petrone,
ABSENT: Kasoff, Manolio
RESOLUTION 09-47
TITLE: TRANSFER OF PLENARY LICENSE #0216-33-003-003

PLACE TO PLACE
WHEREAS, an application has been filed for a place to place transfer (Expansion of Premises) of Plenary
Retail Consumption License 0216-33-003-003, for purposes of expanding the premises under license wherein
the sale, service, and storage of alcoholic beverages are authorized;
WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and
the license has been properly renewed for the current license term;
WHEREAS, the applicant is qualified to be licensed according to all standard established by Title 33 of the
New Jersey Statutes, regulations promulgated thereunder, as well as pertinent local ordinances and conditions
consistent with Title 33;
NOW, THEREFORE BE IT RESOLVED that the Englewood Cliffs Governing body does hereby
approve, effective March 11, 2009, the expansion of the aforesaid Plenary Retail Consumption Licensed
premises located at 487 Sylvan Avenue Englewood Cliffs, New Jersey, to place under license the area
delineated in the application form and the sketch of the licensed premises attached thereto.
Mayor Parisi returned to the meeting.
On a motion by Councilman Perin, seconded by Councilman Agresta, Resolutions 2009-43 and 2009-
44 were offered for adoption:
ROLL CALL:
RESOLUTION NO. 2009-43
WHEREAS, pursuant to the Housing Element and Fair Share Plan, the governing body of the
Borough of Englewood Cliffs will petition COAH for approval of the construction of fifty four (54) units;
and
JUNE 11, 2009 2008/2009-000140-REV1
WHEREAS, in the event of a short fall of anticipated revenues, the Borough of Englewood Cliffs
intends to provide such short fall by the issuance of bonds;
NOW THEREFORE, BE IT RESOLVED that the Borough of Englewood Cliffs will formally set
forth that in conjunction with the petition for approval of the Housing Element and Fair Share Plan, that
they intend to fund any short fall of anticipated revenues by means of the issuance of bonds in regard to
the construction of said fifty four (54) units.
RESOLUTION 2009-44
WHEREAS, the Borough of Englewood Cliffs has authorized the filing of a Petition of
Certification for the Housing Element and Fair Share Plan; and
WHEREAS, they have further completed a Spending Plan pursuant to N.J.A.C. 5:97-8.10;
NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of
Englewood Cliffs hereby approves the submission of said Spending Plan.
On a motion by Councilman Plawker, seconded by Councilman Perin, the following Resolutions were
offered for adoption by consent agenda:
ROLL CALL:
AYES: Agresta*, Perin, Plawker, Petrone*,
ABSTAIN*: Agresta, Petrone on Resolution 09-45
AMENDED RESOLUTION 2009-45
WHEREAS, the Borough of Englewood Cliffs has received a proposal to furnish the
SE
Englewood Cliffs Police Department with an update of its PoliSYS to PoliSYS Enterprise Edition by
Enforsys Police Systems, Inc., which shall also include the Englewood Cliffs Fire Department and
Englewood Cliffs EMS; and
WHEREAS, a resolution was passed on January 21, 2009, authorizing the Mayor to enter into a
contract in the amount of $84,667.86 pursuant to a proposal dated November 26, 2008; and
WHEREAS, the original proposal failed to include two (2) additional licenses and the
Cross/Match LiveScan and increased maintenance fees of $2,000.00 per year, and would, therefore,
change the cost of the proposal to a total of $94,725.00.
NOW, THEREFORE, BE IT RESOLVED that the Mayor is hereby authorized to enter into an
amended agreement with Enforsys, Inc., in the amount of $94,725.00, pursuant to said proposal, with the
approval of the Borough Attorney.

JUNE 11, 2009 2008/2009-000141-REV1
RESOLUTION 09-46
TITLE: ACCEPT DONATION TO ENGLEWOOD CLIFFS POLICE DEPT.
WHEREAS, Unilever United States Foundation, Inc. has donated $3,000.00 to the Englewood Cliffs
Police Department; and
WHEREAS, a check in the amount of $3,000.00 has been received by the Borough and has been
deposited in the Borough’s Police Trust Fund account;
NOW, THEREFORE,
BE IT RESOLVED that the Englewood Cliffs Mayor and Council does hereby accept the generous
donation of Unilever United States foundation, Inc.
RESOLUTION 2009-48
RE: TRANSFER OF FUNDS BETWEEN 2008 APPROPRIATION RESERVES
BE IT RESOLVED by the Mayor and Council of the Borough of Englewood Cliffs that the following
transfers between the 2008 Budget appropriations be made:
FROM: TO:
Group Insurance $13,053.00 Legal O/E $4,909.00
Street & Road O/E $ 22.00
First Aid O/E $1,422.00
Utilities Telephone $6,700.00
TOTAL $13,053.00 TOTAL $13,053.00
RESOLUTION 2009-49
BE IT RESOLVED; that the Mayor & Council of the Borough of Englewood Cliffs wishes to enter into a
grant agreement with the County of Bergen for the purpose of using $92,500.00 in Program Year 2008
Open Space Trust Funds for Woodland Park Basketball Court Rehabilitation in the Borough of
Englewood Cliffs; and
BE IT FURTHER RESOLVED, that the Mayor and Council hereby authorizes Mayor Joseph C. Parisi Jr.
to be signatory to the aforesaid grant agreement; and
BE IT FURTHER RESOLVED, that the Mayor and Council hereby authorizes Deborah L. Fehre to sign
all County vouchers submitted in connection with the aforesaid project; and

JUNE 11, 2009 2008/2009-000142-REV1
BE IT FURTHER RESOLVED, that the Mayor and Council recognizes that the Borough of Englewood
Cliffs is liable for a dollar for dollar match for any funds awarded in accordance with the Trust
requirements;
RESOLUTION 2009-50
BE IT RESOLVED; that the Mayor & Council of the Borough of Englewood Cliffs does hereby name the
Englewood Cliffs Summer Recreation Program “The Neil Vill Summer Recreation Program” in memory
of Neil Vill; a dear friend to the Borough of Englewood Cliffs, Councilman, and Recreation Director.
BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mrs. Vill in recognition and
appreciation of Mr. Vill’s passion and dedication to the Borough of Englewood Cliffs, especially to the
recreation program.
R E S O L U T I O N 2009-51
Resolution to Request a Minimum of 35 Years Until Joseph McGowan’s Next Parole Date
WHEREAS, on April 19, 1973, Joan Angela D’Alessandro, a resident of Hillsdale, Bergen
County, then 7 years old, was brutally assaulted and murdered by her neighbor, Joseph McGowan while
delivering Girl Scout cookies; and
WHEREAS, Joseph McGowan, a former high school chemistry teacher, is currently incarcerated
for the killing of Joan Angela D’Alessandro; and
WHEREAS, Joan Angela D’Alessandro’s mother, Rosemarie D’Alessandro has worked

effortlessly for 15 years to persuade the New Jersey Parole Board to keep Joseph McGowan behind bars;
and
WHEREAS, Joseph McGowan has gone before the Parole Board of East Jersey State Prison
many times already. His release was denied in 1993, 1998, 2002 and 2008 the parole hearing found that
Joseph McGowan was unwilling to take responsibility for murdering his neighbor; and
WHEREAS, Joseph McGowan has never shown any remorse for his crime and has made no
substantial progress in addressing the issues that led him to murder Joan Angela D’Alessandro and has
demonstrated a substantial risk for recidivism. Joseph McGowan has even been characterized as having
the personality of a mass murderer; and
WHEREAS, Joan’s family should not be made to relive this horrible crime every few years when
there is a parole hearing. They continue to suffer unnecessarily on Joseph McGowan’s account; and
WHEREAS, in addition to the efforts of Rosemarie D’Alessandro, the Borough of Englewood

Cliffs hereby supports the position that Joseph McGowan should not be granted another parole hearing
for a minimum of thirty five years. The rape and murder of an innocent child is a serious crime that
demands justice; and the family of Joan Angela D’Alessandro should be given the peace of mind of
knowing that their child’s murderer will remain behind bars for another thirty five years before he can be
eligible for parole.

JUNE 11, 2009 2008/2009-000143-REV1
NOW, THEREFORE, BE IT RESOLVED that the Borough of Englewood Cliffs hereby abides
by the conclusion that the next eligible parole date of Joseph McGowan should not be for a minimum 35
years from now otherwise this creates a grave injustice to the family of Joan Angela D’Alessandro as well
as to society.
BE IT FURTHER RESOLVED that a copy of this resolution shall be sent to the New Jersey State
Assembly, All Bergen County municipalities, the Bergen County Police Chiefs Association, the New
Jersey PBA, the New Jersey State Senate, the Office of the Bergen County Prosecutor, and to Chairman
Peter J. Barnes Jr. of the New Jersey State Parole Board.
RESOLUTION 2009-53
WHEREAS, as a result of the resignation of Lino Boccher, Fire Sub-Code Official, effective
January 31, 2009, a vacancy existed; and
WHEREAS, the Mayor and Council appointed William J. McGuire to the position of Acting
Sub-Code Official at a salary of $909.09 for a term of up to 60 days, effective January 31, 2009.
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council hereby extends the
appointment of William J. McGuire as Acting Fire Sub-Code Official of the Borough of Englewood
Cliffs at a salary of $909.09 for an additional term of 60 days, effective April 1, 2009.
Councilman Plawker inquired about an Englewood Hospital resolution to support Englewood Hospital
regarding the issue of Pascack Valley Hospital not returning to a full service hospital.
Mayor Parisi did not put the resolution on the agenda. Councilman Plawker and Councilman Agresta
were to submit revised resolutions after a meeting with Englewood Hospital. The council received
Council President Plawker’s resolution, but not Councilman Agresta’s resolution. Councilman Agresta
stated that he has since changed his mind regarding the issue.
Council President Plawker read his resolution.
On a motion by Plawker, seconded by none, the resolution was not acted upon.
COUNCILMAN PERIN CALLED UP FOR SECOND READING AN ORDINANCE ENTITLED:
ORDINANCE 2009-02
AN ORDINANCE AMENDING ORDINANCE 2008-05 FIXING SALARIES, WAGES AND

COMPENSATION for all salaried, appointed and elected Officers within the Borough of Englewood Cliffs,
in the County of Bergen, and State of New Jersey.
The clerk presented affidavit of publication, showing that advertisement had been made according to law,
which was ordered filed. Councilman Plawker moved a public hearing be held on the ordinance. So ordered.
Councilman Plawker moved the clerk read the ordinance by title on second reading. So ordered. The clerk
thereupon read the ordinance by title. The mayor then announced that all interested parties would now be
given opportunity to be heard for or against the adoption of the ordinance.

JUNE 11, 2009 2008/2009-000144-REV1
The following people spoke on the ordinance:
Mary O’Shea, resident, 12 Irving Avenue, stated that she thought there was a shuffling of the titles of
positions in the Building Department.
Mrs. Fehre explained the change in titles per the State of New Jersey and the change in personnel.
Carrol McMorrow, resident, inquired as to Building Department Assistant position.
After all interested parties had spoken on the ordinance, Councilman Perin moved the hearing be closed. So
ordered.
Councilman Plawker moved the ordinance be adopted on second reading and final passage, which motion
was seconded by Councilman Perin, and adopted upon a call of the roll.
AYE: Perin, Plawker,

ABSTAIN: Agresta, Petrone,
ORDINANCE 2009-02
AN ORDINANCE AMENDING ORDINANCE 2008-05 FIXING SALARIES, WAGES AND

COMPENSATION for all salaried, appointed and elected Officers within the Borough of Englewood Cliffs,
in the County of Bergen, and State of New Jersey.
BE IT ORDAINED by the Mayor and Council of the Borough of Englewood Cliffs, County of Bergen,
State of New Jersey, as follows:
SECTION I. The following salaries, wages and/or compensation shall be paid to the respective employees
of the Borough of Englewood Cliffs, for the year 2009, as set forth below:
19. Borough Prosecutor - an annual salary of $4,262.11
20. Borough Public Defender - an annual salary of $10,649.09
23. Control Person - Delete
33. Recreation Youth Coordinator – Delete
47. Building Department Assistant – annual salary $20,000.00
48. Recreation Director – annual salary $15,000.00
COUNCILMAN PERIN CALLED UP FOR SECOND READING AN ORDINANCE ENTITLED:
ORDINANCE 2009-03

JUNE 11, 2009 2008/2009-000145-REV1
AN ORDINANCE AMENDING ORDINANCE 2006-25
PROVIDING FOR THE DEVELOPMENT FEES PURSUANT TO
N.J.S.A. 52:27D-301 ET SEQ
AND RESCINDING THOSE PORTIONS THEREOF THAT A RE
INCONSISTENT WITH THIS ORDINANCE
The clerk presented affidavit of publication, showing that advertisement had been made according to law,
which was ordered filed. Councilman Plawker moved a public hearing be held on the ordinance. So ordered.
Councilman Perin moved the clerk read the ordinance by title on second reading. So ordered. The clerk
thereupon read the ordinance by title. The mayor then announced that all interested parties would now be
given opportunity to be heard for or against the adoption of the ordinance.
After ample opportunity had been given and no one responding Councilman Plawker moved the hearing be
closed. So ordered.
Councilman Perin moved the ordinance be adopted on second reading and final passage, which motion was
seconded by Councilman Plawker, and adopted upon a call of the roll.

Ordinance 2009-03
AN ORDINANCE AMENDING ORDINANCE 2006-25

PROVIDING FOR THE DEVELOPMENT FEES PURSUANT TO
N.J.S.A. 52:27D-301 ET SEQ
AND RESCINDING THOSE PORTIONS THEREOF THAT A RE
INCONSISTENT WITH THIS ORDINANCE
1. Purpose
a) In Holmdel Builder’s Association V. Holmdel Township, 121 N.J. 550 (1990), the New
Jersey Supreme Court determined that mandatory development fees are authorized by the
Fair Housing Act of 1985 (the Act), N.J.S.A. 52:27d-301 et seq., and the State Constitution,
subject to the Council on Affordable Housing’s (COAH’s) adoption of rules.
b) Pursuant to P.L.2008, c.46 section 8 (C. 52:27D-329.2) and the Statewide Non-Residential
Development Fee Act (C. 40:55D-8.1 through 8.7), COAH is authorized to adopt and
promulgate regulations necessary for the establishment, implementation, review, monitoring
and enforcement of municipal affordable housing trust funds and corresponding spending
plans. Municipalities that are under the jurisdiction of the Council or court of competent
jurisdiction and have a COAH-approved spending plan may retain fees collected from non-
residential development.
c) This ordinance establishes standards for the collection, maintenance, and expenditure of
development fees pursuant to COAH’s regulations and in accordance P.L.2008, c.46,

JUNE 11, 2009 2008/2009-000146-REV1
Sections 8 and 32-38. Fees collected pursuant to this ordinance shall be used for the sole
purpose of providing low- and moderate-income housing. This ordinance shall be
interpreted within the framework of COAH’s rules on development fees, codified at N.J.A.C.
5:97-8.
2. Basic requirements
a) This ordinance shall not be effective until approved by COAH pursuant to N.J.A.C. 5:96-
5.1.
b) The Borough of Englewood Cliffs shall not spend development fees until COAH has
approved a plan for spending such fees in conformance with N.J.A.C. 5:97-8.10 and
N.J.A.C. 5:96-5.3.
3. Definitions
a) The following terms, as used in this ordinance, shall have the following meanings:
i. “Affordable housing development” means a development included in the Housing Element

and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a
municipal construction project or a 100 percent affordable development.
i. “COAH” or the “Council” means the New Jersey Council on Affordable Housing
established under the Act which has primary jurisdiction for the administration of housing
obligations in accordance with sound regional planning consideration in the State.
ii. “Development fee” means money paid by a developer for the improvement of property as
permitted in N.J.A.C. 5:97-8.3.
iii. “Developer” means the legal or beneficial owner or owners of a lot or of any land proposed
to be included in a proposed development, including the holder of an option or contract to
purchase, or other person having an enforceable proprietary interest in such land.
iv. “Equalized assessed value” means the assessed value of a property divided by the current
average ratio of assessed to true value for the municipality in which the property is situated,
as determined in accordance with sections 1, 5, and 6 of P.L.1973, c.123 (C.54:1-35a through
C.54:1-35c).
v. “Green building strategies” means those strategies that minimize the impact of development
on the environment, and enhance the health, safety and well-being of residents by producing
durable, low-maintenance, resource-efficient housing while making optimum use of existing
infrastructure and community services.
4. Residential Development fees

JUNE 11, 2009 2008/2009-000147-REV1
a) Imposed fees
i. Within the Borough of Englewood Cliffs’ district(s), residential developers, except

for developers of the types of development specifically exempted below, shall pay a
fee of one percent (1%) of the equalized assessed value for residential development
provided no increased density is permitted.
ii. When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known

as a “d” variance) has been permitted, developers may be required to pay a
development fee of six percent (6%) of the equalized assessed value for each
additional unit that may be realized. However, if the zoning on a site has changed
during the two-year period preceding the filing of such a variance application, the
base density for the purposes of calculating the bonus development fee shall be the
highest density permitted by right during the two-year period preceding the filing of
the variance application.
Example: If an approval allows four units to be constructed on a site that was zoned
for two units, the fees could equal one and a half percent of the equalized assessed
value on the first two units; and the specified higher percentage up to six percent of
the equalized assessed value for the two additional units, provided zoning on the site
has not changed during the two-year period preceding the filing of such a variance
application.
b) Eligible exactions, ineligible exactions and exemptions for residential development
i. Affordable housing developments, developments where the developer is providing for

the construction of affordable units elsewhere in the municipality, and developments
where the developer has made a payment in lieu of on-site construction of affordable
units shall be exempt from development fees.
ii. Developments that have received preliminary or final site plan approval prior to the
adoption of a municipal development fee ordinance shall be exempt from
development fees, unless the developer seeks a substantial change in the approval.
Where a site plan approval does not apply, a zoning and/or building permit shall be
synonymous with preliminary or final site plan approval for this purpose. The fee
percentage shall be vested on the date that the building permit is issued.
iii. Development fees shall be imposed and collected when an existing structure
undergoes a change to a more intense use, is demolished and replaced, or is
expanded, if the expansion is not otherwise exempt from the development fee
requirement. The development fee shall be calculated on the increase in the
equalized assessed value of the improved structure.
5. Non-residential Development fees
a) Imposed fees

JUNE 11, 2009 2008/2009-000148-REV1
i. Within all zoning districts, non-residential developers, except for developers of the
types of development specifically exempted, shall pay a fee equal to two and one-half
(2.5) percent of the equalized assessed value of the land and improvements, for all
new non-residential construction on an unimproved lot or lots.
ii. Non-residential developers, except for developers of the types of development

specifically exempted, shall also pay a fee equal to two and one-half (2.5) percent of
the increase in equalized assessed value resulting from any additions to existing
structures to be used for non-residential purposes.
iii. Development fees shall be imposed and collected when an existing structure is
demolished and replaced. The development fee of two and a half percent (2.5%)
shall be calculated on the difference between the equalized assessed value of the pre-
existing land and improvement and the equalized assessed value of the newly
improved structure, i.e. land and improvement, at the time final certificate of
occupancy is issued. If the calculation required under this section results in a
negative number, the non-residential development fee shall be zero.
b) Eligible exactions, ineligible exactions and exemptions for non-residential development
i. The non-residential portion of a mixed-use inclusionary or market rate development

shall be subject to the two and a half (2.5) percent development fee, unless otherwise
exempted below.
ii. The 2.5 percent fee shall not apply to an increase in equalized assessed value
resulting from alterations, change in use within existing footprint, reconstruction,
renovations and repairs.
iii. Non-residential developments shall be exempt from the payment of non-residential

development fees in accordance with the exemptions required pursuant to P.L.2008,
c.46, as specified in the Form N-RDF “State of New Jersey Non-Residential
Development Certification/Exemption” Form. Any exemption claimed by a
developer shall be substantiated by that developer.
iv. A developer of a non-residential development exempted from the non-residential

development fee pursuant to P.L.2008, c.46 shall be subject to it at such time the
basis for the exemption no longer applies, and shall make the payment of the non-
residential development fee, in that event, within three years after that event or after
the issuance of the final certificate of occupancy of the non-residential development,
whichever is later.
v. If a property which was exempted from the collection of a non-residential

development fee thereafter ceases to be exempt from property taxation, the owner of
the property shall remit the fees required pursuant to this section within 45 days of
the termination of the property tax exemption. Unpaid non-residential development
fees under these circumstances may be enforceable by the Borough of Englewood
Cliffs as a lien against the real property of the owner.

JUNE 11, 2009 2008/2009-000149-REV1
6. Collection procedures
a) Upon the granting of a preliminary, final or other applicable approval, for a

development, the applicable approving authority shall direct its staff to notify the
construction official.
b) For non-residential developments only, the developer shall also be provided with a
copy of Form N-RDF “State of New Jersey Non-Residential Development
Certification/Exemption” to be completed as per the instructions provided. The
developer of a non-residential development shall complete Form N-RDF as per the
instructions provided. The construction official shall verify the information
submitted by the non-residential developer as per the instructions provided in the
Form N-RDF. The Tax assessor shall verify exemptions and prepare estimated and
final assessments as per the instructions provided in Form N-RDF.
c) The construction official responsible for the issuance of a building permit shall notify
the local tax assessor of the issuance of the first building permit for a development
which is subject to a development fee.
d) Within 90 days of receipt of that notice, the municipal tax assessor, based on the
plans filed, shall provide an estimate of the equalized assessed value of the
development.
e) The construction official responsible for the issuance of a final certificate of

occupancy notifies the local assessor of any and all requests for the scheduling of a
final inspection on property which is subject to a development fee.
f) Within 10 business days of a request for the scheduling of a final inspection, the
municipal assessor shall confirm or modify the previously estimated equalized
assessed value of the improvements of the development; calculate the development
fee; and thereafter notify the developer of the amount of the fee.
g) Should the Borough of Englewood Cliffs fail to determine or notify the developer of
the amount of the development fee within 10 business days of the request for final
inspection, the developer may estimate the amount due and pay that estimated
amount consistent with the dispute process set forth in subsection b. of section 37 of
P.L.2008, c.46 (C.40:55D-8.6).
h) Fifty percent of the development fee shall be collected at the time of issuance of the
building permit. The remaining portion shall be collected at the issuance of the
certificate of occupancy. The developer shall be responsible for paying the
difference between the fee calculated at building permit and that determined at
issuance of certificate of occupancy.

JUNE 11, 2009 2008/2009-000150-REV1
i) Appeal of development fees
1) A developer may challenge residential development fees imposed by

filing a challenge with the County Board of Taxation. Pending a review
and determination by the Board, collected fees shall be placed in an
interest bearing escrow account by the Borough of Englewood Cliffs.
Appeals from a determination of the Board may be made to the tax court
in accordance with the provisions of the State Tax Uniform Procedure
Law, R.S.54:48-1 et seq., within 90 days after the date of such
determination. Interest earned on amounts escrowed shall be credited to
the prevailing party.
2) A developer may challenge non-residential development fees imposed by

filing a challenge with the Director of the Division of Taxation. Pending
a review and determination by the Director, which shall be made within
45 days of receipt of the challenge, collected fees shall be placed in an
interest bearing escrow account by Borough of Englewood Cliffs.
Appeals from a determination of the Director may be made to the tax
court in accordance with the provisions of the State Tax Uniform
Procedure Law, R.S.54:48-1 et seq., within 90 days after the date of such
determination. Interest earned on amounts escrowed shall be credited to
the prevailing party.
7. Affordable Housing trust fund
a) There is hereby created a separate, interest-bearing housing trust fund to be

maintained by the Chief Financial Officer for the purpose of depositing
development fees collected from residential and non-residential developers and
proceeds from the sale of units with extinguished controls.
b) The following additional funds shall be deposited in the Affordable Housing

Trust Fund and shall at all times be identifiable by source and amount:
1. payments in lieu of on-site construction of affordable units;
2. developer contributed funds to make ten percent (10%) of the adaptable
entrances in a townhouse or other multistory attached development
accessible;
3. rental income from municipally operated units;
4. repayments from affordable housing program loans;
5. recapture funds;
6. proceeds from the sale of affordable units; and
7. any other funds collected in connection with Englewood Cliff]’s affordable
housing program.
c) Within seven days from the opening of the trust fund account, Borough of
Englewood Cliffs shall provide COAH with written authorization, in the form of
a three-party escrow agreement between the municipality, TD Bank and COAH
to permit COAH to direct the disbursement of the funds as provided for in
N.J.A.C. 5:97-8.13(b).

JUNE 11, 2009 2008/2009-000151-REV1
d) All interest accrued in the housing trust fund shall only be used on eligible
affordable housing activities approved by COAH.
8.Use of funds
a) The expenditure of all funds shall conform to a spending plan approved by

COAH. Funds deposited in the housing trust fund may be used for any activity
approved by COAH to address the Borough of Englewood Cliffs’ fair share
obligation and may be set up as a grant or revolving loan program. Such
activities include, but are not limited to: preservation or purchase of housing for
the purpose of maintaining or implementing affordability controls, rehabilitation,
new construction of affordable housing units and related costs, accessory
apartment, market to affordable, or regional housing partnership programs,
conversion of existing non-residential buildings to create new affordable units,
green building strategies designed to be cost saving and in accordance with
accepted national or state standards, purchase of land for affordable housing,
improvement of land to be used for affordable housing, extensions or
improvements of roads and infrastructure to affordable housing sites, financial
assistance designed to increase affordability, administration necessary for
implementation of the Housing Element and Fair Share Plan, or any other activity
as permitted pursuant to N.J.A.C. 5:97-8.7 through 8.9 and specified in the
approved spending plan.
b) Funds shall not be expended to reimburse the Borough of Englewood Cliffs for
past housing activities.
c) At least 30 percent of all development fees collected and interest earned shall be
used to provide affordability assistance to low- and moderate-income households
in affordable units included in the municipal Fair Share Plan. One-third of the
affordability assistance portion of development fees collected shall be used to
provide affordability assistance to those households earning 30 percent or less of
median income by region.
i. Affordability assistance programs may include down payment

assistance, security deposit assistance, low interest loans, rental
assistance, assistance with homeowners association or condominium fees
and special assessments, and assistance with emergency repairs.
ii. Affordability assistance to households earning 30 percent or less of

median income may include buying down the cost of low or moderate
income units in the municipal Fair Share Plan to make them affordable
to households earning 30 percent or less of median income.
iii. Payments in lieu of constructing affordable units on site and funds from
the sale of units with extinguished controls shall be exempt from the
affordability assistance requirement.

JUNE 11, 2009 2008/2009-000152-REV1
d) The Borough of Englewood Cliffs may contract with a private or public entity to
administer any part of its Housing Element and Fair Share Plan, including the
requirement for affordability assistance, in accordance with N.J.A.C. 5:96-18.
e) No more than 20 percent of all revenues collected from development fees, may be
expended on administration, including, but not limited to, salaries and benefits for
municipal employees or consultant fees necessary to develop or implement a new
construction program, a Housing Element and Fair Share Plan, and/or an
affirmative marketing program. In the case of a rehabilitation program, no more
than 20 percent of the revenues collected from development fees shall be
expended for such administrative expenses. Administrative funds may be used
for income qualification of households, monitoring the turnover of sale and rental
units, and compliance with COAH’s monitoring requirements. Legal or other
fees related to litigation opposing affordable housing sites or objecting to the
Council’s regulations and/or action are not eligible uses of the affordable housing
trust fund.
9. Monitoring
a) The Borough of Englewood Cliffs shall complete and return to COAH all
monitoring forms included in monitoring requirements related to the collection of
development fees from residential and non-residential developers, payments in
lieu of constructing affordable units on site, funds from the sale of units with
extinguished controls, barrier free escrow funds, rental income, repayments from
affordable housing program loans, and any other funds collected in connection
with the Borough of Englewood Cliffs’ housing program, as well as to the
expenditure of revenues and implementation of the plan certified by COAH. All
monitoring reports shall be completed on forms designed by COAH.
10. Ongoing collection of fees
a) The ability for the Borough of Englewood Cliffs to impose, collect and expend
development fees shall expire with its substantive certification unless the
Borough of Englewood Cliffs has filed an adopted Housing Element and Fair
Share Plan with COAH, has petitioned for substantive certification, and has
received COAH’s approval of its development fee ordinance. If the Borough of
Englewood Cliffs fails to renew its ability to impose and collect development fees
prior to the expiration of substantive certification, it may be subject to forfeiture
of any or all funds remaining within its municipal trust fund. Any funds so
forfeited shall be deposited into the "New Jersey Affordable Housing Trust Fund"
established pursuant to section 20 of P.L.1985, c.222 (C.52:27D-320). The
Borough of Englewood Cliffs shall not impose a residential development fee on a
development that receives preliminary or final site plan approval after the
expiration of its substantive certification or judgment of compliance, nor shall the
Borough of Englewood Cliffs retroactively impose a development fee on such a
development. The Borough of Englewood Cliffs shall not expend development
fees after the expiration of its substantive certification or judgment of compliance.

JUNE 11, 2009 2008/2009-000153-REV1
BE IT FURTHER ORDAINED that this Ordinance shall become effective upon adoption
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
are hereby repealed to the extent of such inconsistency; and
BE IT FURTHER ORDAINED should any part or provisions of this Ordinance be held

Unconstitutional or invalid, such decision shall not affect the validity of this Ordinance as a
Whole or any part thereof, other than the part held so unconstitutional or invalid.
COMMITTEE REPORTS:
COUNCILMAN KASOFF: Legal, Board of Education,

ABSENT
COUNCILMAN AGRESTA: Sanitation, Lighting
Attended Board of Health seminar, he found it effective and was happy to see other members there.
COUNCILMAN PERIN: Finance, Recreation
Indoor soccer starting playoffs this weekend. Soccer tots are ongoing and successful. Basketball
playoffs are coming up. Girls softball practice is starting. A new cheerleading program is beginning.
Ambulance Corps 42 calls were received, 18 calls were answered by Englewood Cliffs Ambulance
and 23 were answered by the Holy Name support service. Finance budget meetings are starting the
first being on March 21st.
COUNCILMAN PLAWKER: Fire Department, Historical, Economic Development
Commended our Fire Department volunteers, many towns have been forced to have paid
departments.
COUNCILMAN PETRONE: Beautification, Clean Communities
Attended a mandatory Planning Board member training. There was no Planning Board meeting this
month.
COUNCILMAN MANOLIO: DPW, Building & Grounds, Recycling, Bd. Of Adj.

ABSENT
REPORT OF SECRETARY BOARD OF HEALTH:

Mrs. Cohen reported that licenses for dogs, restaurants etc. are being processed.
REPORT OF DPW SUPERINTENDENT:

Mr. Bialko attended geese control seminar. The geese are formidable opponents, very organized and
difficult to remove.
JUNE 11, 2009 2008/2009-000154-REV1
REPORT OF BOROUGH ENGINEER:

Mr. Mirandi stated that Councilman Manolio asked him to report on the Board of Adjustment
meeting. The board approved a variance at 180 Chestnut Street and adjourned an application for 650
Palisade Avenue to next month. Boswell Engineering delivered economic stimulus package to the
State for the Pershing Pond and vac truck project. They met with the contractor of the drainage
project to review the final punch list for restoration of properties. The basketball court survey is
complete. Boswell is in the design phase of the project. They are pricing up road repaving
suggestions and will forward to administration shortly.
REPORT OF POLICE CHIEF:

Chief Bauernschmidt read three letters received by the Police Department. The first was from the
Union City Police Chief regarding successful apprehension of criminals assisted by Englewood
Cliffs police. The second letter was from the Police Chaplain Clifton of the Clifton Police
Department regarding the fatal accident that occurred in Englewood Cliffs. The wife of the victim is
an employee of Clifton Police Department, he commended all members of police, fire and
ambulance in Englewood Cliffs for their caring and dedication during this tragic event. The third
letter was from a resident of Englewood Cliffs who called 911 to report the fatal accident and
witnessed the response to the accident. She commended the police, fire, ambulance and DPW for
their professional, organized and caring response to the scene.
REPORT OF DEPUTY POLICE CHIEF:

Deputy Chief Cioffi attended senior citizen meeting. They showed the seniors film of their police
work, it was informative and the seniors enjoyed it.
REPORT OF MUNICIPAL CLERK/ADMINISTRATOR

Mrs. Fehre received notification from the State regarding extension of budget deadlines. Mrs. Cohen
is updating the website. Mrs. Fehre participated in an online demonstration for an interactive website
for the town.
REPORT OF BOROUGH ATTORNEY:

Arbitration with AJM contractors is scheduled regarding the $10,000.00 additional engineering fees
caused by the contractor. The Cingular case has a final hearing scheduled before Judge Toscus.
PUBLIC PORTION: On a motion by Councilman Agresta, seconded by Councilman Plawker, the

meeting was opened to the public. Carried.
Steven Rubinsky, resident, asked about the Englewood Hospital Resolution. Mayor Parisi clarified
that the resolution had nothing to do with Englewood Cliffs ambulance service.
Mary O’Shea, resident, 12 Irving Avenue, asked if minutes could be posted on the website in the
future. She then asked if the Recycling Coordinator was a paid position. Mayor Parisi stated that we
will take suggestion of the minutes under advisement there is a cost to posting them. The recycling
coordinator is not a paid position. She then stated that the meeting dates were not correct in the
reorganization minutes. Mrs. Fehre explained that those were the dates approved at that meeting, the
change of meeting dates were approved subsequently at another meeting. Mrs. O’Shea then stated
that she feels Pascack Valley Hospital should reopen for the residents in that area. Mayor Parisi
stated that he felt that he, and any Mayor and Council, should not get involved in another
communities desire to have their hospital. Mrs. O’Shea agreed. She thanked the police department
for assisting her mother when she fell in her home. They were very nice, very sweet, and
JUNE 11, 2009 2008/2009-000155-REV1
professional. She then stated that she made an OPRA request for Planning Board minutes for which
she has received some, but not all minutes. Mayor Parisi stated that Mrs. Fehre will follow up
regarding her request.
Steven Rubinsky, resident, inquired if it was possible to have an automatic payment, by a

homeowner’s bank, monthly to the tax department. E. Carter Corriston explained that the legislature
mandated quarterly tax bills. Partial payments may not be made.
George Drimones, resident 71 John Street and Volunteer Fire Chief, stated that they have responded
to mutual aid calls to out of town working fires as well as serving Englewood Cliffs totaling over 300
calls a year. He has served as Chief for 11 years and stated that the department is emotionally and
financially drained over a certain party’s actions. He saw a vote tonight regarding a piece of
equipment needed by all the emergency departments and some did not vote for it. We have been in
service for over 100 years. Council President/Fire Commissioner Ilan Plawker asked about the
financial drain. Mr. Drimones answered that they had to pay legal expenses. Mayor Parisi stated that
there will be no discussion of the litigation by the council. Ilan Plawker commented that the other
option to a volunteer organization is a paid department which is roughly estimated at 4-5 million
dollars a year. This can happen when volunteerism is dispirited.
Andrew Nikow, resident 54 Elm Street, and Volunteer Firefighter, stated that the fire Department is
like a family, there are many families including his who serve the department. Another member of
the public interrupted Mr. Nikow; he was called out of order and asked to wait his turn. Mr. Nikow
then thanked the majority of members of the council and the Mayor who support the fire department.
He stated he found it sad that some members were not able to engage in the process and help support
them.
Carrol McMorrow stated that all volunteers should be appreciated, but that should not be confused
with someone’s right to file a lawsuit whether it is against a volunteer organization or not.
On a motion by Councilman Plawker, seconded by Councilman Perin, the public portion of the
meeting was closed. Carried.
Councilman Agresta stated he would not comment on the lawsuit, however he stated that he thinks it
should be in everyone’s interest to protect and uphold the integrity of the electoral process and
everyone should be able to speak their mind on issues.
Mayor Parisi adjourned the meeting at 9:50 PM
ATTEST: APPROVED:
___________________________________ ______________________________
Deborah L. Fehre, Municipal Clerk JOSEPH C. PARISI JR., MAYOR


Regular Meeting Minutes, 03-11-2009, Borough of Englewood Cliffs, NJ

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Regular Meeting Minutes, 03-11-2009, Borough of Englewood Cliffs, NJ

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COURTESY OF COUNCILMAN ROBERT AGRESTA

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

MINUTES OF THE REGULAR MEETING OF MARCH 11, 2009

PRESENT AT ROLL CALL:

Mayor Joseph C. Parisi Jr.

ABSENT AT ROLL CALL:

Councilman Thomas Manolio

Municipal Attorney E. Carter Corriston, Esq.

FLAG SALUTE LEAD BY: Council President Ilan Plawker

MAYOR PARISI ASKED THAT THE FOLLOWING STATEMENT BE READ:

DRAFT MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS

MINUTES OF THE FOLLOWING MEETINGS WERE ACCEPTED AS PRESENTED ON A

Caucus Meeting of January 21, 2009

THE FOLLOWING REPORTS WERE ORDERED FILED ON A MOTION BY COUNCILMAN

Police Report of February, 2009

Ayes: Agresta, Perin, Plawker, Petrone,

MAYOR PARISI STATED:

DRAFT MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS

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

Mayor Parisi returned to the meeting.

RESOLUTION NO. 2009-43

AMENDED RESOLUTION 2009-45

DRAFT MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS

TITLE: ACCEPT DONATION TO ENGLEWOOD CLIFFS POLICE DEPT.

RE: TRANSFER OF FUNDS BETWEEN 2008 APPROPRIATION RESERVES

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

Street & Road O/E $ 22.00

First Aid O/E $1,422.00

Utilities Telephone $6,700.00

TOTAL $13,053.00 TOTAL $13,053.00

DRAFT MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS

WHEREAS, Joan Angela D’Alessandro’s mother, Rosemarie D’Alessandro has worked

WHEREAS, in addition to the efforts of Rosemarie D’Alessandro, the Borough of Englewood

DRAFT MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS

Council President Plawker read his resolution.

COUNCILMAN PERIN CALLED UP FOR SECOND READING AN ORDINANCE ENTITLED:

AN ORDINANCE AMENDING ORDINANCE 2008-05 FIXING SALARIES, WAGES AND

DRAFT MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS

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

AYE: Perin, Plawker,

AN ORDINANCE AMENDING ORDINANCE 2008-05 FIXING SALARIES, WAGES AND

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

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

23. Control Person - Delete

33. Recreation Youth Coordinator – Delete

47. Building Department Assistant – annual salary $20,000.00

48. Recreation Director – annual salary $15,000.00

COUNCILMAN PERIN CALLED UP FOR SECOND READING AN ORDINANCE ENTITLED:

DRAFT MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS

AYES: Agresta, Perin, Plawker, Petrone,

AN ORDINANCE AMENDING ORDINANCE 2006-25

DRAFT MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS

i. “Affordable housing development” means a development included in the Housing Element

4. Residential Development fees

i. Within the Borough of Englewood Cliffs’ district(s), residential developers, except

ii. When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known

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

i. Affordable housing developments, developments where the developer is providing for

5. Non-residential Development fees

DRAFT MAYOR AND COUNCIL MINUTES - BOROUGH OF ENGLEWOOD CLIFFS

ii. Non-residential developers, except for developers of the types of development

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

i. The non-residential portion of a mixed-use inclusionary or market rate development

iii. Non-residential developments shall be exempt from the payment of non-residential