BOROUGH OF WOODCLIFF LAKE



BOROUGH OF WOODCLIFF LAKE

MAYOR AND COUNCIL AGENDA

February 1, 2010

8:00 p.m.

CALL TO ORDER.

This meeting, in accordance with the Open Public Meetings Law, P. L. l975, C. 23l, was announced at the Reorganization Meeting held on January 4, 2010 in the Municipal Building. Notice of this meeting has been posted, and two newspapers, The Record and The Ridgewood News, have been notified.

ROLL CALL.

Mayor LaPaglia

Councilman Bader

Councilman Camella

Councilman Glaser

Councilman Hoffman

Councilwoman Howley

Councilman Rosenblatt

PLEDGE OF ALLEGIANCE.

APPROVAL OF MINUTES.

RESOLVED, that the Minutes of an executive closed session meeting of the Mayor and Council on January 4, 2010 copies of which have been received by all Councilpersons, are hereby approved but not yet ready for release to the public.

Bader Camella Glaser Hoffman Howley Rosenblatt LaPaglia

RESOLVED, that the Minutes of a regular Mayor and Council meeting on Janaury 20, 2010 copies of which have been received by all Councilpersons, are hereby approved as presented.

Bader Camella Glaser Hoffman Howley Rosenblatt LaPaglia

RESOLVED, that the Minutes of an executive closed session meeting of the Mayor and Council on January 20, 2010 copies of which have been received by all Councilpersons, are hereby approved as presented and the topics deemed complete by the Borough Attorney, Borough Clerk and Borough Administrator will be released to the public.

Bader Camella Glaser Hoffman Howley Rosenblatt LaPaglia

PASCACK VALLEY COALITION

Presentation to the Mayor and Council

MAYOR’S REPORT

ADMINISTRATOR’S REPORT

1. 2010 Municipal Budget Deadlines

2. Recycling contract

3. Donation Request

4. Werimus Lane Resurfacing

5. NJSLOM Expense Report Summary

6. Borough E-Mail

ENGINEER’S REPORT

OLD BUSINESS.

Court Consolidation Study

NEW BUSINESS.

PUBLIC FORUM.

Open to Public Close to Public Bader Camella Bader Camella

Glaser Hoffman Glaser Hoffman

Howley Rosenblatt Howley Rosenblatt

La Paglia La Paglia

CONSENT AGENDA DISCUSSION.

CONSENT AGENDA VOTE.

ADJOURNMENT.

CONSENT AGENDA –Febuary 1, 2010

1. Payroll, page 4

2. Authority to Pay Claims, page 4

3. Tonnage Grant Application Resolution, page 4, 5

4. Tax Reimbursement Certification, page 5

5. Resolution Authorizing the Execution of a Contract with Green Sky Industries to Provide Recycling Services for the Borough of Woodcliff Lake, page 5, 6

6. Cancellation of Tax Overpayment of Delinquent Amounts Less than $10.00, page 6

7. Resolution Authorizing Solicitor License to Maricruz Diaz of Lawn Care Services, page 6

8. Resolution Authorizing Stipulation of Settlement Between Mitchell and Cynthia Lee and the Borough of Woodcliff Lake, page 7, 8

9. Resolution Authorizing Agreement for Public Health Services, page 8

10. Resolution Authorizing Stipulation of Settlement Between Lynda Smith and the Borough of Woodcliff Lake, page 8, 9

11. Resolution Authorizing Stipulation of Settlement Between Glen and Barbara Shorr and the Borough of Woodcliff Lake, page 9, 10, 11

12. Resolution Authorizing Raffle License for Bergen County Y, a Jewish Community, page 11

13. Resolution Authorizing Release of Escrow Balance, page 11

RESOLVED, that the Consent Agenda is approved as presented.

Bader Camella Glaser Hoffman Howley Rosenblatt LaPaglia

Payroll. (Consent Agenda – 1)

RESOLVED, that the following Payroll Disbursements made by the

Treasurer since the last meeting are proper and hereby are ratified and

approved:

Payroll released 01/29/09 $ 199,436.45

Bader Camella Glaser Hoffman Howley Rosenblatt LaPaglia

CLAIMS AND BILLS.

Authority to Pay Claims. (Consent Agenda - 2)

RESOLVED, that the following current claims against the Borough for

materials and services have been considered and are proper and hereby are

approved for payment:

Current Fund $ 2,887,890.93

Animal $ 700.00

Bader Camella Glaser Hoffman Howley Rosenblatt LaPaglia

Tonnage Grant Application Resolution. (Consent Agenda - 3)

WHEREAS, the Mandatory Source Separation and Recycling Act, P.L. 1987, c.102, has established a recycling fund from which tonnage grant may be made to municipalities in order to encourage local source separation and recycling programs; and

WHEREAS, it is the intent and the spirit of the Mandatory source Separation and Recycling Act to use the tonnage grants to develop new municipal recycling programs and to continue and to expand existing programs; and

WHEREAS, The New Jersey Department of Environmental Protection is promulgating recycling regulations to implement the Mandatory Source Separation and Recycling Act; and

WHEREAS, the recycling regulations impose on municipalities certain requirements as a condition for applying for tonnage grants, including but not limited to, making and keeping accurate, verifiable records of materials collected and claimed by the municipality; and

WHEREAS, a resolution authorizing this municipality to apply for such tonnage grants for calendar year 2009 will memorialize the commitment of this municipality to recycling and to indicate the assent of the Borough of Woodcliff Lake to the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations; and

WHEREAS, such a resolution should designate the individual authorized to ensure the application is properly completed and timely filed.

NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of Woodcliff Lake that the Borough of Woodcliff Lake herby endorses the submission of the recycling tonnage grant application to the New Jersey Department of Environmental Protection and designates Edward Barboni to ensure that the application is properly filed for the calendar year 2009; and

BE IT FURTHER RESOLVED that the monies received from the recycling tonnage grant be deposited in a dedicated recycling trust fund to be used solely for the purposes of recycling.

Bader Camella Glaser Hoffman Howley Rosenblatt LaPaglia

Tax Reimbursement Certification (Consent Agenda - 4)

WHEREAS, the Recycling Enhancement Act, P.L. 2007, Chapter 311 has established a recycling fund from which tonnage grants may be made to municipalities in order to encourage local source separation and recycling programs; and

WHEREAS, there is levied upon the owner or operator of every solid waste facility (with certain exceptions) a recycling tax of $3.00 per ton on all solid waste accepted for disposal or transfer at the solid waste facility.

WHEREAS, whenever a Municipality operates a municipal service system for solid waste collection, or provides for regular solid waste collection service under a contract awarded pursuant to the “Local Public Contracts Law”, the amount of grant monies received by the municipality shall not be less than the annual amount of recycling tax paid by the municipality except that all grant moneys received by the municipality shall be expended only for its recycling program.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Woodcliff Lake hereby certifies a submission of expenditure for taxes pursuant to P.L. 2007, Chapter 311, in 2009 in the amount of XXXXX (9-01-32-465-242). Documentation supporting this submission is available at Borough Hall, 188 Pascack Road, Woodcliff Lake, NJ and shall be maintained for no less than five years from this date.

Bader Camella Glaser Hoffman Howley Rosenblatt LaPaglia

Resolution Authorizing the Execution of a Contract with Green Sky Industries to Provide Recycling Services for the Borough of Woodcliff Lake (Consent Agenda - 5)

WHEREAS, the Borough is in need of recycling services for sorted newspapers, mixed newspaper, junk mail, corrugated cardboard, bi-metal cans, aluminum cans, plastic containers, and glass; and

WHEREAS, the Department of Public Works Superintendent has received two quotes for these services, from Green Sky Industries from Clifton, NJ and Greenstar Recycling Services from Paterson, NJ; and

WHEREAS, the Borough Administrator and the DPW Superintendent have recommended that the Borough execute a contract with Green Sky.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Woodcliff Lake authorize the execution of a contract between Green Sky Industries and the Borugh.

Bader Camella Glaser Hoffman Howley Rosenblatt LaPaglia

Cancellation of Tax Overpayments or Delinquent Amounts Less than $10.00

(Consent Agenda - 6)

WHEREAS, N.J.S.A. 40A:5-17 allows for the cancellation of property tax refunds or delinquent amounts in the amounts of less than $10.00; and

WHEREAS, the Governing body may authorize a municipal employee chosen by said body to process without further action on their part, any cancellation of property tax refunds or delinquencies of less than $10.00.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Woodcliff Lake, State of New Jersey, hereby authorize the Tax Collector to cancel said tax amounts as deemed necessary.

BE IT FINALLY RESOLVED that a certified copy of the Resolution be forwarded to the Tax Collector and Borough Auditor.

BLOCK/LOT NAME DELINQUENT AMOUNT

1404/4 FREEDMAN, MICHELLE $3.07

Bader Camella Glaser Hoffman Howley Rosenblatt LaPaglia

Resolution Authorizing Solicitor License to Maricruz Diaz of Lawn Care Services

(Consent Agenda - 7)

WHEREAS, Maricruz Diaz has applied for a Solicitor License to the Borough Clerk’s office; and

WHEREAS, the Police Department has stated that there is no reason to deny this applicant a license; and

WHEREAS, the applicant has been advised of the Do Not Knock ordinance established in the Borough of Woodcliff Lake and that strict adherence to this policy must be followed.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Woodcliff Lake authorize the Borough Clerk to issue a solicitors license to Maricruz Diaz.

Bader Camella Glaser Hoffman Howley Rosenblatt LaPaglia

Resolution Authorizing Stipulation of Settlement Between Mitchell and Cynthia Lee and the Borough of Woodcliff Lake (Consent Agenda - 8)

WHEREAS, it is hereby stipulated and agreed that the assessment of the following listed property be adjusted and a judgment be entered by the Tax Court as depicted as follows

Block 2201.02 Docket No. 008272-2009

Lot 3

Year: 2009

Street Address: 23 Taft Court

Original County Tax Board Requested Tax

Assessment Judgment Court Judgment

LAND: $ 345,600 N/A $ 345,600

IMPMNT: $ 722,500 Direct $ 654, 400

TOTAL $ 1,068,100 Appeal $ 1,000,000

2. The undersigned have made such examination of the value and proper assessment of the property and have obtained such appraisals, analyses and information with respect to the valuation and assessment of the property as they deem necessary and appropriate for the purpose of enabling them to enter into the Stipulation. The assessor of the taxing district has been consulted by the attorney for the taxing district with respect to this settlement and concurred.

3. Based upon the foregoing, the undersigned represent to the court that the above settlement will result in an assessment at the fair assessable value of the property consistent with assessing practices generally applicable in the taxing district as required by law.

4. The Taxing District agrees that refunds for the year(2) in question shall be made, without any offset or deduction whatsoever for any unpaid taxes or municipal charges for any tax year(s) subsequent to the latest year encompassed within this Stipulation and draft (s) shall be issued and made payable to “Venino and Venino, Esqs., as attorneys for Mitchell and Cynthia Lee and forwarded in c/o Venino and Venino, Esqs., 800 Kennedy Boulevard, North Bergen, NJ 07047.

5. The parties recognize that the applicable valuation date for thid 2010 assessment has passed and hereby agree that the assessment of the subject property for the tax year 2010 sahll be in the total amount of $900,000, consisting of a land assessment of $345,600 and an improvements assessment of $554,400, subject to the right of the Municipality to impose any appropriate added assessment as a result of the municipality to avoid the “Freeze Act”, and subject to the right of the taxpayer to appeal any such added assessment.

6. The provisions or paragraphs 4 and 5 shall survive entry of a judgment based upon this Stipulation, nothwithstanding that the provisions hereof may not be reflected, in whole or in part, in the said judgment.

Bader Camella Glaser Hoffman Howley Rosenblatt LaPaglia

Resolution Authorizing Agreement for Public Health Services. (Consent Agenda - 9)

WHEREAS, there exists a need for the Borough of Woodcliff Lake Health Department to provide state mandated public health services of a technical professional nature; and

WHEREAS, the Bergen County Department of Health Services can provide duly qualified personnel to carry out these public health services; and

WHEREAS, the Bergen County Department of Health Services has agreed to provide public health services through a contract agreement with the Borough of Woodcliff Lake Department of Health for the calendar year 2010, and

WHEREAS, the maximum amount of the contract is $47,795.43 and funds will be available for this purpose; and

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

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

1. That the Mayor is hereby authorized and directed to execute an agreement with the Bergen County Department of Health Services to perform public health services of a professional nature for the period of January 1, 2010 through December 31, 2010 at a cost not to exceed $47,795.43

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 Borough Treasurer has certified, in accordance with N.J.A.C. 5:30-14.5, that sufficient legally appropriated funds are available for this purpose subject to appropriation of funds in the 2010 temporary and/or adopted budget.

Bader Camella Glaser Hoffman Howley Rosenblatt LaPaglia

Resolution Authorizing Stipulation of Settlement Between Lynda Smith and the Borough of Woodcliff Lake (Consent Agenda - 10)

WHEREAS, it is hereby stipulated and agreed that the assessment of the following listed property be adjusted and a judgment be entered by the Tax Court as depicted as follows

Block 1207 Docket No. 008153-09

Lot 9

Year: 2009

Street Address: 18 Hunter Ridge

Original County Tax Board Requested Tax

Assessment Judgment Court Judgment

LAND: $ 295,200 N/A $ 295,200

IMPMNT: $ 1,324,100 Direct $ 1,129,800

TOTAL $ 1,619,300 Appeal $ 1,425,000

2. The undersigned have made such an examination of a value and proper assessment of the property and have obtained such appraisals, analysis and information with respect to the valuation and assessment of the property, as they deem necessary and appropriate for the purposes of enabling them to enter this Stipulation. The Assessor of the Taxing District has been consulted by the Attorney for the Taxing District with respect to the settlement and has concurred.

3. The refund due the Plaintiff/Taxpayer, as a result of this Stipulation of Settlement, for the 2009 tax year shall be in the form of a monetary refund. Plaintiff/Taxpayer hereby waives only prejudgment interest on the amount which becomes due and owning the Plaintiff/Taxpayer as a result of this Stipulation of Settlement as long as the resulting refund is paid to the taxpayer within sixty (60) days of the date judgment is entered by the Tax Court of New Jersey.

a) Any and all refunds due as result of this Stipulation shall be made

payable to “Lynda Smith” and mailed directly to Antimo A. Del Vechhio, Esq.,

Beattie Padovano, LLC, 50 Chestnut Ridge Road, P.O. Box 244, Montvale,

New Jersey 07645-0244.

4. The Taxing District agrees that the Freeze Act (N.J.S.A. 54:51A-8) shall apply in all

Respects to the assessment(s), and therefore, the Freeze Act shall cover the 2010 and 2011 tax years in the same amount as stipulated for the 2009 assessment set forth in Paragraph 1 herein. No Freeze Act year(s) shall be the basis for the Application of the Freeze Act for any subsequent year. The Taxing District agrees to timely (within ten (10) days of receipt of a request) execute all documents which may be necessary to apply for, file and/or obtain an “Application for Judgment pursuant to N.J.S.A. 54:51A-8”

5. Based upon the foregoing, the undersigned stipulate and represent to the Court that the above settlement will result in an assessment at the fair assessable value of the property consistent with assessing practices generally required by law and applicable in the Taxing District.

6. The Taxing District and the Taxpayer hereby recognize, agree and otherwise consent to the terms and conditions of this paragraph of the Stipulation of Settlement not becoming part of the Judgment to be issued by the Tax court pursuant to this Stipulation. However, the Taxing District and the Taxpayer do hereby agree and acknowledge an agreement to further reduce the assessment for the above-referenced property (block 1207, Lot 9) to an assessed value not to exceed $1,350,000 for the 2010 tax year. The parties also recognize and acknowledge that if the Tax Assessor for the Taxing District does not effectuate the reduction called for by this paragraph by timely changing the tax assessment books for the 2010 tax year, the Taxing District may be procedurally required to effectuate such reduction by an appeal before the County Tax Board for the 2010 tax year which will be filed by the Taxing District. If for any reason, the Taxing District fails to cause the 2010 assessments for Block 1207, Lot 9 to be reduced to an assessed value not to exceed $1,350,000 for the 2010 tax year, the Taxpayer shall have the right to elect to void this settlement and proceed with its appeal before the Tax Court of New Jersey or to move to enforce this settlement in accordance with the Rules of court. Notwithstanding the terms of paragraph 4 herein, unless an event occurs which would entitle the Taxing District to avoid the provisions of the Freeze Act, the 2010 assessment agreed to in this paragraph shall not be increased for the 2011 and 2012 tax years.

Bader Camella Glaser Hoffman Howley Rosenblatt LaPaglia

Resolution Authorizing Stipulation of Settlement Between Glen and Barbara Shorr and the Borough of Woodcliff Lake (Consent Agenda - 11)

WHEREAS, it is hereby stipulated and agreed that the assessment of the following listed property be adjusted and a judgment be entered by the Tax Court as depicted as follows

Block 1109 Docket No. 008153-09

Lot 13

Year: 2009

Street Address: 5 Maria Road

Original County Tax Board Requested Tax

Assessment Judgment Court Judgment

LAND: $ 279,400 N/A $ 279,400

IMPMNT: $ 693,800 Direct $ 545,600

TOTAL $ 973,200 Appeal $ 825,000

2. The undersigned have made such an examination of a value and proper assessment of the property and have obtained such appraisals, analysis and information with respect to the valuation and assessment of the property, as they deem necessary and appropriate for the purposes of enabling them to enter this Stipulation. The Assessor of the Taxing District has been consulted by the Attorney for the Taxing District with respect to the settlement and has concurred.

3. The refund due the Plaintiff/Taxpayer, as a result of this Stipulation of Settlement, for the 2009 tax year shall be in the form of a monetary refund. Plaintiff/Taxpayer hereby waives only prejudgment interest on the amount which becomes due and owning the Plaintiff/Taxpayer as a result of this Stipulation of Settlement as long as the resulting refund is paid to the taxpayer within sixty (60) days of the date judgment is entered by the Tax Court of New Jersey.

(a) Any and all refunds due as result of this Stipulation shall be made

payable to “Glen and Barbara Shorr” and mailed directly to Antimo A. Del Vechhio, Esq., Beattie Padovano, LLC, 50 Chestnut Ridge Road, P.O. Box 244, Montvale,New Jersey 07645-0244.

4. The Taxing District agrees that the Freeze Act (N.J.S.A. 54:51A-8) shall apply in all

Respects to the assessment(s), and therefore, the Freeze Act shall cover the 2010 and 2011 tax years in the same amount as stipulated for the 2009 assessment set forth in Paragraph 1 herein. No Freeze Act year(s) shall be the basis for the Application of the Freeze Act for any subsequent year. The Taxing District agrees to timely (within ten (10) days of receipt of a request) execute all documents which may be necessary to apply for, file and/or obtain an “Application for Judgment pursuant to N.J.S.A. 54:51A-8”

5. Based upon the foregoing, the undersigned stipulate and represent to the Court that the above settlement will result in an assessment at the fair assessable value of the property consistent with assessing practices generally required by law and applicable in the Taxing District.

6. The Taxing District and the Taxpayer hereby recognize, agree and otherwise consent to the terms and conditions of this paragraph of the Stipulation of Settlement not becoming part of the Judgment to be issued by the Tax court pursuant to this Stipulation. However, the Taxing District and the Taxpayer do hereby agree and acknowledge an agreement to further reduce the assessment for the above-referenced property (block 1207, Lot 9) to an assessed value not to exceed $800,000 for the 2010 tax year. The parties also recognize and acknowledge that if the Tax Assessor for the Taxing District does not effectuate the reduction called for by this paragraph by timely changing the tax assessment books for the 2010 tax year, the Taxing District may be procedurally required to effectuate such reduction by an appeal before the County Tax Board for the 2010 tax year which will be filed by the Taxing District. If for any reason, the Taxing District fails to cause the 2010 assessments for Block 1207, Lot 9 to be reduced to an assessed value not to exceed $800,000 for the 2010 tax year, the Taxpayer shall have the right to elect to void this settlement and proceed with its appeal before the Tax Court of New Jersey or to move to enforce this settlement in accordance with the Rules of court. Notwithstanding the terms of paragraph 4 herein, unless an event occurs which would entitle the Taxing District to avoid the provisions of the Freeze Act, the 2010 assessment agreed to in this paragraph shall not be increased for the 2011 and 2012 tax years.

Bader Camella Glaser Hoffman Howley Rosenblatt LaPaglia

Resolution Authorizing Raffle License for Bergen County Y, a Jewish Community

WHEREAS, application has been made by the Bergen County Y, a Jewish Community, for one (1)off-premise draw raffle on February 27, 2010 to be held at the Temple Emanuel, Woodcliff Lake, New Jersey; and

WHEREAS, said application has been submitted to the Woodcliff Lake Police Department for investigation and have been found to be in good order;

NOW, THEREFORE, BE IT RESOLVED, that the application of the Bergen County Y, a Jewish Community is approved and the Borough Clerk is hereby authorized to issue Raffle License(s) No. 10-390.

Bader Camella Glaser Hoffman Howley Rosenblatt LaPaglia

Resolution Authorizing Release of Escrow Balance

WHEREAS, A request has been made for the release of the escrow balance with respect to the following in the Borough of Woodcliff Lake:

Sophie Zega

20 Bear Brook

Escrow Release

Block 1704, lot 9

$5,000.00

WHEREAS, the Borough Construction Official has confirmed that all is satisfactory and has recommended that the escrow balance be released;

NOW, THEREFORE, BE IT RESOLVED, that in accordance with the recommendation of the above, the Mayor and Council does hereby authorize the release of the escrow balance in the amount of $5,000.00 in connection with the aforementioned.

Bader Camella Glaser Hoffman Howley Rosenblatt LaPaglia

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