BOROUGH OF WOODCLIFF LAKE



BOROUGH OF WOODCLIFF LAKE

MAYOR AND COUNCIL MINUTES

December 6, 2010

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 was present. Council members Bader, Camella, Glaser, Hoffman, Rosenblatt and Struk were present. Attorney Madaio, Administrator Sandve and Borough Clerk Sciara were also present.

PLEDGE OF ALLEGIANCE.

All present recited the Pledge of Allegiance led by Mr. Rosenblatt.

APPROVAL OF MINUTES.

RESOLVED, that the Minutes of a regular Meeting of the Mayor and Council on November 22, 2010, are hereby approved as amended.

ROLL CALL:

Introduce: Mr. Bader

Second: Mr. Camella

Ayes: Mr. Glaser, Mr. Hoffman, Mr. Rosenblatt, Mr. Struk,

Mr. Camella, Mr. Bader

Nays: None

Abstain: None

Absent: None

MAYOR’S REPORT

I am pleased to report progress on a number of significant matters affecting the Borough of Woodcliff Lake in the last two months.

I have signed a new PBA labor agreement with our Police Department effective retroactive to January 1, 2010 through December 31, 2013. The new four-year agreement calls for a 3% increase effective July 1, 2010 and three 2.75% annual increases effective January 1, 2011, 2012 and 2013. The agreement also includes a reduced entry level probationary police officer salary of $35,500 as well as a reduced longevity pay for new officers and other changes. As will be covered by the Borough Administrator, we anticipate significantly less police overtime pay in 2011 and beyond with the replacement of retired officers with new police academy graduates

The Borough of Woodcliff Lake also approved the settlement of a COAH lawsuit with a major corporate resident last month which will limit potential future Borough liability in defending higher COAH commercial contribution rates previously enacted, and avoid significant additional legal costs of a prolonged trial and possible appeal. The Council’s decision to end the litigation was unanimous.

The Borough is actively working with Green Acres to obtain the remaining funding for the Hatheway and Freedman properties acquired earlier this year as part of the expanded Old Mill Park and Recreation Complex. $294,550 was received last month and the remaining funds will be paid upon completion of certain additional steps early next year as outlined by the Borough Administration in his earlier report of December 3, 2010.

I am pleased to report that we have received qualified bids for the contribution of the long delayed toddler park at the Old Mill Complex adjacent to the former Driscoll, Westervelt-Lydecker property. The bids were under budget and we expect to approve the successful bid tonight and with construction to start early next year.

We will also start our long delayed town-wide property revaluation in January 2011 after receiving State of New Jersey approval of our contract with Appraisal Systems late last month. The number of property tax appeals has increased significantly since our last revaluation in 2003. The residential real estate resale market appears to have stabilized in our area in 2010 and we anticipate that process to continue in 2011. A revaluation information package will be distributed early next year.

We appear to be making progress on the Municipal Court consolidation project with Montvale and Park Ridge that began earlier this year. We expect to be operational by midyear 2011. This should result in expense savings in 2012 and beyond.

I encourage the Council to apply for a grant from the Bergen County Prosecutor’s office to study the merger of our Police Department as the next logical step to the Municipal Court consolidation early next year.

The Tri-Boro towns received a $450,000 transportation grant to provide public transportation for commuters to and from the Ridgewood Train Station to the corporate offices in Montvale, Park Ridge and Woodcliff Lake effective July 2011. The utilization of new commuter buses during mid-day by seniors and other residents is being investigated.

We have begun the 2011 Municipal budget process and anticipate the challenge of achieving the 2% budget cap without significant curtailment of services. We support the Tool Kit proposed by Governor Chris Christie and urge the State Legislature to pass it without further delay.

Lastly, after much thought I have decided to seek a third term as Mayor next year. I am aware that there are several Council members who aspire to be the next Mayor, but I do not plan to retire at this time. I believe I am the most qualified and experienced person for the position. I am proud of what we have achieved over the past seven years and I look forward to the challenges ahead.

ADMINISTRATOR’S REPORT

Westervelt-Lydecker House Park Project

The bids have been received on the project. There is a Resolution on the Consent Agenda authorizing the

award of the contract to Zenith Construction Services, Inc. in the amount of $364,000, significantly below our budget. Architect John Williams and Administrator Sandve both spoke with several references in regard to Zenith. Without exception, all references had nothing but positive comments. Once contracts and performance bonds are executed, Administrator Sandve will schedule a pre-construction meeting with the Building and Grounds committee. Zenith anticipates beginning construction in January 2011.

Green Acres Acquisition of Properties – Update

The Borough has received a portion of the grant funding for the acquisition. It is necessary to establish a timeline on certain other portions of the project in order to close out the project and receive the additional grant funds for the Hatheway acquisition. It is expected that a letter outlining the Borough position will be sent out December 7th. Proceed with the demolition of the Freedman House and the small garage behind the house. Green Acres will pay for the demolition. Green Acres does not approve of tenants. The tenants will need to vacate by June 10, 2011 and the Borough will have to commit to demolishing the cottage house and remove the oil tank. At this time, the recommendation is to leave the Hathaway House as is, and decide later if the house is in the way of future development. Mr. Bader stated that the committee on the Hatheway acquisition always assumed the house would be demolished almost immediately. All development discussions were based on the assumption that there would be no house on the property. Although the Lydecker House is beautiful, it cost a large amount of money to make it a place of assembly. It also costs money to heat, clean, air condition etc. It will cost a substantial amount of money to make the Hatheway House a place of assembly. Mr. Camella stated that a use analysis has not been done yet. Unless there is a compelling argument to keep the house, it would just be a drain on our budgets. Later if the design encompasses the demolishing of the house, a historic study would be called for at that time. The Hatheway House is a slab on grade. It is not historic. The stone was put on after the fact on the outside. The house has a poured foundation floor with a basement. The Lydecker House has a stone foundation and wood beams on the floor, We need to give Green Acres the last bit of information they are looking for to draw down on the funds before the State deems funds are no longer available.

Mayor LaPaglia asked for a voice call vote to approve the moving ahead with the Green Acres Acquisition of Properties and demolishing of properties as outlined in memorandums from the Administrator dated December 6, 2010. All councilmember voted aye.

2011 Municipal Budget Update

The budget worksheets have been distributed to the Department Heads. It is expected that a draft budget will be discussed with the Finance Committee in early January.

Police Department New Hires

The Police Department has been short three officers for most of 2010. The Police Committee interviewed several candidates for the vacant positions and made a recommendation to the Police Chief pending a final background screening process. After discussion with the Chief and Captain on budgetary impacts of hiring two new officers, it was unanimously agreed to proceed with the hiring of the two new officers beginning January 1, 2011. By hiring two new officers and the return of the sergeant, the reduction in overtime would result in a savings of approximately $90,000.00. This reduction is more than sufficient to cover the costs of two new patrolmen under the new contract.

Mr. Hoffman asked for a status update of the lightning detection system. Administrator Sandve stated that the system is working well and the Borough will continue monitoring the system.

Mr. Hoffman asked the status of payroll checks that were never cashed. Administrator Sandve stated that some of those check were voided and some date back to 2007. CFO Laufeld is researching this subject. Mr. Hoffman asked that the Administrator report back to the Council on this issue.

ENGINEER’S REPORT

Intersection Improvements at Woodcliff Avenue and Werimus Road

The Borough Administrator attended a meeting on July 1, 2010 with the resident at the intersection of Werimus Road and Woodcliff Avenue to discuss possible driveway modifications in order to accommodate this project. The resident is in the process of reviewing the information that was presented and will respond to the Borough as soon as possible. The Borough Administrator will contact the resident and schedule another meeting.

Mr. Struk stated that he bumped into the resident at physical therapy. She stated that no one from the Borough has been in contact with her. Mr. Camella stated that he knows the resident and he will make contact along with Mr. Sachs.

Intersection Improvements at Kinderkamack Road and Prospect Avenue

The County Engineer’s Office is still reviewing the concept plan based on the reduced traffic counts on record with the County to determine if dedicated left turn lanes are really required. Last discussion with the County is that they have performed another site visit and are in the process of drafting another concept plan.

2010 NJDOT Pascack Valley Cooperative Pricing System for Road Paving Program

Bids were received on October 21, 2010 in Westwood Borough Hall. Boswell McClave Engineer prepared and submitted a total bid summary and recommendation to Mr. Robert S. Hoffman, Borough Administrator for the Borough of Westwood, dated October 25, 2010 advising that D&L Paving is the apparent low bidder in the amount of $1,150,291.14.

The road that will be paved in Woodcliff Lake is Highview Avenue from Broadway to Kinderkamack Road. Approximately 500 lf of curbing will be installed on Broadway fronting the train station and approximately 500 lf of curbing installed on Clairmont Drive. The total bid price of the project specific to Woodcliff Lake is $110,334.45. Woodcliff Lake has received an NJDOT Local Aid Grant in the amount of $130,000 for work to be performed on Highview Avenue and the Borough is funding $20,000 of additional work to be performed on Broadway fronting the train station and on Clairmont Drive.

The Borough of Westwood has already awarded the general contract to D&L paving. The Borough of Woodcliff Lake must now award its own contract to D&L.

2010 Pascack Valley Municipal Road Paving Program

The project is complete. Project closeout documentation is being prepared.

Intersection Improvements to Chestnut Ridge Road and Saddle River Road (Bergen County Project)

Boswell McClave Engineering, Jacobs Engineering and Paul Kaufman, Esq. attended a meeting with Bergen County (Farouk Ahmad, P.E., Director, Planning & Economic Development and Erik Tamsak, PP) on October 27, 2010 regarding a Planning Board application. Subsequent to the meeting, Mr. Ahmad requested Mr. Timsak to discuss bidding this project in the short-term with Bergen County legal counsel with the possibility of obtaining a low bid due to the economic climate. Boswell was advised that they will be contacted as soon as a decision is made.

Mr. Bader questioned why this project seems to be stalled. Mr. Bader stated that he was appointed to Kathe Donovan’s transition team and was the head of the subcommittee on public safety and DPW for the County. Mayor LaPaglia stated that “maybe we should pursue this issue with our attorneys”. Mayor LaPaglia continued that one of our biggest corporate taxpayers contributed $650,000 and the project is going nowhere. Mr. Sachs stated he would reach out to the County again.

Mr. Hoffman asked if the Borough has decided whether or not to install curbing in the Borough or not in regard to the 2010 NJDOT Pascack Valley Cooperative Pricing System for Road Paving Program. Administrator Sandve stated that the Borough was going to do the curbing on Clairmont Drive while we were repaving the road. Administrator Sandve stated that it was the Council’s decision on whether or not to begin a program whereby residents can pay a contractor directly to install/repair curbing while Borough roads are being repaved. 500 feet of curbing on Clairmont Avenue equates to approximately 4 houses. There are probably 20 homes on that block that need curbing. Mr. Camella stated that the Borough should have criteria so that all residents can acquire curbing at the same time. Some situations where curbing is necessary are clearly for public interest; Clairmont is one of the sections in Woodcliff Lake that has curbing. Mayor LaPaglia thinks we should say to ourselves, “do we want as a town to take on the cost of replacing curbs where it isn’t justified by public interest?” We are opening a Pandora’s box by authorizing the 500 linear feet of curbing on Clairmont Avenue. The Council must decide on whether or not to take on the cost of installing curbs. Mr. Hoffman and Mr. Bader do not think the town should install curbing on Clairmont Avenue. There is enough funding to curb 5 houses or we can subsidize the 20 homes. Administrator Sandve stated that a letter should be sent to all residents asking if they would like to take advantage of the Borough’s price for new curbing in the Spring. Mr. Sachs asked who would inspect these improvements. Mr. Bader stated that Boswell Engineering would be in charge of inspections. Attorney Madaio stated that the contractors would need to be notified to be sure they will agree to this type of agreement.

All agreed that the Borough should initiate some type of program whereby residents can take advantage of the prices the Borough receives for paving jobs.

OLD BUSINESS.

NEW BUSINESS.

Borough Clerk Sciara left the dais at 9:00 p.m. Administrator Sandve will assume the duties of the Clerk for the remainder of the meeting

Introduction Ordinance 10-10

BE IT RESOLVED,

'AN ORDINANCE RELATING TO THE SALARIES AND OTHER COMPENSATIONS OF OFFICERS OF THE POLICE DEPARTMENT OF THE BOROUGH OF WOODCLIFF LAKE, COUNTY OF BERGEN AND STATE OF NEW JERSEY FOR THE YEARS 2010, 2011, 2012 and 2013.'

Heretofore introduced, does now pass on first reading, and that said Ordinance be further considered for final passage at a meeting to be held on the 20th day of December, 2010 at 8:00 o’clock P.M., or as soon thereafter as the matter can be reached, at the regular meeting place of the Borough Council, and that at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance, and that the Borough Clerk is hereby authorized and directed to publish said Ordinance according to law with a notice of its introduction and passage on first reading and of the time and place when and where said Ordinance be further considered for final passage.

ROLL CALL:

Introduce: Mr. Bader

Second: Mr. Hoffman

Ayes: Mr. Camella, Mr. Glaser, Mr. Rosenblatt, Mr. Hoffman, Mr. Bader

Nays: None

Abstain: Mr. Struk

Absent: None

Introduction Ordinance 10-11

Mr. Bader stated that there is no arbitration clause in the joint municipal court agreement. Administrator Sandve stated that this is not the agreement we are introducing tonight, it is the Ordinance. All agreed it should be included in the final agreement.

Administrator Sandve will research the joint advisory committee as to who appoints the members.

BE IT RESOLVED,

AN ORDINANCE OF THE BOROUGH OF WOODCLIFF LAKE, COUNTY OF BERGEN, STATE OF NEW JERSEY, AUTHORIZING THE CREATION OF THE PASCACK JOINT MUNICIPAL COURT COMPOSED OF THE BOROUGHS OF MONTVALE, PARK RIDGE, AND WOODCLIFF LAKE, AND THEREFORE REPEALING AND READOPTING CHAPTER 12, “MUNICIPAL COURT,” OF THE BOROUGH CODE AND REPEALING ARTICLE VI, “MUNICIPAL PROSECUTOR”

Heretofore introduced, does now pass on first reading, and that said Ordinance be further considered for final passage at a meeting to be held on the 20th day of December, 2010 at 8:00 o’clock P.M., or as soon thereafter as the matter can be reached, at the regular meeting place of the Borough Council, and that at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance, and that the Borough Clerk is hereby authorized and directed to publish said Ordinance according to law with a notice of its introduction and passage on first reading and of the time and place when and where said Ordinance be further considered for final passage.

ROLL CALL:

Introduce: Mr. Hoffman

Second: Mr. Glaser

Ayes: Mr. Bader, Mr. Camella, Mr. Rosenblatt, Mr. Struk,

Mr. Glaser, Mr. Hoffman

Nays: None

Abstain: None

Absent: None

Mr. Glaser passed out the annual performance reviews for the Administrator. Forms are due before the December 15, 2010.. A summary of the averages will be compiled by Mr. Glaser and presented to the Council.

Mr. Hoffman reported that there will be breakfast with Santa sponsored by Community Hospice and United Water this Saturday from 9:00 – 11:00 a.m.

Mayor LaPaglia stated that he was one of the primary people who pushed for job descriptions and evaluations. The recipient of the evaluation deserves the courtesy of a discussion of the evaluations with the individual giving the evaluation.

PUBLIC FORUM.

Motion to open the meeting to the public was made by Mr. Bader, second by Mr. Camella and approved unanimously by voice call vote.

Hearing no comment from the public, motion to close to the public was made by Mr. Bader, second by Mr. Hoffman and approved unanimously by voice call vote.

CONSENT AGENDA DISCUSSION.

CONSENT AGENDA VOTE.

Motion to approve the Consent Agenda as amended was made by Mr. Bader, second by Mr. Camella.

ROLL CALL:

Ayes: Mr. Bader

Second: Mr. Camella

Ayes: Mr. Glaser, Mr. Hoffman, Mr. Rosenblatt, Mr. Struk,

Mr. Camella, Mr. Bader

Nays: None

Abstain: None

Absent: None

ADJOURNMENT.

Motion to adjourn was made by Mr. Bader, second by Mr. Glaser and approved unanimously by voice call vote. The time is 9:30 p.m.

Respectfully submitted,

_________________________, Lori Sciara, RMC/CMC Borough Clerk

CONSENT AGENDA

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 November 29, 2010 $175,339.43

Bader Camella Glaser Hoffman Rosenblatt Struk LaPaglia

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 $ 1,269,152.49

Animal $ 275.00

Capital Fund $ 2,995.00

Resolution Requesting Approval of Items of Revenue and Appropriation – Chapter 159- NJSA-40A:4-87 Body Armor Replacement Fund (Consent Agenda -3)

WHEREAS, NJSA 40A:87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount was not determined at the time of adoption of the budget; and

WHEREAS, the Director may also approve the insertion of an item of appropriation for equal amount.

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of Woodcliff Lake in the County of Bergen, New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2010 in the sum of $4,051.07 from the State of New Jersey Division of Criminal Justice Body Armor Replacement Fund which is now available, 0-01-10-717-000.

BE IT FURTHER RESOLVED that the like sum of $4,051.07 is hereby appropriated under the caption of Body Armor Replacement Fund 0-01-41-717-0999.

BE IT FURTHER RESOLVED that the above is the result of funds from the State of New Jersey division of Criminal Justice.

Resolution Requesting Approval of Items of Revenue and Appropriation – Chapter 159- NJSA-40A:4-87 Drunk Driving Enforcement Fund (Consent Agenda -4)

WHEREAS, NJSA 40A:87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount was not determined at the time of adoption of the budget; and

WHEREAS, the Director may also approve the insertion of an item of appropriation for equal amount.

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of Woodcliff Lake in the County of Bergen, New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2010 in the sum of $785.20 from the State of New Jersey Division of Motor Vehicles, for the Drunk Driving Enforcement Fund, which is now available 09-01-41-702-000.

BE IT FURTHER RESOLVED that the like sum of $ 785.20 is hereby appropriated under the caption Drunk Driving Enforcement Fund 0-01-41-717-099.

BE IT FURTHER RESOLVED that the above is the result of funds from the State of New Jersey Division of Motor Vehicles.

Resolution Authorizing Release of Escrow Balance (Consent Agenda -5)

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

Gyllengham

11 Michael Street

Woodcliff Lake

Escrow Release

$270.00

WHEREAS, the Borough Construction Official has confirmed that all is satisfactory and has recommended that the escrow balances 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 balances in the amount of

$ 270.00 in connection with the aforementioned.

Resolution Authorizing the Acceptance of a Bid for Landscape Improvements to Westervelt-Lydecker House (Consent Agenda -6)

WHEREAS, the Borough has advertised for the receipt of bids for Landscape Improvements to Westervelt-Lydecker House

WHEREAS, the following twelve (12) bids were received:

|Contractor Name/Address |Base Bid |

|Zenith Construction Services, Inc. |$364,000 |

|D&S Land Development, LLC | 379,000 |

|Let It Grow, Inc. | 395,850 |

|A&H Contracting, Inc. | 413,000 |

|Forcellati Brothers, Inc. | 433,800 |

|Conquest Industries, LLC | 439,316 |

|Concrete Construction Corp. | 440,000 |

|SCS Contracting, Inc. | 442,000 |

|Turco Golf | 449,000 |

|Andy Matt. Inc. | 459,609 |

|JC Landscape Construction | 469,000 |

|D.R. Mullen Construction Co., Inc. | 474,250 |

| | |

WHEREAS, the Borough Administrator has reviewed all bids and advised that; and

WHEREAS, the Chief Financial Officer has certified that funds are available.

NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of Woodcliff Lake to accept the bid from Zenith Construction Services, Inc. of East Newark, NJ in the amount of $364,000 for Landscape Improvements to the Westervelt-Lydecker House.

RESOLUTION AUTHORIZING A REFUND OF OVERPAID TAXES CAUSED BY TAX COURT JUDGEMENT DOCKET #007017-2009 (Consent Agenda - 7)

WHEREAS, the owners of Block 1701, Lot 1.03, Woodcliff Lake N.J. has been successful in their appeal to The Tax Court of New Jersey and having agreed upon a settlement adjusting their assessed value as follows:

Original Assessment Requested Tax Court Judgment

320,000.00 LAND 320,000.00 LAND

1,175,800.00 IMPROVEMENTS 1,130,000.00 IMPROVEMENTS

1,495,800.00 TOTAL ASSESSMENT 1,450,000.00 TOTAL ASSESSMENT

The parties agree that there has been no changes in value or municipal wide revaluation or reassessment adopted for the tax year(s) 2009 and 2010, and therefore agree that the provisions of N.J.S.A. 54:51A-8 (Freeze Act) shall be applicable to the assessment on the property referred to herein for said Freeze Act years(w). No Freeze Act year(s) shall be the basis for application of the Freeze Act for any subsequent year(s).

2. The undersigned have made such examination of the value and proper assessment of the property(ies) and have obtained such appraisals, analysis and information with respect to the valuation and assessment of the property(ies) 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 has 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(ies) consistent with assessing practices generally applicable in the taxing district as required by law. All refunds as a result of the settlement forth herein shall be payable to the taxpayer and forwarded to Thomas L. Murphy, Esq., at above address within sixty (60) days of the date of judgment.

RESOLUTION AUTHORIZING A REFUND OF OVERPAID TAXES CAUSED BY TAX COURT JUDGEMENT DOCKET # -2010- (Consent Agenda - 8)

WHEREAS, the owners of Block 105, Lot 13, 64 Woodmont Drive, Woodcliff Lake N.J. has been successful in their appeal to The Tax Court of New Jersey and having agreed upon a settlement adjusting their assessed value as follows:

Original Assessment Requested Tax Court Judgment

232,500.00 LAND 232,500.00 LAND

516,000.00 IMPROVEMENTS 516,000.00 IMPROVEMENTS

748,500.00 TOTAL ASSESSMENT 700,000.00 TOTAL ASSESSMENT

2. The undersigned have made such examination of the value and proper assessment of the property(ies) and have obtained such appraisals, analysis and information with respect to the valuation and assessment of the property(ies) 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 has 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(ies) consistent with assessing practices generally applicable in the taxing district as required by law.

4. All refunds due hereunder shall be made payable to “Robert W. & Susan Petersen” and forwarded to John R. Lloyd, Esq., Nowell Amoroso Klein Bierman P.A., 155 Polify Road, Hackensack, New Jersey 07601

5. Statutory interest, pursuant to N.J.S.A. 54:3-27.2, having been waived by taxpayer, shall not be paid provided the tax refund is paid within 60 days of the date of entry of the Tax Court judgment.

6. The parties further agree that the total assessment for tax year 2011 will be set at $625,000.00.

Resolution to Terminate Participation Under the New Jersey State Health Benefits Program Act of the State of New Jersey for Prescription Drug Coverage Only (Consent Agenda - 9)

1. The Borough of Woodcliff Lake hereby resolves to terminate its participation in the Local Prescription Drug Program thereby canceling prescription drug coverage provided by the New Jersey State Health Benefits Program (N.J.S.A. 52:14-17.225 et seq.) for all its active employees.

2. We shall notify all active employees of the date of their termination of coverage under the program.

3. We understand that all COBRA participants will be notified by the Division of Pensions and Benefits and advised to contact our office concerning a possible alternative prescription drug program.

4. We understand that this Resolution shall take effect the first of the month following a 60-day period beginning with the receipt of the Resolution by the State Health Benefits Commission.

RESOLUTION AUTHORIZING A REFUND OF OVERPAYMENT OF TAXES

(Consent Agenda - 10)

WHEREAS. The property tax on the following parcel were overpaid by property owners,

WHEREAS, this has resulted in the overpayment of property tax on this parcel by $2303.05 and,

WHEREAS, the owners of the property listed have requested a refund of overpayment,

NOW, THEREFORE, BE IT RESOLVED, BY THE Mayor and Council of the Borough of Woodcliff Lake, that the CFO be authorized to refund the overpayment of $2303.05 to the owner listed below:

B/L OWNER AMT. REASON

2701/18 LOSAK, DREW & GAIL $2303.05 DUPLICATE PAYMENT

MAIL VOUCHER/PAYMENT TO:

LOSAK, DREW & GAIL

2 CRESSFIELD COURT

WOODCLIFF LAKE, NJ 07677

RESOLUTION AUTHORIZING A REFUND OF OVERPAID TAXES CAUSED BY TAX COURT JUDGEMENT DOCKET NO. 003105-2010-2010 FOR THE YEAR 2010 (Consent Agenda - 11)

WHEREAS, the owners of Block 402 Lot 1.01, 450 Chestnut Ridge Road, Woodcliff Lake N.J. has been successful in their appeal to The Tax Court of New Jersey and having agreed upon a settlement adjusting their assessed value as follows:

2010 Assessment from Tax Duplicate Tax Court Judgment

1,740,000.00 LAND 1,740,000.00 LAND

439,500.00 IMPROVEMENTS 210,000.00 IMPROVEMENTS

2,179,500.00 TOTAL ASSESSMENT 1,950,000.00 TOTAL ASSESSMENT

47,055.41 taxes paid 42,100.50 taxes

WHEREAS, this has resulted in their overpaying their property tax for the year 2010 in the amount of $4954.91 and,

TOTAL REFUND FOR 2010= $4954.91

WHEREAS, they have been awarded this judgment and therefore are entitled to a refund,

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Woodcliff Lake, that the CFO be authorized to refund the overpayment of 4954.91 for the year 2010 to the owner of record Woodbine St Assoc. LLC, C/O Stavitski & Assoc, LLC

MAIL VOUCHER TO:

Stavitsky & Associates LLC

341 Broad St.

Clifton, NJ 07013

Resolution Awarding Contract for Pascack Valley Cooperating Pricing System (#107-PVCPS) 2010 NJDOT Project and Authorization for D&L Paving to Perform Work in Woodcliff Lake as Outlined in Master Contract (Consent Agenda - 12)

WHEREAS, on October 21, 2010 the Borough of Westwood, acting as Lead Agency for the Pascack Valley Cooperative Pricing System (#107-PVCPS), received bids for the 2010 NJDOT Project; and

WHEREAS, seven (7) bids were received for four municipalities, with totals ranging from $1,051,247.80 to $1,226,681.00 for the base bid, $78,779.82 to $91,980.00 for Alternate Bid A, and $20,263.52 to $28,823.00 for Alternate Bid B; and

WHEREAS, the bids were reviewed by Boswell Engineering on behalf of the Pascack Valley Cooperative Pricing Program; and

WHEREAS, Boswell Engineering has summarized the bid prices and recommends the award of contract to D&L Paving Contractors, Inc. in the amount of $1,051,247.80; and

WHEREAS, Alternate Bid A of $78,779.82 and Alternate Bid B of up to $20,263.52 are also awarded so that municipalities that requested additional work have the option of doing so; and

WHEREAS, the total award for base and alternate work is $1,150,291.14.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of Woodcliff Lake authorizes Ed Sandve, Borough Administrator to execute a contract with D&L Paving for an amount not to exceed $110,334.45 which is Woodcliff Lake’s portion of this contract.

| | (Consent Agenda – 13) |

| | |

|2010 Budget Transfers for December 6, 2010 meeting | |

| | | | |

| | | | |

|DEPARTMENT |ACCOUNT NUMBER |FROM |TO |

| | | | |

|GENERAL ADMINISTRATION - OTHER EXPENSES |0-01-20-100-020 |5,000.00 | |

|GENERAL ADMINISTRATION - SALARIES AND WAGES |0-01-20-100-010 | |5,000.00 |

| | | | |

|MUNICIPAL CLERK - SALARIES AND WAGES |0-01-20-120-010 |5,000.00 | |

|LIABILITY INSURANCE |0-01-23-210-020 | |5,000.00 |

| | | | |

|SEWER - SALARIES AND WAGES |0-01-31-455-010 |2,500.00 | |

|GENERAL ADMINISTRATION - OTHER EXPENSES |0-01-20-100-020 |7,500.00 | |

|SEWER - OTHER EXPENSES |0-01-31-455-020 | |10,000.00 |

| | | | |

|LIBRARY - OTHER EXPENSES |0-01-29-390-020 |2,000.00 | |

|GENERAL ADMINISTRATION - OTHER EXPENSES |0-01-20-100-020 |2,000.00 | |

|AID TO VOLUNTEER AMBULANCE |0-01-25-260-020 | |4,000.00 |

| | | | |

|FINANCIAL ADMINISTRATION - SALARIES AND WAGES |0-01-20-130-010 |4,000.00 | |

|BUILDINGS AND GROUNDS - SALARIES AND WAGES |0-01-26-310-010 | |4,000.00 |

| | | | |

|LANDFILL DISPOSAL COSTS |0-01-32-465-230 |22,000.00 | |

|AUDIT SERVICES - OTHER EXPENSES |0-01-20-135-020 | |22,000.00 |

| | | | |

|RECREATION - OTHER EXPENSES |0-01-28-370-020 |5,000.00 | |

|BUILDINGS AND GROUNDS - OTHER EXPENSES |0-01-26-310-020 | |5,000.00 |

| | | | |

|RECREATION - OTHER EXPENSES |0-01-28-370-020 |3,000.00 | |

|RECREATION - SALARIES AND WAGES |0-01-28-370-010 | |3,000.00 |

| | | | |

|BERGEN COUNTY UTILITIES AUTHORITY SEWER CHARGES |0-01-31-456-020 |500.00 | |

|BOROUGH OF HILLSDALE - SEWER OTHER EXPENSES |0-01-31-458-020 | |500.00 |

| | | | |

|TAX ASSESSMENT - OTHER EXPENSES |0-01-20-150-020 |10,000.00 | |

|LEGAL - OTHER EXPENSES |0-01-20-155-020 | |10,000.00 |

| | | | |

| | | | |

|TOTAL | |68,500.00 |68,500.00 |

| | | | |

RESOLUTION AUTHORIZING A REFUND OF OVERPAYMENT OF TAXES

(Consent Agenda – 14)

WHEREAS. The property tax on the following parcel were overpaid by property owners,

WHEREAS, this has resulted in the overpayment of property tax on this parcel by $3455.70 and,

WHEREAS, the owners of the property listed have requested a refund of overpayment,

NOW, THEREFORE, BE IT RESOLVED, BY THE Mayor and Council of the Borough of Woodcliff Lake, that the CFO be authorized to refund the overpayment of $3455.70 to the owner listed below:

B/L OWNER AMT. REASON

704/6 BAUM, KENNETH & KEREN $3455.70 DUPLICATE PAYMENT

PAYMENT TO:

BAUM, KENNETH L. & KEREN

14 STRATFORD COURT

WOODCLIFF LAKE, NJ 07677

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