Borough of Woodcliff Lake

BOROUGH OF WOODCLIFF LAKE

MAYOR AND COUNCIL AGENDA

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

Councilman Bader

Councilman Camella

Councilman Glaser

Councilman Hoffman

Councilman Rosenblatt

Councilman Struk

PLEDGE OF ALLEGIANCE.

APPROVAL OF MINUTES.

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

Bader Camella Glaser Hoffman Rosenblatt Struk LaPaglia

MAYOR’S REPORT

ADMINISTRATOR’S REPORT

1. Westervelt-Lydecker House Park Project

2. Green Acres Acquisition of Properties – Update

3. 2011 Municipal Budget Update

ENGINEER’S REPORT

1. Intersection Improvements at Woodcliff Avenue and Werimus Road

2. Intersection Improvements at Kinderkamack Road and Prospect Avenue

3. 2010 NJDOT Pascack Valley Cooperative Pricing System for Road Paving Program

4. 2010 Pascack Valley Municipal Road Paving Program

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

OLD BUSINESS.

NEW BUSINESS.

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.'

introduced at a Regular Meeting of the Mayor and Council held on December 6, 2010 and published in the form presented to and read at this Meeting, shall be appended to the Minutes of this Meeting, and made part of this Resolution and shall be passed on second and final reading, and the Borough Clerk is authorized to advertise the same according to law.

Bader Camella Glaser Hoffman Rosenblatt Struk LaPaglia

Introduction Ordinance 10-11

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”

Bader Camella Glaser Hoffman Rosenblatt Struk LaPaglia

PUBLIC FORUM.

Motion to open to the public Motion to close to the public

Bader Camella Bader Camella

Glaser Hoffman Glaser Hoffman

Rosenblatt Struk Rosenblatt Struk

LaPaglia LaPaglia

CONSENT AGENDA DISCUSSION.

CONSENT AGENDA VOTE.

ADJOURNMENT.

CONSENT AGENDA – December 6, 2010

1. Payroll, page 5

2. Authority to Pay Claims, page 5

3. Resolution Requesting Approval of Items of Revenue and Appropriation – Chapter 159- NJSA-40A:4-87 Body Armor Replacement Fund, page 5

4. Resolution Requesting Approval of Items of Revenue and Appropriation – Chapter 159- NJSA-40A:4-87 Drunk Driving Enforcement Fund, page 6

5. Resolution Authorizing Release of Escrow Balance, page 6

6. Resolution Authorizing the Acceptance of a Bid for Landscape Improvements to Westervelt-Lydecker House, page 7

7. RESOLUTION AUTHORIZING A REFUND OF OVERPAID TAXES CAUSED BY TAX COURT JUDGEMENT DOCKET #007017-2009, page 7, 8

8. RESOLUTION AUTHORIZING A REFUND OF OVERPAID TAXES CAUSED BY TAX COURT JUDGEMENT DOCKET # -2010, page 8

9. Resolution to Terminate Participation Under the New Jersey State Health Benefits Program Act of the State of New Jersey for Prescription Drug Coverage Only, page 9

10. Resolution Authorizing a Refund of Overpayment of Taxes (Losak), page 9

11. Resolution Authorizing a Refund of Overpaid Taxes Caused by Tax Court Judgment Docket No. 003105-2010-2010 for the Year 2010, page 9, 10

12. 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, page10, 11

13. 2010 Budget Transfers for December 6, 2010 meeting, page 11

14. RESOLUTION AUTHORIZING A REFUND OF OVERPAYMENT OF TAXES (BAUM), page 12

RESOLVED, that the Consent Agenda is approved as presented.

Bader Camella Glaser Hoffman Rosenblatt Struk 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 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

Bader Camella Glaser Hoffman Rosenblatt Struk LaPaglia

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.

Bader Camella Glaser Hoffman Rosenblatt Struk LaPaglia

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

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.

Bader Camella Glaser Hoffman Rosenblatt Struk LaPaglia

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.

Bader Camella Glaser Hoffman Rosenblatt Struk LaPaglia

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.

Bader Camella Glaser Hoffman Rosenblatt Struk LaPaglia

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.

Bader Camella Glaser Hoffman Rosenblatt Struk LaPaglia

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

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.

Bader Camella Glaser Hoffman Rosenblatt Struk LaPaglia

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.

Bader Camella Glaser Hoffman Rosenblatt Struk LaPaglia

RESOLUTION AUTHORIZING A REFUND OF OVERPAYMENT OF TAXES

(Consent Agenda - 10)

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