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					REGULAR MONTHLY MEETING Minutes
Mayor and Council
Borough of Harrington Park, New Jersey
April 18, 2011

Call Meeting to Order               Time: 7:04
(PAH) Mayor’s Announcement
In compliance with Chapter 231, Public Law 1975, adequate notice of the meeting was made. It
is included in the Annual Meetings posted on the bulletin board in the Municipal Center. Copies
have been mailed to the PRESS JOURNAL, the BERGEN RECORD and the SUBURBANITE.
A copy has been filed with the Borough Clerk and copies have been mailed to individuals
requesting same.

(ALB) Roll Call
1. Councilman Betancourt-present                  4. Councilman Dunlea-present
2. Councilman Roth-present                        5. Councilman Evanella-present
3. Councilman Quantmeyer-present                  6. Councilwoman Ryan-present
Also present:
              Ms. Ann Lott Bistritz-Acting Borough Clerk
              Mark Madaio, Esq. Presiding in place of Borough Attorney, Robert Regan
              Capt. Albert Maalouf, Officer in Charge
              Ms. Anne E. Murphy-CFO
              Mr. Gary Higgins-Certified Municipal Accountant

(ALB) Flag Salute

MEETING PROCEDURE:
1. Call Meeting to Order (Mayor)
2. Mayor’s Announcement (Mayor)
3. Roll Call (Act. Borough Clerk)
4. Flag Salute (Act. Borough Clerk)
5. Minute Approval(s) (Mayor & Act. Borough Clerk)
6. Correspondence (Act. Borough Clerk)
7. Reports of Committees (Council Members)
8. Old Business
9. New Business
10. Mayor’s Report-Remarks, Announcements, Proclamations
11. Public Discussion-Open-Motion
12. Public Discussion-Close-Motion
13. Ordinance (s)
14. Ordinance (s) Second Reading
15. Closed Session-Motion-Second
16. Adjournment



                                                                                             1
(PAH)Regular Order of Business Mayor Hoelscher asked for a motion to suspend regular
order of business due to the public hearing of the municipal budget. TB suggested going through
the agenda instead.

(PAH) Minutes Approval
Mayor Hoelscher will ask for a motion of approval for Minutes as follows to be accepted and
become a part of this meeting without Discussion.
Special Meeting March 7, 2011          Motion TB                Second JR       Vote AIF
Agenda Meeting March 14, 2011          Motion TB                Second JR       Vote AIF
Regular Meeting March 21, 2011         Motion TB                Second JR       Vote AIF
                                       (Noted correction below)
MR Page 8, 3/21 correction requested that the meeting noted included herself and the council members as
well as other active members of communities were invited. Not just a “Mayor’s” meeting.

Consent Correspondence             SEE ADDENDUM “AA”
TB will move that the Consent Correspondence be accepted and become a part of this meeting
without Discussion
Second MR Vote AIF

Councilman Betancourt
(TB) Planning Bd., Bd. of Adjustment, Construction, Fire
      Building Department Report. No report
      Waiver of Construction Fees- Fire Company is repairing the deteriorating basement and
      making other necessary upgrades as per current building application.
      Motion; GE second-AIF
      Request from Lions Club for the date for Town Picnic—MR The picnic may be moved to
      the Saturday after Labor Day. TB will contact Lions Club.

Councilman Roth
(JR) Recreation Commission, Environmental Commission
      Personnel & Performance Evaluations
      No Report

Councilman Quantmeyer
(GQ) Police, Municipal Court, Public Assistance
      Monthly Report - Capt. A. Maalouf-OIC: Report on file in Borough Clerk’s office. Some
      items include: Internet fraud, fare dispute, vehicle sprayed with damaging substance and
      Burial Grounds vandalized.
       Request for Street Closure (Harriot to Parkway) for Holy Thursday (4/21/11) Mass 7pm.
       Motion JQ; second TB AIF
       Raffle License RA 210-Harrington Park Fire Department-Addendum A
       Motion GQ; second TB. AIF



                                                                                                      2
Councilman Dunlea
(JD) Finance, Administration & Exec., Grants, Newsletter
      Consent Financial Resolutions:
      Payment of Claims –Addendum B
      AEM noted omission: after 2010 appropriation fund it should state 2011 current
      fund is 1,694,274.55). MR will be voting no to Wyss. Motion to accept with change:
      JD; second TB 5-1 (MR no)

       REDEMPTION OF TAX TITLE LIEN NO. 2009-01-Addendum D
       Motion JD; TB Second TB-AIF
       TB asked whether there was any thought to appealing and what is does to the budget (was
       a settlement that was accounted for in the budget).

       TAX COURT JUDGMENT-Addendum C
       Motion JD; second TB AIF

Councilman Evanella
(GE) DPW, Recycling, Building & Grounds
      Monthly Report is on file in Borough Hall.
      Fields ready for practice.
      DPW has put Highland Field lights on timers.
      Many potholes throughout the town have been filled.
      Councilman Evanella noted how cooperative out DPW is with the services from other
      municipalities.

       Boiler Violation Notification by state. New boilers installed at PD and Borough Hall.
       Notice of violation in February. Power disconnect not installed properly. Deadline for
       compliance was 4/11/11. Each boiler will cost no more than $200 to comply, per a
       professional. GE suggests asking DPW to use the electrician who gave quote to avoid a
       fine. TB moves; JR seconds. MR asked about Direct Install reimbursement. ALB
       explained that this should have been there prior to new boiler installation.
       Motion GE, Second TB- AIF

Councilwoman Ryan
(MR) Board of Health
      Consensus of Board to hire Annie Mongelia as secretary. Hours still to be decided. Next
      meeting to be Monday, May 2, 2011.
      April 30, 2011- 10am-12noon Mini Health Fair to be held.
      Liaison to Board of Education
      Thanks to Capt Maalouf for following up on DARE Program.
      School Budget Election will be April 27, 2011- 2-9pm.

Old Business
(JR) Highland Field II Advertise for Bid-Addendum G
      Motion JR; second TB. AIF

                                                                                             3
(GQ) RESOLUTION AUTHORIZING CAPITAL SURPLUS FUNDS IN THE AMOUNT OF
       $90,267.00 OF THE INTERBOROUGH RADIO DISPATCH SYSTEM-Addendum H
       Motion GQ second-TB, AIF


(GE) DPW Site Clean up Resolution-Addendum I
     Motion GE, second JR. AIF

New Business
(GE) Stormwater Management Annual Report 2010
     Borough must file by May 2, 2011
     Addendum J. Motion GE; second JR AIF

Mayor’s Report
   Tax appeals
     Approx 125 appeals this year to be heard mid June.
   DPW Site
   PAH asked Brian Eifert to check on whether Borough might receive some relief through
     E-JIF.
   Mayor and Council will probably soon hear requests for funds for road projects.
   There is no new meeting date for Police consolidations.
   Letter from Sen. Cardinale will be coming to Council - PAH asks Council to consider
     supporting.

Motion to open to the public TB Second JR Vote AIF. Open for non-budget questions.
Mr. Philips- Lohs Place
Pondside Park Road is full of craters, not potholes. Can DPW scrape road? GE will follow up.
Mr. Philips researched ambulance. He found there are companies that will take the box off
ambulance. The company is in New Jersey. He asked what we could get for $250K (2
ambulances). The Corps can save substantially by doing a remount. TB pointed out that
Ambulance Corps needs to research and report back to Mayor and Council. Ambulance Corps is
aware of remount option. Mr. Phillips will supply information to Ambulance Corps.

Rita Dougherty- Blanch Avenue
The condition of Blanch Avenue is so poor that an accident may happen at the entrance of
Pondside Park.
Questions the budget regarding the seniors. Mrs. Dougherty was asked to wait until the Budget
hearing a little later in the meeting.

Motion to close to the public TB    Second JR      Vote AIF




                                                                                                4
ORDINANCES AND RESOLUTIONS
(JD) ORDINANCE #656 Second Reading-Addendum K
CALENDAR YEAR 2011 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION
LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A-4-45.14)
Motion to move by title JD; GE
Motion to open to public Second Vote TB; Second GE AIF
No public
Motion to close to public Second Vote TB; Second JR AIF
Roll call vote for adoption of Ordinance #656-All in Favor

(TB) ORDINANCE # 657 Second Reading-Addendum L
AN ORDINANCE TO ADOPT A PENALTY TO APPLY TO VIOLATIONS OF BOROUGH
ORDINANCES AND TO BE INCLUDED IN THE CODE OF THE BOROUGH OF
HARRINGTON PARK, NEW JERSEY, AS CHAPTER 164, FINES AND PENALTIES
Motion to open to the public Second Vote TB; second JR AIF
No public
Motion to close to the public Second Vote TB; JR AIF
Motion: TB Second: JR
No comments from Council
Roll Call: AIF

(TB) ORDINANCE #658-Second Reading-Addendum M
AN ORDINANCE ADOPTING A CODIFICATION AND REVISION OF THE ORDINANCES OF THE
BOROUGH OF HARRINGTON PARK, COUNTY OF BERGEN, STATE OF NEW JERSEY; PROVIDING
FOR THE MAINTENANCE OF SAID CODE; REPEALING AND SAVING FROM REPEAL CERTAIN
ORDINANCES NOT INCLUDED THEREIN; ESTABLISHING A PENALTY FOR ALTERING OR
TAMPERING WITH THE CODE; AND MAKING CERTAIN CHANGES IN PREVIOUSLY ADOPTED
ORDINANCES
Motion to open to the public- GE; second JR AIF
No public
Motion to close to the public Second Vote TB; JR AIF
Motion: TB
Second: JR
TB Thanked ALB and RTR for their work. ALB stated that an internet link would be available
possibly by week’s end.
Roll Call: AIF

Public Hearing Budget 2011
(JD) Resolution-Waiver of Full Reading in Full of the 2011 Municipal Budget-Addendum E
Motion JD; second GE. AIF

Question from TB: Do we amend now? Mr. Higgins explained Amendment would have to be
advertised. Have hearing on proposed budget then advertise this week and then a hearing held
on amendment only next week and then adoption the following week.
TB move to open to public. Second GE AIF.


                                                                                               5
Rita Dougherty.
Doesn’t see funds for seniors for last two years and she wonders why seniors are not valued.
TB: Not that they are not valued, but Club 60 is a private club and it is not a function of the
government to fund private groups.

Marlene Rafner: Blanche Ave.
Asks if funds received prior were illegal. TB: Not illegal just inappropriate. Mrs. Rafner
continued and stated that Council’s dismissal of seniors will be remembered at voting time.

Margaret Marion Lusk,-Blanch Avenue
Treasurer Club 60 Shame on you for taking away from the seniors. Why were we turned down?
GQ asked approximately how many of the Club 60 members are actually from Harrington Park,
80 out of the hundred or so members? Mrs. Rafner responded that some of the members were
residents at some time but may have moved to a neighboring town due to housing choices.
Many still have family in town.

Olive Hay-Martha Road
Some were Harrington Park residents but have since moved out. However, Harrington Park is
still their home.

Peter Stonich-Kohring Circle
Many people can’t drive and can’t afford to go on trips on their own. $6,000 is $4 per home.
We have paid taxes all these years and deserve something back. Mr. Stonich hoped that Council
would go home and think about it. MR: The Boro has requested a Development Community
Block Grant for $3,000. We are hoping to get that for Senior Activity. We are not dismissing
the seniors. MR had offered to help get private donations to defray costs. The Borough cannot
afford the $6,000 in these times. Mr. Stonich stated that it was very sad to see Council taking this
position. Other towns, such as Norwood giving seniors $8-$11,000.

GE move to close; TB second. AIF

Gary Higgins, Municipal Auditor updated Council on some items prior to adoption.
Library tax change (to be shown as a separate tax) did not require advertisement. Second change
does: inclusion of additional surplus anticipated with the approval of the division of government
services upon prior receipt of the grant. Because appropriations will exceed 10% on the amount
of the change advertisement is required. Change will be advertised Thursday. Hearing next
Monday.

Resolution-To Amend the 2011 Municipal Budget-Addendum F.
Motion JD; second TB. AIF PAH: Like to thank Ms Murphy and Mr. Higgins and
members of council.
We will conclude our business one week from tonight-April 25, 2011.

GE: Question to TB: Notices 3 residences with debris. Should I bring them to the attention of
Joe Zavardino? TB: Yes.

                                                                                                   6
Closed Session-Discussion
GQ will introduce the following Resolution:
                                         RESOLUTION
WHEREAS, N.J.S.A. 10:4-12 permits a public body to conduct business in Closed Session
during a public meeting; and
WHEREAS, the Mayor and Council deem it necessary to discuss certain matters in Closed
Session as permitted by the aforesaid statute.

NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of
Harrington Park that it does hereby go into Closed Session to discuss the following matters as
permitted by statute:
       A. Sidewalk Easement
       B. Police

BE IT FURTHER RESOLVED that discussion of the aforementioned subjects may be made
public at such time as disclosure of the discussion will not detrimentally affect the interest and
Borough as to said discussion, action may be taken when meeting returns to open session.
Second TB-AIF

Motion to adjourn the meeting at 8:27pm with a Motion by TB, second GE. All in Favor.

                                                Addendum A
                                                 Resolution
                    Raffle License RA #210 Harrington Park Volunteer Fire Company #1
                                               Raffle Approval
RA # 210 Off Premise 50/50 Raffle
BE IT RESOLVED by the Mayor and Council of the Borough of Harrington Park that the Off Premise 50/50
Raffle Application RA # 210 for the Harrington Park Volunteer Fire Company #1, to be held on October 1, 201,
5pm at Highland Field, Tappan Road, Harrington Park be approved as submitted providing all rules and regulations
of Legalized Games of Chance Control Commission are adhered to.

                                     Addendum B
                       PAYMENT OF CLAIMS CERTIFICATION
I hereby certify that funds are available for the following disbursements:
                           2010 Appropriation Reserves            $ 13,200.00
                           2011 Current Fund                      $1,694,274.55
                           Payroll (March)                        $ 184,659.28
                           Trust Fund                             $ 19,447.57
                           Capital Fund                           $    9,000.00
                           Dog Revenue                            $       67.80
ANNE MURPHY, CFO
April 18, 2011




                                                                                                                   7
                                          Addendum C
                                     TAX COURT JUDGMENT
                                            RESOLUTION
WHEREAS, a Memorandum of Judgment issued by the Tax Court has been received by the Tax
Collector concerning a reduction in the assessment of the following property for the tax year 2008 thereby
creating the need to issue a property tax refund as follows:
Block 1502, Lot 6                United Water New Jersey
                                 2-48 Bogerts Mill Road
                                 Harrington Park, NJ 07640

2008 ORIGINAL ASSESSMENT                          TAX BOARD JUDGMENT

Land:            $3,073,500                                $310,000
Impvts.:         $        0                                $      0
        Total:   $3,073,500                                $310,000

Total 2008 Refund: $48,941.58

Mail Refund to:                          United Water New Jersey &
                                         Zipp & Tannenbaum, L.L.C.
                                         166 Gatzmer Avenue
                                         Jamesburg, New Jersey 08831

NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of Harrington Park,
County of Bergen, State of New Jersey that the Borough Treasurer/Tax Collector be and is hereby
authorized and directed to prepare the necessary check as listed above.

BE IT FURTHER RESOLVED, that a certified copy of this Resolution be forwarded to the Borough
Treasurer/Tax Collector.

                                              Addendum D
REDEMPTION OF TAX TITLE LIEN NO. 2009-01
RESOLUTION
WHEREAS, Law Offices of Manuel J. Garcia will make payment to the Tax Collector prior to the
expiration of the “Right to Redeem” on Tax Title Lien #2009-01, for Block 208, Lot 5, in the following
amount as required by the New Jersey State Statutes:
                        Tax Title Lien #2009-01                   $10,396.26
                        Flat Penalty (6%)                         $ 623.78
                        Recording/Search Fees                     $    55.00
                                                                  __________
                                                  Total:          $ 11,075.04

                        Subsequent Taxes & Interest
                        Paid by Lien Holder                       $24,593.90
                        Grand total due lien holder:              $35,668.94
                        Return of Premium paid
                        By lien holder at time of sale:           $17,300.00

NOW THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Harrington Park,
County of Bergen, State of New Jersey, that the Borough Treasurer/Tax Collector be and is hereby
                                                                                                         8
authorized and directed to prepare the necessary checks totaling $35,668.94 and $17,300.00 made
payable to the following lien holder:
                                  Robert E. Rothman
                                  409 Grand Avenue
                                  Englewood, NJ 07631

BE IT FINALLY RESOLVED, that a certified copy of this Resolution be forwarded to the Borough
Treasurer/Tax Collector.
                                                   Addendum E
                                                   RESOLUTION

Resolution Re: Waiver of Reading in Full of the 2011 Budget

         WHEREAS, N.J.S. 40A:4-8 permits that the Budget as advertised may be read by its title providing that

at least one week prior to the date of the hearing a complete copy of the approved budget shall

         a)       be posted in a public place where public notices are customarily posted, and

         b)       is made available to each person requesting the same during said week and during the public

hearing, and

         WHEREAS, the Borough of Harrington Park has complied with the aforesaid requirements.

         NOW, THEREFORE, BE IT RESOLVED, the Borough is hereby permitted to waive the reading in full,

of the Municipal Budget for the year ending December 31, 2011.

                                                   Addendum F
                                                   RESOLUTION

Resolution Re: Resolution to Amend 2011 Budget

         WHEREAS, the local municipal budget of the year 2011 was approved on the 7th day of March, 2011,
and,

         WHEREAS, the public hearing on said budget has been held as advertised, and

         WHEREAS, it is desired to amend said approved budget.

        NOW, THEREFORE BE IT RESOLVED, by the Governing Body of the Borough of Harrington Park,
County of Bergen, that the following amendments to the approved budget of 2011 be made:




Recorded Vote
(Insert last names)

         (                                     (                                      (
                                                                                                            9
           (                                   (                Abstained             (
           (                                   (                                      (
Ayes       (                      Nayes        (                                      (
           (                                   (                                      (
           (                                   (                Absent                (
           (                                   (                                      (

                                                                            From               To
CURRENT FUND
General Revenues:
2. Surplus Anticipated with Prior Written Consent of
        Director of Local Government Services                               $19,517             $46,067

      Total Surplus Anticipated                                             419,517             446,067


5. Subtotal General Revenues                                             1,520,253            1,546,803

6. Amount to be Raised by Taxes for Support of Municipal Budget
    a) Local Tax for Municipal Purposes Including
         Reserve for Uncollected Taxes                                   4,618,810            4,270,511
    c) Minimum Library Tax                                                      -0-             348,299

           Total Amount to be Raised by Taxes for Support
            of Municipal Budget                                          4,618,810            4,618,810

7. Total General Revenues                                                6,139,063            6,165,613

8.     General Appropriations
            Operations – Within “CAPS”
                General Government
                   Engineering Services at Costs
                    Other Expenses                                           28,100              54,650

         Total Operations (Item 8(A) Within “CAPS”)                      3,759,426            3,785,976

         Total Operations Including Contingent Within “CAPS”             3,759,426            3,785,976

         Detail:
          Other Expenses                                                 1,598,227            1,624,777

(H-1) Total General Appropriations for Municipal
       Purposes Within “CAPS”                                            4,316,416            4,342,966

(L)      Subtotal General Appropriations                                 5,892,746            5,919,296
9.       Total General Appropriations                                    6,139,063            6,165,613

         BE IT FURTHER RESOLVED, that two certified copies of this resolution be filed forthwith in the
Office of the Director of the Division of Local Government Services for certification of the 2011 local municipal
budget so amended.



                                                                                                              10
         BE IT FURTHER RESOLVED, that this complete amendment in accordance with the provisions of NJS
40A:4-9, be published in The Press Journal in the issue of April 21, 2011 and that said publication contain notice
of public hearing on said amendment to be held at the Municipal Building on April 25, 2011 at 7:00 P.M.

       It is hereby certified that this is a true copy of a resolution amending the budget, approved by the
Governing Body on the 18th day of April 2011.

                                       Addendum G
                                        Resolution
                                     Advertise for Bids
BE IT RESOLVED by the Mayor and Council of the Borough of Harrington Park, Bergen
County, New Jersey upon the recommendation of the Borough Engineer, Michael J. Neglia, that
the plans and specifications for:
                                 HIGHLAND FIELD- PHASE II
                            BOROUGH OF HARRINGTON PARK
                              BERGEN COUNTY, NEW JERSEY

Are hereby approved and the Acting Borough Clerk is authorized to advertise for bids. This
Resolution takes effect immediately.

                                                Addendum H
RESOLUTION AUTHORIZING CAPITAL SURPLUS FUNDS IN THE AMOUNT OF $90,267.00
OF THE INTERBOROUGH RADIO DISPATCH SYSTEM AND HELD BY THE BOROUGH OF
CLOSTER AND NO LONGER NEEDED FOR CAPITAL PURPOSES TO BE RELEASED TO
THE INTERBOROUGH RADIO DISPATCH SYSTEM FOR GENERAL OPERATING
SUPPORT
        WHEREAS, the Borough of Harrington Park is a member of the Interborough Radio Dispatch
System (“Interborough Radio”) made up of participating Northern Valley municipalities, and
        WHEREAS, it has been determined by agreement of the municipalities that a President of the
Interborough Radio will be elected from amongst the representatives of the municipalities for a two-year
term on a rotating basis, and
        WHEREAS, Mayor DeRienzo of Haworth has been elected as President of the Interborough
Radio and has opened an account for the purposes of receiving funds from the participating municipalities
and for making payments necessary for the operation of the Interborough Radio, and
        WHEREAS, the Borough of Closter is holding $90,267.00 in capital surplus funds that were
contributed by the Interborough Radio municipalities for capital purposes, and
        WHEREAS, it has been determined that the purposes for which said funds were originally
contributed by the municipalities are no longer required,
        NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of
Harrington Park, do hereby authorize the release and transfer of said funds by the Borough of Closter to
the account established by the Borough of Haworth for the purpose of providing general operating
support for the Interborough Radio Dispatch System, and
        BE IT FURTHER RESOLVED, that the Municipal Clerk be and is hereby authorized and
directed to mail a certified copy of this resolution to the Municipal Clerks of Closter and Haworth.


                                                 Addendum I
                                      RESOLUTION
                         DPW Garage DEP Site Remediation Requirements
                                                                                                               11
       WHEREAS, Potomac-Hudson Environmental, Inc. has proposed to provide certain
remediation services at the DPW Garage in accordance with the New Jersey Department of
Environmental Protection’s Technical Requirements for Site Remediation; and

       WHEREAS, the specific services proposed with corresponding costs is as follows:

      Preparation of Final Deed Notice Documents/Electronic Media        $ 750.00

      Groundwater Sampling and Analysis
       - Labor                                                            $1,600.00
       - Laboratory                                                       $2,800.00
       - Equipment/supplies                                               $ 500.00

      Vapor Intrusion Investigation
       Workplan Implementation/Reporting                                  $7,400.00

      Preparation of Remedial Investigation Report/
       Remedial Action Workplan and Baseline Ecological
       Evaluation                                                         $13,500.00

       TOTAL                                                              $26,550.00


        WHEREAS, the Chief Financial Officer has certified that there are sufficient funds to
pay for the proposed work; and

       NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough
of Harrington Park, County of Bergen, State of New Jersey, that Potomac-Hudson
Environmental, Inc. is hereby authorized to proceed with its aforementioned remediation
services at the DPW Garage site.

       BE IT FURTHER RESOLVED, that the costs for the aforementioned services shall not
exceed $26,550.00.
                                      Addendum J
                                       Resolution
                    2010 Annual Stormwater Management Report
WHEREAS, the Borough of Harrington Park is required by the NJDEP Municipal Stormwater
Management Program to file an Annual Report for 2010; and

WHEREAS, the services of Neglia Engineering has been requested to provide engineering
services for the above referenced project; and

WHEREAS, the cost for the agreement of engineering services will be completed on a lump
sum basis for a cost of $1,980.00 and subject to provided standard terms and conditions; and

BE IT FURTHER RESOLVED, that the Mayor and Acting Borough Clerk are hereby
authorized to execute the agreement of services of Neglia Engineering, 34 Park Avenue,


                                                                                               12
Lyndhurst, New Jersey to file the Year 2010 Annual Report for NJDEP Municipal Stormwater
Management Program.

                                                Addendum K
                                              ORDINANCE #656
                              CALENDAR YEAR 2011 ORDINANCE TO EXCEED
                            THE MUNICIPAL BUDGET APPROPRIATION LIMITS
                                       AND TO ESTABLISH A CAP BANK
                                                (N.J.S.A. 40A-4-45.14)
                                    INTRODUCTION OF ORDINANCE #656
WHEREAS, the Local Government Cap Law, N.J.S. 40A:4-45.1 et seq., provides that in the preparation of its
annual budget, a municipality shall limit any increase in said budget up to 2.0% unless authorized by ordinance to
increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and,

WHEREAS, N.J.S.A. 40A:4-45.15a provides that a municipality may, when authorized by ordinance, appropriate
the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to
its final appropriations in either of the next two succeeding years; and,

WHEREAS, the Borough Council of the Borough of Harrington Park in the County of Bergen finds its advisable
and necessary to increase its CY 2011 budget by up to 3.5% over the previous year’s final appropriations, in the
interest of promoting the health, safety and welfare of the citizens; and,

WHEREAS, the Borough Council hereby determines that a 1.5% increase in the budget of said year, amount to
$65,464 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is
advisable and necessary; and,

WHEREAS, the Borough Council hereby determines that any amount authorized hereinabove that is not
appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next
two succeeding years.

NOW, THEREFORE BE IT ORDAINED, by the Borough Council of the Borough of Harrington Park, in the
County of Bergen, a majority of the full authorized membership of this governing body affirmatively concurring,
that, in the 2011 budget year, the final appropriations of the Borough of Harrington Park shall, in accordance with
this ordinance and N.J.S.A. 40A:4-45.14, be increased by 1.5%, amounting to $65,464, and that the 2011 municipal
budget for the Borough of Harrington Park be approved and adopted in accordance with this ordinance; and,

BE IT FURTHER ORDAINED, that any that amount authorized hereinabove that is not appropriated as part of the
final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and,

BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the Director of
the Division of Local Government Services within 5 days of introduction; and,

BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote
included thereon, be filed with said Director within 5 days after such adoption.

This ordinance was introduced and passed on the first reading at a meeting of the Mayor and Council of Harrington
Park County of Bergen, State of New Jersey, on the 7th of March 2011; and that said Ordinance will be taken up for
further consideration for final passage at a meeting of the said Mayor and Council to be held at its meeting place in
the Municipal Center, 85 Harriot Avenue, Harrington Park, New Jersey on Monday, the 18th of April, at 7pm or as
soon thereafter as the matter can be reached, at which time all persons interested therein will be given an opportunity
to be heard concerning the same.
April 18, 2011                                                                                                      13
Agenda
Mayor and Council
This ordinance shall take effect upon passage and publication as provided by law.

                                                Addendum L
                                              ORDINANCE # 657
         AN ORDINANCE TO ADOPT A PENALTY TO APPLY TO VIOLATIONS OF
         BOROUGH ORDINANCES AND TO BE INCLUDED IN THE CODE OF THE
         BOROUGH OF HARRINGTON PARK, NEW JERSEY, AS CHAPTER 164, FINES AND
         PENALTIES

        WHEREAS, the Mayor and Council has determined it to be in the best interests of the Borough of
Harrington Park to adopt an updated penalty to apply to violations of Borough ordinances; and

         WHEREAS, the Borough is engaged in a codification project at this time; and

        WHEREAS, it is the opinion of the Mayor and Council that a general penalty to apply to violations of
Borough ordinances should be adopted in conjunction with the adoption of the Code of the Borough of Harrington
Park and be designated as Chapter 164, Fines and Penalties; and

        NOW THEREFORE BE IT ORDAINED, by the Mayor and Council of the Borough of Harrington Park,
County of Bergen, State of New Jersey, as follows:

SECTION I: The following shall be adopted as Chapter 164, Fines and Penalties, of the proposed Code of the
Borough of Harrington Park:
                                            Chapter 164
                                       FINES AND PENALTIES
         § 164-1. General penalty.
         Except as otherwise provided in this Code, the maximum penalty for violation of any provision of this
         Code shall, upon conviction, be a fine not exceeding $2,000 or imprisonment in the county jail for a term
         not exceeding 90 days or a period of community service not exceeding 90 days.

         § 164-2. Housing and zoning violations.
         Notwithstanding the provisions of § 164-1, should the Borough chose to impose a fine in an amount greater
         than $1,250 upon an owner for violations of housing or zoning codes, in such event the Borough shall
         provide a thirty-day period in which the owner shall be afforded an opportunity for a hearing before a court
         of competent jurisdiction for an independent determination concerning the violation. Subsequent to the
         expiration of the thirty-day period, a fine greater than $1,250 may be imposed if a court has not determined
         otherwise or, upon reinspection of the property, it is determined that the abatement has not been
         substantially completed.

SECTION II:
All ordinances or parts of ordinances inconsistent with this amending ordinance be and they are hereby repealed to
the extent of such inconsistencies only.

SECTION III:
If any section or provision of this ordinance shall be held unconstitutional or invalid by any court, the remaining
sections and provisions shall, notwithstanding such holding, remain and be in full force and effect.

SECTION IV:
This ordinance shall be in effect upon passage and publication according to law.
April 18, 2011                                                                                                        14
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Mayor and Council
                                                Addendum M
                                              ORDINANCE #658
AN ORDINANCE ADOPTING A CODIFICATION AND REVISION OF THE ORDINANCES OF THE
BOROUGH OF HARRINGTON PARK, COUNTY OF BERGEN, STATE OF NEW JERSEY; PROVIDING
FOR THE MAINTENANCE OF SAID CODE; REPEALING AND SAVING FROM REPEAL CERTAIN
ORDINANCES NOT INCLUDED THEREIN; ESTABLISHING A PENALTY FOR ALTERING OR
TAMPERING WITH THE CODE; AND MAKING CERTAIN CHANGES IN PREVIOUSLY ADOPTED
ORDINANCES
Be it ordained and enacted by the Mayor and Council of the Borough of Harrington Park, County of Bergen, State of
New Jersey, as follows:

§ 1-1. Adoption of Code.

 Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Harrington Park of a general and
permanent nature adopted by the Mayor and Council of the Borough of Harrington Park, as revised,
codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1
through 350, together with an Appendix, are hereby approved, adopted, ordained and enacted as the
“Code of the Borough of Harrington Park,” hereinafter known and referred to as the “Code.”


§ 1-2. Code supersedes prior ordinances.

 This ordinance and the Code shall supersede the 1967 Code and all other general and permanent ordinances
enacted prior to the enactment of this Code, except such ordinances as are hereinafter expressly saved from repeal or
continued in force.


§ 1-3. When effective.

 This ordinance shall take effect immediately upon passage and publication according to law.


§ 1-4. Copy of Code on file.

 A copy of the Code in loose-leaf form has been filed in the office of the Borough Clerk and shall remain there for
use and examination by the public until final action is taken on this ordinance; and, if this ordinance shall be
adopted, such copy shall be certified to by the Clerk of the Borough of Harrington Park by impressing thereon the
Seal of the Borough, as provided by law, and such certified copy shall remain on file in the office of the Clerk of the
Borough, to be made available to persons desiring to examine the same during all times while said Code is in effect.


§ 1-5. Amendments to Code.

 Any and all additions, amendments or supplements to the Code, when passed and adopted in such form as to
indicate the intent of the governing body to make them a part thereof, shall be deemed to be incorporated into such
Code so that reference to the “Code of the Borough of Harrington Park” shall be understood and intended to include
such additions and amendments. Whenever such additions, amendments or supplements to the Code shall be
adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said
Code as amendments and supplements thereto.
April 18, 2011                                                                                                     15
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Mayor and Council
§ 1-6. Publication; filing.

 The Clerk of the Borough of Harrington Park, pursuant to law, shall cause this Adopting Ordinance to be
published, in the manner required, in a newspaper of general circulation in the Borough. Sufficient copies of the
Code shall be maintained in the office of the Clerk for inspection by the public at all times during regular office
hours. The enactment and publication of this Adopting Ordinance, coupled with availability of copies of the Code
for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions
of the Code for all purposes.


§ 1-7. Code book to be kept up-to-date.

 It shall be the duty of the Clerk or someone authorized and directed by the Clerk to keep up-to-date the certified
copy of the book containing the Code required to be filed in his or her office for the use of the public. All changes in
said Code and all ordinances adopted subsequent to the effective date of this codification which shall be adopted
specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or
new ordinances are printed as supplements to said Code book, at which time such supplements shall be inserted
therein.


§ 1-8. Sale of Code book.

Copies of the Code, or any chapter or portion of it, may be purchased from the Clerk, or an authorized agent of the
Clerk, upon the payment of a fee authorized by the Borough. The Clerk shall also arrange for procedures for the
periodic supplementation of the Code.


§ 1-9. Altering or tampering with Code; penalties for violation.

 It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the
Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Borough of
Harrington Park to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be
subject, upon conviction, be subject to the penalties as set forth in Chapter 164, Fines and Penalties, of the Code of
the Borough of Harrington Park, in the discretion of the Judge imposing the same.


§ 1-10. Severability of Code provisions.

 Each section of the Code and every part of each section is an independent section or part of a section, and the
holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed
to affect the validity or constitutionality of any other sections or parts thereof.


§ 1-11. Severability of ordinance provisions.

 Each section of this ordinance is an independent section, and the holding of any section or part thereof to be
unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of
any other sections or parts thereof.

April 18, 2011                                                                                                       16
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Mayor and Council
§ 1-12. Inconsistent ordinances repealed.

 Except as provided in § 1-13, Ordinances saved from repeal, below, all ordinances or parts of ordinances
inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed; provided,
however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Borough
of Harrington Park which is not in conflict with the provisions of the Code shall be deemed to remain in full force
and effect..


§ 1-13. Ordinances saved from repeal.

 The adoption of this Code and the repeal of ordinances provided for in § 1-12 of this ordinance shall not affect the
following ordinances, rights and obligations, which are hereby expressly saved from repeal:

    A. Any ordinance adopted subsequent to August 16, 2010.

    B. Any right or liability established, accrued or incurred under any legislative provision prior to the effective
       date of this ordinance or any action or proceeding brought for the enforcement of such right or liability.

    C. Any offense or act committed or done before the effective date of this ordinance in violation of any
       legislative provision or any penalty, punishment or forfeiture which may result therefrom.

    D. Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered, prior to
       the effective date of this ordinance, brought pursuant to any legislative provision.

    E. Any franchise, license, right, easement or privilege heretofore granted or conferred.

    F.   Any ordinance providing for the laying out, opening, altering, widening, relocating, straightening,
         establishing of grade, changing of name, improvement, acceptance or vacation of any right-of-way,
         easement, street, road, highway, park or other public place or any portion thereof.

    G. Any ordinance or resolution appropriating money or transferring funds, promising or guaranteeing the
       payment of money or authorizing the issuance and delivery of any bond or other instruments or evidence of
       the Borough's indebtedness.

    H. Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or
       obligation.

    I.   The levy or imposition of taxes, assessments or charges or the approval of the municipal budget.

    J.   The dedication of property or approval of preliminary or final subdivision plats.

    K. All currently effective ordinances pertaining to the rate and manner of payment of salaries and
       compensation of officers and employees.

    L. Any ordinance adopting or amending the Zoning Map.

    M. Any ordinance relating to or establishing a pension plan or pension fund for municipal employees.

    N. Ordinance No. 630, adopted 10-20-2008, regarding cat licensing fees.

April 18, 2011                                                                                                    17
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Mayor and Council
    O. Ordinance No. 632, adopted 11-17-2008, and Employee Manual amendment.


§ 1-14. Changes in previously adopted ordinances.

    A. In compiling and preparing the ordinances for adoption and revision as part of the Code pursuant to
       N.J.S.A. 40:49-4, certain grammatical changes and other minor changes were made in one or more of said
       ordinances. It is the intention of the Mayor and Council that all such changes be adopted as part of the Code
       as if the ordinances so changed had been previously formally amended to read as such.

    B. Nomenclature changes. The following nomenclature changes have been made throughout the Code.
       (1)    Dog Warden to Animal Control Officer.
       (2)    Construction Enforcement Department or Building Department to Construction Department.
       (3)    Construction Officer, Construction Code Enforcement Officer, Construction Official, Code
              Official to Construction Code Official.
       (4)    Building Subcode Officer to Building Subcode Official.
       (5)    Electrical Subcode Officer to Building Subcode Official.
       (6)    Fire Protection Subcode Officer to Fire Protection Subcode Official.
       (7)    Land Use Ordinance to land use ordinances.
       (8)    Zoning Enforcement Officer to Zoning Officer.
       (9)    Magistrate to Judge.
       (10)   Zoning Official or Zoning Enforcement Officer to Zoning Officer.

    C. Violations and penalties. In the following sections, the penalties have been added or amended to refer to the
       general penalty in Chapter 164, Fines and Penalties: §§ 85-40B(1)(a), 93-5, 99-5, 99-17A, 112-4, 118-5,
       150-28, 162-9, 179-9, 219-5, 230-14, 230-19, 237-12, 237-16, 242-9, 248-14, 248-25, 256-5, 291-6, 291-
       11, 291-17, 291-22, 291-27. 291-32, 291-37, 291-43, 291-49, 297-36, 337-6, 350-43J, 350-92C.

    D. Statutory references. Throughout the Code, References to the New Jersey statutes have been cited using
       “N.J.S.A.” and unconsolidated references in the text of ordinances have been supplemented with the
       consolidated (N.J.S.A.) reference.

    E. In addition, the changes, amendments or revisions as set forth in Schedule A attached hereto and made a
       part hereof are made herewith, to become effective upon the effective date of this ordinance. (Chapter and
       section number references are to the ordinances as they have been renumbered and appear in the Code.)

                                                Addendum AA

3/21/11
Tax Appeals:     77 Dean Street
                 87 Adams Street
                 234 Florence Road
                 622 Lynn Street
                 622 Lafayette Road
                 7 Eastbrook Road
                 93 Bogerts Mill Road

2011 JIF Safety Materials received.

Resolution passed by Board of Chosen Freeholders-March 26-National Epilepsy Day.


April 18, 2011                                                                                                   18
Agenda
Mayor and Council
Certified copy of Board of Education candidates received.

Executed copy of Buffer Zone Contract received.

Neglia Engineering correspondence to PSEG received for Council review.

3/22/11
OPRA received regarding property-500 Lafayette Road

Tax Appeals:      632 Lynn Street
                  50 Parkhill Road
                  38 Lee Avenue
                  34 First Street
                  240 West Shore Road

Wiss etal regarding ongoing police litigation.

Certificate of Insurance: UWR for street opening bond and baseball field usage.
                            Perfect Cut Landscaping

Carecycle container materials received for clothing bins.

3/23/11
Tax Appeal-111 Lynn Street

OPRA – 114 Kline Street
        148 Schraalenburgh Road

3/24/11
Board of Chosen Freeholders have proclaimed April 2, 2011 as World Autism Awareness Day.

Neglia Correspondence received for PSEG Roadway Construction.
Borough of Closter has scheduled a Special meeting regarding Historic Preservation and the Master Plan.

CRC Wellness Fair in Paramus May 25, 2011.

DEP Wetlands letter of Interpretation received for property B 406 L 16.

Tax Appeals:      10 Lohs Place
                  135 Dean Street
                  465 Harriot Avenue
                  130 Hackensack Avenue

Complete executed contract received from Neglia Engineering for the Harriot Avenue, Tappan Road and Bogerts
Mill Road Sidewalk project.

3/25/11
Hackensack Tidelines Spring 2011.

Tax Appeals:      33 Taylor Place                     147 Spring Street
                  38 Flint Terrace                    278 Harriot Avenue
                  1 Eastbrook Terrace                 3 Lincoln Terrace
April 18, 2011                                                                                                19
Agenda
Mayor and Council
                 61 Dorotockey Drive                 25 Pine Place
                 344 Lafayette Road                  8 Cooper Place
                 44 Russell Place                    15 Cooper Place
                 2 Amelia Court                      135 Spring Street
                 16 Oak Street                       282 Parkway
                 44 Kohring Circle                   23 Downing Place
                 29 Downing Place

3/28/11
NJ Transit funding information received via email.

Interest form from BCUA for Shred Program 2011 received.

Tax Appeals:     307 Harriot Avenue
                 104 Lynn Street
                 64 Florence Road
                 127 Martin Drive

Loccke etal sent correspondence regarding potential DPW litigation.

3/29/11
Tax Appeals:     201 Harriot Avenue                  49 Highland Avenue
                 45 Giles Road                       302 Lafayette Road
                 39 Higgins Place                    15 Harrington Court
                 207 Harriot Avenue                  56 Kohring Circle
                 51 Arcadia Court                    36 Kohring Circle
                 128 Blanch Avenue                   18 Harriot Avenue
                 72 Martin Drive                     15 Burkhart Lane

3/30/11
City of Hackensack has passed a resolution regarding the use of improper wording used towards people with
disabilities.

Borough submission (Neglia Engineering) re: NJDEP Historic Preservation Submittal for Sidewalk Improvement
Project.

Tax Appeals:     17 Stonebrook Court                 39 Beechwood Place
                 79 Greenway                         72 Kohring Circle
                 382 Parkside Road                   273 Harriot Avenue
                 48 George Street                    104 George Street
                 11 George Street                    15 First Street
                 62 Second Street                    579 Lynn Street
                 139 Guy Street

3/31/11
Insurance Certificate-BSA Troop 616 for use of Borough Hall in April.

Email from C. Fuhrman, resident regarding the Harrington Park budget increase.

Tax Appeals:     139 Hackensack Avenue               27 Carlton Lane
                 27 Blauvelt Drive                   98 North Colonial Drive
                 37 Kline Street                     130 Bogerts Mill Road
April 18, 2011                                                                                               20
Agenda
Mayor and Council
                 200 Old Hook Road                   114 Kline Street

4/1/11
NJ Transit correspondence received regarding grant application deadlines.

Giblin and Giblin have requested Council meeting dates to discuss a police issue.

Tax Appeals:     59 Lohs Place              21 Florence Road
                 1 Stonebrook Court         20 Beechwood Place
                 21 Florence Road           15 Short Place
                 30 Riker Avenue            211 Lynn Street
                 604 Lynn Street            36 Elliot Street
                 37 Glen Avenue E.          15 Demarest Place
                 18 Stella Court            182 Martha Road
                 14 Kline Street            49 Williams Street

4/4/11
Cablevision sent in the latest line up changes and On Demand Services.

Census update information received.

Tax Appeals:     115 Spring Street          119 Bogerts Mill Road
                 23 Dimas Court             24 Carman Road
                 26 Elliot Road             44 No. Colonial Drive
                 64 Guy Street              52 Highland Avenue

Certificate of Insurance Holy Family Norwood.

Correspondence from Eifert French received on behalf of the Borough for being awarded the Silver Certificate from
JIF.

4/5/11
Request to hold Wheels for Meals bike ride through Harrington Park, May 1, 2011 received with certificate of
insurance for Jewish Family Service of Bergen and North Hudson.

Decotiis etal sent copy of correspondence to NJDEP regarding the DPW facility.

PSEG Public hearing notice received for April.

NJLM Legislative Bulletin for April 2011.

4/7/11
Tax Appeal 138 Spring Street

NJLM Legislative Bulletin #2 April 2011

Ordinance amendments received from Mr. Zavardino Construction Code Official.

RTK Survey received and distributed to the Borough Hall, Library, Police Department and DPW.

Executed Annual Debt Statement received.

April 18, 2011                                                                                                 21
Agenda
Mayor and Council
4/8/11
Confirmation of Tax appeal receipt – 50 Parkhill Road.

Division of ABC has forwarded the latest information for Regulated Community Liquor licensing.

Neglia Engineering April 2011 Report.

2 OPRA’s for various property cards received.

DCA update for Financial Disclosure Statements.

Borough of Westwood is asking residents and government officials to vote on the future of Pascack Valley Hospital
at www.NJBiz.com.

Minor Soil Permit correspondence received from Neglia Engineering re: 604 Lynn Street and 260 Brook Street.

FDU has forwarded education offerings for Borough staff and associates.

OPRA Re: Swim Club contact information

4/12/11
Sample Resolution S-54 received from Senator Cardinale to facilitate municipalities to de-snag and de-silt streams
to alleviate flooding.

OPRA Re: Garbage Bid information

4/13/11

Board of Chosen Freeholders Resolutions:
       320-11 Child Abuse Prevention Month
       349-11 Autism Awareness Month
       350-11 Elevation of Rivers
       359-11 Donate Life Month
       360-11 National Government Month
       363-11 National Public Health Week
       364-11 National Volunteer Week

Acknowledgement of receipt of Application for Project Authorization from NJ-DEP-Bogerts Mill Road Sidewalk
Construction.

Stormwater Management Plan provided by Neglia Engineering received for review.

Copy of correspondence from Neglia Engineering re: 200 Old Hook Road-Site Plan to Mr. Zavardino.

4/14/11
Oak Street resident has sent correspondence to Mayor and Council requesting consideration of promoting Capt.
Maalouf to Police Chief.




April 18, 2011                                                                                                   22
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Mayor and Council
April 18, 2011      23
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Mayor and Council

				
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