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					                                         MINUTES

REGULAR MEETING, THURSDAY, DECEMBER 9, 2010 AT 7:00 P.M. OR AS
SOON THEREAFTER AT BOROUGH HALL

OPEN PUBLIC MEETINGS ACT.

BOROUGH CLERK: this meeting is being held in accordance with the rules and
regulations of the Open Public Meetings Act of the State of New Jersey. Adequate notice
of this meeting was provided by forwarding a Sunshine notice which included the time,
date and location of this public meeting of the Mayor and Council.

ROLL CALL:

COUNCIL MEMBERS: Councilman Bianchi, Councilman Hughes, Councilman
Johnson, Councilman Kearney, Councilman Tanelli and Councilman Yampaglia

ALSO PRESENT: Mayor Peter C. Massa, Borough Clerk, Terence M. Wall, Borough
Attorney, Randy Pearce

PLEDGE OF ALLEGIANCE

PRESENTATION BY MAYOR MASSA - Dr. Harold Wiener

Mayor Massa – ladies and gentlemen, at this time we have a presentation we would like
to make to Dr. Harold Wiener. Dr. Wiener has been an eye doctor and a practitioner in
the community for many many years and I can remember a number of years ago, he even
served as an instructor at the Bergen County Police Academy during a training course on
visual surveillance am I correct on that Doc? Was in the early 1980s and you had done
quite a great job with that presentation. It impressed me even to now since I’m way pass
retirement. So without any further ado, I’d like to invite Chief Ghione to come forward
and we’ll make this presentation. The presentation is being made ladies and gentlemen
because of Dr. Wiener’s support for the North Arlington Police Department. Perhaps
Chief Ghione would like to make a few comments.

Chief Ghione – some time ago, Councilman Bianchi had indicated to me that he was
looking to reinstitute the motorcycle unit. The motorcycle unit was disbanded several
years ago and in six years ago when our contract came to, it was cost prohibited for us to
have taxpayers continue to pay that fee when it wasn’t in line to making our operations
more efficient. And with that in mind, Councilman Bianchi and Councilman Tanelli had
asked for me to try and secure a brand to secure another motorcycle; unfortunately in
today’s economy the grants for motor vehicles do not exist. Well, Dr Wiener came to our
rescue. He donated the funds to purchase a motorcycle, a substantial amount of funds.
Behind him was Cate’s Electric, Arlington Pizza, and Ten Minute Oil Change who
donated the funds to buy the radio system for the motorcycle. So I received a phone call
on Tuesday that our motorcycle will be delivered in January. Thank you Dr. Wiener. And
thank you to his academy training; I owe my life to him literally. He taught us the use of
equiperipheral bridge vision in the academy and when I was a young police officer, I was
working with then officer Kearns and we watching we were surveilling individuals that
we knew were distributing drugs and we were in the area of Belleville Pike and River
Road and we stopped the vehicle with several individuals in that vehicle. Well as the
individual, we asked him for his paperwork, as the individual reached over for his
paperwork through my peripheral vision I saw his left hand reach down, as his left down
he was reaching for a .38 caliber pistol that was loaded. We were able to secure the pistol,
able to secure the individual, able to secure the drugs. If I didn’t have that peripheral
vision, I would’ve lost my life that night. Thank you Dr. Wiener.

[Applause].

Dr. Wiener – people have asked me why I did this and I just want you to know that I have
always had tremendous respect for police. Matter of fact when I was 15, 16, and 17 I was
in a junior police organization in Elizabeth and I was very impressed with that but I’m


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especially impressed with this, North Arlington Police force. I am so thankful, I’ve been
here for 60 years and every time I’ve had any involvement with the police, they give me
courtesy, they have been helpful, and I can't ask for more. And I just thought [inaudible].
But actually I’m also giving it because of another issue. You know, these gentlemen
served as Councilmen. I don’t know if they get paid and if they do get paid, I’m sure it’s
not as much for the number of hours they put in. And I don’t think even the police are
appreciated or these gentlemen are appreciated. And I just wanted to say thank you.

[Applause].

Mayor Massa – before I hand this to Dr. Wiener, this statute does happen to remind me of
the old days and in particularly a very older gentlemen who is now retired from the police
department, my old radio partner, Detective Dave Ryan who always wore his hat and
always looked sharp in uniform. This kind of reminds me of Ryan Senior. Please enjoy it.

[Applause].

Mayor Massa – okay, ladies and gentlemen at this time, I’ll open up the meeting to
hearing of citizens. Anyone who wishes to be heard, please come forward state your
name and address for the record and please confine your comments to municipal business
and please confine your comments to five minutes to give everybody an opportunity to be
heard. Neither myself nor the members of the council will make any comments regarding
the hearing of citizens until everyone has been heard.

PUBLIC COMMENTS

Joe Cerrone – 48 Biltmore Street. A couple months back, Mayor Massa here showed his
appreciation for me coming up here and voicing my opinion and saying other people in
the community should do the same thing. Unfortunately at that time, it was something I
guess Mr. Massa enjoyed hearing me saying. This is not always going to be the case. But
I don’t want any hard feelings. I’m still doing the same thing. I’m trying to do the right
thing by the community. I have a little problem with redevelopment and developing the
community and I think I’ve been up here quite a bit beating up the zoning board and it
seems this group of individuals that we have representing redevelopment in our
community has been inefficient in the job that they’re doing down to alleged unethical
acts, unethical procedures, and I have asked you Mr. Mayor to look into to try and do
something in the past but nothing seems to be done about the issue. I do understand that
there is some kind of investigation going on which I would like to get some kind of
information to make sure that the this is still in procedure and it’s still taking it’s proper
courses through the legal channels. But I attended a zoning meeting last night and there
was no secretary in the zoning meeting which wasn’t the biggest problem. But they
claimed that they had a quorum and apparently they notified several planning board
members and brought them in and I would like to thank those two individuals. They did
show up and put themselves down as or representing themselves for the evening as
zoning board officials and both gentlemen seemed to pay a lot of attention to exactly
what was going on. But the quorum is supposed to be five individuals I believe, am I
correct? And there were only four individuals on the dais and there was no secretary. I
would also like this council to make sure that because there were no notes or anybody
taking notes, that the recording device was actually working last night. Besides that, like I
said I’ve only observed four individuals on the dais. Although there was a fifth individual
in the building, he was not on the dais and he was not paying attention to what was going
on but then went ahead and voted on something later on. The actua l and I do have some
photographs here that I would like you’s all to see. I only have one set of these so at first
I’ll kind of show them and then I’ll pass them to you gentlemen. Now here we have a
picture of the dais where there is only four members okay. (B) here we have an attorney
stating his case for these people who seem to have been having a very difficult time
getting a glass enclosure on their deck; took them approximately five months to try to get
to this point which I feel is completely ridiculous. If someone in this community wants to
better their property or willing to spend some money on their property which is a good
thing for our community, something like this should be attended to right away. But
apparently they’ve been having these quorum problems for quite a while which just
doesn’t seem to be an adequate number of eligible or we’ll say eligible individuals at this


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point. Now in this photo number 2 here (B), there’s a gentlemen sitting off to the left
sitting right next to where Chief Ghione is sitting and he seems to be on a telephone or
something not even paying attention. To the attorney who is trying to present his case to
the quorum or supposed quorum, as I understand it, this gentleman off to the left who is
on the phone is supposed to be part of this quorum and paying attention. This gentleman
here is the planning board gentlemen who came to this meeting to stand in because they
didn’t have a quorum who seems to be paying quite a bit of attention to the situation.
Okay. We got the next photograph, the attorney he’s still stating his case here to the
quorum but the gentleman on the left is now out the door on the phone paying absolutely
no attention to what this gentleman is talking about. He can't have any clue. Okay. Let’s
go to the next picture. The attorney seems to still be trying to state his case for these poor
people who are having a hard time with the glass enclosure on their deck for five months.
The planning board guy seems to be well in attention. The individual to the left is now
attendant with two small children and I’m sure has no clue what this attorney is saying.
Okay, let’s get to the last picture. Alright. The nice gentlemen from the planning board is
still paying attention. The chairman of the zoning board seems to be in another world
altogether and the gentleman on the left that was on the phone outside attending to his
children is now disrupting the whole thing by annoying the attorney Mr. Sarlo.
Meanwhile the attorney for the poor people trying to get their class and closure is still
trying to state his case and I might add if you listen to the recording if it exists, you will
hear him actually stop at one point and trying to be very respectful stating if you want we
can hold this back and wait until this disruption is taking care of before I proceed. Even
he was concerned about the situation that was going on. Bottom line is as far as I’m
concerned, there wasn’t a quorum. The gentlemen on the left obviously was not paying
attention to what was going on, had no interest and then proceeded to vote on this
situation. How can he have any clue? How can it be an honest vote? What transpired
here? the other problem with pending ethical behavior alleged pending ethical behavior
on this particular board, its chairman, its attorney, this community can't go on like this.
Redevelopment and development of any kind is something we absolutely need to hold the
taxes down and people that live in this community cannot successfully come to a board
and successfully try to do what they need or would like to do to better their lives and the
lives of everybody else in this community, well then where are going here? We’re
heading into a whole new thing with Porete Avenue and the redevelopment zone and we
need a zoning board that absolutely knows what they’re doing or at least tries to know
what they’re doing. And I’ve asked you this in the past Mr. Mayor and I’m pleading with
you, you have to ask this board to retire, resign, something or recuse themselves. We
have a reorganization coming up before the next mayor and council meeting. I think it’s
only fair that they use this opportunity to reorganize the zoning board as well. And I
believe you’ve been asked by other people to reprimand or try to get this situation under
control but nothing seems to be happening Pete. And Pete I love you but you know what,
we got to get the poison out dude. We got to do something here. We need a zoning board.

Councilman Johnson – Mr. Cerrone, can I interrupt you for a second?

Joe Cerrone – sure.

Councilman Johnson – maybe Randy could advise us if the Mayor would allow me to
speak.

Mayor Massa – I normally don’t break the protocols but in light of the allegations here, in
light of the fact that a councilman wants to ask a question, I’m going to allow that. Please
but would you do me a favor, remove your hat.

Joe Cerrone – yes sir, sorry. As you can see I need a little shave.

Mayor Massa – that’s alright, you and I are in the same boat.

Councilman Johnson – my question is that when you have a zoning board meeting, are
you allowed to replace members of the zoning board with members of the planning
board? Does that constitute a quorum? I know it’s in the mayor’s discretion on who he
appoints to those boards but if you can take a member of the planning board and let him
sit on the zoning board, can they take any member?


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Joe Cerrone – personally I had no problem with it. The two people from the planning
boards seemed to be the most professional people…

Mayor Massa – I’ll defer that question to the borough attorney…

Joe Cerrone – they seemed to be the most professional people…

Mayor Massa – in your experience councilor.

Randy Pearce – I’ve never seen it. But I would have to take a look at the statute.

Joe Cerrone – well it’s still in all like I said what I’m asking the mayor to do is to make a
motion or pass a resolution to have this board resigned as it is today and lets get
somebody together and get this community in the right direction which is extremely
needed for our future. I mean we can never expect o ur taxes to stop going up if we don’t
have proper development for the proper reasons. We need a zoning board that’s going to
do things for the community for the proper reasons, what reasons these guys are doing
what they’re doing, I have absolutely no clue. I go to these meetings and I can't
understand what goes on. It baffles me that we have the attorney allegedly he’s standing
there…

Mayor Massa –w ell you’re saying allegedly now so you don’t know if its for fact.

Joe Cerrone – well I witnessed…

Mayor Massa – you were there, I wasn’t.

Joe Cerrone – I witnessed…

Mayor Massa – I’ll have to take you for your word on it.

Joe Cerrone – I witnessed that zoning board stand in judgment of their own chairman for
a violation. How can that be? That is a complete….

Mayor Massa – well that, I have directed the administrator to have that issue reviewed by
the department of community affairs and that’s in progress as far as I understand.

Joe Cerrone – okay.

Mayor Massa – in order to ensure impartiality where there would be no bias either
favorably or unfavorably against anyone involved. I had requested the department of
community affairs take a look at that case.

Joe Cerrone – I’m just thinking in the best interest of this community…

Mayor Massa – I think I said that to you person to person one day outside.

Joe Cerrone - … you should maybe ask these people to step out of the way. Resign. I
believe the mayor has the power to disband this board and make a motion to reappoint
people and I think there’s a lot of people in this community that would get involved but
they won't presently get involved…

Mayor Massa – would you like to serve as a member?

Joe Cerrone – if necessary I would do so. My time is tight but you know if it’s for the
better of the community as I’m standing here now for the better of this community, I
would do so. Maybe I don’t have the experience necessary but I would try. I would
certainly pay attention to what's going on and I would use my own mind to make a
decision, I wouldn’t listen to anybody else.




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Mayor Massa – do you have another copy of these photographs?

Joe Cerrone – I do not.

Mayor Massa – could you make me a copy? Would you be so kind and deliver them to
the borough administrator tomorrow?

Joe Cerrone – I could. I may even be able to hand those over I’m not sure if they might
be needed somewhere else but if you would like a copy Mr. Mayor, I can certainly get
you a copy of those pictures.

Councilman Johnson – Mayor, have the documents been submitted to the department of
community affairs?

Mayor Massa – the administrator would have to explain, I would expect him to do it in
executive sessions as to who he’s contacted and what the conversation is.

Councilman Johnson – okay, what the protocol is for that.

Joe Cerrone – okay, thank you very much Mr. Mayor.

Mayor Massa – Mr. Glennon had raised his hand during your presentation so I’d like to
recognize Mr. Glennon. If you could, yes please.

Rich Glennon – 174 Baltimore Avenue. As a former member of the zoning board, Mr.
Mayor, you can replace sitting members of the zoning board with certain members of the
planning board to create a quorum; however, you cannot do the reverse. You cannot take
members of the zoning board and have them sit in on the planning board.

Mayor Massa – thank you Mr. Glennon, I appreciate it. Anyone else wish to be heard?

Mike Rodriguez – how’s everybody doing? I’m Mike Rodriguez. That’s my mother
Vivianna Rodriguez. Live at 270 Belleville Turnpike.

Mayor Massa – can you speak up and speak into the microphone?

Mike Rodriguez – I live at 270 Belleville Turnpike. We lived there for like 6 years now
and we’ve never gotten a permit parking ticket and the reason we got one and we came
here to get permit parking and they said that we weren’t allowed to because we got a
ticket on Union a one way street and that’s supposed to be why we weren’t allowed to
park there and we’ve always parked there. And then we came here to get a permit and
they said that we weren’t allowed to, actually spoke to Mr. Wall right there and he said
that only the corner house on Union was allowed to get a permit to park on Union but we
don’t have a driveway, we have nowhere else to park. Rutherford is usually always
packed and for the pass like month ever since we got that ticket, we’ve been parking in
Kearney close to like Seeley, Seeley Ave. and we just want to know what we can do or to
get a permit to park on Union if it’s possible.

Mayor Massa – I’ll answer that when we’re finished. We’re working on that but I’ll get
into a little more detail for you.

Mike Rodriguez – alright, thanks.

Mayor Massa – anyone else? Oh I’m sorry, Mr. Norcia, M’am, Mr. Norcia indicated that
before you got up he would want to comment. You want to defer to the young lady, that’s
fine thank you. What? No.

Janice Schurter – 133 6th Street. I’ve been a resident [inaudible] years. First of all,
congratulations on your reelection Councilmen and Mr. Mayor. Now that it’s a start of a
new year, I have very high expectations from all of you and as you know I was extremely
disappointed that our council cannot come up with solutions to keep our property taxes
down to zero. We elected you to work together as a team and to come up with creative


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ways to reduce our taxes or at least keep them at zero. Many of the residents are
struggling to keep a roof over their heads and put food on the table for their families and
they really would not have minded if there was a cut in services as long as we can keep
our property taxes down. Now back in May there were 37 properties that were posted for
tax foreclosures. Now I just read on the internet that there are 73 families that are losing
their homes to not paying their taxes and yet you still raised our taxes and you know I just
feel like shame on you for doing this to the residents of this town. So how many more
people do you want to throw of their homes? Even getting that tax increase down to, you
know, just below the 6% to me was not good enough. I think you guys could have done
better. Residents can't sell their homes because our taxes are high already. I know my
neighbor next door tried to sell it, reduced it another $40,000, people came and looked.
They looked at what our taxes are like and they say you know what this is a second
mortgage. I’m going to go to East Rutherford and Carlstadt where I can pay them third of
the taxes. I know at my company at the beginning of each year, we’re all given goals that
we must achieve and I felt this 5.9% tax increase was very unfair to the residents and I
know that if you had worked harder, you would have found a way to keep it at zero. I
thought it’s early enough now where you can start having a goal and I really feel that you
should be able to give us a 6% decrease to make up for what you did to us for 2011. So I
figured you can start early and I read a lot of ways that I guess you could have looked at,
you probably looked at these things but I’ll go over a couple things that I read in the
paper where other towns were taking cuts. Some of the things were the health
department. We have a staff of three full time and one part time and several of our
neighboring towns such as Carlstadt and East Rutherford, they all receive their services
through the County Department of Health Services and by doing this Carlstadt only
employs only one part time employee and Rutherford one part time secretary. The article
mentions that most of the services come from two outside providers in the regional health
commission in Hackensack for this regional program. I kind of felt that by implementing
programs and looking in to this, that you can save over $100,000 [inaudible]. The North
Arlington Police, I saw in the paper that they’re paid 16% greater than our neighbor in
Lyndhurst, 12% more than in Rutherford, and 20.5% more than East Rutherford. And I
know that contract is coming up so I kind of feel that you really need to say no to
increases. I know if you read in the paper, Newark demoted the police one rank because
they couldn’t fight the contract but they demoted them one rank and reduced their salary.
They did layoffs, Jersey City did the same. I know that the police chief met to discuss the
formation of the south Bergen police department where services could be shared. So I
just want the council to encourage the chief to move ahead in this direction. Trash
collection maybe could be cut down to once a week. Maybe dumpsters could be available
off at the DPW site for us to drop off garbage if you can't wait for garbage day. For other
ideas I had, maybe we should look at the fire departments. Do we really need to have
three fire departments? Can we cut it down to two, the one on River Road, one on
Schuyler Avenue? I just see all the other towns around us all putting articles in the paper
on ways to cut their spending and I don’t see anything really coming out of our town. I
was really upset, you know the residents of this town voted no for the board of education
budget and I knew that the council could give board of education money. You did, you
gave them $500,000 and look what they did with it. They gave raises to the four new
principles that they haven’t even proven whether they could do the job and that really
upset me and 5.5% salary increase. That’s like absurd in these days. People are getting
zero to 2%. So that was very upsetting to read about that and you know during the year
with the other mayor and council meeting, I was really tired of hearing your excuses that
the town is in financial stress and that this tax increase was necessary. I think that if you
had a goal to set right from the beginning and that’s your goal, that you can accomplish
it. So I’m hoping to see a 6% decrease to offset what you did to us this year. Thank you.

Mayor Massa – thank you. Mr. Norcia.

Bob Norcia – Just so you know Mayor from the beginning how everything exactly
happened. And it started with the Administrator Mr. Wall. After no success following
procedures, I was told to see Mr. Wall. You were the new administrator at the time. You
told me to come back tomorrow, I’ll check into it. The next day, you said to me, you have
a long time neighbor dispute. You’re only here days and now you knew it was a neighbor
dispute; you like to turn three violations into a neighbor dispute. You were already
[inaudible], first one to start a cover up. It’s obvious that you were working in collusion


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and you are guilty of dereliction of duty for not looking into the problem. Next, I told you
about a zoning and board of health complaint. You told Davies two days later I received a
letter from Davies saying which you know about Mayor because I brought it up once
before saying I was complaining and harassing his client Linda Jacewich. You had no
right whatsoever to do that. You were working in collusion and that was a conflict of
interest. When you were interviewed by the paper, you told the media that you were at
my home a dozen times and I have the copy home. That’s a lie. You came to my home
once and that was after you allowed the, you allowed as the administrator to cover up a
board of health and a zoning violation which also comes under dereliction of duty. In
your office, you dialed my lawyer’s phone. We discussed the matter, you then denied that
conversation. A phone conversation, a three way phone conversation, you, Mr. Sarlo, and
myself, I asked at the time when do I receive the answer fro m the zoning which I won
five to one which you had mentioned yourself mayor in a previous meeting. You and Mr.
Sarlo said I don’t know. You as the administrator don’t know. Mr. Sarlo the zoning
lawyer doesn’t know. I find that very odd. The zoning board me mbers told me at the
time, I was to receive it within four to six weeks no later. And this matter, you and Mr.
Sarlo are guilty of dereliction of duty. I asked you about Mr. Fernandez, the zoning
officer, you said he doesn’t work here anymore. He works someplace else. I caught up
with Mr. Fernandez a month later, he said I was told not to talk to you. You gave him the
instructions according to what he told me. Mr. Tanelli tried to help with this board of
health and zoning violation. I saw Mr. Tanelli at the feast, he said give me a few days, I
waited five days, I went to see Mr. Tanelli. He called you, you called my home and you
were rude and harassed my wife and got her very upset which I mentioned to you at a
previous meeting mayor. I asked why did Mr.Tanelli call you. He said Mr. Tanelli didn’t
call me, a town worker called. That’s the biggest lie in my complaint because within a
few days we had a mayor and council meeting. After the meeting, Mr. Tanelli, Mr.
Bianchi, Mr. DiBlasi, the three councilmen and myself, I asked Mr. Tanelli why did you
tell Mr. Wall to call my home; he got my wife upset. Mr. Tanelli said I never told him to
call your home. I told him I spoke to you about the situation. I never ever told him to call
your home. The mayor was also behind at the time which I’m not involving you but I’m
describing the situation. Four people verified that you lied. Did lie from the beginning
and you were one of the biggest problems. Your guilty of collusion, dereliction of duty,
nepotism, you misled me from the second day not knowing anything when you were new
on the job. You knocked me down, kicked me, and threw me under a bus. Robert Kairys
is also guilty of the same: collusion, dereliction of duty, and nepotism. I did not create
this problem. You two people did by not doing your job. I did what I was told. My
neighbor did not. She received three violations and then they were dismissed. That’s odd
to me also. Most of you on the dais are responsible for this happening at the time who
were there. The only two out of the eight that showed concern was Mr. Bianchi and Mr.
DiBlasi which they gave their report on their findings. That’s all. Thank you.

Mayor Massa – thank you sir. Anyone else wishing to be heard? Yes sir.

Glenn Schurter – 133 Sixth Street. Congratulations on your election. I got a few things I
just want to ask. I was looking at this and I just don’t understand where you came off
with this thing. For lower taxes, [inaudible] we pledged to hold the line on taxes, you’s
did, okay. And give you an hones municipal budget. What you call honest, that could be
like this you know, and phony financial shenanigans. This is the only shenanigans I’ve
seen on this piece of paper. It’s basically, it’s the way I feel about it you know what I’m
saying because you raised it 5.9 and I’d like to just go over a few things with you. I went
over this with the [inaudible] streetscape and I know the town needs it okay but in dire
crisis amount can get you don’t borrow money. I don’t. Nobody I know really does this
regardless of how low the terms of the loan may be. This action causes a reaction, higher
taxes that means the property owners of store fronts, raised rents, business fold and go
under or never try to open and that’s how it usually works. More taxation means less
freedom. Every time you raise taxes, less freedom for all, every last one of us just don’t
realize that’s how it is. I’d like to before I get, I’d just like to, I saw this article in the
paper and I’d like to ask you and Chief if you’re doing anything about this, merging the
towns, six towns, six police forces which should be done. Nobody had to have gotten get
fired. What you do is [inaudible] when he’s ready to retire, let the captain take his place
and that’s how you get rid of the people like this and that’s how you lower the taxes.
That’s just one thing I’m thinking of. The fire departments, when Bergen County has


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more fire equipment than all of New York City, something doesn’t, I don’t know what's
wrong with this because they got at least 10 to 1 pop ulation.

Mayor Massa – I don’t want to interrupt but just sir you’re aware that North Arlington is
of course a volunteer fire department.

Glenn Schurter – yes, I understand that.

Mayor Massa – and with respect to Bergen County having more fire trucks then the city
of New York, that’s because there are 70 municipalities and each municipality has its
own fire department but I’m going to address that later on, I want you to continue.

Glenn Schurter – but must be regionalized. I said it over and over again. In the 50s when
I went to high school, [inaudible] got regionalized schools. So does up in Bergen County
someplace up, regionalized schools. You can do with this town too with somebody else.
It can be done. I don’t know what you’re trying to do or trying to achieve but put this in
your mind. You’re hurting us. My son has a multimillion dollar house basically speaking
in San Diego. It’s Texas, $5,000 a year. Well of course you’re going to tell me to why
don’t I move out there, ask her. I would go within the second. How do I sell a house
when people come into and they look, my house is just right up [inaudible] it’s all wood
and everything naturalized, wood and everything and I refuse to put the driveway in now,
that’s I leave it stone because I’m not putting no more into this town. In Europe, you
renovate a house, they’re so nice, they lower your taxes. Here they raise your taxes.
Okay, you tell me to move to Europe; I would love to go to Switzerland, my home
country because that is a true democracy people. This is not a true democracy here
because everything in Switzerland is done by referendum. It’s not done where I give it to
you and you take care of and do what you want to.
Mayor Massa – I just want to ask you this, keep it to municipal matters like you’ve been
doing. [Inaudible].

Glenn Schurter – you might think I’m unpatriotic or something…

Mayor Massa – no no no, not at all.

Glenn Schurter – but I just want to say the next thing. I’m a disabled vet. Okay, I almost
died for my country. So don’t think I’m disrespectful when I say certain things. But this
is the way I feel about things. And like I said like right now, okay, let me see where I’m
at now because I just around here okay. Okay, I’ve had several people come to my house,
you know residents of this town. They come to me; they feel like a slave in this town.
Alls they do is work and pay taxes, work and pay taxes, work and pay taxes, and their life
doesn’t go on but just work and pay taxes. I simply tell them they’re an indentured
servitude [inaudible]. But this is my feeling. When is it going to stop? Because I know
you’re not going to stop with just this 5.9. You’re going to keep on going. You’re going
to get two, then next year, two percent next year, and it keeps on going. How do you sell
the house when the mortgage, I mean when the taxes goes up higher than the mortgage.
Sometimes I feel that somebody I don’t know if this is true I’m just saying off my mind
that somebody’s in here for tax liens because first of all the people of tax board
downstairs, well they must get tell people who are going to forfeit their house, tax liens.
That’s very interesting because you make 18% after you bid on them in the state each
year. And I’m just wondering and you don’t have to pay the mortgage because tax liens
come before the mortgage is done. I’m just saying. Well it keeps on going and I do know
you finally got to be number one. In the newspaper, you’re the highest paid police
departments in the country, New Jersey. Highest paid, you made number one. It just
keeps on going and going and going and going and going and going. Okay and I’d like to
ask you right now one thing, this is my feeling and nobody else’s but this is what I come
to say. This is no longer the land of the free and the home of the brave. This is the land of
the thief and the home of the slave. You’re part of the slave [inaudible] you’re voting for
slavery. And I just don’t agree with what you’re saying anymore. What happened to of
the people, by the people, and for the people? It’s of the people for certain people and
screw the rest of the people. I hate to be this way because I love my country, I almost
died for it. Thanks.



                                                                                           8
Mayor Massa – thank you sir. Anyone else? I’ll entertain a motion to close hearing of
citizens.

Councilman Johnson – no, I think there’s one more. Mr. Duranin.

Mayor Massa – Oh Mr. Duran.

Councilman Johnson – yeah, I think they want to do a presentation.

Mayor Massa – thank you. Is this a presentation or …

Unidentified speaker – like a, yeah.

Pat Robbie – that’s Dan Duran my partner. We’re both residents born in North Arlington.
We own a business in Kearny called All Season Movers. What we’re looking to do is we
have I think 45 days to do due diligence on the Spring Air building right next to the bowl-
o-drome. We have 45 days to due diligence and what we’re doing right now is to try and
get a feel if the town wants to accept what we’re looking to do. And I know I can’t get
any votes with the Mayor and Council but at least I can get a feel…

Mayor Massa – yes sir, you’re well aware of that process. We have a planning board, a
zoning board. So if you were to make the presentation tonight to the council and myself,
we couldn’t vote on this essentially. We couldn’t even tell you what are individual
feelings is on it because it would possibly pervert the process but we are always happy to
entertain this type of activity so I want you to continue.

Pat Robbie – so you’re telling me you can't tell me that you’d like to get a feel for the
[inaudible].

Mayor Massa – I wouldn’t ask the council to actually be polled and vote on.

Administrator Wall – the reason I suggested you come is to just to give brief introduction
and a short framework of what you’re thinking about and then it would be referred to the
appropriate board.

Pat Robbie – what we’re looking to do is like I said we have a moving storage business.
We’re looking to take on this building, put moving and storage in it, we’re also looking
and we have here you can show them that, we’re also looking to put reta il space right
where the office space is right is it right here. There’s all this space right here. the blue
spot right here we’re looking to extend the office space right there and make it retail so
we’re looking to do is put retail right here. We’re look ing to put our storage either in this
part of the building right here which is the barreled roof or put storage right here but
we’re also trying to get a feel what other businesses you would allow. We’ve thought
about, people have thought about maybe putting a gym in the back part of the building
down on the lower level. Over here, the realtor sold us the building had told us that there
was interest in somebody leasing the barreled space and putting an ice skating rink in
there for kids and for hot new teams and [inaudible]. And again, there’s a lot of money
that we have to put into it. We probably got to put in over a million dollars worth of work
to make this building presentable. And what I would suggest is we have a building in
Kearny and John you’ve seen our building, come down and see what we did to that
property and that’s exactly what we’re looking to do to this property. We’re looking to
put you know green in here; we’re looking to spice up the building, sandblast everything,
get I back to where it should be. You know, not making an eye sore and I hear people
back here talking about taxes, I mean this is a great source of taxes to bring back into the
town but again, if we get a feeling that this wouldn’t be accepted, I’d like to know before
the 45 date due diligence because we wouldn’t take the building up.

Councilman Johnson – I just I have one question.

Mayor Massa – councilman.




                                                                                            9
Councilman Johnson – I know down in Kearny, one of your proud accomplishments is
that you put solar on your building.

Pat Robbie – we’re going to put solar in there too. Yeah, we were actually the first
moving company I know in New Jersey, I think in the country to put solar on the
buildings. We’re green down there. We have all our electric is paid for solarly. And again
I mean that’s something we probably do maybe a year or two after we get into [inaudible]
I mean there’s so much money put into this…

Councilman Johnson – is your facility in Kearney bigger than this facility?

Pat Robbie – our facility in Kearny is about 60,000 square feet, this is about 100,000
square feet but this floor print right and we’re keeping the facility in Kearny because we
have two types of businesses. We have and Randy knows about it, we have the moving
business and we have the hotel restoration business which is like the moving business.
The hotel restoration will go into gear and what that is when hotels are putting new
furniture in, we take the old furniture out. We’ll put it in here, somebody will come and
pick up the old furniture and we’ll store all the new furniture in here and when the rooms
are ready, we’ll bring it back in and that’s part of the business we’re looking to put in
here. But we don’t need that much space. I mean right now we have 40, 000 square feet
in East Rutherford. It’s a lease building; we’re going to be buying a building we don’t
know where it’s going to be. We hoped for it to be in North Arlington because it’s closer
to Kearny and we also grew up in North Arlington. It’s something we’d like to do but
again it’s a lot of money to put into this and I just don’t want to go and put this money
into it because I have heard plenty of times where and maybe they’re false but I have
heard plenty of times people have come up to try and do things and got shot down and I
just put a lot of money into something like that. So again, I’m just looking to poll
everybody here right now, just tell me is it something you guys would be interested or is
something that you wouldn’t be interested in.

Councilman Hughes – Mr. Mayor, I have a question. There were several applications for
things going into that property over the years…

Pat Robbie – yeah homes.

Councilman Hughes – homes was one of them, different usage for the property. One of
the biggest complaints is from the neighbors was the trucks going in and out. Particularly
ones when spring air mattress was operating there. They were coming in very early in the
morning, leaving their trucks idling at 4 or 5 in the morning and it was creating a problem
for the neighbors and even though it was a direct violation of the permit, they did it
anyway. I think what would be key here would be the volume of truck traffic that would
be coming in and out for your business and the additional business that you want bring in
there if that would incur any additional truck deliveries there…

Pat Robbie – I don’t what additional…I can tell you our truck traffic. Our truck traffic
also leaves at 6:30 in the morning, 6, 6:30 in the morning. They come back probably, no I
mean they’ll come back during the day, you’ll have a truck here a truck there but most of
the time we’re coming back at 6:00 o’clock at night. So I’m not going to lie to you and
come up here and say you know, we don’t have many trucks. You know, we’re in the
trucking business. We’re not in the freight business, I mean there’s a difference between
moving and storage and freight business. A freight business is you go and do an ATL
load, you coming in all the time backing in, taking 20 stops putting on the truck, going
bringing the stuffs back, loading for the next day and all that. Ours is a little different, it’s
not as much truck traffic. Ours is you load one truck, you get it loaded, you go out, you
come back at the end of the day with that empty truck. You know, but will we have
trucks, yeah I mean we can have…

Councilman Hughes – is that a 7 day operation or 24 hour operation?

Pat Robbie – it’s usually a 5 day operation. I mean there’s times when your in on
Saturday, I like to be honest with you, I hope there’s never days on Sundays because that
means I got go out there and I really don’t want to do that. Do we have Saturdays? Yeah,


                                                                                              10
we have Saturdays but I mean it’s not, Saturday isn’t our busy day. I mean our busy day
is Monday through Friday.

Councilman Johnson – correct me if I’m wrong sir, if I may Mayor?

Mayor Massa – councilman.

Councilman Johnson – there seems to me the hotel restoration business, you’re not
bringing trucks in and out all the time and as you do with your moving and storage, with
your moving business where…

Pat Robbie – well moving and storage we don’t even bring the trucks in and out all the
time and when the truck goes out, when it comes back its like its done. I mean do we
have a truck that goes out and comes back and gets something else and goes out again?
Yeah, you do but it’s not a lot of that and when that truck goes out it’s usually going out
on the job to get the job done, comes back and it parks. I mean put it this way, we the
area that this business is in, it’s on Schuyler Ave. I know you have homes on t he right
and on the left, but the area that we’re in now in Kearny, we have if you go down you
have Duke Street and what's it Terrace?

Unidentified speaker – no, Tappin.

Pat Robbie – Tappin, I’m there 20 something years, I can't remember the other street but
we have Duke and Tappin and we have nothing but homes there. And we had one
gentleman that complained in the beginning, he came down our office, we sat down and
we talked, I think we had the councilmen come down at the time too. He came down, he
talked, he told us the problems that he had and his biggest problem was he felt the trucks
were going up the street too quick so we cured that. we had our operation guy watch and
everything, we did have a truck do that but it wasn’t as much as the gentleman sa id but it
did happen and once that happened, the gentleman actually came to us or really went to a
town meeting and said you know All Seasons is cooperating. We’ve had [inaudible] it
was the first couple months we were in there and naturally what had happe ned was the
land that we have the building, it was all vacant, we built the building there, there was
nothing there for years, they had all our homes there so naturally anything comes in
besides the home, they would be upset, I would be upset you know. I bought a house and
never saw a business there and all of a sudden the business appears but once the initial
shock came, there was no problem.

Councilman Johnson – but this business seems to be [inaudible] in comparison to your
business in Kearny, the amount of truck traffic.

Pat Robbie – it’s going to be 12 trailer loads come in, gets delivered, sits there for six
months, rooms gets finished, we deliver it out. Yeah but I’m not going to stand here I
mean this again I don’t think the space that would be, that we’d be leasing wouldn’t be
good enough, I mean a trucking company wouldn’t be able to lease that space. Our space
would have trucks. I think anything else that we put in there, I don’t think would really
have you know, he wouldn’t be leasing to a trucking company just because it’s not
enough room for them and us and everything else. So whoever went into that other space
would be minimal truck traffic. Our truck traffic like I said, I don’t think it’s incredible.
You know, I don’t think it’s that big but again I need to get, to buy this building just for
our business wouldn’t be worth it to us because we need to pay these bills and we’d need
to get somebody else and that’s [inaudible] I mean the one big thing that we like is like I
said the retail space, you know and we’re not looking to put like a five and dime place in
there. What we’d do is we’d build in that space and I think I was talking to somebody
here and I was looking at you know you put a Panero Bread down or we’d call Panero
Bread and we’d call up companies like that and say hey listen, we have a space, you
know it’s right on the street and I think Panero Bread thinks like that would be perfect for
this town you know I mean or like a bagel shop…

Councilman Kearney – Starbucks.

Councilman Tanelli – point of order your honor.


                                                                                          11
Pat Robbie – I heard Starbucks 50 times and nobody’s [inaudible].

Mayor Massa – Councilman Tanelli.

Councilman Tanelli- that’s funny because I’ve contacted most of them about some other
areas in town and they tell me that they won’t even go into Rutherford because of the
traffic and I tell them you haven’t stood on Ridge Road, River Road, or Schuyler Avenue
and counted the cars going by because to me there’s plenty of traffic.

Pat Robbie – I can tell you right now if I put a Starbucks store, I don’t know about
Starbucks, my drivers don’t want to spend that kind of money, but if I put a bagel shop
right there, Dunkin…you got a Dunkin Donuts down the block though, but if I put a
bagel shop there, I think half the business would be from my drivers coming down.

Councilman Tanelli – see my concern with this is the retail portion of this I mean I know
if you’re going that’s why I don’t know really the proper procedure would probably be is
he’ll have to go before the planning board first, right?

Pat Robbie – or the zoning board right.

Councilman Tanelli – because there are multiple uses on this property.

Councilman Hughes – depends on what the variances are required.

John Digesento – the property itself would require use variance because it’s all
residential. By the way, my name is John Digesento from Langdon Engineering. I help
him look at things. So they’d need a use variance. I’ve been looking at the code, it
wouldn’t be straight forward request for say commercial or industrial usage because the
warehouse is only an allowed use under industrial; everything else would be commercial
use for the retail spaces or if you know the hockey rink came through or something like
that or a gym but yes that would be something we’d have to go to, I guess that would
zoning board of adjustments for use variances.

Councilman Tanelli – see my concern is if you have all you have a couple multiple things
you’d like to get in here and if any of them snag and you’re not able to do that, then
you’re going to be at a loss because now you heard Fine’s property was renting
[inaudible] and billing them multiple things and now you get a snag with a few of them,
now we have a problem.

Pat Robbie – well I mean if we get a snag with all of them, we’re in trouble. I think the
moving part of it I think is almost approved now, I mean you had approved a self storage
and ours is something very similar to that self storage. I mean we’re not in there running
a business per se. Whatever goes in there is stored in there, when it’s ready to leave, it
leaves. So it’s kind of in that, well I’m not a lawyer, I mean half you guys are lawyers up
here so you know more than I do. But I would think it’s close to the same. The one thing
I would like is I definitely would like to get the retail space and to be honest with you, to
me if I was a citizen and I know I’m bias because we’re looking to buy the property but if
I was a citizen, I would think that would be a great thing to put some retail space over
there. I mean that’s a main thoroughfare right there so I would think you’d get a lot of
decent organizations that would want to go there. I mean we’re not looking to put another
Chinese store up here and stuff like that, we’re looking to get a little better than that and I
think it would be good for you guys. I mean you look over here and you got Bensis and
you got Roma but you don’t have a ton of those kind of places that I’m trying to talk
about. And I think some of these places I mean Muscle Maker Grill and that’ s another
place we were thinking of calling up. I mean John you’re a body builder, you know you
love that stuff you know but I mean those kind of things that are pretty good for the town.
But again, just I know you can't vote yes or no, I understand that b ut I’m trying to get
everybody here tell me is this something that you guys would be interested in or is this
something you’re not interested in.




                                                                                            12
Councilman Johnson – I appreciate you coming. I think we all appreciate you coming.
It’s a [inaudible] area, it definitely needs improvement and there’s not many companies
or any individuals in this economy, in a tough economy they can come forth and buy the
building of that magnitude and put together some early plans like this. I appreciate your
input and I hope the planning board has been cooperating and they review your case.

Councilman Bianchi – mayor, point of order.

Mayor Massa – councilman.

Councilman Bianchi – you’re first step is you have to go before the planning board.

Pat Robbie – I know that.

Councilman Bianchi – you have to go before the planning board and you’re going to have
to present your case there but you said you had a time restraint of 30 days?

Pat Robbie – that’s the problem. I got 45 days.

Councilman Bianchi – see Joe Cerrone just hit a very sore subject before but that’s one of
the problems we’re having is to conduct these boards, to get people moving through the
town quickly and I just don’t see you getting this approval from the planning board at 30
days unless you …

Pat Robbie – no I know I’m not going to get it…

Councilman Bianchi - …unless you strike out to the landlord Mr…

Mayor Massa – Bagoon.

Councilman Bianchi – Bagoon.

Pat Robbie – I sat down and talked to Mr. Bagoon a lot of times and he’s got to the point
where we’ve negotiated a price which is a very good price that we got the building for
but in order to do that he said I don’t want any, I’ll give you 45 days and that’s it, that’s it
because I’ve been I’ve had my people in front of North Arlington so many times and I’m
just tired of it.

Councilman Hughes – Mr. Mayor, I got…

Mayor Massa – councilman.

Councilman Hughes – I have a question for Mr. Pearce. Would it be appropriate if the
council was in favor of this development to forward it to the planning or zoning board
whatever appropriate with our endorsement and ask for them to expedite the hearing on
the review of this procedure?

Randy Pearce – well there’s two things: first it would be the zoning board for the use
variance. But secondly, there’s also if the Mayor and Council’s interested, there’s the
opportunity to rezone the property which is another issue which the Mayor and Council
always has the ability and we’ve discussed this particular project on many occasions, it
may be after board where the Mayor and Council are selling Fines, that would be the best
way to proceed as opposed to, there’s no real procedure for telling a board whether
you’re in favor of it. The best way to do that is to say we want to change the zoning.

Councilman Hughes – would that put us in jeopardy of [inaudible] zoning?

Randy Pearce – based upon the blighted nature of the property and the buyers and efforts
we’ve made to deal with these specific properties, like this [inaudible] etc, the type of
legal [inaudible] that you would normally be subjected to for a spot zoning situation
although it’ still there, anyone could make that argument based upon the circumstances



                                                                                             13
surrounding the history of this property and the blighted nature, it would be very difficult
to make that argument.

Councilman Hughes – so it might be more expeditious if we were to just change the
zoning of it instead of letting it go through the process of the zoning board which we
seem as Mr. Cerrone pointed out having difficulty with at this time?

Randy Pearce – again, if the mayor and council are so inclined, I’d have to have a caveat,
it could always be argued that is about zoning under the circumstances of this property,
there’ll be a very difficult argument to make, not impossible but difficult.

Mayor Massa – who would make the argument?

Randy Pearce – some local townsperson.

Mayor Massa – could be a citizen’s action, that’s correct.

Councilman Hughes – maybe we can refer this to closed session and we could discuss
this further and see if that’s the course of action we want to take and we can probably
give you an answer by tomorrow on you know…

Councilman Johnson – but 45 days is awfully tight to make regardless.

Pat Robbie – well as long as we knew that we could do that, we can deal with the rest. I
mean we have to, me and Danny have the financing to do this and again Randy’s seen our
place. Anything we do, we do it the right way. Everything’s clean and anybody that ever
went in that space would have to be clean or to be out.

Mayor Massa – now just to be clear on this, this would be strictly a commercial
operation. There wouldn’t be any proposals to put condominiums on top?

Pat Robbie – well after what I just heard before [inaudible]…

Mayor Massa – there’ll be no residential whatsoever.

Pat Robbie - I don’t think so

Mayor Massa – so essentially with the somewhat similar to the proposal that was
originally was put in place by Mr. Bagoon originally went he wanted to put the storage
facility there and all of the approvals had been extended by the board…

Pat Robbie – if you ask the Storage Plus what he didn’t have is the retail space and that’s
the one thing I’d like.

Mayor Massa – but this will be somewhat different but you’ll maintain the footprint of
the building and the facility area and you’re going to do warehousing, no self storage, its
warehousing and then some [inaudible] business.

Pat Robbie – well, [inaudible] agendas, there’s been a couple main gyms that I talk to
already that said would be a perfect place. Its not like a I mean it’s not a retro but its like
a retro. You know one of those type gyms that are state wide and stuff like that and that’s
another thing I think would be great you know.

John Digesento – if you don’t mind, I actually would like to ask the attorney a quick
question. Because of the commercial and industrial uses, would the storage, warehousing
[inaudible] industrial usage? If you rezone this property there’s still likely be the need for
a use variance to be able to have both of those on the property but you can't zoning for
both.

Randy Pearce – you can have mix use depending on, it would depend on whether the
Mayor and Council were interested in giving the flexibility necessary to put it in the right
category to be able to do a mixed use type of a situation.


                                                                                            14
John Digesento – I was looking through the ordinance, I noticed that ware housing’s only
industrial, it’s not even a additional accessory use in [inaudible]…

Randy Pearce – again, we’d have to look at it to see what would be feasible. If there’s
even a desire to do so.

Councilman Bianchi – Mr. Mayor point of order. I can't speak for everybody on the
board, but I think what we’ve heard tonight I think just about everybody on the board
kind of likes what we hear but we can't condone everything that you wa nt. The only thing
I say is that Mr. Bagoon knows he’s been before us before with storage facility and can't
sell the property and I would say that would like the favorable over tone of the board; I
think Mr. Bagoon if he was here tonight would probably extend that 45 days. You know
why Mr. Bagoon said he’d only give you 45 days because he’s kind of negative because
he’s been knocked down so many times, punched around so much. But I think we like,
we like what we hear. I like what I hear, you know, but I ca n't give you permission to
[inaudible] because you have to go before the zoning board. But I would say that if you
went back to Mr. Bagoon and said I think that you know it looked favorable, you know
there was no negativity, I don’t think there’s any negativity on the board; I think he
would grant you more than 45 days. Because I don’t think he’s looking to lose his sale.
He’s been trying to sell that property for a long time.

John Digesento – well he had something else in mind and I don’t know what else it was.
It might have been knocking the building down and I don’t know…

Councilman Tanelli – I feel a little leery of doing it only because of the damnation that’s
on the property. The only [inaudible] with out having to do any real environmental clean
up that they’ll let it stay intact. That’s one of the reasons why [inaudible] Retro fit. It
never goes [inaudible].

John Digesento – now when you said there was Diamond Chemical’s was in there?

Councilman Tanelli – the septic of Diamond and it would definitely have to be cleaned
up and every proposal that we got over the last 4 or 5 years, leaving the building intact, it
was minimal cleanup. If the building comes down, you have no idea what the cleanups
going to be because there’s a big slab on there and once they start breaking it up, you’re
not going to know until you start taking dismantling the property what the cleanups going
to be. That’s from one of your drawbacks and why everybody’s been trying to retro fit…

John Digesento – how are they going to put all these homes in there if the grounds
contaminated?

Councilman Tanelli – that was all part of the proposal, to clean it up.

Councilman Hughes – and it’s really unknown the degree of contamination if any, that’s
the problem because it is a concrete slab, they don’t know if there is anything underneath
there because they never actually done…

John Digesento – that concrete slab is acting like a [inaudible]. I don’t think there’s any
contaminants on the ground itself on the, because they got a phase 1 approved so
anything exposed should be alright.

Councilman Hughes – I believe you’re correct.

Councilman Tanelli – [inaudible] putting blacktop where the blacktop is. You know,
anything that’s being disruptive, it was being replaced with just newer. Like the blacktop
wasn’t being removed and planting [inaudible].

John Digesento – I had seen the proof plans for the storage facility, they had actually a
very significant amount of increased green space.




                                                                                          15
Councilman Tanelli – oh, they were building a big barrier between themselves and the
housing on the right hand side and the front.

John Digesento – there are ways to cap contaminants [inaudible] with green space, just a
matter of how [inaudible].

Unknown – how come we always get stuff with these properties that have contaminants?

Councilman Kearney – point of order Mr. Mayor.

Mayor Massa – councilman.

Councilman Kearney – I’d like to ask the town attorney Mr. Pearce, I know that Mr.
Robbie and Mr. Duran are kind of looking for an answer with rega rd to a timetable. If we
were as the council to consider rezoning this particular property, would they still come in
within their 30 days, would they still…

Randy Pearce – impossible.

Councilman Kearney – it would still be impossible for them to come within their 30 days
even if we rezone this for them to…

Randy Pearce – yeah, even if the property were rezoned, it would still have to be a major
application submitted to deal with all of the other issues relating to ingress and egress,
parking, I mean all sorts of things that come with any site plan even assuming that they
building itself was to stay intact. You’re just retro fitting it? You’re still going to have all
the other issues that have to do with a site plan.

Councilman Kearney – this would be considered a major site plan or a minor site plan?

Randy Pearce – due to the nature of the property, it’s going to be a major.

Mayor Massa – so essentially what's happening here is the approvals that have been
previously given with the self storage facility regarding traffic and other impact studies,
council would not be controlling in this case.

Randy Pearce – I don’t know, I mean I wasn’t here for some of the other applications,
Mr. Tanelli’s referring to some of the other things that may have been bro ught up at other
times, I don’t know what’s going to come up and that’s the biggest problem with any
application. Things come up when our inspectors, our town officials due their due
diligence, they come up with requirements. Sometimes there are none, some times there
are many, it wouldn’t be possible for me to tell you what your going to run into. You’re
engineer knows that.

Pat Robbie – question, when you were saying you’d give us a quote tomorrow, was that
just saying that you’re agreeing to do the rezoning?

Randy Pearce – we can't agree, to just give you an indication that it might be something
that the Mayor and Council might consider.

Mayor Massa – it’s a viable issue at this point and I think the concept here if I’m correct
is that the members of this council, no one more than the members of this council want to
see something viable and productive and ratable generating happen down there and what
the attorney has so eloquently articulated and questions that they been opposed on issues
by the council persons are concerned about how is the best way to get there. To make
certain that all of the legal issues are properly addressed for the protection of the
governing body, the boards that have to grant the approvals and of course yourselves so
that I know that this is a cumbersome process but it is the process but we can only say
that if you make your presentation as the council president had mentioned, I would also
suggest we would move as expeditiously as legally possible to try to make a doable thing,
a doable project. Because we want to see, nobody’s been more frustrated than this council
with respect to the problems that we’ve been confronted with. We thought we were going


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to have a self storage facility there. The boards did a tremendous amount of work, a
tremendous amount of time and there’s been some criticism of boards tonight [inaudible]
irrespective of what how strongly, how strong that criticism should be or how fair or
unfair it might be, that’s not issue. The boards have spent a lot of times o n major projects
like this and we’ve solicited the input of the community and that’s a very a important part
are the community impacts. We all know what we went through with the hearings with
Spring Air from people in the neighborhood. And what we went through when we visited
people in the community and impressions that they have and the concerns they have
about any type of development whether it be new residential or whether it be commercial.
It’s generally been my feeling from talking to people of the community, they would much
prefer commercial then residential. And so I think that were on the right, were at the first
page here so my feeling would be to go forward and make the appropriate presentation.

Randy Pearce – if I may Mr. Mayor, one of the biggest issues [inaudible] is you have
roughly 16 or 18 properties directly adjacent to your [inaudible] directly impacted by this.
No matter where you go, whether it’s a public hearing before the Mayor and Council, the
planning, or zoning board, they’re going to have their own issues. Even though they’re
may have told us Mayor and Council for the last several years, they want to see
commercial versus residential, suddenly the environmental issues, the wetland studies,
and you just don’t know. And so it would be impossible for this board to possibly tell you
what those people will come up with and those are the people who have the most say in
what you’re going to do. So, Mr. Bagoon, I think based upon our discussions with him, I
think he needs to be a lot more open minded about the time frame; that’s just based upon
the discussions this board has had with him.

Councilman Kearney – point of order Mr. Mayor. I would just like to say to Mr. Robbie
and Mr. Duran and I speak for myself and I speak for the resident tax payers, I would like
to see this project come to fruition personally. I think that it would be a great benefit to
our town. There are the 18 approximate residential homes that are your area that will
have some type of a say so but my word means nothing as far as trying to tell you and
none of us as council or the mayor can say it’s going to be done; we’re not on the board.
We’re not voting. We’re not making the decision. If this project is going to carry through,
we can try to help with regard to zoning but anything that I am personally saying right
now is unenforceable and means nothing to you. So you’re basing, if the owner of the
property would like to maybe speak in the next open meeting and come before us, we
want to give you every opportunity to try to have your project come to fruition but and
I’m not advising you legally as an attorney as you pointed out I am an attorney but I think
that an extension would be warranted. You may have gotten it for a good deal, but
basically we can't guarantee what those approximate 18 residents are going to say, what
that board is going to consider and weigh, maybe not by quantity of people but by the
quality of the complaints that maybe made and the concerns made. But you know you’ve
asked would I support it personally. Personally I would but that personal support it
doesn’t go past me.

Pat Robbie – you’re not on the board.

John Digesento – what's their biggest complaint so far, the residents down there?

Mayor Massa – traffic and noise. And in some instances, some of …

John Digesento – don’t they have that already?

Mayor Massa – well they feel that the problem would be compounded with over and
above what they have now that they pretty much learned to live with.

Pat Robbie – we don’t want trucks idling down there.

Mayor Massa – and then the other concern is their privacy issues.

Councilman Hughes – especially early in the morning, late at night, they were 7 days a
week sometimes. You’re right, trucks were idling and left idling and you know.



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Councilman Kearney – wasn’t Spring Air having their trucks morning and night too.

Councilman Bianchi – that’s why Spring Air moved out.

Councilman Hughes – when Spring Air changed hands from the original owner, it
changed operations significantly and it created not a very good neighbor situation. So the
people in the neighborhood have a bad taste in their mouth from the latter or the last
owner of Spring Air Mattress because they weren’t good neighbors and they created a lot
of problems, some people are rather upset. But right now, they’ve been looking at a
vacant hulk of a building for the last 3 or 4 years now and I think they may be also a little
more amenable to welding being done…

Pat Robbie – did they have and again I don’t know all the politics in this but the zoning
board came and said this is what they want to do and they wanted to prove it, if the 18
people came up and said we don’t want it, would the zoning board change it or they could
do it if they feel it’s hurting the town?

Randy Pearce – the boards do not have to listen to anything that the people say or they
can make the decision totally upon what the people say. It’s anything said, just because
you have 100 people at a meeting objecting to something, does not mean it gets either
passed or if you didn’t, if they’re in favor or against. It’s a factor. It’s a factor for the
board to consider but it is not in anyway binding.

Pat Robbie – and the last thing I guess would ask is listening to you know you have the
zoning board that, I don’t if you said you promised the planning board or zoning board, I
don’t know what I just heard before but when’s the next zoning board meeting in January
and would that meeting be whoever’s going to be on that committee for that whole year
and when would that meeting be?

Mayor Massa – they would have to schedule a meeting.

Pat Robbie – would we be able to get on that next meeting in January?

Randy Pearce – depends.

Mayor Massa – you would have to contact the, I recommend you contact the attorney of
the zoning board.

Randy Pearce – Mr. Sarlo.

Pat Robbie – is that something I can do, I mean and if it went from the zoning board that
time, would they give us a nod, yes or no, on what they felt?

Randy Pearce – they have the same opportunity to have an informal application, come
before them, same type of [inaudible] and they can give you and they’ll tell you if they
fell there are problems, if you actually follow the formal application, I can tell you I have
a major problem with this, this, or this and you might say it’s not worth it, then again you
might get a favorable indication that’s still not in anyway binding. The actually
application would have to be reviewed and voted upon and they can change their minds.
So just realize, even if you got an indication from all members of the planning board or
zoning board, that they thought was a great idea, until the application is actually heard
and voted upon, it’s not binding, like to call an informal.

Pat Robbie – I guess that’s all I need for now. Good enough, thanks guys.

Council – thank you.

Mayor Massa – motion to close hearing.

MOTION TO CLOSE PUBLIC COMMENTS

INTRODUCED BY: Councilman Tanelli


                                                                                          18
SECONDED BY:          Councilman Hughes
ROLL CALL:            All council present vote in the affirmative

Mayor Massa – okay we have a lot of issues to comment on from members of the public.
Any of the councilmen want to comment on any of the hearing of citizens at this time?

Councilman Bianchi – I would Mr. Mayor. I just want to correct my girlfriend over here.
We didn’t add $500,000 to the school board budget. We took $500,000 away from them.
And then they still gave themselves raises but we took ½ million dollars off their budget.
We didn’t add any. Unless maybe that’s what you meant and you just came out wrong.

Resident – [inaudible].

Councilman Bianchi – no, we took a ½ million dollars off their budget and they were
screaming but it had to be done.

Mayor Massa – councilman, you beat me to the punch of that; I was going to comment on
that.

Councilman Bianchi – I’m fast tonight.

Mayor Massa – reassure the citizen that this council did take $500,000 from the board.
They did wind up laying off some teachers and but of course that was their responsibility
and of course to take that money from the board of education was a decision that council
made with respect to the fact that the defeated budget did come before us for review and
for our action. There are many communities that left their budgets in place and small
percentage of communities the budgets were increased by the council. And in this town,
we reduced it by $500,000. There are people that have argued well you could have
reduced it more. Well it would have been additional layoffs plus there would have been
some cuts in school programs that would have started to go into the bone into the meat of
the educational process. So, keeping in mind and the council president and I did discuss
this during negotiations the 24% of the board’s budget is administrative costs and these
are the costs that the governor’s office is looking at. I’ll get to the other comment you
made in a moment but I do want to get down the line so to speak based on the order that
the comments were made by members of the public. Now Mr. Cerrone had made some
issues, raised some issues regarding the conduct of the zoning board last night, he
brought some photographs, he did make some subjective comments, that are his opinion.
My self and the administrator are going to review that. I will review it with the zoning
board chairman and examine if there are any mistakes or errors or processes involved
here. It is cause for concern as that he was able to point out that one of the members was
on the telephone. I don’t know how adversely that may have affected a decision and not
adverse, I can't say. Sometimes the appearance of doing something that’s out of line
doesn’t necessary mean something is out of line but I will see that this is reviewed and
you’ll get an answer. And I will consider Mr. Cerrone for a position on the zoning board
being that he’s so inclined because it’s very difficult to get people to serve on these
boards as we all very well know. Gentleman came up with a parking issue. We did direct
the construction official to take a look at that ordinance and review it along with the
administrator so that we can give permits to what additional number of people reside in
that community. So I’m going to have the borough administrator meet with the
construction official on Monday morning and go over that issue because I brought that up
in conference about a month or so ago, you’re not the first person to voice that concern.
Every now and then I get emails from people in the neighborhood telling me that they
have a problem parking because they can't get permits because of where they live. We did
make some modifications, I know that some of the council members here work very
diligently in trying to come to a balance as to who should get permits, who shouldn’t get
permits. An now after a while, a lot of people are not parking there and people are getting
permits that may not necessarily need them. So we want to try to expand that but the
problems always going to be if we do expand it and everybody’s got a permit and there
are no parking spaces, we’re still going to have people come before us to complain about
parking and the problem we have is multiple cars in the neighborhood. Where people use
to have one car, now they have 3 and 4 and sometimes people don’t use their driveways
for whatever reasons. And in some instances, there were landlords that have properties in


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that location that won't allow tenants to use the driveway. So we can't get in the middle of
that. We can't tell a landlord he must allow tenants to use the driveway, so these are not
simple problems. But we’re going to work on trying to get you extend the permit
authority to Union Place and to Harding Avenue. Is it Union that you live on?

Resident – [inaudible].

Mayor Massa – okay, I think I know what he neighborhood is. Anyone else want to
comment on that issue?

Councilman Bianchi – yeah, I’d like to comment to Mr. Rodriguez. It’s all well and good
but where does Mr. Rodriguez go next week or the week after for help? I mean he’s here
tonight and he’ll leave with the statement that you just made. What does he do in two
weeks? Where does he go? He’ll go someplace and I don’t know and I don’t know.

Mayor Massa – we have to amend the ordinance. And I did discuss this with Mr. Kairys,
he was going to do some research regarding an ordinance that’s in place of another
community in Bergen County. That seems to working very well.

Councilman Bianchi – it thought that Steve and I were talking about that when we did
that Union Place. There were some corner houses that faced Harding…

Councilman Tanelli – we took care of the corner houses. The problem is that every
meeting, more people popped up with problems so that’s when we decided to take
different approach.

Councilman Bianchi – well his problem is unique because he’s on the pike and you can't
park on the pike.

Councilman Tanelli – same as the people on Ridge Road.

Councilman Bianchi – same as the people on Ridge Road. The thing is I don’t mind
residents parking on Union Place. I don’t mind that. it was people that were using it to go
to work and the doctors and nurses and everybody was parking on the street. A person
who lives even if they live around the corner from Union Place, I see no problem with
having them park if they live here. but it was the other people that were causing the
problems.

Mayor Massa – okay, so we’ll have to take a look at the number of residences that are on
Belleville Turnpike that might be impacted by this parking situation.

Councilman Bianchi – so but the thing is now, how does that help him, like what does he
do, does he come back in month, two months, three months?

Mayor Massa – well lets get a report from Mr. Kairys and the borough administrator as to
do a survey as to how many houses that would be impacted so we have an idea of how
many permits would have to be issued.

Councilman Bianchi – well if someone comes before us like .Mr. Rodriguez, I’d like to
see him get a permit tomorrow morning because in two or three weeks he’s gong to come
back, no one on this board is going to remember and he’s going to not know where to go,
you know what I’m saying to be realistic.

Councilman Hughes – we handled situations just like this last year where we made
amendments to the ordinance and we handled them.

Councilman Bianchi – we did?

Councilman Hughes – yes.

Councilman Tanelli – corner houses.



                                                                                         20
Councilman Hughes – corner houses on Ridge Road.

Councilman Bianchi – for corner houses yeah but that was when we were doing it.
Councilman Hughes – no we did the corner houses, then we came back again and did
Ridge Road. And allowed Ridge Road residents to park on Union Place.

Councilman Bianchi – alright just explain to the boy where he goes in next week or the
week after.

Councilman Hughes – no, you started all this.

Mayor Massa – we have to amend the ordinance first.

Councilman Bianchi – who’s he go see, Terence?

Mayor Massa – we get the proposal to amend the ordinance. Perhaps we can get
something in place by the 21 st .

Administrator Wall – we’re meeting scheduled on the 21 st , we can coordinate with Mr.
Kairys and Mr. Pearce’s office to draft appropriate amendments to your parking
ordinance.

Councilman Bianchi – the 21st of this month.

Administrator Wall – that’s correct.

Councilman Bianchi – so he would come back at that meeting to get…

Administrator Wall – if he so chose to.

Councilman Tanelli – well it’s an ordinance, two hearings.

Randy Pearce – it should be done till the 3rd.

Mayor Massa – there’d be an introduction. That’d be voted on after the first [inaudible].

Councilman Bianchi – okay.

Mayor Massa – now with respect to the tax issues that these nice people from William
Street, Sixth Street, I’m sorry, raised. I know there’s a whole battery of issues that you
come up with on this one. Some of the things that were going to be looking at this year.
Of merging departments with either counties or other municipalities. I had the
opportunity to be in Atlantic City at the League of Municipality conference, I had an
opportunity to speak directly to both mayor Dilascio of Lyndhurst and Mayor Hipp of
Rutherford. They both are in the same fiscal situation that we are in. In fact in some cases
they were a little worse off. They’ve had to lay people off. We haven’t gotten to that
point this last budget cycle. We have to start taking a look at Merging Departments with
other communities. We have to start taking a look at we do have to hold the line on
spending; now of course the governor’s office has done a great deal of publicity coming
out of Trenton with respect to the new 2% cap. There’s been a great deal of publicity
coming out of Trenton coming out of Trenton with regard to the 2% cap on arbitration
awards. These things hopefully will become law and once they become law, the
municipality has no choice and the arbitrator has no choice but to limit the awards. Okay.
We have done everything that we can do regarding with the work force we have now. We
will probably have to do more in this coming year to be in compliance with the mandates
out of Trenton with respect to the 2% cap. There will be some cost savings possibly with
merging departments. That’s going to be on the table. With this budget, for 2011 this will
definitely all these things will have to be reviewed. You made reference to some of the
salaries for public employees, well I know the newspaper stories have said that New
Jersey cops are the highest paid in the country but I don’t think that’s totally accurate.
The police in Nassau and Suffolk County are paid higher than New Jersey police I
believe, am I correct on that Chief? Well that’s really not the concern. Our concern is this


                                                                                         21
and you also brought this newspaper story here regarding consolidation of police
departments. This looks nice in a newspaper; can it really be done and really be
accomplished? Just the other day I got a telephone call from chief of police telling me
that a year old robbery, an armed robbery of our local banks, one of the local banks, had
been…

Chief Ghione – 2008.

Mayor Massa – 3 year old armed robbery when it was the Commerce Bank was solved by
one of our local detectives who’s due to retire shortly. Our detective bureau right now
works as a skeleton crew as extremely productive and I know that for a fact because I
know how detective bureaus operate. I know how police departments operate. In order to
consolidate police departments, you would need the vote of each municipality.
Municipalities of this size you very rarely see municipalities agreeing to consolidate law
enforcement services because people get very concerned about not having a cop there in
three minutes when they call. Furthermore, they tried, they’ve been doing this in Los
Angeles county law enforcement and it’s proven to be more expensive then local police.
In some cases, states that have had county agencies have gone back to local police in
order to get more efficient service, in order to have crime solved more effectively, to
have more effective patrols, and keep the crime rate down. This community has one of
the lowest crime rates in Bergen County and we are also with respect, irrespective of the
fact that we all pay taxes and everybody in this room does, [inaudible] that’s why you’re
here tonight, we’re still in the lower 21% of tax rates in Bergen County. So we are doing
everything to keep this community as cost effective as we can. I’ve said that a number of
times. I know a lot of people would say he’s just running for reelection, well whatever the
case may be whether it’s myself or any one else or any other member sitting here, we do
everything we can to contain costs and we’re going to have to do more. We’re going to
have to make some more sacrifices, we know that. With respect to law enforcement,
public safety is a primary part of this community. We are fortunate that we don’t have to
pay a paid fire department. There are examples every week when the fire department
responds to a fire with that equipment that they have and I said it jokingly on occasion
would you want to see that fire department coming down the street in a pickup truck and
a fire extinguisher, I want that $800,000 piece of equipment coming down the street with
my firemen all suited up. These things don’t come cheap. We did everything we could to
contain the cost for public safety even to the point where we were the first community in
Bergen County and possibly in Northern New Jersey to get a $350,000 federal grant
toward a piece of fire apparatus that we needed in this community so that we can protect
the people in this town. With respect to the police department, it’s a 24 hour business,
when we talk about public safety salaries, well just keep one thing in mind that even the
federal government with its freeze now on law enforcement salaries for federal agents
does still grant a 20% increase they call it a regional increase to personnel who live in the
New York New Jersey metropolitan area. It’s not so much that the salaries are higher
because they’re arbitrarily higher, the fact of the matter is and you and I know this all
well that the cost of living in this part of the country is the highest in the county and that
is why salaries are essentially competitive. I’m not going to be the apologist for public
safety salaries. I’ll be the first one to tell you that with this cycle I will be at the forefront
doing everything I can to freeze salaries. I will make enemies, people will be mad at me
for that reason but this is what we have to do as public employees; we’re trying to do
everything we can to do to bite the bullet. You talked about foreclosures. Sure, there are
more foreclosures now then there were before but it’s not a North Arlington problem. It’s
a regional problem. It’s a national problem because more and more people are out of
work, people can't pay mortgages, unfortunately I don’t want to get back to the banking
collapse that required a federal bailout, mortgages were given to people who really
couldn’t afford to have them, a lot of people who could afford to have them were doing it
on two or three salaries and incomes. There’s nowhere do we feel the pain more than here
at the local level because we deal with the 75 year old widows when we talked to people
in the community we know how difficult it is to pay the taxes. So we will do everything
we can to control our operating cost. A tax increase in this community have been in the
past lower than they’ve been in other communities and even though we still don’t have a
major tax base that’s outside of our residential taxes, keep in mind 85% of the revenue
that comes to run this community comes from you the taxpayer, residential communities.
Our police department is down to bare bones staffing and I have a responsibility to make


                                                                                               22
sure at least along with the chief of police and the council members that we have a
sufficient number of man power to protect you people. Many times things go on in this
community that don’t make the newspapers that should make the newspapers. We hear
about our officers taking guns off people, arresting violent individuals, arresting people
wanted on warrants for out of state criminal violations. There are officers sitting in this
room that I know personally have had to wrestle around on the ground taking guns off
suspects. This is not a nice thing to have to do. And sometimes you don’t expect these
things to have to happen in North Arlington but they do happen in North Arlington
unfortunately because of where we are located. We know we’ve had a number of armed
robberies that have been solved by our department, in one case a shot was fired at the
seven eleven on River Road about a year or so ago so we do what we can to contain
costs, we know what it’s like to have to pay these taxes also and we know what its like
for senior citizens, people living on a fixed income, so we will be and I can guarantee the
community this, we will be looking into every aspect of cost savings wherever we can
merge our services with other communities or county agencies, then that’s something
we’ll do. We will inspect our professionals when they apply for positions to work at a
lower rates than they’ve worked at before in order to save costs. So that’s our objective.
With respect to the school boards, that’s something the municipal government does not
have any control over and again there are people that will argue that school boards should
be consolidated. Police departments should be consolidated but when it comes down to
putting this on a ballot, you’d be surprised how many communities say no. They still
want local control and local autonomy over public safety and over education. So these are
the choices that have to be made by the community.

Councilman Bianchi – point of order. I’d like the chief to speak about what you were just
talking about, our crime rate.

Chief Ghione – I would like to thank you for setting some of the issues that you did bring
up. As the chief of police, I feel your pain. It’s my responsibility… I work for the 15,000
people that live in this community. Sometimes I anger the Mayor and Council when I say
that, the fact of the matter is I work for you. What I want to point out to you is although
the statistical [inaudible] paper goes those that were pretty high but they’re not
recognizing that most [inaudible] the fact of the matter is you take this breakdown
[inaudible] in comparison to other communities…

Mayor Massa – Chief, could I not to interrupt but would you be so kind as to speak in
front of the microphone so we…

Chief Ghione – would you mind if I also turn my back to you?

Mayor Massa – as long as we can pick you up.

Chief Ghione – it’s in fact de minimis in comparison to other communities. I’ll tell you
quite frankly I am cheap, as your police chief I’m cheap, in my office if some officer is
sitting behind you, they’ll vouch for that. But I will not be cheap at their safety or at your
safety. I apply for every grant that comes down the pipe…

Glenn Schurter – [inaudible]

Chief Ghione – that’s correct. Crime does happen. You’re absolutely right, crime does
happen. Excuse me?

Glenn Schurter – was the person caught?

Chief Ghione – no, that person has not been identified. There has been, there is no
forensic evidence and it’s an ongoing investigation and I will not speak in a public
session about an ongoing investigation but that person has not been caught. The fact of
the matter is that are detective bureau is very vigilant as well as the officers in this
community. Now I also understood that there was consideration from the council to do a n
analysis of the police department which would have cost money. I put the cart before the
horse. I had the state police in already who done an analysis of our police department; I
already contacted the FBI who’s coming in to do an analysis of our police department


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and we’re below what we should be in man power and I understand and respect your
position but we are below in our position and they do they job. The officers of this
community does the job and they do it well with a less than needed amount in accordance
with statistical data that we provided and we presented to so I think I feel your pain but
on the other side of the coin, I think you should understand that we are doing what we
need to do for you. It’s $2.25 for 24 hour period of your tax based money that goes to
policing. It’s less than your Comcast bill for your month. That’s what goes to policing.

Glenn Schurter – but its more than what I’m making here a simple [inaudible]
understatement I’m sorry.

Chief Ghione – I’m presenting facts to you, I can’t reflect in your position. I’m only
stating facts. So that’s all I can do. I’m telling you what the facts are. And the facts are
it’s $22.25 for the month of enforcement on the street, protection on the street, it’s less
than you’re capable. Thank you.

Mayor Massa – any other councilmen want to comment?

Councilman Johnson – yes Mayor if I may. What concerns me yesterday I was here for
the tree lighting ceremony and there was a zoning board meeting and I talked to a couple,
older couple, husband and wife. And they said that they wanted to put a glass enclosure
on their deck and they originally came up with the idea in April. They came before the
zoning board; actually they came before the zoning board that didn’t have the quorum. So
it took actually five months. So from April until last night, they didn’t have a quorum.
They didn’t have an audience to talk to. We’re a service here. These residents pay taxes I
think its pertinent upon this council to straighten out that zoning board sooner than later
because you saw tonight you had Danny Duran and Mr. Robbie here. Redevelopment is
starting to flow in this town and things are starting to happen and we have companies and
businesses coming in wanting to look at different properties and things like that; and if
we don’t have the proper individuals to assess the needs and the use variances and things
of that sort you know I can understand if they have a difference of opinion but when you
either don’t show up, you don’t have a quorum, I can see maybe one meeting but not five
meetings in a row. I don’t know if there’s a attendance policy for those meetings. If you
don’t show up for a certain number of meetings, then I think you should be thrown off
that, you should be thrown off that board. And we need to look at that because what I said
we are a service provider. We have to provide a service to the residence and we need to
look at that immediately. I know a lot of discussion. We have a lot of comprehension
discussion up here about things and then after the meeting a lot of things are forgot about,
a lot of things aren’t done. Once again we need to look at this and we need to address it
immediately.

Mayor Massa – any other comments? I did receive a memo from the chairman of the
planning board who advised me that he is after the 1 st of the year, he is planning to put in
place once the board is reorganized a comprehension policy regulating the conduct of the
board members and I will also direct the newly constituted zoning board to do the same
thing right after the reorganization. Once, we review some of these complaints and
problems that have come to the surface. Anything else? Mr. Clerk continue with the…
Administrator Wall – the next item is approval of minutes and Mayor and Council briefly
since we are making permanent records, Mr. Kairys was not here to defend himself from
the comments earlier with Mr. Norcia and I must say I strongly support his right to free
speech as strongly as I must share with you that the comments were both false and
defamatory against Mr. Kairys and other members of borough employees. Borough
employees work very hard on behalf of the tax payers, whether it be the department of
public works, the construction office, and others. And folks do have a strong right to free
speech. Words have consequences, however, so I want to make sure as were about to vote
on items that are part of the permanent record, that I make it as part of the permanent
record that those comments that the gentleman had made earlier were categorically false
and defamatory from my perspective. Next category is approval of minutes…

Mayor Massa – I just want to comment on your statement Mr. Wall. We did direct based
on Mr. Norcia’s presence before a certain council meetings in the past, we have directed
the municipal council to review all of his allegations and that’s being reviewed right now.


                                                                                          24
Administrator Wall – thank you Mayor. Approval of minutes.

APPROVAL OF MINUTES

Special Meeting September 30, 2010
Regular Meeting October 14, 2010
Special Meeting October 21, 2010
Special Meeting November 15, 2010

INTRODUCED BY: Councilman Hughes
SECONDED BY:         Councilman Tanelli
ROLL CALL            All council present vote in the affirmative
*Councilman Kearney abstains from November 15 th meeting due to absence
*Councilman Tanelli abstains from October 21 st meeting due to absence

Administrator Wall – thank you. Next Mayor and Council resolutions on consent.

RESOLUTIONS ON CONSENT

R-301-10 RESO RE: AUTHORIZATION TO PAY CLAIMS

R-302-10 RESO RE: APPROVAL OF PURCHASES OVER $3,000

R-303-10 RESO RE: COMMUNITY FORESTRY MANAGEMENT PLAN

R-304 -10 RESO RE: TRANSFER OF APPROPRIATIONS

R-305-10 RESO RE: CHANGE ORDER FOR REPLACEMENT OF ROOF AT
SCHUYLER FIRE HOUSE #2

R-306-10 RESO RE: AGREEMENT TO RENEW MEMBERSHIP IN THE SOUTH
BERGEN MUNICIPAL JOINT INSURANCE FUND

R-307-10 RESO RE: PROFESSIONAL SERVICE FOR EMPLOYEE ASSISTANCE
PROGRAM

R-308-10 RESO RE: RAFFLE APPLICATION FOR QUEEN OF PEACE HIGH
SCHOOL

R-309-10 RESO RE: AGREEMENT BETWEEN THE BORUGH OF NORTH
ARLINGTON AND CATHOLIC CEMETERIES, ARCHDIOCESE OF NEWARK

R-310-10 RESO RE: REFUND OF TAX MONEY

R-311-10 RESOLUTION TO AWARD PROFESSIONAL SERVICE CONTRACT FOR
EMS/AMBULANCE BILLING SERVICES

R-312-10 RESOLUTION TO AWARD PROFESSIONAL SERVICE CONTRACT FOR
ELEVATOR SUB-CODE INSPECTION

R-313-10 RESO RE: COST SHARING AGREEMENT RT. 7 & SCHUYLER AVE
BETWEEN THE BOROUGH OF NORTH ARLINGTON AND THE TOWN OF
KEARNY

R-314-10 RESOLUTION AUTHORIZING THE SALE OF $160,000 SPECIAL
EMERGENCY NOTES OF THE BOROUGH OF NORTH ARLINGTON,IN THE
COUNTY OF BERGEN, NEW JERSEY AND PROVIDING FOR OTHER MATTERS
IN CONNECTION THEREWITH.

R-315-10 RESOLUTION RE: SPECIAL EMERGENCY – TERMINAL PAY


                                                                                 25
R-316-10 RESO RE: SOLAR FEASIBILITY STUDY

Mayor Massa – motion introduced?

Councilman Hughes – I’ll introduce it.

Councilman Johnson – Mayor, I would like to have resolution 316-10 pulled.

Mayor Massa – councilman requests R-316-10 solar feasibility study. Okay 316-10
pulled for discussion.

Administrator Wall – the introduction Mayor was…

Mayor Massa – introduction by Councilman Hughes seconded by Councilman Tanelli.
Discussion? Call the roll.

Administrator Wall – excepting 316, this is to pass the others.

INTRODUCED BY: Councilman Hughes
SECONDED BY:             Councilman Tanelli
ROLL CALL:               All council present vote in the affirmative
*Councilman Hughes abstains from any fire department purchases
*Councilman Tanelli votes no on P.O. #257367 for $18,660, P.O #257368 for $2,500,
P.O. #257369 for $2,977, P.O. #257370 for $10,135 to Lerch, Vinci, and Higgins totaling
$34,272 for work believed to be out of their scope and suggests that it should be looked
into how it was done because he doesn’t think they were given authority to do the
description the bill list indicated.
*Councilman Yampaglia votes no on the amounts previously stated by Councilman
Tanelli

Administrator Wall – thank you very much. Going back now resolution 316-10.

RESOLUTIONS OFF CONSENT

R-316-10 RESO RE: SOLAR FEASIBILITY STUDY

INTRODUCED BY: Councilman Hughes
SECONDED BY:   Councilman Bianchi

Mayor Massa – discussion? Councilman?

Councilman Johnson – yes Mayor, I believe the feasibility study we’re going to pay
$4500 to a consulting firm to study the feasibility of solar and Schuyler Firehouse
responsible to 15,000 residents. I think at this time in tough economic times, I’m all for
solar but I think $4500 is an awful lot of money to study one building in the town. So I
would recommend that we pursue other alternatives perhaps maybe PSE&G to give us
some guidance on how we can get this done cheaper and that’s my idea.

Councilman Kearney – maybe we could have the town administrator research any type of
government approved solar energy programs to do the study maybe in its place and
maybe exhaust our resources before expending any money for the program, maybe I
don’t know if there’s any way to postpone the vote on this particular this resolution til we
can exhaust those circumstances. I don’t know if they have been researched at this point
and time.

Councilman Hughes – Mr. Mayor, the company that we would be awarding this contract
to, we had meetings with them and we had come up with a discussion as to doing all of
the borough buildings including the board of ed buildings. We decided to do one building
as a trial test to see how it works out and we chose Schuyler Firehouse because it was in
need of a new roof at the time. He presented to us that there are many variables as far as
solar; different types of solar panels that are used, different types of arrangements,


                                                                                             26
different types of sale contracts, different types of buy back programs tha t are out there.
There’s programs where you sell the power back to the power company. There’s
programs where you utilize the power to run your own building and there’s just a myriad
of different things out there. Nobody here on this board is an expert in solar including Mr.
Wall who probably doesn’t have the time to become an expert on solar energy. So, we
checked out the references of this TMR. They’re out of Rutherford. They are leaders in
this field. They will come in, they will evaluate the facility. They will look into doing a
program with as many grants as possible that would bring in solar energy to one of our
the first buildings in town and try to incorporate the cost of replacement of the roof in the
same package which they said we should be able to recoup the cost of the roof and the
upgrade to the solar in a period of 7 to 8 years instead of the normal 15 years that we’ve
bond some of these corporate upgrades. So we decided to do one building as a test to
evaluate the feasibility of doing this before we go forward with doing all of the borough
buildings as a shared service between the board of ed and the municipality to look at
doing every building in town or as many buildings in town as we can. It’s probably not
the best building to do solar because what they tell us is flat roofs are much better but
because it’s not a high energy use building, it probably should be able to produce enough
energy to operate that building and in a very short period of time we would recoup all of
the cost including the cost of hiring this company as a consultant. So it is my
recommendation that we hire them, let them guide us because they are experts in the
field, let them tell us what is the best course of action to go, what’s the best grants to
apply for, what are the best programs to look into and incorporate getting the roof done as
part of the overall cost of the package so that everything is done at one time. I know
there’s been a push to put the roof on first but in our discussion with this gentleman, he
said you would end up ripping off 50% of the shingles to put in the tracks for the new
solar so whats the sense of putting up a roof and then having to rip half of it off instead of
doing it at one time with one vendor, one contractor, and one warranty so that if t here’s a
leak in the roof later on, you don’t have the solar company blaming the roofing company
or the roofing company blaming the solar companies. So that is the reason that this is on
the agenda tonight.

Councilman Johnson – can I respond to that Mayor?

Mayor Massa – Councilman Johnson.

Councilman Johnson – Councilman Hughes commented that Elemeida Energy is a leader
in the field. Elemeida Energy is a start up company. In the April 2010 issue of
Meadowlands magazine, the owner of Alameida Energy admitted that he’s a start up
company. It’s a new company so as much as he’s a leader in the field, I’m not quite sure
how much of a leader he is. I’m not sure how many solar jobs he’s done. I don’t know
how many consultation studies he’s done. I would like to have the gentleman here, I met
with them briefly in a meeting, I didn’t know too much about solar, he threw a lot of stuff
at us, but I would like to have before I spend $4500 to have this gentleman study the
feasibility of solar on the building, I would like to question the man and I would also like
to maybe have a different vendor provide ideas. I’m not quite sure that maybe he’s
qualified, maybe he’s not, I’m not really sure. All I know is that he’s a start up company.
What I do know is that we have a problem down at the Schuyler Fire house. We just put
in $30,000 worth of heating and furnace and air conditioning units. The reason why those
units were, why they failed and why they had to be removed is because there was a leak
in the roof. So now we have brand new furnace down there, beautiful equipment and
we’re going to subject it to a leaky roof. No disrespect to Councilman Hughes but to me
that’s an urgency. That’s something that needs to be taken care of right away.
Councilman Hughes said that I think he’s relying Councilman is relying on the meeting
that we had with Mr. Rybak. Mr. Rybak said don’t put the new roof on, I’ll put the new
roof on and I’ll do the solar at the same time which is fine. There’s also no guarantee that
Mr. Rybak is going to win the bid for the solar so that presents another problem. If we do
find the funds for the solar and we go forward with it, I see that solar going on no earlier
probably late summer. So if I go back to my original point I think we should put that roof
on the firehouse, have that building shored up, we called other solar companies and they
said there’s absolutely no problem putting solar on a new roof. In fact, our borough
administrator when he was the administrator in Keansburg, they built a new building a
new municipal building and two years later they put solar on it with no problem. I would


                                                                                           27
like to have more information about Mr. Rybak, how much of a leader in the field he is. I
would like to see his proposal, I didn’t have a chance to see his proposal before I vote and
spend $4500 I would like to see that information.

Mayor Massa – any other comments? Call the roll. Any other discussion?

ROLL CALL:             AYES: Councilman Bianchi, Councilman Hughes, Councilman
                       Tanelli, Mayor Massa
                       NAYS: Councilman Johnson, Councilman Kearney, Councilman
                       Yampaglia

Mayor Massa – I’m going to go along with this in light up of the presentation that council
president made, I’m taking into consideration the comments of Councilman Johnson.
Both of the opinions of both of these councilman have their merit but the concern that I
do have is the fact that were able to have a company here that will do everything they can
to get grants for us and I think again when we talk about somebody willing to do that,
that’s important to us again it’s a cost saving entity. Solar energy for this community,
we’re at the cutting edge of that now. I’m going to put my faith and confidence in this
project along with the council president because of our need to go forward and also if this
works, council president and I will probably congratulated for it, if it doesn’t work then
we’ll take the heat for it. But I do want to put on the record that I respect the opinions of
both the councilmen who quite eloquently made their case for their positions and I think
this is something that we should take a look at doing and we will have the borough
administrator monitor this work carefully. It’s going to be a caveat that this work be
carefully monitored to ensure that we get our money’s worth for this expenditure.

Councilman Bianchi – point of order. The thing here is the time frame. This cannot dilly
dally. This has got to get done right away because of the new equipment that’s in there.
So I don’t know do you have a time frame on this?

Mayor Massa – no.

Councilman Johnson – so what do we do in the meantime when we have a leaky roof
that’s about to leak on $30,000 worth of a new furnace and that was the reason why the
original furnace failed?

Mayor Massa – well let’s get a report from the company regarding that issue and if we
have to revisit this at the next council meeting on the 21 st then we could.

Councilman Johnson – I think that’s pertinent just because the weather’s starting to go
below 30 degrees. I think our engineers can tell us that below 30 degrees is definitely not
good to put a roof on.

Unidentified speaker – on asphalt, correct.

Councilman Johnson – right.

Councilman Hughes – why don’t we look into having the area where it’s leaking around
the chimney to the furnace patched as a temporary fix for now and then let this process
go forward?

Mayor Massa – well again that’s not something that’s going to be overly expensive for
us. The next job should be within the scope of the authorization for the borough
administrator.

Councilman Hughes – I think so. It shouldn’t [inaudible]…

Mayor Massa – …okay, get some prices, get it taken care of.

Councilman Hughes – …should be able to handle under buildings and grounds…




                                                                                          28
Mayor Massa - …so that we can continue to go forward and I think that may [inaudible]
the concerns of Councilman Johnson but I do want to have the administrator meet with
the contractor in question and address these concerns.

Councilman Hughes – just so you know, half of the firehouse was shingled and some of
the many of the leaks were already addressed in the front part of the firehouse which is an
area that does not lend itself to solar so that part of the building was actually has been
done already.

Mayor Massa – okay.

Administrator Wall – so just in summary let me know if my understanding is not correct.
I’m going to advise this vendor this evening to expedite their work. I’ll try to have a
report back by December 21st or if possible at your next meeting. It may take longer than
that for the report and parallel with that I’ve been directed to within a reasonable cost
structure to patch the area to have it patched the area that is creating the leak accordingly.
Would that be correct?

Councilman Hughes – correct.

Councilman Bianchi – can I ask a question? Are they going to do a cost savings like what
we’re spending on electricity there now compared to what…

Councilman Hughes – they evaluate all of the electrical bills for the last two years for that
building and then come up with a program that would best be suited for that building.

Councilman Bianchi – so the only thing really a concern is to expedite and get the roof
get the solar on as quick as possible, get the roof done. And that would solve the problem
with the whole board.

Administrator Wall – I’ll advise him this evening that it’s been moved forward, to move
it forward. Thank you very much Mayor and Council, next Mayor with your permission,
ordinances.

ORDINANCES

SECOND READING AND ADOPTION OF ORDINANCES:

ORDINANCE NO. 2063

AN ORDINANCE TO ADOPT AN AMENDED REDEVELOPMENT PLAN FOR
THE PORETE AVENUE REDEVELOPMENT AREA

MOTION TO OPEN PUBLIC HEARING ON ORDINANCE NO. 2063 TO THE
PUBLIC

INTRODUCED BY: Councilman Tanelli
SECONDED BY:   Councilman Hughes
ROLL CALL:     All council present vote in the affirmative

Mayor Massa – anyone wish to be heard on Ordinance 2063, ordinance to adopt the
amended redevelopment plan for the Porete Avenue redevelopment area, please come
forward, state your name and address for the record and please confine your comments to
ordinance 2063. I’m kind of surprised that we don’t have anybody who wants to be heard
on this. I guess it’s because there’s been so much work has been done with respect to the
council. I see Mr. Cerrone wants to be heard on 2063; I’m glad to see somebody wants to
be heard on a rather important ordinance which is going to have a profound impact on the
future of our community. Mr. Cerrone.

Joe Cerrone- well Mr. Mayor I’m not completely sure what you’re talking about but last
night at the zoning meeting the town attorney turned away two companies on Porete
Avenue because he claimed he did not have jurisdiction because the mayor and council


                                                                                            29
were going to pass something in the future that would allow them to have jurisdiction.
The thing that boggled me the most about it was they seemed to have thought they had
that jurisdiction when they made the decisions for Clayton Block. Now is this ordinance
have anything to do with any of that?

Mayor Massa – well I cant comment on past actions by the board and what jurisdictions
were in place at the previous time or what weren’t in place the previous time but the
hearing on this issue now is on this ordinance so please confine your comments…

Joe Cerrone – can you outline the ordinance so I can understand better what you’re…

Randy Pearce – I’m actually glad you brought that up because I kind of missed what we
were doing, I was kind of asleep I think. I apologize Mr. Mayor, I wanted to make a
statement, not actually asleep Mr. Tanelli I was thinking about something else
[inaudible].

Joe Cerrone – your name isn’t Joe Mariniello is it?

Randy Pearce – Mr. Cerrone if I may. The proposed redevelopments ordinance already
speaks to the comments given to us by the planning board however for all purposes legal
I want to make a statement about this before we move forward if I may Mr. Mayor. The
ordinance already states that comments were received from the planning board; another
15 pages worth of comments were received from the planning board and pursuant to the
statute of the Mayor and Council should give an addition to the two paragraphs that are
already in the ordinance and further explanation of the reasons why the planning board
comments were not adopted in our current redevelopment plan. And just for the record
we received these comments from the planning board in early October having been the
planning board attorney for 20 year having served on the planning board, I was asked to
review those comments from the planning board and although it was 15 pages long it was
clear that the thrust of what the planning board was suggesting we do to amend what
Heyer and Gruel had put together was not well founded in terms of the facts. I can go
through a lot of pages but I put down some notes here this evening and I want to go
through them quickly. The comments from the planning board indicated for example that
there should be some provision with regard to infrastructure improvements and
unfortunately the planning board did not appreciate the concept of the redevelopment
plan which will require any redevelopment within the redevelopment area to for that
applicant to enter into a redevelopment a redeveloper’s agreement. And we had testimony
from our professional planner that pursuant to the law in New Jersey under
redevelopment, the applicant or the redeveloper is not only required to on sight
improvements but is also required to do off sight improvements, infrastructure
improvements. So one of the concerns that the planning board had with our current
redevelopment plan was that there wasn’t a specific provision for infrastructure
improvements; that is not accurate. The governing body offered the planning board the
opportunity to have our planner go to their meeting and discuss their concerns. The
planning board declined that invitation from the governing body, it was going to be for
free in light of our economic concerns. They did not want to do that instead they did their
own report. They made various comments in their report that the proposed redevelopment
plan they were talking about Mr. Cerrone were inconsistence with our master plan. And
the general rule is you like to do a master plan first before you do your redevelopment
plan, however it’s not required to be that way as long as these types of reasons are
discussed. One of the concerns that the planning board had had to do with access to this
particular redevelopment area on Porete Avenue. Unfortunately, the concept in our
current master plan was based upon an Encap type development which is no longer viable
and it had serious concerns and limitations based upon wetland issues, lack of access
through the New Jersey Meadowlands Commission area, and a one sided approach which
was to put a new interchange on Route 7 down by the railroad trestle. This redevelopment
plan was put together with an understanding of current conditions and the current
conditions are that we now have a specific agreement with the Meadowlands
Commission to be able to use their access to access this property. It is the most efficient,
it is the most effective way to gain access to this p roperty. Funding which was available
when the master plan was done is no longer available so it has to be done internally. The
redevelopment plan that’s currently being approved this evening assuming it’s voted on


                                                                                         30
favorably provides the ability to develop this land now; under the old under our master
plan it would require massive amounts of wetland applications and infrastructure
improvements down on Route 7 where now we can use the existing access routes to get
this development going, get the ratables going in the town. There was another comment
from the planning board was that there wasn’t an opportunity for Open Space and
recreation. It wasn’t specifically described but it’s permitted in most of the
redevelopment area. So the current redevelopment plan looks at the current circumstances
and the need to redevelop this area now and one of their biggest objections was the fact
that they didn’t the Mayor and Council did not take into consideration retail based upon
many months of discussions with our planner, the concept of having retail in that area
without the access that would be necessary and the major road, this is not Route 17, this
is not Route 3 and so the decision not to include retail in the redevelopment area was
specifically made that that would not be the best way to proceed and in fact it was left out
of the plan on purpose although the planning board suggested that in their opinion they
thought it should be included. That had already been reviewed for many many months
over several meetings several revisions to the plan so the bottom line is that the plan that
is currently being voted upon tonight is the result of massive review and just like I was
telling the gentleman who here earlier from All Season, just because the planning board
had comments for the Mayor and Council does not mean that the Mayor and Council has
to accept one of them, all of them, or any of them. Fact is the plan as approved assuming
its approved tonight deals with the current situation and will allow for development down
there under the [inaudible] of redevelopment authority and we’ll get that project moving
as opposed to having something that is unattainable under the old concept of Encap and
that whole project. So that is the, those are the reasons which need to be put into place as
to why we did not go with some of the comments made by the planning board.

Joe Cerrone – okay, so let me understand this, the new redevelopment plant will access
that redevelopment property including Porete Avenue without using the Belleville
Turnpike at all. It will be using Disposal Road in Lyndhurst as an entrance and for
egressing where’s the…

Councilman Hughes – actually the egress would be the entrance to the baler on the
Belleville Turnpike.

Joe Cerrone – and then it’ll have to cross the tracks once you get inside.

Councilman Hughes – previously had never been allowed by the Meadowlands
Commission but now they are willing to open up and allow…

Mayor Massa – allow that usage there…

Councilman Hughes – on that roadway to expedite the development of the [inaudible]
property because the hill leading down to Porete Avenue is really not …

Joe Cerrone – our property, it’s an easement.

Councilman Hughes – it’s an easement and it’s also not a well developed roadway for
access to that property and this is going to access interconnections with Porete Avenue
which would expand or enable an expansion of use on Porete Avenue. In going back to
your original question about why the zoning board could not hear applications for to
Porete Avenue properties is because of the fact that because it’s in a redevelopment zone,
the redevelopment board has the primary jurisdiction over those hearings and as of since
the redevelopment board was abolished several years ago the duties of that board has
been picked up or fallen to Mayor and Council so a hearing will have to be scheduled in
the near future for the Mayor and Council to actually hear the application that have been
presented to the zoning board and then turned away because they had to be heard by the
redevelopment board.

Joe Cerrone – one point was, would they put a traffic light on the Belleville Turnpike at
that entrance?




                                                                                         31
Councilman Hughes – that is one thing that would be considered but it would be up to the
developer to come up with a viable entrance way that would work in conjunction with
DOT, in conjunction with the local communities, and something that they would develop.

Joe Cerrone – one more thing before we get any further, okay now they claim that they
understood they didn’t have the jurisdiction last night for those two properties but what
gives them the reason to think they had jurisdiction when they fast tracked the Clayton
Block situation.

Councilman Hughes – therein lies the problem.

Councilman Bianchi – yeah, okay that’s what I was going to ask. How can the attorney
give permission to Clayton Block a year ago to do what they had to do and state that he
had the authority to grant that and then last night he stated that he didn’t have the
authority with a building that was only a couple hundred feet away.

Joe Cerrone – absolutely.

Councilman Bianchi – that’s where the problem lies.

Mayor Massa – that’s a legal issue that’s under review.

Councilman Hughes – it’s under investigation and review right now. But…

Joe Cerrone – I like whats going on, I like the idea of getting another way in and out of
that area. And I like the way, I like the idea of being able to get some of that property
developed as quickly as possible in light industry of course. Retail to be very honest with
you I’m not sure is a really good idea down there because we have so many empty retail
spots around town. And adding retail down there certainly wouldn’t help Mr. Robbie or
Mr. Duran develop that eyesore on Schuyler Avenue. So okay, I understand what you’re
doing and I think it’s a good idea. Thank you very much.

Mayor Massa – anyone else wishing to be heard regarding ordinance 2063?

Councilman Hughes – Mayor, I’d like to make a motion that we introduce or close
hearing of citizens and adopt our redevelopment plan.

MOTION TO CLOSE HEARING AND ADOPT

INTRODUCED BY: Councilman Hughes
SECONDED BY:   Councilman Tanelli
ROLL CALL:     All council present vote in the affirmative

Administrator Wall – next ordinance is ordinance number 2064.

ORDINANCE NO. 2064

AN ORDINANCE TO AMEND CHAPTER 277 OF THE CODE OF THE
BOROUGH OF NORTH ARLINGTON ENTITLED “RAFFLES”

INTRODUCED BY: Councilman Hughes
SECONDED BY:   Councilman Yampaglia

Mayor Massa – discussion?

Councilman Hughes – Mr. Mayor just as an explanation of what this is, in the past under
the New Jersey raffle laws, any raffle application that is done by nonprofit organization
within the community would have to come before this board for review and approval. It
would generate a tremendous amount of paper work and a lso would generate a
tremendous amount of personal, confidential information that would be handed out to this
board. There has been recent changes in the state law to expedite the process and it would
allow the borough clerk to review in conjunction with the state gaming commission any


                                                                                        32
application for raffling and to expedite the process would not have the need he would be
he would have the ability, the clerk would have the ability to approve or disapprove any
application without it waiting for a council meeting to happen for approval. So it’s
something to expedite the process make it more efficient and save a ton of paperwork.

Mayor Massa – thank you councilman. This is I’m in total agreement with the council
president on this issue. We’ve had people from churches come and make the applications
and the process was always very cumberson and time consuming and in some incidences
it even interfered with their plans to do a fundraiser as so now we have streamlined the
process which is in compliance with new state statutes. Thank you for your comments.
Call the roll.

ROLL CALL:            All council present vote in the affirmative

Administrator Wall – thank you, next ordinance is ordinance number 2065.

ORDINANCE NO. 2065

AN ORDINANCE TO AMEND CHAPTER 19 OF THE CODE OF THE
BOROUGH OF NORTH ARLINGTON ENTITLED “DEFENSE AND
INDEMNIFICATION”

INTRODUCED BY: Councilman Hughes
SECONDED BY:   Councilman Kearney
ROLL CALL:     All council present vote in the affirmative

Administrator Wall – thank you, next ordinance is ordinance number 2066.

ORDINANCE NO. 2066

AN ORDINANCE AUTHORIZING AN EMERGENCY APPROPRIATION
N.J.S.40A:4-53 FUNDING OF TERMINAL PAY FOR RETIRED EMPLOYEES

INTRODUCED BY: Councilman Hughes
SECONDED BY:   Councilman Kearney
ROLL CALL:     All council present vote in the affirmative

Administrator Wall – thank you.

Mayor Massa – Administrator’s report.

Councilman Tanelli – point of order your honor before we continue with the reports. I
had requested that two resolutions be put on the agenda. Are they being reserved for
executive session or I’m going to make a motion now as far as the two police promotions
to fill the vacancies…

Councilman Hughes – if you recall that our discussion in executive session last month
was the mayor was supposed to have a meeting with the police chief to discuss the
manning needs of the department and report back to us at executive session this month so
I would like to have executive session discussed for various aspects of his report before
any actions are taken on the addendum.

Mayor Massa – as that point of order councilman, I’m prepared to give that report to the
council in executive session and am also prepared to submit the appropriate resolutions
upon completion of discussion.

Councilman Tanelli – thank you.

Mayor Massa – administrator’s report.

ADMINISTRATORS REPORT



                                                                                       33
Administrator Wall – briefly Mayor and Council, just to advise you the auction that you
authorized for surplus of vehicles was very successful. Your $26,000 was returned.
Congratulations to the DPW, Bill Noe, Jim McCabe, the folks who helped make sure that
this happened. And I’m going to keep because I have a cold this evening, I’ll keep my
report just to that point. So what we’re endeavoring to do is to extract as much revenue as
we can to help continue to stabilize your budget for the taxpayers of North Arlington.
Thank you and with that with the engineer’s report.

Mayor Massa – engineer’s report. Mr. Neglia.

ENGINEERS REPORT

Mr. Neglia – good evening everyone, going to be pretty brief. Since the cold weather
basically has shut down most of the construction projects in Bergen County. First project
is Sunset Avenue, all the paperwork went in for your DOT reimbursement. So hopefully
shortly you’ll be receiving your funds for that. Ridge Road streetscape again has been
shut down due to weather, I’m going to repeat myself here on several of the projects. We
don’t really know when that’s going to start back up as the weather continues we’ll keep
in contact with contractor and make sure the Mayor and Council’s kept [inaudible] of the
progress. You’re DOT municipal road program with D&L Paving also is scheduled to
start in January which you’ll see is some of the smaller contractors may do some
incidental work over the winter but obviously no paving or not a lot of concrete work will
happen due to the weather and due to timing. And a lot of the largest contractors are
taking advantage of the weather in laying off their crews earlier and starting a little later
than the years in pass so you should prepare for that as you move forward that due to the
economy a lot of contractors use to work through the winter months at a slower pace to
try and get a jumpstart on their schedules the following year since their schedules the
following year are not very full. They’re taking advantage of that and usually laying off
their people for the winter months so the activity that you normally see over the winter
months, you’ll see a little bit of a slowdown I think between 2010 and 2011 this year so
you should prepare for that. Again the paving of River Road is also delayed to the spring
due to weather. Your grant applications have went in to the Bergen County Community
Development and they’ll be under consideration and last item in a report is the Holy
Cross Cemetery. And I’m going to contact them and I know I sound like a broken record
but that would also be starting in the spring of 2011. And with that I’d like to just wish
everybody a healthy and happy holiday season.

Mayor Massa – any questions on the engineer’s report?

Councilman Bianchi – I’d like to ask him a question. While I was talking to Mr. Hughes
before and he says that probably the job won’t be finished until the spring…

Mr. Neglia – for which job?

Councilman Bianchi – the streetscape on Ridge Road. And [inaudible] to put the banner
across Ridge Road, is there any way that can be done before they start the job in the
spring? Probably at least March or April. Is there any way that can be put to the
forefront?

Mr. Neglia – we’ll ask the contractor. [inaudible] anything else on that.

Unidentified speaker – it’s the poles themselves are going to be purchased from the
vendor directly.

Mr. Neglia – right, [inaudible].

Unidentified speaker – 6 to 8 weeks and the contractor can’t install footage for those
poles unless the weather is stable.

Councilman Bianchi – okay, I understand.

Mr. Neglia – what are you trying to get them up for the holiday season?


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Councilman Bianchi – you know, the people down at the school with blue ribbon, you
know they want the banner up and they’re really giving us a lot of heat you know and we
can’t hang them on the poles no more and they’re really up in arms what kind of a town
is this and you know you’ve done it before that’s what we’re hearing and I’m starting to
feel bad but you know what can we do?

Mr. Neglia – well it’s not going to get done in the next 6 or 8 weeks because we’re not
going to have the poles but what we’ll do is we’ll ask the contractor, see if he can’t you
know put that as a top priority and do for the footings for it, get ready for it, and as soon
as the poles get delivered , erect the poles. So we’ll work with the contractor.

Councilman Bianchi – Rich told me it wouldn’t probably be until maybe March or April
but I just throw the question out you to maybe…

Mr. Neglia – and March and April’s normally when construction starts going back in a
full swing anyway so good timing will work out.

Randy Pearce – one question, Mr. Neglia, we have several issues in closed session with
regard to the Meadowlands area and tax lot, the tax map and all the issues we’ve been
discussing over the last several months, can you give us some idea of where we stand in
terms of re- identifying and properly calculating and mapping out all of the tax lot maps
and whatnot in the Porete Avenue area?

Mr. Neglia – yeah, as reported in the past, I won’t repeat myself because I know it was at
your last meeting also, there was a lot of inconsistencies between the tax book and the tax
maps. We went through extensive deed research, [inaudible] NJMC has resolved any
question marks around the tax map issue and everything is a hundred percent complete by
us. We submitted all of the documentation to mayor and council here as well as the
NJMC. As part of that I think the question came up of revising the tax maps. It was all
included in the money that we bill towards the NJMC because in order to produce the
exhibits that they needed to show the work that was done and the correction and the tax
maps there was really very little time and effort by my office to correct the tax maps and
we did it, did it at no additional charge to the borough.

Randy Pearce – but as far as your office is concerned, everything is done?

Mr. Neglia – correct. And we will issue and the only thing that was waved from last
meeting is we wanted to meet your tax assessor. We have. We’re both in complete
agreement with everything that’s going on there and changes that were made and now it’s
really just correct the sheets and making sure that the borough has the current tax maps
on file.

Randy Pearce – thank you.

Administrator Wall – Mayor and Council I did have one brief item I wanted to ask you
for some direction on. Current and prior governing bodies have from time to time
discussed signage coming in and out of the borough of North Arlington and
approximately 6 months ago school board member Mr. Blanco we had a meeting
discussing the concept of the schools; the children enga ging in a design of a new sign
potentially. We had copied you in the past and the question administratively if you’d like
to move forward with it, the idea was to have a welcome to North Arlington home of the
Vikings where Bergen County begins type of signage that you may have seen and so I
wanted to ask you if you, the cost is perhaps a few hundred dollars a sign. So if there
were 6 signs, it might be $1800.

Councilman Bianchi – do you need a motion for that?

Administrator Wall – or just direction. I think a motion would be fine not exceed a
certain dollar figure. It would be under I’m assuming around $400 a sign or so but I
would have to check but if you like the concept essentially two Vikings home of the



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Vikings that we would move forward with this; it’s a nice joint problem between the
board of education…

Councilman Hughes – why don’t you come up with an estimate and then come back with
an actual fixed cost.

Administrator Wall – alright, I’ll come back on the 21st ?

Councilman Hughes – yeah because we’re kind of tight as you’ve said, we’re very tight
on our budget this year.

Administrator Wall – sure.

Councilman Hughes – one thing you may want to look into is because I know they’ve
done work like this before is the Bergen County technical schools had a sign department
at one time.

Administrator Wall – like a votech?

Councilman Hughes – yes and where they would actually do these signs for the
communities. I don’t know if that still exists or not but it may be worth checking out and
may save the cost of actually producing the signs.

Administrator Wall – the concept itself in favor of the concept...

Councilman Bianchi – I have something to say about it. I was talking to Jimmy and we
had a sign up welcome to North Arlington and a lot of them were stolen right Jimmy as
you were saying? I know there was one down by the county park, that’s gone now too. Is
there any way in fact I think they’re all gone, is there any way that Jimmy and his boys
could figure out a way to put that sign up like there’s o ne in front of the kizlac building
going into Lyndhurst. And it says welcome to Lyndhurst bear country and no one touches
that sign, maybe is there a way to install it so no kid can steal it? Huh?

Jimmy McCabe – no problem Joe.

Councilman Bianchi – that’s why you’re the head of the DPW.

[Laughter].

Councilman Bianchi – I’ll get him tomorrow. He’s not going to get away with that. I’ll
have him on Porete Avenue with a broom.

Mayor Massa – I don’t want you to break the protocol Councilman.

Councilman Bianchi – I’m sorry Mr. Mayor.

Councilman Hughes – he’s on a roll tonight.

Mayor Massa – I see that. We don’t want the members of the press here to report that
were violating personnel practices and protocols. Council reports, Councilman Bianchi.

COUNCIL REPORTS

COUNCILMAN BIANCHI – Mr. Mayor I have a council report. This is the monthly fire
report. Before I read the report I would just like to congratulate Bob Mahlbacher, he’s our
new chief for the fire department for this year and I know he’ll do a good job.

[applause].

Councilman Bianchi – and he also does it for free. Okay. There were no firefighter’s
injured this month. Officer’s training was completed for ten members. Two group
training sessions were conducted at the Bergen County fire academy. The fire fighter


                                                                                         36
Mike Ryan returned from active duty from Afghanistan and we gave him a nice standing
ovation at the installation of Bob. Okay there were a total of 38 alarms this month. One
house fire, one garden apartment fire which were great stops by the way and the
[inaudible] ladies house that was next store to the house that was on 6 th street. I know she
thanks you whole heartedly that [inaudible] because her house almost went up too and
you saved her house. So that was a great job very good. Three appliance fires. Two trash
fires. Twelve activated alarms. Six carbon monoxide alarms. And thirteen miscellaneous
calls. Respectively submitted Robert Mahlbacher. I’m done Mr. Mayor.

COUNCILMAN HUGHES – real quick Mr. Mayor, the health departments proceeding
along with their programs most of them right now are on hiatus til after the holidays but
flu shots are still available if anybody needs them contact the health department. And I
am just extremely pleased tonight that we were able to finally adopt the redevelopment
plan that is viable. I know Councilman Tanelli and I put a lot of hours working with
Heyer and Gruel and the various professionals and I think we have a very commendable a
very good plan and I think it will lend itself to very quick deve lopment down in that area
so that because I understand from the Meadowlands that there is a lot of interest in that
property already.

Mayor Massa – the record will reflect that commissioner Bocchino is present tonight
monitoring our activities with respect to this ordinance and our profound interest in
moving forward with that project with redevelopment in that area. He can bring that I’m
sure he’ll bring that back to the Meadowland’s Commission at his next meeting.
Councilman Johnson.


COUNCILMAN JOHNSON – yes, it was a great month for the DPW. Primarily they
were consumed with collecting leaves all the residents that I spoke to were very happy
about how leaves were collected, very efficiently, very on time on days of street
sweeping, that’s when they collected the leaves. We were lucky this year. Last year we
had a snow storm early so we were plowing snow and plowing leaves which gets messy
as Jimmy can tell you. Next year I do want to establish some kind of ordinances with
regard to leaf collection. When people can put them out, in what form they can put them
out, with regard to landscapers, can landscapers put them out at the street or do they have
to remove them. I discussed that with Jimmy. So its definitely a project early on the
agenda for next year. Last night we had the tree lighting ceremony Jimmy McCabe and
his crew did a great job setting up the borough hall. The lights looked fantastic. When he
hit the button when the mayor hit the button all the lights turned on thank the lord. The
tree lit up, everything was good. It looked nice. On a more administratively note, I’m
pleased to announce that the new mini street sweeper that we bonded for in October has
arrived. It has arrived. The larger street sweeper I believe is ready to go. I believe they
took it down to Atlantic City to display it, the company that built that street sweeper so
we got a little publicity. North Arlington got a little publicity down at Atlantic City, down
at the League of Municipalities which is a good thing for a piece of eq uipment that was
bonded for under emergency conditions for a low price per year. So it’s going to benefit
the community. As I had mentioned before new heating system, new air conditioner
about $30,000 worth of equipment is installed in the fire house and we have half a roof
on the fire house which is better than nothing. So that’s where we are now. That’s all
Mayor.

COUNCILMAN KEARNEY – yes, first from the youth center, it’s operating
successfully as of August the youth center was made available to the middle school and a
full time program in the summer. It has also been used for the high school sports program
and girl scout and brownie troops. Basically, we’re going to be kept informed as to the
success of this program. There’s a number of middle school k ids that are using the
building, I believe there’s 8 to 30 students there a day. The kids that spend time at the
library use personal computers for the summer homework and they play video games. I
believe last January the IT consultant reassembled four of the personal computers. They
were short term fixes as they refurbished three personal computers, did not function.
Basically, I believe there is being a request made of the borough to purchase three new
personal computers so I guess we’re going to have to discuss that so that our kids can
continue to either do their homework on the computers and/or entertain themselves with


                                                                                           37
them. There was also a discussion which I guess maybe we should discuss in closed
session with regard to the costs of the program and maybe trying to balance the costs of
the program. The tiny tots program was a huge success. We’re looking to do it again next
summer. Mr. Kraft is looking to incorporate activities that he proposes for a sports camp.
I’m trying to skim through the report not to waste too much time. There’s being a request
with regards to sports activities being added that will change the junior rec program and
the kids will have the option to participate or seek child care from the program for their
own age group. With regard to the recreation director’s report to me, basically I know
that Councilman Johnson talked about the holiday tree lighting and how much fun that
was and successful it was. Also the radio city hall which is actually tonight was a total
success and that it totally sold out, and on December 16th there’s going to be three homes
that will be awarded for their holiday decorations, their holiday spirit decorations. The
zumba classes were moved to Washington school for Thursday nights to accommodate
the demand and all are continued to be welcomed to participate every Thursday between
7PM and 8PM. There’ll be no classes on December 23 rd or December 30th . And that’s all
I have to report Mr. Mayor.

COUNCILMAN TANELLI - first of all I’d like to congratulate Councilman Hughes and
his board for moving forward with redevelopment plan. Councilman Hughes’ knowledge
of the area that is involved in this plan was a valuable asset that were able to utilize. I’d
also like to bring attention to resolution 303 that we passed to night. I’d like to commend
Terence. I brought up an issue with the borough with trees and we’ve got a tree situation,
and quickly have a resolution community forestry management plan as were going to try
and implement and I’d like to thank Terence for his hard work on that, I don’t know if
any of the other councilmen [inaudible], I did ask Terence who spear headed it and said
he had taken care of getting a resolution…

Councilman Hughes – was this the grant we awarded about a year ago to the forester and
this was the [inaudible] was generated but we’ll tell you the rest of the story later.

Councilman Tanelli – for the police department, I’d like to thank the police department
for their hard work on the Commerce TD Bank robbery that occurred two years that’s
finally been solved. I just want to put out special congratulations to Detective James
Gangi, one of the men who have recently retired. He is the person who is responsible for
coming up with the information that led to the solving of that crime. The north Arlington
fire department, I attended a fire board meeting as well as Councilman Hughes and
Bianchi last Saturday. I’d like to thank ex-chief Brian Fitzhenry for a very successful
year and I’d like to congratulate all of new officers and wish them well including new
chief Robert Malhbacher all the best in taking over the departments. The library and
recreation, I’d like to thank Stephanie Burke our north Arlington library director and
James Herrmann, our recreation director for two back to back nights of holiday
celebration. Both events were very well attended and most important Santa was able to
attend both. I’d also like to wish everyone a Merry Christmas, a happy healthy and
prosperous New Year but before I close Mayor I have two issues I’d like to just address
really quickly. One is the baler issue I’ve been asking this board for information on the
baler since September. I’ve made phone calls myself wanting a tonnage report either
daily or weekly wanting to know the hours of operation to date I haven’t even received a
phone call from any of those individuals I spoke to I left messages at the Meadowlands
Commission, haven’t heard any information. I’ve been hearing rumblings as far as that
it’s working in the negative but they’re not making any money. There’s two communities
that are interested maybe even signed on to drop their garbage off. This is information
that is important because it directly impacts us. But the way the agreement was reached
we have no guaranteed money so I’m going to say it again my opinion that guaranteed
money should have been split between the borough and the Meadowlands; we could have
counted on some money guaranteed. It’s going to fluctuate based upon the tonnage that
comes in , we’re not going to know what the tonnage is. We sho uld be getting reports
telling us what’s going on with this baler. To have to pull teeth to find this information is
crazy. The quarters over I heard that we’re going to get it at the end of the quarter.
Quarters over, where’s the information? Terence leaves phone messages to both the baler
operator and the Meadowlands Commission and he doesn’t get any returned phone calls I
don’t understand what the secrets are all about. The lastly I read in the bergenite today a
story about the lawsuit that’s been brought against the borough about from a previous


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employee and he mentioned the executive minutes. I don’t recall ever approving
executive minutes but it actually quotes information from those executive minutes so I’d
like to know how a local newspaper was able to get executive minutes from a meeting I
don’t recall ever approving the executive minutes from. So I don’t know who or if we can
instruct the borough attorney or Terence to look into how these minutes were released or
at least look into the article.

Mayor Massa – absolutely. I’m going to have the administrator confirm with the borough
attorney with respect to the legal aspect involving that issue.

Administrator Wall – I can confirm to the clerk has not released any minutes so I’ll also
check to see what the status is but I can confirm from my perspective that no minutes
were released.

Mayor Massa – because again you have a report in the local newspaper regarding a rather
sensitive personnel issue and there’s no way to document or certify whether or not the
comments made in the executive session were in fact accurate.

Councilman Johnson – maybe you should ask the reporter where he got it from.

Mayor Massa – so in any event well he’s protected by the shield law being it’s an issue
that comes from the borough hall.

Councilman Bianchi – point of order. Steve what I heard about the baler I don’t have that
information that you wanted out for tonnage but I did hear that Lyndhurst is supposedly
coming on board, Rutherford is already on board, Hackensack is I think they’re waiting
for January 1 st …

Councilman Tanelli – Hackensack is in already.

Councilman Bianchi – Hackensack is in already. East Rutherford, Carlstadt is interested.
Ridgewood is supposed to come on board. But as far as the answer of the tonnage I don’t
have that but I think they really have to wait til December 31 st til all their contracts run
out before they can start bringing the garbage to North Arlington but as far as the tonnage
reports and how much they’re getting in, I don’t know Steve but I do know that quite a
few towns starting in 2011 are interested in coming in board.

Councilman Tanelli – my biggest concern is not getting the information any information
or any questions answered.

Councilman Hughes –we have a commissioner from the Meadowlands Commission in
attendance and I think he’ll be more than happy to take your concerns back to the
Meadowlands and express the concerns on our behalf.

Councilman Bianchi – let me ask Jimmy this question.

Mayor Massa – well this is Councilman Tanelli’s report. Councilman defers to
Councilman Bianchi.

Councilman Bianchi – yeah okay when we were operating the baler down by Noel Drive
on Disposal Road I know we had BCUA people on board there and we I’m almost
positive we kept track the town knew what was dumped there every day but this one we
don’t. Can’t we put some of our people to work our North Arlington people in that job? I
don’t know.

Unidentified speaker – I can’t answer that question Mr. Councilman but the thing is that I
would say that the baler is picking up. I have the information; the information we got so
far was 14,428.22 tonnage in the baler and you should be receiving the check for the host
community by within 20 days of the contract in December.

Councilman Tanelli – can I make a recommendation? Mr. Bocchino could see if
[inaudible] can we have a person from the council as a liaison to the Meadowlands


                                                                                           39
Commission so that when we do have questions I don’t have drive Terence crazy, I don’t
have to leave messages that nobody called back and this person can report back to us if
we do have questions.

Mr. Bocchino – Mr. Councilman I actually went ahead before you did that what did was I
had talked to the Meadowlands…

Administrator Wall – Mr. Bocchino if you can come to mic so we can have it on the
record.

Mr. Boccino – I’m not allowed to say too much but..

Mayor Massa – no I understand that commissioner. We don’t want to nail you down at
this level but I will make a recommendation.

Mr. Bocchino – I did actually told the commission that we need to get a report so you
will receive a report when its every quarter you’ll get a report. I don’t think they’re going
to give you every month because we do get the report as of August and to the end of
December, you took in the I think it was 14,427 tonnage so in another four months you’ll
get another report and they will issue you a report because it’s in the contract that you’re
supposed to get a report. Because everybody was trying to pass the bucket and actually
we got down to the nitty nitty gritty and we did get the report.

Councilman Tanelli – yeah my only concern is directly impact since [inaudible].

Mr. Bocchino – yes we know that but you know everybody and I want to protect the
Meadowlands Commission but it seems to me that everyobody wants to knock the hell
out of the Meadowlands Commission. I’d like to know really and I’m concerned as a
citizen, I’d like to know what your plan was when you guys were there.

Mayor Massa – well at this point now, you’re acting as a citizen and we’ve had the
hearing of citizens so.

Mr. Bocchino – I know but I’m just saying. You know let’s look it. We’re getting
garbage in; there’s nobody out there breaking the [inaudible] to bring the garbage in and
stuff like that. Right now I would say by the end of February or May or whatever, you’re
going to wind up getting about seven, eight hundred tons a day maybe even more because
lot of these towns are under contract and they will be coming in pretty soon to dump their
garbage at 60 dollars a ton which is good so I think we’re going to go forward and I think
that we want to work with borough of North Arlington which we have been for many
many years and we supported North Arlington and you know that yourself that we did
everything in our power to help you’s out and everything else so I really think that we
have to stop I’m a citizen now, say that we got to go forward lets all work together with
the Meadowlands Commission and …

Mayor Massa – well you were interviewed as a commission not as a citizen.

Mr. Bocchino – well you’re [inaudible].

Mayor Massa – well that’s an opinion.

Councilman Tanelli – I agree with Mr. Bocchino. Everyone needs to act in good faith for
both parties, the meadowlands commission as well as the borough and you know a lot o f
people want to poke holes in it this agreement. My only comment in the agreement was
for years we received guaranteed money [inaudible] through the negotiations. The only
one I ever see of guaranteed money now is the new jersey meadowlands commission. We
have to rely on the tonnage coming that’s why I’m so concerned with the tonnage. And
no one sat at the table or came to this council and said you know what we’re guaranteed
half a million dollar guaranteed from the vendor, North Arlington gets 250, we get 250.
Nobody even brought us the subject of us, you know we lost a million a year that was
guaranteed I understood that that was not possible based on what the charges and what
the rates were. My big complaint was nobody came here and sat and tried to work with us


                                                                                           40
and let us guarantee 250, 100 thousand dollars, anything. So that we knew that we could
pencil that in our budget. That’s been my comment from the beginning Rich and I had
many conversations and heated discussions over this.

Councilman Hughes – but we actually are guaranteed $750,000 in cost savings by the
fact that we don’t get paid to get rid of our garbage.

Councilman Tanelli – absolutely and I apologize because I had that [inaudible] even
mentioned.

Mr. Bocchino – I tell you what if I was a company guy and I’m coming down the
mountain, I took over the baler and the way the garbage situation is today, how could I
actually give you a million dollars up front and if I don’t get this money by the end of the
year, I’d lose money.

Mayor Massa – commissioner we don’t want to run [inaudible] issue. It’s obviously is a
very ripe issue for discussion between ourselves and the Meadowlands Commission.

Councilman Hughes – just real quick, when the baler first opened, there was no guarantee
at all as to the host fees at the time. It was only after years of operation and you saw
consistency of the amount of garbage that was flowing through that place at an actual
annual minimum guarantee was actually negotiated but when that first opened back in
1974 I believe it was or 75, there was no guarantee to the borough but it was the best
game in town at the time and you know most of the people were going there.

Councilman Tanelli – well I want to apologize, I did have in my thing but I didn’t, I read
it off and then I feared [inaudible] that I did want to thank them for the 750 guarantee
because that is a big cost savings for us to take in our trash for free. So sorry for that.

Mr. Bocchino – we’re doing the best we can for North Arlington.

Mayor Massa – Councilman Tanelli, anything further?

Councilman Tanelli – no.

Mayor Massa – Mr. Cerrone, please you’re out of order unless you’re recognized by the
council who’s given the report. Alright.

Mr. Cerrone – [inaudible].

Councilman Hughes – the solutions are being worked on for monitoring things properly.

Mr. Cerrone – you can record, you can install recorders on them that only borough of
North Arlington can access so you will know exactly what the tonnage is, nobody can
[inaudible] once a month somebody goes down there unlocks it, takes the disk out puts
[inaudible]. Brings it back to the community it would be read to see exactly what went
over the scales, you know exactly what we’re getting paid for or what we’re not. I’m sure
they already have recorders but we can have our own. Well if they have theirs so we can
make our own records as well.

Mayor Massa – well the commissioner has made reference to the fact…

Mr. Bocchino – every tonnage that comes into the baler all of the scales, every copy goes
to the DEP and a copy goes to the Meadowlands.

Administrator Wall – this may sound Mayor tedious but it’s impossible to get quality
minutes, you have wonderful comments occasionally from you the audience when it’s not
on the microphone I just want to share with you that’s when you read the word
unintelligible in the minutes. So you lose out in perpetuity to quality ideas that aren’t on
the record. So I just want to remind folks that it’s important for the community for the
community that the microphone is utilized so we can have proper minutes.



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Councilman Kearney – I would like to make a point of order comment if I may Mr.
Mayor. You know being part of the decision making body that went ahead with the baler,
I mean I got to say for one it was a win win situation as far as I’m concerned on behalf of
this council and on behalf of the residence of the borough of North Arlington with regard
to having our trash taken care of by the borough or nothing. With regard to the amount of
tonnage, amount of money were getting per tonnage, it was fair market value, it was what
was my understanding was at the time with regard to municipalities that planned on
participating they have contracts that have yet to run out but there’s speculation as to
them coming on board and if the was a decision that maybe the market was better in the
past when I was not a councilman on this board, maybe a decision could have been made
then I don’t know, but it came to us at that point and time, we made the best decision that
we could for the borough and the borough was going to reap the benefits of that decision
in my opinion and also if we are uncertain about the numbers financially that that baler is
going to bring in perhaps with larger cost items that we have to consider, maybe for the
benefit of the residents of North Arlington we should make those decisions at this point
and time. And that’s the way I’m going to be looking at this with regard to the continued
rhetoric about the baler if we have no guaranteed funds to support I’m talking about big
expenditures or hiring people for this borough, then maybe that has to be taken into
consideration. And I just want to make that my point of order here, thank you.

Mayor Massa – well all of our revenue sources considered when we whether we do
expenditures regarding personnel or make expenditures regarding equipment of bonding
or anything to that effect. Your comments are appreciated but of course there are a
number of different issues regarding the relationship that’s been in the past and is now
with the Meadowlands Commission. Of course I’ve had my own issues but those are my
issues and the future will tell us where we’re headed and what the commissions role is
going to be in the future with development in the community and what operation of any
solid waste facility. Okay, Councilman Yampaglia.

COUNCILMAN YAMPAGLIA – thank you Mr. Mayor. I just want to wish everybody a
happy holidays and a healthy new year. I urge everybody to be vigilant out there, you
know a lot of times were not cognizance of the other person while driving I mean it’s a
very dangerous time of year. The reason why I say that about five weeks ago my Dad was
in a car accident where four cars were totaled and I wanted to thank the police chief and
the police and the EMS and fire who were there in minutes. What could have looked,
there were I think maybe 5 or 6 people involved would look pretty scary you know and
somebody could have easily been killed. With the way everything was handled from
speaking with my Dad was the police were in minutes, the EMS and fire followed right
after that. Safe transport. Thank god nobody was killed. I want to thank you and I feel
very safe and good living here knowing that you guys are looking out for us and again I
just urge everybody you know to be safe and vigilant because you know what, this time
of year people say be safe driving, make sure you don’t speed, it’s usually not us its
usually the other person that we got to watch out for. So, be very vigilant and be safe and
have a healthy and happy new year. That’s all.

MAYOR MASSA – thank you councilman. My own report tonight ladies and gentleman
is going to be rather brief in light of the fact that the meeting is running late. We have a
number of important issues to address in executive session. But I did want to say that I
want to thank all of our employees and our volunteers in the community for the great job
that they’ve done this past year. We’ll be swearing in I think we had the chief’s night, the
new fire chief was sworn in the other night, unfortunately a little prior commitment I was
unable to make it but I will see you at the your dinner dance on the 29 th . I want to
congratulate you and the members of the fire department and the emergency squad, the
volunteers on the emergency squad of course the police department and did a great job
the other night, jimmy with the lights before we pulled the switch, before the switch was
pulled you said to me I hope these things turn on, these kids are trampling all over the
wires. And I said I got my complete faith in you that all these lights are going to light and
sure as anything they did. And we had a nice ceremony also with the library, Christmas
tree lighting also. I do want to comment with respect to going forward now we did, I did
execute on behalf of the community an MOA with the Department of Community Affairs
and we are in coming upon making certain that all of the prerequisites and requirements
to that Department of Community Affairs are complied with and one of the key issues


                                                                                          42
that was brought up at the league of municipality conference in November along with tax
issues which I’ll get to in a few moments was the importance of our enacting the pay to
play ordinance in the time frame that’s so prescribed by the Department of Community
Affairs; I think that’s by January 29th .

Administrator Wall – January 21st .

Mayor Massa – and I’ve instructed the borough attorney with the borough administrator
to work with the borough attorney to work on preparation of that ordinance with the
expectation it be introduced at our next regular council meeting. And any other
ordinances that are required to keep us in compliance with that MOA. I also want to say
with respect to that conference of course every mayor has the same problem that this
mayor has and this council has and that is providing quality services and responsible
levels of public service to the community at the most effective cost and with the
expectation of doing the things that we have to do to cut costs, so I touched on it earlier in
the evening when we had the hearing of the citizens responses regarding merging of
agencies, merging of departments, with counties and other agencies, review of our
operations. I have been in contact with other Mayor’s of other communities who have an
interest in doing the same thing, they’re all looking at major budget deficits this year and
of course the difficult time that many of us are going to have in keeping with the state
mandate for 2% cap and of course the proposal coming out of Trenton for financial
reforms regarding budgets, these are all important issues that we’re as tax payers and
members of governing bodies are going to have to be concerned with so we’re going to
have we certainly have our work cut out of us next year this year coming and we’re going
to do everything we can to hold ourselves accountable and again I want to thank you
people in coming here and talking to us. A lot of mayors complain that they get hassled
by members of the public. That’s never been my opinion. My opinion is that’s who we’re
here for, to listen to your concerns and your complaints so that we can better respond to
those concerns and hopefully more efficiently run our local governments so at this point
we entertain a resolution for executive session.

R-317-10 EXECUTIVE SESSION

WHEREAS, the Open Public Meeting Act, Chapter 231 permits the exclusion of the
public from a meeting in certain circumstances, and WHEREAS, the Mayor and Council
is of the opinion that such circumstances presently exist; and WHEREAS, the Mayor and
Council wish to discuss: [Personnel, Collective Bargaining, Anticipated or Pending
Litigation] “Public release of the discussion will only occur after counsel
approval. Action may or may not occur after discussion”.

INTRODUCED BY: Councilman Tanelli
SECONDED BY:   Councilman Bianchi
ROLL CALL:     All council present vote in the affirmative

Administrator Wall - NOW, THEREFORE BE IT RESOLVED that the Mayor and
Council are now in executive session.

[EXECUTIVE SESSION]

Administrator Wall – back on the record.

MOTION TO RETURN TO THE REGULAR ORDER OF BUSINESS

INTRODUCED BY: Councilman Tanelli
SECONDED BY:   Councilman Bianchi
ROLL CALL:     All council present vote in the affirmative

Administrator Wall – we now have the following resolutions we’ll read into the record.
First resolution is resolution 317-10. BE IT RESOLVED, that the Mayor and Council
hereby promote Daniel Sandowick to lieutenant, effective January 1 st 2011. This
promotion is subject to acceptance of a one year waiver in additional compensation.
Additional compensation would begin January 1, 2012. The promotion is further subject


                                                                                           43
to civil service certification process and final approval to the extent required by the
Department of Community Affairs.

INTRODUCED BY: Councilman Tanelli
SECONDED BY:   Councilman Bianchi
ROLL CALL:     All council present vote in the affirmative

Administrator Wall – next resolution is resolution 318-10. BE IT RESOLVED, that the
Mayor and Council hereby promote Gary Edwards to the position of Sergeant effective
January 1st 2011. This promotion is subject to acceptance of a one year waiver in
additional compensation. Additional compensation to begin 1/1/2012. This promotion is
further subject to civil service certification process. And final approval to the extent
required by the Department of Community Affairs.

INTRODUCED BY: Councilman Tanelli
SECONDED BY:   Councilman Bianchi
ROLL CALL:     All council present vote in the affirmative

Administrator Wall – next resolution is resolution 319-10. BE IT RESOLVED, that Craig
Spencer is hereby appointed to fire inspector on a part time basis with no medical
benefits or pension benefits for a rate of $13.00 per hour.

INTRODUCED BY: Councilman Hughes
SECONDED BY:   Councilman Bianchi
ROLL CALL:     All council present vote in the affirmative

Administrator Wall – next resolution is resolution 320-10 regarding James McCabe.
WHEREAS, James McCabe serves as the Superintendent of Public Works for the
Borough of North Arlington and, WHEREAS, Mr. McCabe is currently entitled to
twenty-one hours or three days of compensatory time for 2010 and, WHEREAS, such
compensatory time entitles Mr. McCabe to paid time off and, WHEREAS, Mr. McCabe
has provided dedicated exemplary service to the Borough of North Arlington as
Superintendent of Public Works for the course of many years and, NOW THEREFORE
BE IT RESOLVED, by the Mayor and Council of the Borough of North Arlington, that
the Superintendent of Public Works for the Borough, James McCabe, in consideration of
his exceptional service to the Borough, be and is hereby entitled to thirty- five hours of or
five days of compensatory time per year effective with the 2010 year.

INTRODUCED BY: Councilman Kearney
SECONDED BY:   Councilman Bianchi
ROLL CALL:     All council present vote in the affirmative

Administrator Wall – thank you. I believe we have…

Mayor Massa – authorization for the attorney.

Administrator Wall – yeah, I’m sorry Mayor if I may thank you very much sir.
Resolution 321-10 is a resolution regarding authorizing borough of attorney to file
lawsuit against Passaic Valley Water Commission. We can vote on it or I can read it
briefly to you if you wish.

Mayor Massa – ah no, I think we’re all going to get a copy of it. We’ll dispense with the
reading of the actual language. I think the members of the council are fully aware of the
context of this resolution.

Administrator Wall – and it’ll be available in the clerk’s office.

INTRODUCED BY: Councilman Hughes
SECONDED BY:   Councilman Johnson
ROLL CALL:     AYES: Councilman Bianchi, Councilman Hughes, Councilman
               Johnson, Councilman Kearney, Councilman Yampaglia
               NAYS: Councilman Tanelli


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Administrator Wall – thank you very much. Any other business?

Mayor Massa – no other business.

Councilman Bianchi – what about our property maintenance officer?

Mayor Massa – we’ll advertise that and get the resumes.

Administrator Wall – post that position, we’ll have received the resumes and you make
the decision.

Councilman Bianchi – very good. Thank you very much.

Mayor Massa – no further business, I’ll entertain a motion to adjourn.

ADJOURNMENT:

MOTION TO ADJOURN

INTRODUCED BY: Councilman Tanelli
SECONDED BY:   Councilman Hughes
ROLL CALL:     All council present vote in the affirmative




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