PUBLIC MEETING – Wednesday, January 16, 2008 at 8:00 p.m. There will be a Public Meeting of the Mayor and Council of the Borough of Glen Rock on Wednesday, January 16, 2008, at 8:00 p.m. in the Council Chambers of the Municipal Building. Agenda: (May be subject to change)  1. CALL TO ORDER /ROLL CALL This meeting is called pursuant to the provisions of the Open Public Meeting Law. This Meeting was included in a list of meeting notices sent to the Bergen Record and advertised in said newspaper in January, posted on the bulletin board in the Municipal Building, and has remained continuously posted as the required notices under the Statue. In addition, a copy of this notice is and has been available to the public and is on file in the office of the Municipal Clerk. In accordance with the New Jersey State Fire & Safety Code I call your attention to the lighted exit signs. In the event the alarm sounds, move in an orderly manner toward the exit nearest you and leave the building.  Council Member Knapp – present Council Member O’Hagan – present Council Member Pazan – present Council Member Arnao – present  Council Member Orseck – present Council Member Surrago - present J. van Keuren, Mayor - present L. Benjamin, Borough Admin. - present J. Scalia, Borough Clerk - present R. Garibaldi, Borough Attorney – present 2. FLAG SALUTE/ANNOUNCEMENTS  Council member Arnao led the Council in the flag salute.  3. CONSENT AGENDA All items listed are considered to be routine and non-controversial by the Borough Council and will be approved by one motion. There will be no separate discussion on these items unless a Council member(s) so request it, in which case the item(s) will be removed from the Consent Agenda and considered in its normal sequence on the agenda. The one motion signifies adoption of all resolutions, received and filed letters, correspondence, reports and approval of applications and minutes. Resolutions: 1. Resolution for Approval of Minutes 12/27/07  Resolution No. 38-08 Offered by Council Member Knapp Seconded by Council Member Surrago BE IT RESOLVED, that the Minutes of: Meetings of December 27, 2007 Be accepted as submitted. ROLL CALL: Council Member Knapp – yes Council Member O’Hagan – yes Council Member Pazan – yes Council Member Arnao – yes Council Member Orseck – yes Council Member Surrago - yes 2. Resolution for No Smoking Policy Resolution No. 39-08 Offered by Council Member Knapp Seconded by Council Member Surrago RESOLUTION FOR NO SMOKING POLICY WHEREAS, the Mayor and Council has determined that there is a need to amend the existing personnel policies and procedures to prohibit smoking by employees in Borough Vehicles. NOW, THEREBY, BE IT RESOLVED by the Mayor and Council that the Borough of Glen Rock Employee Handbook is hereby amended as follows: 1. Chapter IV entitled “Work Rules and Standards”, Section 5 entitled “Use of Vehicles Policy is hereby deleted in its entirety and replaced with the following: 2.  “Section 5. Use of Vehicles Policy Borough of Glen Rock owned vehicles must be used for Borough business, passengers may be driven in a Borough owned vehicle when the employee is operating said vehicle in accordance with the established contractual provisions of vehicles assigned to the employee conducting the business of the Borough. An employee who is also employed by another governmental entity may use a Borough of Glen Rock vehicle for that employment only if the employment is approved by the Borough Administrator in accordance with the provisions of Outside Employment. Vehicles may be taken home on a special or temporary basis, only with the advance approval of the Borough Administrator in order to facilitate responses to after-hours emergency calls, or work situations, which may occur. When an employee takes home a Borough vehicle, on a temporary basis, it is to be used only for official business any other use is not permitted. No employee will be permitted to smoke in any Borough owned vehicle. This policy will be strictly enforced and any employee found in violation will be subject to disciplinary action.” and be it further RESOLVED that this amendment to the Employee Handbook shall apply to all Borough officials, appointees, employees, volunteers and independent contractors. In the event there is a conflict between these rules and any collective bargaining agreement, personnel services contract or Federal or State law, the terms and conditions of that contract or law shall prevail. In all other cases, these policies and procedures shall prevail. ROLL CALL: Council Member Knapp – yes Council Member O’Hagan – yes  Council Member Pazan – yes Council Member Arnao –yes Council Member Orseck – yes Council Member Surrago - yes 3. Resolution for Tax Appeal Refund Block 112 Lot 2 (Bank of America) Resolution No. 40-08 Offered by Council Member Knapp Seconded by Council Member Surrago WHEREAS, there is pending before the Tax Court of New Jersey, the matter of Bank of America, f/k/a Fleet Bank v. Borough of Glen Rock; and WHEREAS, the Borough’s Tax Assessor, Steven Rubenstein, has reviewed the property record card, comparable sales and has made a physical inspection of the property; and WHEREAS, the Tax Assessor, has recommended a modification to the 2005, 2006, and 2007, assessment; and WHEREAS, as a result of discussions between the Tax Assessor and the Plaintiff’s attorney, it is recommended to the Mayor and Council that settlement of this matter be ratified and approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council as follows:  1. The Mayor and Council having reviewed the recommendation for reduction in the assessment of the following Tax Court of New Jersey appeal do hereby ratify the following settlement: PROPERTY BLOCK/ YEAR ORIGINAL SETTLEMENT OWNER LOT ASS'MENT  BANK OF AMERICA,  f/k/a FLEET BANK 112/2 2005 $1,125,700 $1,125,700  BANK OF AMERICA  f/k/a FLEET BANK 112/2 2006 $1,125,700 $1,125,700 BANK OF AMERICA  f/k/a FLEET BANK 112/2 2007 $1,430,000 $1,369,000 2. Taxpayer agrees to waive prejudgment interest provided that the tax refund is paid  within sixty (60) days of the judgment. ROLL CALL: Council Member Knapp – yes Council Member O’Hagan - yes Council Member Pazan – yes Council Member Arnao – yes Council Member Orseck - yes Council Member Surrago - yes 4. Resolution for Tax Appeal Refund Block 67 Lot 8(Welfel) Resolution No. 41-08 Offered by Council Member Knapp Seconded by Council Member Surrago WHEREAS, there is pending before the Tax Court of New Jersey, the matter of John J. III and Isabelle F. Welfel v. Borough of Glen Rock; and WHEREAS, the Borough’s Tax Assessor, Steven Rubenstein, has reviewed the property record card, comparable sales and has made a physical inspection of the property; and WHEREAS, the Tax Assessor, has recommended a modification to the 2007, assessment; and WHEREAS, as a result of discussions between the Tax Assessor and the Plaintiff’s attorney, it is recommended to the Mayor and Council that settlement of this matter be ratified and approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council as follows:  1. The Mayor and Council having reviewed the recommendation for reduction in the assessment of the following Tax Court of New Jersey appeal do hereby ratify the following settlement: PROPERTY BLOCK/ YEAR ORIGINAL SETTLEMENT OWNER LOT ASS'MENT  JOHN J. III and  ISABELLE F. WELFEL 67/8 2007 $855,100 $855,100  2. Taxpayer agrees to waive prejudgment interest provided that the tax refund is paid within sixty (60) days of the judgment. 3. The parties agree that the property’s 2008 total assessment shall be reduced to the sum of $750,000 and further agree that either party shall have the right to file a tax appeal for the 2008 tax year to obtain a judgment to implement, enforce and/or confirm the $750,000 assessment agreed upon herein. ROLL CALL: Council Member Knapp – yes Council Member O’Hagan - yes Council Member Pazan – yes Council Member Arnao – yes Council Member Orseck - yes Council Member Surrago - yes 5. Resolution for Change Order #2 Asbestos Abatement Municipal Bldg. Resolution No. 42-08 Offered by Council Member Knapp Seconded by Council Member Surrago ______________________________________________________________________________ RESOLUTION AWARDING CONTRACT FOR GLEN ROCK  MUNICIPAL BUILDING-SELECTIVE DEMOLITION PROJECT ASBESTOS ABATEMENT CHANGE ORDER #2 WHEREAS, the Borough of Glen Rock awarded a selective demolition bid for the Glen Rock Municipal Building on October 24, 2007 in the amount of $163,500; and WHEREAS, during the course of demolition, the environmental consultant for the Borough of Glen Rock was retained to inspect and test suspected asbestos containing material; and WHEREAS, additional material was found to contain asbestos, 60 linear feet of additional pipe insulation, 500 square feet of floor tile and mastic, and WHEREAS, the Borough Administrator requested proposals from vendors who specialize in asbestos abatement; and WHEREAS, Niram, Inc. submitted a lowest proposal of $4,800 to perform such abatement. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Glen Rock that change order #2 be approved for abatement in an award be made for additional asbestos abatement of 60 linear feet of insulation and 500 square feet of floor tile and mastic in amount not to exceed $4,800 to Niram, Inc., subject to certification of funds by the CFO. ROLL CALL: Council Member Knapp - yes Council Member O’Hagan - yes Council Member Pazan - yes Council Member Arnao – yes  Council Member Orseck - yes Council member Surrago - yes 6. Resolution Authorizing Release of Letter of Credit for 175 Rock Rd. Resolution No. 43-08 Offered by Council Member Knapp Seconded by Council Member Surrago RESOLUTION AUTORIZING RELEASE OF LETTER OF CREDIT FOR 175 ROCK ROAD WHEREAS, the Borough has retained a letter of credit from Greater Community Bank, 55 Union Blvd., Totowa, NJ , dated October 21, 2006, posted on behalf of Sinibaldo Leone, 3 Serafin Place, Glen Rock, NJ, in the amount of $31,000, for site improvements at 175 Rock Road, Glen Rock, NJ 07452, and  WHEREAS, the Borough of Glen Rock currently has a duplicate letter of credit on file for the same application from Bank of New Jersey, 204 Main Street, Fort Lee, NJ, in the amount of $30,357.60,  WHEREAS, the Borough of Glen Rock is only required to have one letter of credit on file for this application, and the request was made by said property owner for the release of the letter of credit from Greater Community Bank. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Glen Rock that the Letter of Credit posted from Greater Community Bank dated October 21, 2005 in the amount of $31,000.00 be hereby released. ROLL CALL: Council Member Knapp –yes Council Member O’Hagan – yes Council Member Pazan – yes Council Member Arnao - yes Council Member Orseck – yes Council Member Surrago -yes Motion to accept consent agenda by Council Member Knapp Seconded by Council Member Surrago ROLL CALL: Council Member Knapp –yes Council Member O’Hagan – yes Council Member Pazan – yes Council Member Arnao - yes Council Member Orseck – yes Council Member Surrago -yes 4. MEETING OPEN TO THE PUBLIC: (Before speaking at the meeting, each person must state their name and address. 5 minute limit) Jeanne Rey – 153 Winslow Terrace – Mrs. Rey questioned how many days a week and how early can construction begin on homes. Mrs. Rey is extremely upset with current construction in her neighborhood. Lenora commented that she believes construction can begin at 7:00 a.m. during the week and 8:00 a.m. on weekends. Mrs. Rey strongly suggested the hours of construction be reviewed and changed. Mayor van Keuren stated his first step will to confirm the starting times and make sure applicable parties are complying.  Bill Brown – 675 Lincoln Avenue – Mr. Brown read a statement concerning artificial turf, which has been copied and attached to these minutes. Mr. Brown commented he has, and continues, to accumulate information on the negatives of turf fields.  Jim Seaton – Ferndale Avenue – Mr. Seaton commented if artificial turf radiates heat, accumulatively this will affect global warming. Mr. Seaton added that whenever any chemical is heated to high temperatures it will outgas, which consequently all will be breathing. Mr. Seaton feels for this much public property to be used for “private” use the taxpayer should have a say. Once again, Mr. Seaton commented on his belief of wasted taxpayer dollars on luxuries rather than necessities.  Doris Ciaramella – 15 Austin Place – Mrs. Ciaramella questioned if trees are currently being planted and if the homeowner will be notified. Mayor van Keuren stated trees are being planted and information is given to the homeowner. Mayor van Keuren added that the trees are being planted on the borough easement of the property.  Jeanne Rey – 153 Winslow Terrace – Mrs. Rey commented it has been proven that artificial turf will damage children’s knees. Jim Trousdale - 307 Boulevard – Mr. Trousdale asked if the community shuttle route could be expanded to include Boulevard. Council member Arnao commented a second bus would be required to expand the schedule in such a way that commuters wouldn’t have an excessive wait at the train station. Naomi Gamorra – Kent Road – Ms. Gamorra commented on the current tree ordinance currently before the Council. Ms. Gamorra stated the Environmental Commission’s proposed tree ordinance has been under their discussion for a considerable amount of time and is not a reaction to any tree cutting done in town. The Commission feels there should be some protection for trees, whether on public or private property. The proposed tree ordinance is one more measure that can be used for the protection of the character of Glen Rock.  Alan Bronner – 522 Doremus Avenue – Mr. Bronner commented he and his immediate neighbors have spent approximately $5,000 of personal money to maintain trees planted on the easement of their property. Mr. Bronner asked if the town will be taking full ownership of the trees planted in the easement, particularly when the tree is diseased or infested the Borough will assume the costs for the maintenance. Mayor van Keuren stated if the town is putting the trees in they will maintain the trees. Mr. Bronner asked if an ordinance could be passed stating such. Secondly, Mr. Bronner has asked that a specific street light be turned off, which is on 24/7. Lenora Benjamin stated that the Police have notified PSE&G and will monitor the situation.  5. ADJOURNMENT Motion to adjourn the meeting was made by Council member Knapp  Seconded by Council member Surrago Meeting adjourned at 8:45 p.m. ____________________________ Jacqueline Scalia, Borough Clerk