PUBLIC MEETING – Wednesday, January 28, 2009 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 28, 2009, 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 O’Hagan – present
Council Member Pazan – present
Council Member Arnao – present
Council Member Orseck – present
Council Member Surrago – present
Council Member Biggs - present
2. FLAG SALUTE/ANNOUNCEMENTS
Council member O’Hagan led the Council in the flag salute.
Mayor van Keuren read the following proclamation honoring Trustee Mary Ann McKay from the library.
CEREMONIAL PROCLAMATION
TO HONOR MARY ANN McKAY
Whereas, when it comes to libraries, too often the books get all the credit, but equally important are the personal attention provided by the employees and the guidance and oversight imparted by the trustees, and
Whereas the guidance and oversight given by the Trustees of the Glen Rock Library and their love of the written word have made that library a fundamental asset of this town for as long as there has been a library in this town, and
Whereas, Mary Ann McKay joined the Library trustees in 1981 and since then has held several key positions on the Board of Trustees and played an influential role (including President of the Trustees twice) in the growth of the library’s physical plant, resources and services, and
Whereas, Mary Ann McKay was one of the founding members of the Friends of the Library and has always been an energetic and enthusiastic behind the scenes volunteer in all their fundraisers, and
Whereas her long commitment to making reading a true form of recreation and a prime source of fun and knowledge has benefited the entire borough enormously, and
Whereas she has served the Borough with uncommon graciousness and dedication,
Now therefore, in tribute to a kind and caring woman who has helped in many, many ways to make a trip to our public library a warm and wonderful adventure, the Borough Council and I, John van Keuren, Mayor, declare Thursday, January 29 to be Mary Ann McKay Day in Glen Rock and further declare that for the period from 12.01 AM to 12.05 AM on that day the name of the Borough be changed to Mary Ann McKayville, NJ.
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 12/30/08
Resolution No. 52-09
Offered by Council Member Pazan
Seconded by Council Member Orseck
BE IT RESOLVED, that the Minutes of:
Meeting of December 30, 2008
Be accepted as submitted.
ROLL CALL:
Council Member O’Hagan - yes
Council Member Pazan - yes
Council Member Arnao - yes
Council Member Orseck – yes
Council Member Surrago - yes
Council Member Biggs - yes
2. Resolution for Payment of Bills
Resolution No. 53-09
Offered by Council Member Pazan
Seconded by Council Member Orseck
BE IT RESOLVED, that the following bills of the Borough of Glen Rock be paid in the amount of $3,931,177.65
Board of Education
$ 1,962,296.00
Payroll
505,907.93
Garibaldi
11,711.25
NJSHBF
123,996.24
B.C.U.A.
27,230.56
BC CLERK/K.Donovan
11,330.62
B.C.J.I.F.
196,649.83
B.C.C.L.S. Computer
37,086.00
NW Central Dispatch
112,589.75
P.V.S.C.
131,505.08
P.S.E.&G.
45,567.94
Misc.
148,465.53
Subtotal
$ 3,314,236.73
Capital
616,940.92
Total Payment of Bills
$ 3,931,177.65
ROLL CALL:
Council Member O’Hagan - yes
Council Member Pazan - yes
Council Member Arnao - yes
Council Member Orseck – yes
Council Member Surrago - yes
Council Member Biggs - yes
3. Resolution for Bond Anticipation Notes
Resolution No. 54-09
Offered by Council Member Pazan
Seconded by Council Member Orseck
RESOLUTION OF THE BOROUGH COUNCIL OF THE BOROUGH OF GLEN ROCK, IN THE COUNTY OF BERGEN, NEW JERSEY, COVENANTING TO COMPLY WITH THE PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, APPLICABLE TO THE EXCLUSION FROM GROSS INCOME FOR FEDERAL INCOME TAX PURPOSES OF INTEREST ON OBLIGATIONS ISSUED BY THE BOROUGH OF GLEN ROCK AND AUTHORIZING THE MAYOR, BOROUGH CLERK, CHIEF FINANCIAL OFFICER AND OTHER BOROUGH OFFICIALS TO TAKE SUCH ACTION AS THEY MAY DEEM NECESSARY OR ADVISABLE TO EFFECT SUCH COMPLIANCE AND DESIGNATING A $5,847,000 BOND ANTICIPATION NOTE, DATED JANUARY 22, 2009 AND PAYABLE JANUARY 22, 2010, AS A "QUALIFIED TAX-EXEMPT OBLIGATION" PURSUANT TO SECTION 265(b)(3) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED.
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WHEREAS, the Borough of Glen Rock, in the County of Bergen, New Jersey (the "Borough") from time to time issues bonds, notes and other obligations, the interest on which is excluded from gross income for Federal income tax purposes, and desires to take such action as may be necessary or advisable to establish and maintain such exclusion; and
WHEREAS, the Internal Revenue Code of 1986, as amended (the "Code"), contains provisions with respect to the exclusion from gross income for Federal income tax purposes of interest on obligations, including provisions, among others, which require issuers of tax-exempt obligations, such as the Borough to account for and rebate certain arbitrage earnings to the United States Treasury and to take other action to establish and maintain such Federal tax exclusion; and
WHEREAS, the Borough intends to issue a $5,847,000 bond anticipation note, dated January 22, 2009 and payable January 22, 2010 (the "Note"); and
WHEREAS, the Borough desires to designate the Note as a "qualified tax-exempt obligation" pursuant to Section 265(b)(3) of the Code;
NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Glen Rock, in the County of Bergen, New Jersey, as follows:
SECTION 1. The Borough Council of the Borough of Glen Rock hereby covenants on behalf of the Borough, to the extent permitted by the Constitution and the laws of the State of New Jersey, to do and perform all acts and things permitted by law and necessary to assure that interest paid on bonds, notes or other obligations of the Borough (including the Note) be and remain excluded from gross income of the owners thereof for Federal income tax purposes pursuant to Section 103 of the Code.
SECTION 2. The Mayor, Borough Clerk, Chief Financial Officer and the other officials of the Borough are hereby authorized and directed to take such action, make such representations and give such assurances as they may deem necessary or advisable to effect compliance with the Code.
SECTION 3. The Note is hereby designated as a "qualified tax-exempt obligation" for the purpose of Section 265(b)(3) of the Code.
SECTION 4. It is hereby determined and stated that (1) said Note is not a "private activity bond" as defined in the Code and (2) the Borough and its subordinate entities, if any, do not reasonably anticipate issuing in excess of $10 million of tax-exempt obligations (other than private activity bonds) during the calendar year 2009.
SECTION 5. It is further determined and stated that the Borough has not, as of the date hereof, issued any tax-exempt obligations (other than the Note) during the calendar year 2008.
SECTION 6. The Borough will, to the best of its ability, attempt to comply with respect to the limitations on issuance of tax-exempt obligations pursuant to Section 265(b)(3) of the Code; however, said Borough does not covenant to do so, and hereby expressly states that a covenant is not made hereby.
SECTION 7. The issuing officers of the Borough are hereby authorized to deliver a certified copy of this resolution to the original purchaser of the Note and to further provide such original purchaser with a certificate of obligations issued during the calendar year 2009 dated as of the date of delivery of the Note.
SECTION 8. This resolution shall take effect immediately upon its adoption.
ROLL CALL:
Council Member O’Hagan - yes
Council Member Pazan – yes
Council Member Arnao – yes
Council Member Orseck - yes
Council Member Surrago - yes
Council member Biggs - yes
4. Resolution for 2009 DPW Salaries – To be read later
5. Resolution for 2009 Police Salaries – To be read later
6. Resolution for Permanent Appointment of Officer McGill
Resolution No. 55-09
Offered by Council Member Pazan
Seconded by Council Member Orseck
RESOLUTION FOR PERMANENT APPOINTMENT FOR JAMES MCGILL,
POLICE OFFICER
WHEREAS, the Governing Body has appointed James McGill to the position of Police Officer of the Glen Rock Police Department effective January 14, 2008; and
WHEREAS, the Borough of Glen Rock’s Code Chapter 40 states that the Chief of Police must recommend permanent appointment for this position after a one year probationary period has been served; and
WHEREAS, Steven Cherry, Chief of Police has recommended to the Mayor and Council that James McGill be granted a permanent appointment as a Glen Rock Police Officer of the Glen Rock Police Department;.
NOW, THEREFORE BE IT RESOLVED, that that Mayor and Council hereby endorse the recommendation of the Chief of Police and herby make the appointment of James McGill effective January 28, 2009, a permanent appointment of Police Officer of the Glen Rock Police Department.
ROLL CALL:
Council Member O’Hagan - yes
Council Member Pazan - yes
Council Member Arnao -yes
Council Member Orseck – yes
Council Member Surrago - yes
Council Member Biggs - yes
Motion to accept consent agenda by Council Member Pazan
Seconded by Council Member Orseck
ROLL CALL:
Council Member O’Hagan - yes
Council Member Pazan - yes
Council Member Arnao -yes
Council Member Orseck – yes
Council Member Surrago - yes
Council Member Biggs – yes
4. MOTIONS
Departmental Reports
Council member Pazan (Finance) – The next Finance Meeting to discuss the 2009 budget will be Monday, February 2 at 5:00 p.m.
Council member Arnao (Licenses and Franchises) – The equipment for Glen Rock TV has been installed with live council meetings to be broadcast on Channel 77.
Council member Orseck (Parks and Recreation) – Lots of praise on the recent naming of the Arboretum after Carol Thielke. Men’s basketball has begun with Rec Baseball recently have their sign-ups. Our Recreation Direction, Mark Barone, has been busy planning activities and new programs for all to enjoy.
Council member O’Hagan (Public Safety) – Council member O’Hagan congratulated Officer McGill on his permanent posting. The Police have been asked to step-up their patrol on enforcing traffic speeding. There have been numerous complaints about excessive speeding around town, particularly near the schools.
Council member Surrago (Public Works) – Council member Surrago commented residents parking their vehicles at the end of their driveway (in the street) during snow plowing has become a borough-wide problem. This only makes plowing streets more difficult and time consuming. Residents are encouraged to keep their vehicles in their driveway during snow plowing.
Mayor van Keuren commented that the Council recognizes this as a problem and discussions are underway as to whether an ordinance needs to be instituted or it can be achieved through voluntary methods.
Motion to accept reports as filed:
Motion by Council Member O’Hagan
Seconded by Council Member Arnao
ROLL CALL:
Council Member O’Hagan - yes
Council Member Pazan - yes
Council Member Arnao -yes
Council Member Orseck – yes
Council Member Surrago - yes
Council Member Biggs – yes
5. ORDINANCES
Ordinance Procedure # 1590 (Special Pick-up for Solid Waste)
Date of Introduction: January 28, 2009
Council Resolution # 56-09
Introduced by Council Member Orseck
Seconded by Council Member Surrago
Be It Resolved by the Borough Council of the Borough of Glen Rock that AN ORDINANCE TO AMEND CHAPTER 184 OF THE REVISED GENERAL RDINANCES OF THE BOROUGH OF GLEN ROCK - 1971 AS AMENDED ENTITLED "SOLID WASTE” BEING AN ORDINANCE ESTABLISHING PROCEDURES FOR COLLECTING SOLID WASTE AND RECYCLABLES WITHIN THE BOROUGH; TO PROVIDE FOR SPECIAL SOLID WASTE COLLECTIONS
Heretofore introduced and does now pass on first reading, and that the said Ordinance be further considered for final passage at a meeting to be held on February 11, 2009 at 8:00 p.m., or as soon thereafter as the matter can be reached, at the Municipal Building in the Borough of Glen Rock, and that at such time and place all persons interested be given an opportunity to be heard concerning said ordinance, and that the Borough Clerk is hereby authorized and directed to publish said ordinance in the Bergen Record according to law with a notice of its introduction and passage on first reading and of the time and place when and where said ordinance will be further considered for final passage.
ROLL CALL:
Council Member O’Hagan - yes
Council Member Pazan - yes
Council Member Arnao - yes
Council Member Orseck – yes
Council Member Surrago - yes
Council Member Biggs - yes
BOROUGH OF GLEN ROCK
ORDINANCE NO. 1590
AN ORDINANCE TO AMEND CHAPTER 184 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF GLEN ROCK - 1971 AS AMENDED ENTITLED "SOLID WASTE” BEING AN ORDINANCE ESTABLISHING PROCEDURES FOR COLLECTING SOLID WASTE AND RECYCLABLES WITHIN THE BOROUGH; TO PROVIDE FOR SPECIAL SOLID WASTE COLLECTIONS
BE IT ORDAINED by the Borough Council, the Borough of Glen Rock, County of
Bergen, State of New Jersey, as follows:
Section I - Chapter 184 of the Revised General Ordinances of the Borough of Glen Rock 1971, as amended, being an Ordinance entitled "Solid Waste" is hereby amended as to the following section:
1. Sections 184-5 through 184-14 are renumbered to Sections 184-6 through 184-15 respectively.
2. There is added thereto a new Section 184-5 entitled “Special Collection” to read as follows:
“184-5. Special Collections.
The collection of residential garbage, trash or other acceptable solid waste material other than as set forth in Section 184-4(A), may be collected by special collection services arranged through the Boroughs Public Works Department. The resident shall be required to pay the costs, material, vehicles, personnel and administration, associated with the collection and disposal of the material. Prior to the scheduling of the special collection, the resident shall deposit with the Boroughs Chief Financial Officer a minimum sum of $500.00 to be applied against the anticipated costs associated with the special collection.”
Section II. VALIDITY-SEVERABILITY If the provisions of any section, subsection, paragraph, subdivision, or clause of this Ordinance shall be held invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of this Ordinance but such judgment shall be confined in its operation to the section, paragraph, subdivision or clause directly involved in the controversy in which said judgment shall have been rendered.
Section III All Ordinances or parts of Ordinances inconsistent with the provisions hereof are hereby repealed.
Section IV This Ordinance shall take effect upon passage as required by law.
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Ordinance Procedure # 1591 (On-street parking during MS/HS Construction)
Date of Introduction: January 28, 2009
Council Resolution # 57-09
Introduced by Council Member Pazan
Seconded by Council Member O’Hagan
Be It Resolved by the Borough Council of the Borough of Glen Rock AN ORDINANCE TO AMEND CHAPTER 150 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF GLEN ROCK - 1971, AS AMENDED, ENTITLED “PARKING”; BEING AN ORDINANCE ESTABLISHING REGULATIONS FOR PARKING ON PUBLIC OR PRIVATE PROPERTY WITHIN THE BOROUGH; TO PROVIDE FOR PARKING PERMITS ON VARIOUS STREETS DURING THE RECONSTRUCTION OF THE GLEN ROCK MIDDLE SCHOOL AND HIGH SCHOOL
Heretofore introduced and does now pass on first reading, and that the said Ordinance be further considered for final passage at a meeting to be held on February 11, 2009 at 8:00 p.m., or as soon thereafter as the matter can be reached, at the Municipal Building in the Borough of Glen Rock, and that at such time and place all persons interested be given an opportunity to be heard concerning said ordinance, and that the Borough Clerk is hereby authorized and directed to publish said ordinance in the Bergen Record according to law with a notice of its introduction and passage on first reading and of the time and place when and where said ordinance will be further considered for final passage.
ROLL CALL:
Council Member O’Hagan - yes
Council Member Pazan - yes
Council Member Arnao - no
Council Member Orseck – yes
Council Member Surrago - yes
Council Member Biggs - yes
BOROUGH OF GLEN ROCK
ORDINANCE NO. 1591
AN ORDINANCE TO AMEND CHAPTER 150 OF THE REVISED
GENERAL ORDINANCES OF THE BOROUGH OF GLEN ROCK -
1971, AS AMENDED, ENTITLED “PARKING”; BEING AN ORDINANCE
ESTABLISHING REGULATIONS FOR PARKING ON PUBLIC OR
PRIVATE PROPERTY WITHIN THE BOROUGH;
TO PROVIDE FOR PARKING PERMITS ON VARIOUS STREETS
DURING THE RECONSTRUCTION OF THE
GLEN ROCK MIDDLE SCHOOL AND HIGH SCHOOL
WHEREAS, the Board of Education of the Borough of Glen Rock will begin the reconstruction of its Middle School and High School which will result in the temporary loss of most of the on-site parking provided to its Administrative and Educational staff, Students and Visitors; and
WHEREAS, the Mayor and Council of the Borough of Glen Rock, in conjunction with the Board of Education, desires to stem the overflow of vehicular traffic into and upon the streets surrounding the Middle School and High School and to prevent the overcrowding of said streets with parked vehicles operated by the aforesaid Administrative and Educational staff, Students and Visitors to the Glen Rock Middle School and High School, as well as to those residents residing within the affected streets; and
WHEREAS, the Governing Body desires to put into effect a temporary parking plan to address the overflow of vehicular traffic into the and the resultant congestion in and upon the streets surrounding the Glen Rock Middle School and High School; and
WHEREAS, it is the express purpose of this ordinance to assist in the reducing of hazardous traffic conditions resulting from the temporary loss of on-site parking at the Glen Rock Middle School and High School which may cause the overflow of traffic onto and possible overcrowding of streets primarily serving residential land uses with parked vehicles emanating from the Middle School and High School, to protect the residents of such streets from the unreasonable burden in gaining access to theirs residents, to preserve and protect the safety of the children and other pedestrians and traffic safety on said streets and to generally promote, preserve and protect the peace, good order, safety and welfare surrounding the Glen Rock Middle School and High School.
NOW, THEREFOR, BE IT ORDAINED by the Borough Council, the Borough of Glen Rock, County of Bergen, State of New Jersey, as follows:
Section I - Chapter 150 of the Revised General Ordinances of the Borough of Glen Rock 1971, as amended, entitled "Parking,” is hereby amended as follows:
A. There is added thereto a new Section 150-12 entitled “On-Street Permit Parking For High School Administrative and Educational Staff” to read as follows:
“150-12 On-Street Permit Parking For Middle School and High School Administrative and Educational Staff and Affected Residents.
A. Any Glen Rock Middle School and High School Staff Member, or residents residing in the areas defined in Subsection “E” herein, possessing a valid parking permit issued in accordance with this article shall be allowed to park in the locations specified in Article “E” below between the hours of 7:00 a.m. and 3:30 p.m. on any weekday when the Glen Rock Middle School and High School are open.
B. Parking permits shall be issued by the Glen Rock Board of Education in accordance with priority lists and other regulations adopted by the Board of Education upon the completion of a permit application and production of a valid driver’s license. Permits shall be issued without fee.
C. The Glen Rock Police Department shall be provided with an updated list of all permits issued/revoked or cancelled to allow for the enforcement of this Ordinance.
D. All other ordinances regulating parking on the streets listed in Subsection “E” shall apply except during the days and hours specified herein.
E. The issuance of any parking permit shall not constitute a guaranty that a parking space will be available for the designated motor vehicle.
F. Streets Restricted to Parking Permit:
Name of Street Locations Side
Radburn Road From Harristown Road to Cornwall Road. Both
Gramercy Place From Harristown Road North for a distance of 800 feet. East
Kirkwood Place Entire length from Radburn Rd. to Hamilton Avenue. North
Hamilton Avenue From Kirkwood Place to Harristown Road. West
Hamilton Avenue From Harristown Road North to Emerson Road East
Harristown Road From Berkeley Place west to Gramercy Place. North
G. Parking permits shall be displayed in accordance with written instructions provided by the Glen Rock Board of Education at the time the permit is issued.
H. Any person violating any of the above provisions of this article shall, upon conviction thereof, be punished by a fine in accordance with the violation and penalties section 150-4 of this chapter.
Section II. VALIDITY-SEVERABILITY If the provisions of any section, subsection, paragraph, subdivision, or clause of this Ordinance shall be held invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of this Ordinance but such judgment shall be confined in its operation to the section, paragraph,
subdivision or clause directly involved in the controversy in which said judgment shall have been rendered.
Section III All Ordinances or parts of Ordinances inconsistent with the provisions hereof are hereby repealed.
Section IV This Ordinance shall take effect on April 1, 2009 and upon passage as required by law.
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Ordinance Procedure: # 1582 (Clothing Bins)
Date of Final Reading: January 28, 2009
Date of Introduction: January 14, 2009
A motion to open this ordinance for public comment was made by Council member Surrago, seconded by Council member Biggs. All were in favor.
Jim Seaton – Ferndale Avenue – Mr. Seaton asked if there would be any charge for the bins.
Mayor van Keuren replied there is an annual permit fee of $25, which has been mandated by the State. There is no charge for a resident to deposit clothing in the bins.
A motion to close this ordinance for public comment was made by Council member Surrago, seconded by Council member Biggs. All were in favor.
Council Resolution # 58-09
Introduced: Council Member Surrago
Seconded Council Member Biggs
AN ORDINANCE TO AMEND CHAPTER 133 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF GLEN ROCK - 1971 AS AMENDED ENTITLED "LICENSING"; TO ESTABLISH REGULATIONS AND PERMIT REQUIREMENTS FOR THE PLACEMENT AND USE OF CHARITABLE CLOTHING BINS THROUGHOUT THE BOROUGH
Be passed upon second and final reading, and that the Borough Clerk be, and is hereby authorized and directed, to advertise the same according to law by publishing the same by title in the Bergen Record.
ROLL CALL:
Council Member O’Hagan –yes
Council Member Pazan - yes
Council Member Arnao - yes
Council Member Orseck – yes
Council Member Surrago - yes
Council Member Biggs - yes
Ordinance Procedure: # 1583 (Police Salaries)
Date of Final Reading: January 28, 2009
Date of Introduction: January 14, 2009
A motion to open this ordinance for public comment was made by Council member Pazan, seconded by Council member Orseck. All were in favor.
A motion to close this ordinance for public comment was made by Council member Pazan, seconded by Council member Orseck. All were in favor.
Council Resolution # 59-09
Introduced: Council Member Pazan
Seconded Council Member Orseck
AN AMENDMENT TO AN ORDINANCE TO FIX THE COMPENSATION OF CERTAIN OFFICERS AND EMPLOYEES OF THE BOROUGH OF GLEN ROCK, BERGEN COUNTY, NEW JERSEY.
Be passed upon second and final reading, and that the Borough Clerk be, and is hereby authorized and directed, to advertise the same according to law by publishing the same by title in the Bergen Record.
ROLL CALL:
Council Member O’Hagan -yes
Council Member Pazan - yes
Council Member Arnao - yes
Council Member Orseck – yes
Council Member Surrago - yes
Council Member Biggs - yes
BOROUGH OF GLEN ROCK
ORDINANCE NO. 1583
AN AMENDMENT TO AN ORDINANCE TO FIX THE COMPENSATION OF CERTAIN OFFICERS AND EMPLOYEES OF THE BOROUGH OF GLEN ROCK, BERGEN COUNTY, NEW JERSEY.
BE IT ORDAINED, by the Borough Council of the Borough of Glen Rock in the County of Bergen, New Jersey as follows:
SECTION 1. That there is hereby established salary and wages for the classification of certain employees herein below set forth:
SECTION 2. All Salaries herein above listed are to be considered as annual salaries unless otherwise designated.
SECTION 3. The Annual Salaries, weekly wages, and hourly wages shall be paid in bi-weekly installments.
SECTION 4. The amount to be paid to each officer or employee within the salary and wage range shall be fixed from time to time by resolution of the Mayor and Council.
SECTION 5. In addition to the salary ranges indicated above, longevity pay will be given to full-time Police Officers at the rate of two (2%) per cent for each four years of service not to exceed twelve (12%) per cent or the amount set forth in the contract. Longevity credit will be computed and paid semi-annually each year (January 1 and July 1) and semi-annually thereafter. Employees who serve in more than one capacity and spend their full time in Borough Service shall be considered a full-time employee for the purpose of longevity.
SECTION 6. In addition to the salary ranges indicated above, longevity pay will be given to full-time Police Employees as specified in the contract.
SECTION 7. The provisions of any ordinance or ordinances inconsistent with the provisions hereof are hereby expressly repealed.
SECTION 8. Where labor contract prevails, terms and conditions of the contract shall supersede this ordinance.
SECTION 9. This ordinance shall take effect retroactive to January 1, 2009 upon passage and publication as required by law.
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Ordinance Procedure: # 1584 (DPW Salaries)
Date of Final Reading: January 28, 2009
Date of Introduction: January 14, 2009
A motion to open this ordinance for public comment was made by Council member Pazan, seconded by Council member Orseck. All were in favor.
A motion to close this ordinance for public comment was made by Council member Pazan, seconded by Council member Orseck. All were in favor.
Council Resolution # 60-09
Introduced: Council Member Pazan
Seconded Council Member Orseck
AN AMENDMENT TO AN ORDINANCE TO FIX THE COMPENSATION OF CERTAIN OFFICERS AND EMPLOYEES OF THE BOROUGH OF GLEN ROCK, BERGEN COUNTY, NEW JERSEY
Be passed upon second and final reading, and that the Borough Clerk be, and is hereby authorized and directed, to advertise the same according to law by publishing the same by title in the Bergen Record.
ROLL CALL:
Council Member O’Hagan - yes
Council Member Pazan - yes
Council Member Arnao - yes
Council Member Orseck – yes
Council Member Surrago - yes
Council Member Biggs – yes
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Ordinance Procedure: # 1585 (Non-Union Personnel)
Date of Final Reading: January 28, 2009
Date of Introduction: January 14, 2009
A motion to open this ordinance for public comment was made by Council member Pazan, seconded by Council member Orseck. All were in favor.
A motion to close this ordinance for public comment was made by Council member Pazan, seconded by Council member Orseck. All were in favor.
Council Resolution # 61-09
Introduced: Council Member Pazan
Seconded Council Member Orseck
AN AMENDMENT TO AN ORDINANCE TO FIX THE COMPENSATION OF CERTAIN OFFICERS AND EMPLOYEES OF THE BOROUGH OF GLEN ROCK, BERGEN COUNTY, NEW JERSEY
Be passed upon second and final reading, and that the Borough Clerk be, and is hereby authorized and directed, to advertise the same according to law by publishing the same by title in the Bergen Record.
ROLL CALL:
Council Member O’Hagan -yes
Council Member Pazan - yes
Council Member Arnao - yes
Council Member Orseck – yes
Council Member Surrago - yes
Council Member Biggs - yes
BOROUGH OF GLEN ROCK
ORDINANCE NO. 1585
AN AMENDMENT TO AN ORDINANCE TO FIX THE COMPENSATION OF CERTAIN OFFICERS AND EMPLOYEES OF THE BOROUGH OF GLEN ROCK, BERGEN COUNTY, NEW JERSEY.
BE IT ORDAINED, by the Borough Council of the Borough of Glen Rock in the County of Bergen, New Jersey as follows:
SECTION 1. That there is hereby established salary and wages for the classification of certain employees herein below set forth:
OFFICIALS MINIMUM MAXIMUM
Mayor $ 4,100.00
Councilman 3,000.00
ADMINISTRATIVE & EXECUTIVE
Borough Administrator
$35,000.00
55,000.00
Borough Clerk
40,000.00
75,000.00
Clerk Secretary
29,000.00
50,000.00
Part Time – Clerical
7.15 per hour
34.00 per hour
Part Time – Computer Consultant
20.00 per hour
50.00 per hour
ASSESSMENT & COLLECTION
Assessor
25,000.00
39,000.00
Assessor’s Secretary
8,000.00
30,000.00
Collector
40,000.00
67,000.00
Assistant Cashier
25,000.00
44,000.00
Part Time Clerical
7.15 per hour
30.00 per hour
LEGAL
Borough Attorney
13,000.00
MUNICIPAL COURT
Judge
10,000.00
21,000.00
Court Administrator
30,000.00
65,000.00
Deputy Court Administrator
20,000.00
36,000.00
Part Time Clerical 7.15 per hour 30.00 per hour
PUBLIC BUILDING
Custodian 30,000.00 67,000.00
POLICE DEPARTMENT
Chief
85,000.00
135,000.00
Captain
80,000.00
133,000.00
Adminis. Aid/Records Mngmt
30,000.00
46,000.00
Business Sec/Records Clerk
23,000.00
46,000.00
Support Personnel (Pt time)
9.00 per hour
26.00 per hour
School Crossing Guards
9.00 per hour
26.00 per hour
Police Matron – Part Time
9.00 per hour
26.00 per hour
Parking Enforcement Officer
9.00 per hour
26.00 per hour
Emergency Management Coord.
5,000.00
8,800.00
Assist. Emergency Mngmt Coord.
1,000.00
4,600.00
CODE ENFOCEMENT OFFICE
Const. Off/Code Enf Off
30,000.00
110,000.00
Plumbing Inspector
20,000.00
33,000.00
Electrical Inspector
20,000.00
30,000.00
Technical Asst/Office Mgr.
20,000.00
50,000.00
Technical Assistant
20,000.00
46,000.00
Building Inspector
10,000.00
71,000.00
Fire Sub Code Official
10,000.00
28,000.00
Part Time Clerical 12.00 per hour 34.00 per hour
FIRE PREVENTION CODE ENFORCEMENT
Fire Prevention Officer
5,000.00
23,000.00
Fire Safety Inspector
7.15 per hour 24.00 per hour
Fire Prevention Secretary
7.15 per hour 18.00 per hour
ZONING & PLANNING
Land Use Administrator
6,000.00
34,000.00
Zoning Official
15,000.00
34,000.00
Zoning/Planning Board Secty
15,000.00
36,000.00
PUBLIC WORKS
Director
50,000.00
99,000.00
Office Secretary/Clerical
30,000.00
50,000.00
Clerical
7.15 per hour 34.00 per hour
Seasonal Help
7.15 per hour 22.00 per hour
Litter Patrol
7.15 per hour 12.00 per hour
Sidewalk Inspector
1,500.00
4,400.00
Storm Water Mngmt Coord.
1,000.00
4,400.00
Sewer Operations consultant
1,000.00
6,600.00
RECYCLING
Recycling Coordinator
40,000.00
81,000.00
Landfill Attendant
7.15 per hour 34.00 per hour
Recycling Attendants
7.15 per hour 32.00 per hour
BOARD OF HEALTH
Secretary
1,000.00
4,200.00
TRANSPORTATION
Driver
15.00 per hour 22.00 per hour
Transportation Coordinator
7.15 per hour 30.00 per hour
RECREATION
Director
8,000.00
50,000.00
Playground Supervisor
2,000.00
9,464.00
Playground Instructor
7.15 per hour 18.00 per hour
Kindergarten Swim Director
900.00
3,400.00
Kindergarten Swim Assistant
7.15 per hour 22.00 per hour
Open Gym Program
7.15 per hour 18.00 per hour
Shack Program Director
2,000.00
5,000.00
POOL
Director
5,500.00
17,000.00
Assistant Director
3,200.00
10,000.00
Head Guard
2,600.00
12,000.00
Swim Team Coach
700.00
4,000.00
Assistant Swim Team coach
100.00
2,000.00
Lifeguard
7.15 per hour
15.00 per hour
Gate
7.15 per hour
15.00 per hour
Maintenance
8.00 per hour
21.00 per hour
LIBRARY
Director
65,000.00
93,000.00
Assistant Director
50,000.00
69,000.00
Supervising Children’s Libr.
40,000.00
56,000.00
Adminis. Secy./Bookkeeper
34,000.00
50,000.00
Supervising Library Assist.
27,000.00
42,000.00
Senior Library Assistant
25,000.00
39,000.00
Library Assistant
21,500.00
34,000.00
Children’s Room Library Asst
21,500.00
34,000.00
Custodian
26,000.00
45,000.00
Extra Help-Part Time
6.15 per hour
40.00 per hour
Board Recording Secretary
60.00 per meeting 73.00 per meeting
SECTION 2. All salaries herein above listed are to be considered as annual salaries unless otherwise designated.
SECTION 3. The Annual Salaries, weekly wages, and hourly wages shall be paid in bi-weekly installments, except that the Mayor and Council, Secretary of the Board of Health may be compensated quarterly.
SECTION 4. The amount to be paid to each officer or employee within the salary and wage range shall be fixed from time to time by resolution of the Mayor and Council.
SECTION 5. In addition to the salary ranges indicated above, longevity pay will be given to full-time Public Works personnel, Sanitation personnel, and Administrative personnel hired before 1-1-77 and Police Officers at the rate of two (2%) per cent for each four years of service not to exceed twelve (12%) per cent or the amount set forth in the contract. Longevity credit will be computed and paid semi-annually each year (January 1 and July 1) and semi-annually thereafter. Employees who serve in more that one capacity and spend their full time in Borough Service shall be considered a full-time employee for the purpose of longevity.
SECTION 6. The Mayor and Council may allow a onetime payment of $500 - $1,000 for employees who have attended classes and have earned a certification appropriate to their position or department.
SECTION 7. The provisions of any ordinance or ordinances inconsistent with the provisions hereof are hereby expressly repealed.
SECTION 8. Where labor contract prevails, terms and conditions of the contract shall supersede this ordinance.
SECTION 9. This ordinance shall take effect retroactive to January 1, 2009 upon passage and publication as required by law.
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Ordinance Procedure: # 1586 (Zoning Adjustments)
Date of Final Reading:
Date of Introduction: January 14, 2009
A motion to open this ordinance for public comment was made by Council member Pazan, seconded by Council member Biggs. All were in favor.
Keshav Havnurkar – 987 S. Maple Avenue – Mr. Havnurkar asked if portions of lots 23 and 24 are being converted or are the entire lots being converted.
Mr. Garibaldi replied it was his understanding from the Planning Board that they wanted to make lots 23 and 24, in their entirety, commercial zones.
Mr. Havnurkar disagreed stating the Planning Board requested only portions of lots 23 and 24 be commercial and the wooded area of these lots remain residential.
A motion to close this ordinance for public comment was made by Council member Pazan, seconded by Council member Biggs. All were in favor.
Motion to table Ordinance #1586 until February 2, 2009
Council Member O’Hagan
Seconded Council Member Arnao
ROLL CALL:
Council Member O’Hagan - yes
Council Member Pazan - no
Council Member Arnao - yes
Council Member Orseck – yes
Council Member Surrago - yes
Council Member Biggs – yes
AN ORDINANCE OF THE BOROUGH OF GLEN ROCK IN THE COUNTY OF BERGEN AND STATE OF NEW JERSEY TO AMEND CHAPTER 230 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF GLEN ROCK, 1971, AS AMENDED, ENTITLED "ZONING"; BEING AN ORDINANCE ESTABLISHING UNIFORM RULES AND REGULATIONS FOR ZONING WITHIN THE BOROUGH OF GLEN ROCK; TO PROVIDE FOR MINOR ADJUSTMENTS TO ZONING DISTRICTS
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Ordinance Procedure: # 1587 (Fees charged for Resident Commuter Shuttle Bus)
Date of Final Reading: January 28, 2009
Date of Introduction: January 14, 2009
A motion to open this ordinance for public comment was made by Council member Surrago, seconded by Council member Orseck. All were in favor.
A motion to close this ordinance for public comment was made by Council member Surrago, seconded by Council member Orseck. All were in favor.
Council Resolution # 62-09
Introduced: Council Member Surrago
Seconded Council Member Orseck
AN ORDINANCE TO AMEND CHAPTER 101 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF GLEN ROCK - 1971 AS AMENDED ENTITLED "FEES” BEING AN ORDINANCE COVERING FEES CHARGED BY VARIOUS AGENCIES, BUREAUS AND DEPARTMENTS WITHIN THE BOROUGH; TO PROVIDE FOR FEES FOR THE RESIDENT COMMUTER SHUTTLE BUS SERVICE TO BUS/TRAIN STATIONS ONLY
Be passed upon second and final reading, and that the Borough Clerk be, and is hereby authorized and directed, to advertise the same according to law by publishing the same by title in the Bergen Record.
ROLL CALL:
Council Member O’Hagan - yes
Council Member Pazan - yes
Council Member Arnao - yes
Council Member Orseck – yes
Council Member Surrago - yes
Council Member Biggs - yes
BOROUGH OF GLEN ROCK
ORDINANCE NO. 1587
AN ORDINANCE TO AMEND CHAPTER 101 OF THE REVISED
GENERAL ORDINANCES OF THE BOROUGH OF GLEN ROCK - 1971
AS AMENDED ENTITLED "FEES” BEING AN ORDINANCE
COVERING FEES CHARGED BY VARIOUS AGENCIES, BUREAUS
AND DEPARTMENTS WITHIN THE BOROUGH; TO PROVIDE FOR
FEES FOR THE RESIDENT COMMUTER SHUTTLE BUS
SERVICE TO BUS/TRAIN STATIONS ONLY
Section I - Chapter 101 of the Revised General Ordinances of the Borough of Glen Rock 1971 as amended being an Ordinance entitled "Fees" is hereby amended by adding thereto the following:
A. Chapter 101 of the Revised General Ordinance of the Borough of Glen Rock, 1971 as amended, entitled “Fees” is hereby amended as follows:
1. Section 101.20 entitled “Commuter Shuttle Transportation” is deleted in it’s entirety and replaced with the following:
“101.20 Commuter Shuttle Transportation.
The Borough provides a vehicle for the use of its residents for shuttle bus service to/from the various bus stops and train stations within the Borough. The Borough Clerk, or his/her designee, is hereby authorized to issue fare cards or books for the use of the shuttle bus service. If any patron does not have the Borough-issued fare card, the bus driver shall have the authority to deny access to the bus. The fee for the use of this service is set forth herein.
A. The annual fee (to be prorated if less than a 12 month period) for a Borough resident’s unlimited use of the commuter shuttle bus service is as follows:
i. $75 per annum.
ii. $50 per annum for each additional household member.
B. The per use fee for each resident using the commuter shuttle bus service is as follows:
i. $10 for a 10 ride trip ticket book.
Section II. VALIDITY-SEVERABILITY If the provisions of any section, subsection, paragraph, subdivision, or clause of this Ordinance shall be held invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of this Ordinance but such judgment shall be confined in its operation to the section, paragraph, subdivision or clause directly involved in the controversy in which said judgment shall have been rendered.
Section III All Ordinances or parts of Ordinances inconsistent with the provisions hereof are hereby repealed.
Section IV This Ordinance shall take effect upon passage as required by law.
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Ordinance Procedure: # 1588 (Modify Parking Restrictions)
Date of Final Reading: January 28, 2009
Date of Introduction: January 14, 2009
A motion to open this ordinance for public comment was made by Council member O’Hagan, seconded by Council member Pazan. All were in favor.
A motion to close this ordinance for public comment was made by Council member O’Hagan, seconded by Council member Pazan. All were in favor.
Council Resolution # 63-09
Introduced: Council Member O’Hagan
Seconded Council Member Pazan
AN ORDINANCE TO AMEND CHAPTER 216 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF GLEN ROCK - 1971 AS AMENDED ENTITLED "VEHICLES AND TRAFFIC” BEING AN ORDINANCE REGULATING THE PARKING AND OPERATION OF VEHICLES WITHIN THE BOROUGH; TO LIMIT PARKING ON CERTAIN STREETS WITHIN THE BOROUGH
Be passed upon second and final reading, and that the Borough Clerk be, and is hereby authorized and directed, to advertise the same according to law by publishing the same by title in the Bergen Record.
ROLL CALL:
Council Member O’Hagan - yes
Council Member Pazan - yes
Council Member Arnao - yes
Council Member Orseck – yes
Council Member Surrago - yes
Council Member Biggs - yes
BOROUGH OF GLEN ROCK
ORDINANCE NO. 1588
AN ORDINANCE TO AMEND CHAPTER 216 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF GLEN ROCK - 1971 AS AMENDED ENTITLED "VEHICLES AND TRAFFIC” BEING AN ORDINANCE REGULATING THE PARKING AND OPERATION OF VEHICLES WITHIN THE BOROUGH; TO LIMIT PARKING ON CERTAIN STREETS WITHIN THE BOROUGH
BE IT ORDAINED by the Borough Council, the Borough of Glen Rock, County of
Bergen, State of New Jersey, as follows:
Section I - Chapter 216 of the Revised General Ordinances of the Borough of Glen Rock 1971 as amended being an Ordinance entitled "Vehicles and Traffic" is hereby amended as to the following section:
1. Subsection 30 entitled “Schedule III: Time Limit Parking” is hereby amended by deleting there from the following:
Name of Street Side Time Limit Location
Rock Road North Monday Between the easterly boundary
through of Main Line Railroad and the
Saturday; Railroad westerly boundary of the
2 hours Bergen County Branch Railroad, except for the following areas where it shall be prohibited:
A. A distance of 60 feet west of the westerly curbline of Glen Avenue.
B. A distance of 43 feet east of the easterly curbline of Glen Avenue.
C. A distance of 30 feet west of the westerly curbline of the Valley Road.
D. A distance of 22 feet west of the westerly curbline of the Bergen County Branch.
E. A distance of 20 feet east of the easterly curbline of Valley Road.
F. On the northerly curb of Rock Road between the westerly boundary of Main Line Railroad and a point 250 feet from the easterly curbline of Doremus Avenue.
G. Crosswalk from east boundary of the Main Line Railroad 185 feet, for a distance of 35 feet.
2. Subsection 30 entitled “Schedule III: Time Limit Parking” is hereby amended by adding thereto the following:
Name of Street Side Time Limit Location
Rock Road North Monday Between the easterly boundary
through of Main Line Railroad and the
Saturday; Railroad westerly boundary of the
1 hour Bergen County Branch Railroad, except for the following areas where it shall be prohibited:
A. A distance of 60 feet west of the westerly curbline of Glen Avenue.
B. A distance of 43 feet east of the easterly curbline of Glen Avenue.
C. A distance of 30 feet west of the westerly curbline of the Valley Road.
D. A distance of 22 feet west of the westerly curbline of the Bergen County Branch.
E. A distance of 20 feet east of the easterly curbline of Valley Road.
F. On the northerly curb of Rock Road between the westerly boundary of Main Line Railroad and a point 250 feet from the easterly curbline of Doremus Avenue.
G. Crosswalk from east
Boundary of the Main Line Railroad 185 feet for a distance of 35 feet.
Section II. VALIDITY-SEVERABILITY If the provisions of any section, subsection, paragraph, subdivision, or clause of this Ordinance shall be held invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of this Ordinance but such judgment shall be confined in its operation to the section, paragraph, subdivision or clause directly involved in the controversy in which said judgment shall have been rendered.
Section III All Ordinances or parts of Ordinances inconsistent with the provisions hereof are hereby repealed.
Section IV This Ordinance shall take effect upon passage as required by law.
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Ordinance Procedure: # 1589 (Developer’s Fee)
Date of Final Reading: January 28, 2009
Date of Introduction: January 14, 2009
A motion to open this ordinance for public comment was made by Council member Orseck, seconded by Council member Arnao. All were in favor.
A motion to close this ordinance for public comment was made by Council member Orseck, seconded by Council member Arnao. All were in favor.
Council Resolution # 64-09
Introduced: Council Member Orseck
Seconded Council Member Arnao
AN ORDINANCE TO AMEND CHAPTER 101 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF GLEN ROCK - 1971 AS AMENDED ENTITLED "FEES" BEING AN ORDINANCE COVERING FEES CHARGED BY VARIOUS AGENCIES, BUREAUS AND DEPARTMENTS WITHIN THE BOROUGH OF GLEN ROCK: TO ESTABLISH A DEVELOPMENT FEE PERTAINING TO THE COUNCIL ON AFFORDABLE HOUSING
Be passed upon second and final reading, and that the Borough Clerk be, and is hereby authorized and directed, to advertise the same according to law by publishing the same by title in the Bergen Record.
ROLL CALL:
Council Member O’Hagan -no
Council Member Pazan - yes
Council Member Arnao - yes
Council Member Orseck – yes
Council Member Surrago - yes
Council Member Biggs - yes
BOROUGH OF GLEN ROCK
ORDINANCE NO. 1589
AN ORDINANCE TO AMEND CHAPTER 101 OF THE
REVISED GENERAL ORDINANCES OF THE BOROUGH
OF GLEN ROCK - 1971 AS AMENDED ENTITLED "FEES" BEING
AN ORDINANCE COVERING FEES CHARGED BY VARIOUS AGENCIES, BUREAUS AND DEPARTMENTS WITHIN THE BOROUGH OF GLEN ROCK:
TO ESTABLISH A DEVELOPMENT FEE PERTAINING
TO THE COUNCIL ON AFFORDABLE HOUSING
BE IT ORDAINED by the Borough Council, the Borough of Glen Rock, County of Bergen, State of New Jersey, as follows:
Section I - Chapter 101 of the Revised General Ordinances of the Borough of Glen Rock 1971 as amended being an Ordinance entitled "Fees" is hereby amended as follows:
A. There is added thereto a new Section 101-20 entitled “Development Fees” to read as follows:
101-20. Development Fee.
A. Purpose.
a) In Holmdel Builder’s Association V. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A. 52:27d-301 et seq., and the State Constitution, subject to the Council on Affordable Housing’s (COAH’s) adoption of rules.
b) Pursuant to P.L.2008, c.46 section 8 ( C. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act ( C. 40:55D-8.1 through 8.7), COAH is authorized to adopt and promulgate regulations necessary for the establishment, implementation, review, monitoring and enforcement of municipal affordable housing trust funds and corresponding spending plans. Municipalities that are under the jurisdiction of the Council or court of competent jurisdiction and have a COAH-approved spending plan may retain fees collected from non-residential development.
c) This ordinance establishes standards for the collection, maintenance, and expenditure of development fees pursuant to COAH’s regulations and in accordance P.L.2008, c.46, Sections 8 and 32-38. Fees collected pursuant to this ordinance shall be used for the sole purpose of providing low- and moderate-income housing. This ordinance shall be interpreted within the framework of COAH’s rules on development fees, codified at N.J.A.C. 5:97-8.
B. Basic Requirements.
a) This ordinance shall not be effective until approved by COAH pursuant to N.J.A.C. 5:96-5.1.
b) The Borough of Glen Rock shall not spend development fees until COAH has approved a plan for spending such fees in conformance with N.J.A.C. 5:97-8.10 and N.J.A.C. 5:96-5.3.
C. Definitions.
The following terms, as used in this ordinance, shall have the following meanings:
i. “Affordable housing development” means a development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100 percent affordable development.
ii. “COAH” or the “Council” means the New Jersey Council on Affordable Housing established under the Act which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the State.
iii. Development Fee” means money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.
iv. “Developer” means the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
v. “Equalized assessed value” means the assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with sections 1, 5, and 6 of P.L.1973, c.123 (C.54:1-35a through C.54:1-35c).
vi. “Green building strategies” means those strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.
D. Residential Development Fees.
a) Imposed fees.
i. Within all of the residential zoning district(s), residential developers, except for developers of the types of development specifically exempted below, shall pay a fee of one (1%) percent of the equalized assessed value for residential development provided no increased density is permitted.
ii. When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known as a “d” variance) has been permitted, developers may be required to pay a development fee of six (6%) percent of the equalized assessed value for each additional unit that may be realized. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.
Example: If an approval allows four units to be constructed on a site that was zoned two units, the fees could equal one (1%) percent of the equalized assessed value on the first two units; and six (6%) percent of the equalized assessed value for the two additional units, provided zoning on the site has not changed during the two-year period preceding the filing of such a variance application.
b) Eligible exactions, ineligible exactions and exemptions for residential development.
i. Affordable housing developments, developments where the developer is providing for the construction of affordable units elsewhere in the municipality and developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from development fees.
ii. Developments that have received preliminary or final site plan approval prior to the adoption of a municipal development fee ordinance shall be exempt from development fees, unless the developer seeks a substantial change in the approval. Where a site plan approval does not apply, a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for this purpose. The fee percentage shall be vested on the date that the building permit is issued.
iii. Development fees shall be imposed and collected when an existing structure undergoes a change to a more intense use, is demolished and replaced, or is expanded, if the expansion is not otherwise exempt from the development fee requirement. The development fee shall be calculated on the increase in the equalized assessed value of the improved structure.
iv. Owner-occupied residential structures demolished and replaced as a result of a fire, flood or natural disaster shall be exempt from paying a development fee.
E. Non-residential Development Fees.
a. Imposed fees.
i. Within all zoning districts, non-residential developers, shall pay a fee equal to two and one-half (2.5%) percent of the equalized assessed value of the land and improvements, for all new non-residential construction on an unimproved lot or lots.
ii. Non-residential developers, except for developers of the types of development specifically exempted, shall also pay a fee equal to two and one-half (2.5%) percent of the increase in equalized assessed value resulting from any additions to existing structures to be used for non-residential purposes.
iii. Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of two and a half percent (2.5%) shall be calculated on the difference between the equalized assessed value of the pre-existing land and improvement and the equalized assessed value of the newly improved structure, i.e. land and improvement, at the time final certificate of occupancy is issued. If the calculation required under this section results in a negative number, the non-residential development fee shall be zero.
b. Eligible Exactions, Ineligible Exactions and Exemptions for Non-Residential Development.
i. The non-residential portion of a mixed-use inclusionary or market rate development shall be subject to the two and a half (2.5%) percent development fee, unless otherwise exempted below.
ii. The 2.5 percent fee shall not apply to an increase in equalized assessed value resulting from alterations, change in use within existing footprint, reconstruction, renovations and repairs.
iii. Non-residential developments shall be exempt from the payment of non-residential development fees in accordance with the exemptions required pursuant to P.L.2008, c.46, as specified in the Form N-RDF “State of New Jersey Non-Residential Development Certification/Exemption” Form. Any exemption claimed by a developer shall be substantiated by that developer.
iv. A developer of a non-residential development exempted from the non-residential development fee pursuant to P.L.2008, c.46 shall be subject to it at such time the basis for the exemption no longer applies, and shall make the payment of the non-residential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy of the non-residential development, whichever is later.
v. If a property which was exempted from the collection of a non-residential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of the termination of the property tax exemption. Unpaid non-residential development fees under these circumstances may be enforceable by the Borough of Glen Rock as a lien against the real property of the owner.
F. Collection Procedures.
i. Upon the granting of a preliminary, final or other applicable approval, for a development, the applicable approving authority shall direct its staff to notify the construction official responsible for the issuance of a building permit.
ii. For non-residential developments only, the developer shall also be provided with a copy of Form N-RDF “State of New Jersey Non-Residential Development Certification/Exemption” to be completed as per the instructions provided. The Developer of a non-residential development shall complete Form N-RDF as per the instructions provided. The construction official shall verify the information submitted by the non-residential developer as per the instructions provided in the Form N-RDF. The Tax assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.
iii. The construction official responsible for the issuance of a building permit shall notify the local tax assessor of the issuance of the first building permit for a development which is subject to a development fee.
iv. Within ninety (90) days of receipt of that notice, the municipal tax assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development.
v. The construction official responsible for the issuance of a final certificate of occupancy notifies the local assessor of any and all requests for the scheduling of a final inspection on property which is subject to a development fee.
vi. Within ten (10) business days of a request for the scheduling of a final inspection, the municipal assessor shall confirm or modify the previously estimated equalized assessed value of the improvements of the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.
vii. Should the Borough of Glen Rock fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in subsection b. of section 37 of P.L.2008, c.46 (C.40:55D-8.6).
viii. The developer shall pay 100 percent of the calculated development fee amount prior to the municipal issuance of a final certificate of occupancy for the subject property.
G) Appeal of Development Fees.
i. A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by the Board, collected fees shall be placed in an interest bearing escrow account by the Borough of Glen Rock. Appeals from a determination of the Board may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, R.S.54:48-1 et seq., within ninety (90) days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
ii. A developer may challenge non-residential development fees imposed by filing a challenge with the Director of the Division of Taxation. Pending a review and determination by the Director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest bearing escrow account by the Borough of Glen Rock. Appeals from a determination of the Director may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, R.S.54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
H. Affordable Housing Trust Fund.
a) There is hereby created a separate, interest-bearing housing trust fund to be maintained by the Chief Financial Officer or Deputy Chief Financial Officer for the purpose of depositing development fees collected from residential and non-residential developers and proceeds from the sale of units with extinguished controls.
b) The following additional funds shall be deposited in the Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:
1. Payments in lieu of on-site construction of affordable units;
2. Developer contributed funds to make ten percent (10%) of the adaptable entrances in a townhouse or other multistory attached development accessible;
3. Rental income from municipally operated units;
4. Repayments from affordable housing program loans;
5. Recapture funds;
6. Proceeds from the sale of affordable units; and
7. Any other funds collected in connection with the Borough of Glen Rock’s affordable housing program.
c) Within seven (7) days from the opening of the trust fund account, the Borough of Glen Rock shall provide COAH with written authorization, in the form of a three-party escrow agreement between the municipality, the bank, and COAH to permit COAH to direct the disbursement of the funds as provided for in N.J.A.C. 5:97-8.13(b).
d) All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by COAH.
I. Use of Funds.
a) The expenditure of all funds shall conform to a spending plan approved by COAH. Funds deposited in the housing trust fund may be used for any activity approved by COAH to address the Borough of Glen Rock’s fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to: preservation or purchase of housing for the purpose of maintaining or implementing affordability controls, rehabilitation, new construction of affordable housing units and related costs, accessory apartment, market to affordable, or regional housing partnership programs, conversion of existing non-residential buildings to create new affordable units, green building strategies designed to be cost saving and in accordance with accepted national or state standards, purchase of land for affordable housing, improvement of land to be used for affordable housing, extensions or improvements of roads and infrastructure to affordable housing sites, financial assistance designed to increase affordability, administration necessary for implementation of the Housing Element and Fair Share Plan, or any other activity as permitted pursuant to N.J.A.C. 5:97-8.7 through 8.9 and specified in the approved spending plan.
b) Funds shall not be expended to reimburse the Borough of Glen Rock for past housing activities.
c) At least thirty (30) percent of all development fees collected and interest earned shall be used to provide affordability assistance to low- and moderate-income households in affordable units included in the municipal Fair Share Plan. One-third of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to those households earning thirty (30) percent or less of median income by region.
i. Affordability assistance programs may include down payment assistance, security deposit assistance, low interest loans, rental assistance, assistance with homeowners association or condominium fees and special assessments, and assistance with emergency repairs.
ii. Affordability assistance to households earning thirty (30) percent or less of median income may include buying down the cost of low or moderate income units in the municipal Fair Share Plan to make them affordable to households earning thirty (30) percent or less of median income.
iii. Payments in lieu of constructing affordable units on site and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.
d) The Borough of Glen Rock may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including the requirement for affordability assistance, in accordance with N.J.A.C. 5:96-18.
e) No more than 20 percent of all revenues collected from development fees, may be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to develop or implement a new construction program, a Housing Element and Fair Share Plan, and/or an affirmative marketing program. In the case of a rehabilitation program, no more than 20 percent of the revenues collected from development fees shall be expended for such administrative expenses. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with COAH’s monitoring requirements. Legal or other fees related to litigation opposing affordable housing sites or objecting to the Council’s regulations and/or action are not eligible uses of the affordable housing trust fund.
J. Monitoring.
a) The Borough of Glen Rock shall complete and return to COAH all monitoring forms included in monitoring requirements related to the collection of development fees from residential and non-residential developers, payments in lieu of constructing affordable units on site, funds from the sale of units with extinguished controls, barrier free escrow funds, rental income, repayments from affordable housing program loans, and any other funds collected in connection with the Borough of Glen Rock’s housing program, as well as to the expenditure of revenues and implementation of the plan certified by COAH. All monitoring reports shall be completed on forms designed by COAH.
K. Ongoing Collection of Fees.
a) The ability for the Borough of Glen Rock to impose, collect and expend development fees shall expire with its substantive certification unless the Borough of Glen Rock has filed an adopted Housing Element and Fair Share Plan with COAH, has petitioned for substantive certification, and has received COAH’s approval of its development fee ordinance. If the Borough of Glen Rock fails to renew its ability to impose and collect development fees prior to the expiration of substantive certification, it may be subject to forfeiture of any or all funds remaining within its municipal trust fund. Any funds so forfeited shall be deposited into the "New Jersey Affordable Housing Trust Fund" established pursuant to section 20 of P.L.1985, c.222 (C.52:27D-320). The Borough of Glen Rock shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its substantive certification or judgment of compliance, nor shall the Borough of Glen Rock retroactively impose a development fee on such a development. The Borough of Glen Rock shall not expend development fees after the expiration of its substantive certification or judgment of compliance.”
Section II. VALIDITY-SEVERABILITY If the provisions of any section, subsection, paragraph, subdivision, or clause of this Ordinance shall be held invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of this
Ordinance but such judgment shall be confined in its operation to the section, paragraph, subdivision or clause directly involved in the controversy in which said judgment shall have been rendered.
Section III All Ordinances or parts of Ordinances inconsistent with the provisions hereof are hereby repealed.
Section IV This Ordinance shall take effect upon passage as required by law and upon receipt of COAH approval.
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At this time Resolutions #4 and #5 were re-visited.
4. Resolution for 2009 DPW Salaries
Resolution No. 65-09
Offered by Council Member O’Hagan
Seconded by Council Member Pazan
RESOLVED, that the following hourly rates be authorized and approved for the years 2009:
PUBLIC WORKS 2009
Thomas Adams, Asst. Mech
$ 32.94
Anthony Della Sala, Laborer
30.62
Carlos Figueroa, Foreman
32.42
Alfred Eleby, Laborer
30.62
Joseph Fenui, Laborer
30.62
Fredrick Green, Foreman
32.42
Whitfield Jones, Laborer
30.62
David Maley, Laborer
30.62
Matt Malone, Laborer
30.62
Edward Merrill, Mechanic
34.24
Gerald Nunnally, Laborer
30.62
Roger Porter, Foreman
32.42
Lyle Robinson, Laborer
30.62
Jim Saxton, Foreman
32.42
SANITATION
Dale Hemkes, Driver
31.63
Jimmy Lucarello, Driver
31.63
Scott Manning, Driver
31.63
James Anthony, Swingman
29.11
Christopher Davey, Swingman
29.11
David Edson, Loader
29.11
Michael Lemire, Swingman
29.11
Joseph Nunnally, Swingman (1-1-09) 26.20
Joseph Nunnally, Swingman (7-1-09) 27.65
Keith Rietema, Loader
29.11
David Stuber, Swingman (1-1-09)
26.20
David Stuber, Swinman (7-1-09)
27.65
Keith O’Malley, Swingman (1-1-09)
24.74
Keith O’Malley, Swingman (7-1-09)
26.20
RECYCLING
John Claehsen, Laborer
30.62
Aaron L. Harris Jr, Laborer
30.62
Thomas Hamill
30.62
All salaries in this resolution are annual salaries unless otherwise stated.
ROLL CALL:
Council Member O’Hagan – yes
Council Member Pazan - yes
Council Member Arnao - yes
Council Member Orseck - yes
Council Member Surrago - yes
Council Member Biggs - yes
5. Resolution for 2009 Police Salaries
Resolution No. 66-09
Offered by Council Member O’Hagan
Seconded by Council Member Pazan
RESOLVED, that the following salaries and wages be authorized and approved for the year 2009:
POLICE DEPARTMENT
Lt. Jonathan Miller
119,054.00
Sgt. Paul Weber
113,457.00
Sgt. Daniel Dour
113,457.00
Sgt. George Erlich
113,457.00
Sgt. Christopher Mc Inerney
113,457.00
Sgt. Dean Ackermann
113,457.00
Police Officer Michael Ciaramella
105,003.00
Detective Eric Reamy
112,338.00
Police Officer Adam Pyatak
105,003.00
Police Officer James Calaski
105,003.00
Police Officer Robert Wojtecki
105,003.00
Police Officer Frank Riggio
100,984.00
Police Officer Frank Riggio
105,003.00 12/1/09
Police Officer Matthew Stanislao
100,126.00
Police Officer Matthew Stanislao
105,003.00 2/1/09
Police Officer Anna Marie Mattina
70,506.00
Police Officer Anna Marie Mattina
82,089.00 2/7/09
Police Officer Joseph Mc Govern
70,506.00
Police Officer Joseph Mc Govern
82,089.00 7/18/09
Police Officer Bryan Scott
70,506.00
Police Officer Bryan Scott
82,089.00 8/25/09
Police Officer Murray Yang
58,922.00
Police Officer Murray Yang
70,506.00 3/21/09
Police Officer Michael Trover
58,922.00
Police Officer Michael Trover
70,506.00 12/18/09
Police Officer James McGill
35,756.00
Police Officer James McGill
47,328.00 1/14/09
Police Officer Shane Broglia
35,756.00
Police Officer Robert Surdyka
35,756.00
Police Officer Robert Srudyka
47,328.00 7/1/09
All salaries in this resolution are annual salaries unless otherwise stated.
ROLL CALL:
Council Member O’Hagan – yes
Council Member Pazan - yes
Council Member Arnao - yes
Council Member Orseck - yes
Council Member Surrago - yes
Council Member Biggs - yes
5. MEETING OPEN TO THE PUBLIC: (Before speaking at the meeting, each person must state their name and address. 5 minute limit)
Frances Westervelt – 23 Rocklynn Place – Mrs. Westervelt commented that in 2003 her neighbor sold their property and rebuilt on the property. In 2007 Mrs. Westervelt contacted the building department and expressed concern over increased flooding on her property. The borough engineer, Mayor and borough administrator were contacted and informed of the situation. The borough engineer agreed that something was amiss. Mrs. Westervelt privately contacted a soil engineer who surveyed her property and stated at the time it was 75% under water. Mrs. Westervelt stated by way of the borough engineer the borough has admitted there is something wrong. Mrs. Westervelt has not changed anything in her yard from 1965.
Mayor van Keuren stated he does not have a solution but agrees it is important that the borough work with Mrs. Westervelt and neighboring properties to find a solution.
Leslie Kameny – Beech Road – Ms. Kameny asked the Council if there were any questions regarding the previously submitted proposal for a sustainable New Jersey.
Mayor van Keuren stated the proposed resolution has been discussed in work session. The Council generally supports the statements in the resolution; however there are concerns about the structure of the committee itself, which need to be discussed within a closed session with the Environmental Committee members involved.
Doris Ciaramella – 15 Austin Place – Mrs. Ciaramella commented that Nutley has a Senior-to-Senior program (S.O.S.) where seniors in high school help seniors in their community. Mrs. Ciaramella commented that the Annex is poorly maintained and is going downhill.
Paul Herrlett – Franklin Place – Mr. Herrlett commented that the corner of Andover Terrace and Prospect is becoming a safety concern as parking is allowed on both sides of the street. Mr. Herrlett suggested that Andover Terrace only allow parking on the inbound side of the street. Secondly, Mr. Herrlett asked if there is a second “Autistic Child” sign on Austin Place. (It was noted that there are two signs – one in each direction). Mr. Herrlett commented that the slope exiting out of Glen Courts is too steep for anyone with a walker. Mayor van Keuren questioned who is responsible, either the borough or Glen Courts; however will investigate and address the concern.
Jim Seaton – Ferndale Avenue – Mr. Seaton asked if there has been any discussion for additional senior citizen housing within the borough. Mayor van Keuren stated a committee has recently been appointed to review possibilities addressing senior housing.
John Sanders – 765 Maple Avenue – Mr. Sanders thanked Council member Surrago for quickly addressing and handling an unsafe condition within the borough.
6. ADJOURNMENT
Motion to adjourn the meeting was made by Council member O’Hagan
Seconded by Council member Arnao
Meeting adjourned at 9:22 p.m.
