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Borough of Glen Rock
PUBLIC MEETING -Wednesday, April 13, 2005 at 8:00 p.m.
There will be a Public Meeting of the Mayor and Council of the Borough of Glen Rock on Wednesday, April 13, 2005, 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
Council Member Knapp – present
Council Member Fellig - present
Council Member Jordan – present
Council Member Moore – present
Council Member O’Hagan – present Council Member McCullough - present
J. van Keuren, Mayor - present
B. Kendall, Borough Administrator - present
J. Scalia, Clerk - present
R. Garibaldi, Borough Attorney - present
2. FLAG SALUTE/ANNOUNCEMENTS
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 Ridgewood Newspaper 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. Do not use the lift.
Council member O’Hagan led the Council in the flag salute.
Mayor van Keuren announced that the baseball season opened last weekend and public thanks are in order for Jim Saxton and the DPW crew that groomed the fields.
Council member O’Hagan recognized and thanked Carol Thielke and JoAnne Perry for taking the specialized training necessary to help our Office of Emergency Management.
3. CHRONO FILE
4. Resolution for 2005 Budget Self Exam
Resolution No. 83-05
Offered by Council Member Fellig
Seconded by Council Member Jordan
WHEREAS, NJSA 40A-4-78(b) has authorized the Local Finance Board to adopt rules that permit municipalities in sound fiscal condition to assume the responsibility, normally granted to the Director of the Division of Local Government Services, of conducting the annual budget examination, and
WHEREAS, NJAC 5:30-7 was adopted by the Local Finance Board on February 11, 1997, and
WHEREAS, pursuant to NJAC 5:30-7.2 thru 7.5 the Borough of Glen Rock has been declared eligible to participate in the program by the Division of Local Government Services, and the Chief Financial Officer has determined that the Borough of Glen Rock meets the necessary conditions to participate in the program for the 2005 budget year, so now therefore
BE IT RESOLVED, by the Borough Council of the Borough of Glen Rock that in accordance with NJAC 5:30-7.6a & b and based upon the Chief Financial Officers certification. The governing body has found the budget has met the following requirements:
1. That with reference to the following items, the amounts have been calculated pursuant to law and appropriated as such in the budget:
A. Payment of interest and debt redemption charges
B. Deferred charges and statutory expenditures
C. Cash deficit of preceding year
D. Reserve for uncollected taxes
E. Other reserves and non-disbursement items
F. Any inclusions of amounts required for school purposes
2. That the provisions relating to limitation on increases of appropriations pursuant to NJSA 40A:4-45.2 and appropriations for exceptions to limits on appropriations found at 40A:4-45.3 et seq are fully met (Complies with the “CAP” law.)
3. That the budget is in such form, arrangement, and content as required by the Local Budget law and NJAC 5:30-4 and 5:30-5.
4. That pursuant to the Local Budget law:
A. All estimates of revenue are reasonable, accurate, and correctly stated
B. Items of appropriation are properly set forth
C. In itemization, form, arrangement, and content the budget will permit the exercise of the comptroller function within the municipality.
5. The budget and associated amendments have been introduced, publicly advertised, and in accordance with the relevant provisions of the Local Budget law, except that failure to meet the deadline of NJSA 40A4-5 shall not prevent such certification.
6. That all other applicable statutory requirements have been fulfilled.
BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Director of the Division of Local Government Services.
CERTIFICATION OF APPROVED BUDGET
It is hereby certified that the Approved Budget complies with the requirements of law and approval is given pursuant to NJSA 40A:4-78(b) and NJAC 5:30-7.
It is further certified that the municipality has met the eligibility requirements of NJAC 5:30-7.4 and 7.5 and that I, as Chief Financial Officer, have completed the local examination in compliance with NJAC 5:30-7.6
Date: April 13, 2005 ______________________
Lenora Benjamin
Chief Financial Officer
This certification form and resolution of the governing body executing such certification should be annexed to the adopted budget (NJAC 5:30 7.6 (e))
ROLL CALL:
Council Member Knapp – yes
Council Member Fellig - yes
Council Member Jordan – yes
Council Member Moore - yes
Council Member O’Hagan – yes
Council Member Mc Cullough - yes
5. BUDGET HEARING
Motion to Open Hearing on 2005 Budget by Council Member Fellig
Seconded by Council Member Jordan
All Council members were in favor
Irene Brown – 675 Lincoln Avenue – Mrs. Brown had several questions concerning the budget, in particular resident parking fees and swimming pool badge fees. Mrs. Brown stated again that based on the revenue received last year and what is anticipated this year there is no reason the senior citizens should have to purchase a badge. Mrs. Brown questioned 2004 budgeted amounts for LOSAP yet the budget reflects that no expense for LOSAP. CFO Lenora Benjamin corrected Mrs. Brown stating the budget is not reflective of 2004 LOSAP expenses as this has not been paid because no figure has been submitted for 2004 LOSAP expenses. Mrs. Benjamin encouraged Mrs. Brown to visit the Finance Office so accurate figures could be given to her. Mrs. Brown had additional questions concerning the installation dinners and senior citizen classes at the Community School.
Tom Ginty – 16 Emerson Road – Mr. Ginty believes the municipal budget is deceptive in regards to health care costs. Mr. Ginty reiterated again that employees need to be responsible for a larger portion of their health care cost. Mr. Ginty asked for the definition of “terminal leave” and what is the dollar amount that is taken out of employee paychecks for health care costs. Mr. Kendall defined terminal leave as payment for unused sick time and vacation and the dental payment for employees with dependent is $480/year, 25% of the cost. Mr. Kendall added this is in compliance with the State Health Benefit Plan, for better or worse. Mr. Ginty added that property taxes should stop increasing at age 65.
Motion to Close Hearing on 2005 Budget by Council Member Fellig
Seconded by Council Member Jordan
ROLL CALL:
Council Member Knapp – yes
Council Member Fellig - yes
Council Member Jordan – yes
Council Member Moore - yes
Council Member O’Hagan – yes
Council Member Mc Cullough - yes
Resolution No. 84-05
Offered by Council Member: Fellig
Seconded by Council Member: Jordan
BE IT RESOLVED, by the Mayor and Council of the Borough of Glen Rock, County of Bergen, State of New Jersey, that the 2005 budget hereinbefore set forth is hereby adopted and shall constitute an appropriation for the purposes stated of the sums therein set forth as appropriations and authorization of the amount of
(A) $10,061,665.00 for municipal purposes
ROLL CALL:
Council Member Knapp – yes
Council Member Fellig – yes
Council Member Jordan – yes
Council Member Moore - yes
Council Member O’Hagan – yes
Council Member McCullough - no
1. General Revenues
Surplus Anticipated $ 950,000
Miscellaneous Revenues Anticipated 3,036,979
Receipts from Delinquent Taxes 410,000
2. Amount to be Raised By Taxation for Municipal Purpose 10,061,665
3. Amount to be Raised by Taxation for School in Type I District
4. Total Revenues 14,458,644
5. General Appropriations
Operations Including Contingent 8,133,123
Deferred Charges and Statutory Expenditures- Municipal 323,000
Excluded from “CAPS”
Operations – Total Operations Excluded from “Caps” 3,374,938
Capital Improvements 359,000
Municipal Debt Services 1,217,108
Deferred Charges 50,000
Reserve for Uncollected Taxes 1,001,475
TOTAL Appropriations $14,458,644
It is hereby certified that the within budget is a true copy of the budget finally adopted by resolution of the Governing Body on the 13th day of April, 2005. It is further certified that each item of revenue and appropriation is set forth in the same amount and by the same title as appeared in the 2005 approved budget and all amendments thereto, if any, which have been previously approved by the Director of Local Government Services.
6. Resolution for License Agreement (County Park Soccer Field)
A motion to open this resolution for public comment was made by Council member O’Hagan
Seconded by Council member McCullough. All were in favor.
Mayor van Keuren summarized this resolution as an agreement between Glen Rock and Bergen County that permits Glen Rock to use a specific portion of the County Park for recreational soccer practice. The field would be 35’x70’, children ages 6-10 would practice here and Glen Rock would have control over 25 hours of usage per week. Council member Jordan added that a priority of the Recreation Advisory Board for this year was to find a replacement for the field that was lost from St. Catharine’s capital expansion. Many alternatives were researched with a licensed agreement with the County being the most feasible, similar to Fair Lawn and Paramus. Upon approval from the County the Borough notified the twelve most immediate properties that “Area A” would be used considered as a temporary field for the soccer program. This area has been used informally by girls soccer for the last three years. After considerable discussion with residents the Borough has amended the initial license agreement with the County to include the following:
1) All entry from the Alan Avenue extension would be strictly prohibited; as well as any parking on Chadwick, or any tangential street;
2) The proposed area for soccer will be unlined, so as not to create an attractive nuisance for non-Glen Rock potential users;
3) Practice times will be distributed to other locations as field availability is presented;
4) The agreement with the County has been reduced from ten years to five years;
5) Any infraction will result in possible revocations by the Borough Council
Council member Jordan further noted the tabling of this resolution was necessitated by legal claims from Jeffrey Wild, Esq. who represents Robert Willes, a Chadwick Place resident. The alternative locations proposed by Mr. Willes were determined to be unfeasible and unsafe for the intended purpose.
Borough Attorney Robert Garibaldi reviewed the correspondence from Mr. Wild and advised the Council and Mr. Wild that the provisions were not applicable to the Borough nor did the Borough violate any aforementioned statutes or codes. County Council was also consulted and they, too, stated there was no violation.
At this time, Mayor van Keuren opened the meeting to any residents wishing to make additional comments.
Robert Willes – 160 Chadwick Place - Mr. Willes expressed concern that a second meeting with Council member Jordan never materialized. Council member Jordan responded that after lengthy discussion with Mr. Willes his request was presented to the Council for a second “walk-through” of the park. Every Council member visited the park and reviewed the alternative sites suggested by Mr. Willes. The sites were determined to be infeasible by the Council and therefore a second “walk-through” was deemed unnecessary.
Ed Weinsenfeld – 82 Chadwick Place – Mr. Weinsenfeld asked for clarification of amendment #3. Council member Jordan stated if other areas are available in the park usage of Area A will be minimized. Mr. Weinsenfeld read a prepared statement reminding the Council of a 1972 agreement made with Bergen County concerning organized athletic use of the park.
Robert Sacharoff – 150 Chadwick Place – Mr. Sacharoff asked what plans would be in place concerning security, garbage, parking and hours of activity. Council member O’Hagan stated the Recreation Advisory Board will be informed that the coaches will be held responsible. Council member Jordan added someone will initially be posted at Alan Avenue to inform residents of parking restrictions. Mr. Sacharoff suggested a sign be installed informing drivers that Chadwick Place is not an entrance to the County Park.
Jim Seaton – Ferndale Avenue – Mr. Seaton asked if there was a cost to the license with the County. Council member Jordan stated it costs $1/year.
John Gillooly – 76 Chadwick Place – Mr. Gillooly asked why a five year lease if this is a temporary solution. Council member Jordan stated this was the negotiated agreement with the County. Mr. Gillooly reiterated the previously mentioned agreement with the County from 1972.
Joe Krug – 637 Prospect Street – Mr. Krug is a member of St. Catharines and active in the current renovation. Mr. Krug stated the field is scheduled to be seeded in October. Mr. Krug cautioned the Council on changing the County Park from a passive park.
Lisa Arkin – 649 Prospect Street – Mrs. Arkin chastised the Council for not communicating to the residents and promised there would be litigation if this resolution is passed.
Gordon Schaubhut – President Glen Rock Soccer Club, Member Recreation Advisory Board – Mr. Schaubhut expressed concern over the level of emotion on this subject. The RAC has actively been trying to find a location for 6-10 year old children to play. Mr. Schaubhut reminded those in attendance the volunteer spirit is what has built this town. This attempt by the Council has been an honest effort to try and locate additional field space. Mr. Schaubhut commented that the Council does not deserve the treatment and lack of respect they are receiving. Mr. Schaubhut appealed to the senior residents in the audience to remember their volunteer spirit and come help the 700+ children participating in the soccer program.
Jeff Wild, Esq. – Represents Mr. and Mrs. Robert Willes – Mr. Wild appreciated the small steps that were presented; however he wishes they had been taken with his firm and the residents. Mr. Wild informed the Council that a legal organization has been formed to fight this resolution. Mr. Wild stated the Council cannot vote on a resolution (contract) that the residents have not seen nor had the chance to comment on. Mr. Wild distributed a draft complaint to the Council for settlement discussion purposes only and urged the Council to consider prior to voting. Mr. Wild presented a photograph of an alternative location for the soccer field (not located in Glen Rock). Mr. Wild stated this contract is clearly illegal and rather than subject the “township” to litigation he urged to Council to reconsider the agreement as presented tonight.
At this time, the Council took a five minute recess. Upon their return the Borough Clerk was asked to read the resolution.
Resolution No. 85-05
Offered by Council Member O’Hagan
Seconded by Council Member Mc Cullough
RESOLUTION AUTHORIZING LICENSE AGREEMENT WITH BERGEN COUNTY
WHEREAS, the Borough of Glen Rock has requested use of a portion of the Saddle River County Park in Glen Rock, owned by Bergen County, to use a 40 yard by 80 yard area as a practice soccer field, and has received a letter from the Office of the County Counsel dated March 11, 2005 with the attached License Agreement that must be approved by both the Borough Council of Glen Rock and Bergen County Board of Freeholders; and
WHEREAS, the Mayor and Council of Glen Rock have read and understood the terms of the License Agreement, which is what Glen Rock had requested from the Recreation Advisory Committee to the Division of Parks & Recreation in Glen Rock, and discussed with the Bergen County Parks Director; now therefore
BE IT RESOLVED, by the Borough Council of Glen Rock, that the Mayor and Borough Clerk are authorized to execute and attest the attached License Agreement and send to Bergen County for appropriate approval along with a certified copy of this resolution.
ROLL CALL:
Council Member Knapp – yes
Council Member Fellig – yes
Council Member Jordan – yes
Council Member Moore - yes
Council Member O’Hagan – yes
Council Member Mc Cullough - yes
At this time the Council members justified their vote and commented on the proceedings that occurred. Council member Jordan also formally presented the amendment to the resolution which was previously entered.
7. 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 and adoption of all resolutions, receive and file letters, correspondence, reports and approval of applications and minutes.
Resolutions:
1. Resolution for Approval of Minutes
Resolution No. 86-05
Offered by Council Member Knapp
Seconded by Council Member Moore
BE IT RESOLVED, that the Minutes of:
Meetings of March 23, 2005
Be accepted as submitted.
ROLL CALL:
Council Member Knapp – yes
Council Member Fellig - yes
Council Member Jordan – yes
Council Member Moore - yes
Council Member O’Hagan – yes
Council Member Mc Cullough – yes
2. Resolution Authorizing Agreement with Bergen County Health Department
Resolution No. 87-05
Offered by Council Member Knapp
Seconded by Council Member Moore
______________________________________________________________________________
WHEREAS, there exist a need for the Borough of Glen Rock Health Department to provide state mandated health services of a technical and professional nature pursuant to N.J.S.A. 26:3A2-1
WHEREAS, the Bergen County Department of Health Services can assure compliance in accordance with the same;
WHEREAS, the Bergen County Department of Health Services has agreed to provide public health services through a contract agreement with the Borough of Glen Rock - Department of Health for the calendar year 2005; and
WHEREAS, the fee is to be in an amount not to exceed $26,277.90 for Public Health Services provided to the Borough of Glen Rock as per the attached agreement; and
WHEREAS, it has been certified that this meets the statues and regulations concerning the award of said contract;
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Glen Rock as follows:
1. That Paul Herrlett, President of the Board of Health for the Borough of Glen Rock, is hereby authorized and directed to execute an agreement with the Bergen County Department of Health Services to perform public health services of a professional nature for the period of January 2005, through December 31, 2005, at a cost not to exceed $26,277.90; and
2. This contract is awarded without competitive bidding in accordance with N.J.S.A. 40A:11-5(2); and
BE IT FURTHER RESOLVED, that the Chief Financial Officer will certify, that funds will be available upon adoption of the 2005 Current Fund Budget in accordance with N.J.A.C. 5:30 14.5
________________________
Lenora Benjamin, CFO
ROLL CALL:
Council Member Knapp – yes
Council Member Fellig – yes
Council Member Jordan – yes
Council Member Moore - yes
Council Member O’Hagan – yes
Council Member Mc Cullough - yes
3. Resolution Authorizing Ballfield Improvements
Resolution No. 88-05
Offered by Council Member Knapp
Seconded by Council Member Moore
RESOLUTION AUTHORIZING PURCHASE ORDER FOR BALLFIELD IMPROVEMENTS
WHEREAS, at the recommendation of the Recreation Advisory Committee (RAC) and Chair, Division of Parks and Recreation, the Borough wants to improve a number of ballfields in Glen Rock this spring, with the Borough improving one field at Wilde Memorial Park and the Board of Education and GRBA improving two fields at Coleman School and one field at Hamilton School; and
WHEREAS, the RAC has recommended the use of Tri-State Athletic Fields Services & Supplies Inc. of Allendale, New Jersey, an experienced local firm that has successfully worked for the Board of Education in the past, and the Local Public Contracts Law allows less than two proposals, if practicable, and suggests approval by a Council resolution; now therefore
BE IT RESOLVED, by the Borough Council of Glen Rock, that a purchase order with Tri State Athletic Fields Services & Supplies Inc. is hereby authorized for an amount not to exceed $11,500, subject to certification of funds by the CFO.
ROLL CALL:
Council Member Knapp – yes
Council Member Fellig – yes
Council Member Jordan – yes
Council Member Moore - yes
Council Member O’Hagan – yes Council Member Mc Cullough - yes
4. Resolution for Housing Element (COAH)
Resolution No. 89-05
Offered by Council Member Knapp
Seconded by Council Member Moore
RESOLUTION AUTHORIZING PROFESSIONAL PLANNING WORK OF HOUSING ELEMENT AND FAIR SHARE PLAN
WHEREAS, the Borough of Glen Rock has appointed the H2M Group of Totowa, New Jersey to serve as Borough Planner for Glen Rock, and H2M has given Glen Rock a proposal dated March 24, 2005 to complete the Housing Element and Fair Share Plan required by the Council on Affordable Housing (COAH) for Glen Rock’s third round affordable housing obligation; and
WHEREAS, such professional planning work is exempt from advertised bidding as a professional service, but notice of this resolution must be published in a legal newspaper as required by the Local Public Contracts Law; now therefore
BE IT RESOLVED, by the Borough Council of Glen Rock, that H2M is hereby authorized to complete the Housing Element and Fair Share Plan in accordance with their proposal of March 24, 2005, for an amount not to exceed $18,000, subject to certification of funds by the CFO.
ROLL CALL:
Council Member Knapp – yes
Council Member Fellig – yes
Council Member Jordan – yes
Council Member Moore - yes
Council Member O’Hagan – yes
Council Member Mc Cullough - yes
5. Resolution for Solid Waste Agreement (BCUA)
Resolution No. 90-05
Offered by Council Member Knapp
Seconded by Council Member Moore
RESOLUTION APPROVING SOLID WASTE SERVICE AGREEMENT EXTENSION WITH THE BERGEN COUNTY UTILITIES AUTHORITY
WHEREAS, Glen Rock is a customer of the Bergen County Utilities Authority (BCUA) for disposal of our solid waste, and the current solid waste service agreement expires May, 31, 2005; and
WHEREAS, the Borough of Glen Rock wishes to approve a contract extension with BCUA to continue to dispose of solid waste for an additional two years, from June 1, 2005 through May 31, 2006 at the cost of $69.10 per ton, and from June 1, 2006 through May 31, 2007 at a cost of $71.17 per ton, and funds have been budgeted for this increase in the 2005 municipal budget; now therefore
BE IT RESOLVED, by the Borough Council of Glen Rock, that the Solid Waste Service Agreement Extension dated December 14, 2005 is hereby approved, and authorizes the Mayor and Borough Clerk to sign and attest a copy of the agreement and return it to BCUA.
ROLL CALL:
Council Member Knapp – yes
Council Member Fellig – yes
Council Member Jordan – yes
Council Member Moore - yes
Council Member O’Hagan – yes
Council Member Mc Cullough - yes
6. Resolution to Amend Personnel Policy
Resolution No. 91-05
Offered by Council Member Knapp
Seconded by Council Member Moore
RESOLUTION AMENDING BOROUGH EMPLOYEE MANUAL
WHEREAS, on March 10, 2004, the Borough of Glen Rock adopted an Employee Manual required by the Bergen County Municipal Joint Insurance Fund as a requirement for employee professional liability insurance coverage; and
WHEREAS, based on a periodic review of said Employee Manual, and a desire by the Borough to equalize benefits between union and non-union employees of the Borough, and a recommendation of the Borough Administrator and Benefits Coordinator, that the same “sick bank” provision offered to union employees with over 18 years of municipal service be offered to similar non-union employees; now therefore
BE IT RESOLVED, by the Borough Council of Glen Rock, that the attached language be added as new paragraph number two to Section 3, Sick Time, Policy, on page 31 of the Employee Manual, with instructions to the Borough Administrator and Benefits Coordinator to insert this amended provision in the Employee Manual.
ROLL CALL:
Council Member Knapp – yes
Council Member Fellig – yes
Council Member Jordan – yes
Council Member Moore - yes
Council Member O’Hagan – yes
Council Member Mc Cullough - yes
Motion to accept consent agenda by Council Member Knapp
Seconded by Council Member Moore
ROLL CALL:
Council Member Knapp – yes
Council Member Fellig – yes
Council Member Jordan – yes
Council Member Moore - yes
Council Member O’Hagan – yes
Council Member Mc Cullough - yes
8. ORDINANCES
Ordinance Procedure # 1498 (Bond Ordinance - $680,000)
Date of Introduction: April 13, 2005
Council Resolution# 92-05
Introduced by Council Member Fellig
Seconded by Council Member Jordan
Be It Resolved by the Borough Council of the Borough of Glen Rock that an BOND ORDINANCE TO AUTHORIZE THE MAKING OF VARIOUS PUBLIC IMPROVEMENTS AND THE ACQUISITION OF NEW ADDITIONAL OR REPLACEMENT EQUIPMENT AND MACHINERY, NEW COMMUNICATION AND SIGNAL SYSTEMS EQUIPMENT AND NEW AUTOMOTIVE VEHICLES, INCLUDING ORIGINAL APPARATUS AND EQUIPMENT, IN, BY AND FOR THE BOROUGH OF GLEN ROCK, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $680,000 TO PAY THE COST THEREOF, TO APPROPRIATE STATE AND FEDERAL GRANTS, TO MAKE A DOWN PAYMENT OR FULLY FUND APPROPRIATIONS FROM THE CAPITAL IMPROVEMENT FUND, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF SUCH BONDS
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 April 27, 2005 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 Knapp - yes
Council Member Fellig- yes
Council Member Jordan - yes
Council Member Moore - yes
Council Member O’Hagan - yes
Council Member Mc Cullough - yes
Ordinance 1498
NOTICE OF PENDING BOND ORDINANCE AND SUMMARY
The bond ordinance, the summary terms of which are included herein, was introduced and passed upon first reading at a meeting of the Borough Council of the Borough of Glen Rock, in the County of Bergen, State of New Jersey, on April 13, 2005. It will be further considered for final passage, after public hearing thereon, at a meeting of the Borough Council to be held at its meeting room in the Municipal Building, Harding Plaza, Glen Rock, New Jersey, on April 27, 2005 at 8:00 P.M. During the week prior to and up to and including the date of such meeting copies of the full ordinance will be available at no cost and during regular business hours, at the Clerk's office for the members of the general public who shall request the same. The summary of the terms of such bond ordinance follows:
Title: BOND ORDINANCE TO AUTHORIZE THE MAKING OF VARIOUS PUBLIC IMPROVEMENTS AND THE ACQUISITION OF NEW ADDITIONAL OR REPLACEMENT EQUIPMENT AND MACHINERY, NEW COMMUNICATION AND SIGNAL SYSTEMS EQUIPMENT AND NEW AUTOMOTIVE VEHICLES, INCLUDING ORIGINAL APPARATUS AND EQUIPMENT, IN, BY AND FOR THE BOROUGH OF GLEN ROCK, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $680,000 TO PAY THE COST THEREOF, TO APPROPRIATE STATE AND FEDERAL GRANTS, TO MAKE A DOWN PAYMENT OR FULLY FUND APPROPRIATIONS FROM THE CAPITAL IMPROVEMENT FUND, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF SUCH BONDS.
The purposes, appropriations, bonds/notes authorized and grants appropriated in this multipurpose bond ordinance are as follows:
SCHEDULE OF IMPROVEMENTS, PURPOSES AND AMOUNTS
A. Acquisition of new additional or replacement equipment and machinery for the use of the Police Department consisting of (i) portable speed humps, (ii) pistols and (iii) respirators.
Appropriation and Estimated Cost $ 38,700
Capital Improvement Fund Appropriated $ 38,700
Period of Usefulness 5 years
B. Construction of a building at the Recycling Center.
Appropriation and Estimated Cost $ 30,000
Down Payment Appropriated $ 1,430
Bonds and Notes Authorized $ 28,570
Period of Usefulness 20 years
C. Acquisition of new automotive vehicles, including original apparatus and equipment, for the use of the Department of Public Works (“DPW”) consisting of (i) a roll-off truck and (ii) a pickup truck.
Appropriation and Estimated Cost $ 156,000
Down Payment Appropriated $ 70,600
Bonds and Notes Authorized $ 85,400
Period of Usefulness 5 years
D. Acquisition of new additional or replacement equipment and machinery for the use of the DPW consisting of (i) a front end loader, (ii) a container for Recycling and (iii) a lawn mower and other items of equipment.
Appropriation and Estimated Cost $150,000
Down Payment Appropriated $ 7,170
Bonds and Notes Authorized $142,830
Period of Usefulness 15 years
E. Undertaking of the following public improvements: (i) the Tree Replacement Program at various locations and (ii) handicapped access improvements to the rest rooms at the Municipal Annex located at 678 South Maple Avenue. It is hereby determined and stated that said public building being improved is of “Class B” or equivalent construction as defined in Section 22 of the Local Bond Law (Chapter 2 of Title 40A of the New Jersey Statutes Annotated, as amended; the "Local Bond Law").
Appropriation and Estimated Cost $ 59,000
Federal Grant Appropriated $ 38,000
Down Payment Appropriated $ 1,000
Bonds and Notes Authorized $ 20,000
Period of Usefulness 15 years
F. Funding the Borough's portion of the cost of building improvements and communication equipment upgrades at the Northwest Bergen Central Dispatch Center located in Ridgewood.
Appropriation and Estimated Cost $ 52,300
Down Payment Appropriated $ 2,500
Bonds and Notes Authorized $ 49,800
Period of Usefulness 10 years
G. Acquisition of new additional or replacement equipment and machinery and new communication and signal systems equipment for the use of the Fire Department consisting of (i) radio system upgrade equipment and (ii) air packs.
Appropriation and Estimated Cost $ 45,000
Down Payment Appropriated $ 2,200
Bonds and Notes Authorized $ 42,800
Period of Usefulness 10 years
H. Improvement of Doremus Avenue (from the Recycling Center to Ackerman Avenue), including road resurfacing, the installation of handicapped access ramps and the making of curb and drainage improvements, where necessary. It is hereby determined and stated that said street being improved is of "Class B" or equivalent construction as defined in Section 22 of the Local Bond Law.
Appropriation and Estimated Cost $ 149,000
State Grant Appropriated $ 120,000
Down Payment Appropriated $ 1,400
Bonds and Notes Authorized $ 27,600
Period of Usefulness 10 years
-------------------------------------------------------
Aggregate Appropriation and Estimated Cost $680,000
Aggregate State and Federal Grants
Appropriated $158,000
Aggregate Capital Improvement Fund
Appropriated either as a Down Payment
or to Fully Fund Appropriations $125,000
Aggregate Amount of Bonds and Notes
Authorized $397,000
Section 20 Costs: $40,075
Useful Life: 11.69 years
This Notice is published pursuant to N.J.S.A. 40A:2-17.
***********
Ordinance Procedure: #1496 (Lease Prospect/Grove Street Property)
Date of Final Reading: April 13, 2005
Date of Introduction: March 23, 2005
A motion to open this ordinance for public comment was made by Council member Jordan. Seconded by Council member Moore. All were in favor.
Mary Harrison – 136 Forest Road – Mrs. Harrison chastised the Council for creating an adversarial relationship with the public as they no longer feel the Council represents them by there unwillingness to be open and respond to the public’s questions or alternatives. Mrs. Harrison suggested using the 150’ tower in Fair Lawn on Saddle River Road as currently there exists only one carrier. After investigation Mrs. Harrison noted the Fair Lawn tower need only be moved 20’ to accommodate additional carriers. Mrs. Harrison demanded the Council investigate this alternative.
Bob Moloney – 24 Abbington Terrace – Mr. Moloney encouraged the Council to allow those in attendance the opportunity to speak.
Diane Hennessey Erdman – 432 Grove Street – Mrs. Erdman stated a cell tower at this location, combined with the Ridgewood Sewer Facility, is an unreasonable burden for the neighborhood.
Colleen Shea – 595 Prospect Street – Mrs. Shea commented if her Realtor had shown her a home with a cell tower in close proximity she would not have purchased the home. Mrs. Shea added for the Council to believe a tower does not devalue properties is short sided.
Suzanne Barron – 49 Alan Avenue – Mrs. Barron asked Council member O’Hagan if he had been able to find the oldest tower in the country and had a chance to review the ramifications of that tower. Council member O’Hagan stated there is no research that he has been able to find which shows long term effects. Council member O’Hagan added that health and safety issues of a cell tower cannot be entered into the equation. Mrs. Barron asked who in Glen Rock wants a cell tower. Mayor van Keuren responded that this decision is based on need and safety as well as the cell company’s conviction to enter into Glen Rock.
Rich Gallagher – 133 Forest Road – Mr. Gallagher agreed that the Fair Lawn tower should be moved 20’ to satisfy the residents. Mr. Gallagher stated the Ambulance Corps. uses transistor radios instead of cell phones.
Council member Jordan commented that he is familiar with the Fair Lawn site. Council member Jordan has reviewed this site with seven different engineers and it is his understanding that this tower was erected prior to current DEP regulations on wetlands property. The tower can remain with one carrier; however to move the tower or add additional towers would not be grandfathered and therefore need to reapply. All seven engineers have said the tower would be unbuildable due to current DEP standards.
Allison Pappalardo – 169 Forest Road – Mrs. Pappalardo stated she believes this decision is being made very quickly and urged the Council to exhaust all other alternatives.
Council member Knapp commented that the cell tower issue has been discussed since 2000.
Mary Alice Kinsella – 132 Forest Road – Mrs. Kinsella suggested having pay phones placed outside at the elementary schools for emergency use. Mrs. Kinsella presented a petition signed by 88 residents who will appeal their taxes if a tower is erected at the Prospect Street site. Mrs. Kinsella read a statement regarding case law and determining a “significant gap” in coverage.
Mark Rubin – 586 Rock Road – Mr. Rubin stated two issues need to be considered. One it is common sense that if a large, unattractive structure is erected undoubtedly property values will go down. Secondly, are there are too many unanswered questions concerning health risks. Council member McCullough commented he has spent hundreds of hours researching definitive health risks and has found none.
Barbara Rubin – 586 Rock Road – Mrs. Rubin commented she cannot believe the Council would risk the health of Borough residents for a cell tower. Mrs. Rubin asked if the Council could stop the cell tower proposal at this time and simply say Glen Rock is not interested. Borough Attorney stated at this juncture the Council is considering an ordinance to lease property for a possible tower.
Council member Moore read a letter into the record from a resident on Grove Street strongly favoring a cell tower at this location.
Cheryl Lowenhar – 440 Ackerman Avenue – Ms. Lowenhar commented she is dependent on her cell phone for personal and business calls. Ms. Lowenhar sympathized with the opposing residents; however she added this is a growing problem (spotty cell service) and it needs to be rectified. Ms. Lowenhar commented a scenario to consider is, as residents become more and more dependent on cell service, if someone’s home has poor service they potentially may not purchase in that area.
Gino Riena – 461 Prospect Street – Mr. Riena commented that the Council makes many decisions, some are based on needs, some are not. Mr. Riena stated this decision is based on convenience and not need.
John Fiero - 835 Harristown Road – Mr. Fiero commented he wished he would have received a more personal communication due to his relative close proximity to the proposed site. Mr. Fiero stated he is not totally against a tower; however the quickness of this site is debatable. This is not a necessity.
Patrick White – 53 Berkeley Place – Mr. White asked if the Borough has the ability to have a referendum on this issue. Borough Attorney Garibaldi stated he does not believe this would qualify as a referendum issue.
Council member Jordan addressed the question, “Why the rush?” Council member Jordan stated there is substantial and credible evidence that this proposed area had two private applications which were close to being finalized with cell carriers; however they were in less desirable locations than the proposed one. Council member Jordan added both applications were in compliance with our ordinance and therefore would be difficult to challenge. Council member Jordan believes if we do not proceed with this more desirable location there will be a private negotiation made with a carrier within the month. Council member Jordan further believes we would have close to a zero chance, at either one of these private locations, of successfully enjoining with residents to fight that location. If the Borough does not act on this location, there will be a cell tower on a less desirable location that the Borough cannot legally fight.
Richard Barron – 49 Alan Avenue – Mr. Barron echoed the concerns of property devaluation and health concerns. Mr. Barron commented that based on conversations with people in the telecommunications field he has found that due to the saturation rate of towers they are looking to “double up” and reuse existing infrastructure (i.e. Fair Lawn tower).
Dave Ostman – 142 Forest Road – Mr. Ostman encouraged the Council to consider everything that has been said this evening. Mr. Ostman believes a cell tower would simply be another convenience.
Doug Trainor – 160 Forest Road – Mr. Trainor stated, as a realtor, people are reluctant to live near a water tower, what do you think a 150’ cell tower would do? Mr. Trainor believes real estate values will most definitely decline.
Mary Hutchins - 177 Marlboro Road – Mrs. Hutchins agrees better cell service is needed; however at what expense. Among previously expressed concerns, Mrs. Hutchins added the following concerns need to be addressed; is the revenue worth the expense, proper equipment for monitoring emissions and maintenance of the tower.
Brandon DeClet – 51 Ferndale Avenue – Mr. DeClet commented there is a perception that the Council has not communicated with the public adding there are several unanswered issues that need to be addressed. Mr. DeClet stated he believes that the Council is not listening to the residents. Mayor van Keuren commented the Council is listening to the residents as well as the cell carriers who have said Glen Rock has been targeted. We are going to have a cell tower whether the Borough wants one or not.
Susan Frissora – 85 Delmar Avenue – Mrs. Frissora also encouraged the Council to review alternatives.
Robert Shores - 31 Alan Avenue – Mr. Shores questioned how a 150’ structure can be erected on private property when he was unable to construct a simple shed. Council member Jordan stated the Telecommunications Act states that a cell tower is inherently beneficial to the public.
Rich Gallagher – 133 Forest Road – Mr. Gallagher stated the Council is not forthcoming with information and the public has to “fish” for answers. Council member Moore commented that a lot of the answers the public has gotten are not what they want to hear. Council member Moore added the Council has received a plethora of information from a variety of sources; i.e. legal information, carrier information, other municipality’s experience and it is impossible to share every bit of information the Council has with everyone. Mayor van Keuren commented that a lot of information the Council receives is discussed at work sessions and information on the Fair Lawn tower simply did not make it into the flyer that was circulated around the neighborhood. Mr. Gallagher asked that the carriers arrange a meeting where the residents can ask questions of them.
Randi Asher – 20 Delmar Avenue – Mrs. Asher also expressed concern over the health issues and until the health risks can be addressed definitively this decision should be put on hold.
Mary McBride – 875 Harristown Road – Mrs. McBride asked if it is possible to tell the cell carriers that there is no desirable location in town or perhaps suggest a smaller tower. Council member Jordan stated the lowest carrier on the pole needs to be 10 feet above the tree line with each subsequent carrier 10 feet further above. Council member Jordan stated the first carrier would be at 85’, then 95’ and then 105’. A 150’ tower is what is allowed by Borough ordinance; it is possible we may not need a tower this large.
Patty Pena – 679 Ackerman Avenue – Mrs. Pena also stated her opposition to the cell tower.
Suzanne Barron – 49 Alan Avenue – Mrs. Barron stated it does not make sense to enter into a lease agreement if Council member Jordan is going to speak with the Fair Lawn engineer. Mrs. Barron asked what the next step will be. Council member Jordan stated, if the Fair Lawn option is not viable, the Borough would begin taking bids from cell carriers. Council member Moore added the ordinance being voted on tonight simply gives the Council the authority to proceed; however before a tower could be erected there are several other steps that would need to be accomplished. Many of the questions that have been asked tonight will be answered as we get further along in the process.
Regina Rear-Connor – 690 Ackerman Avenue – Mrs. Rear-Connor asked if there are any plans to monitor emissions from the tower. Mayor van Keuren stated this is something that would be built into the specifications.
Paul Herrlett – 5 Franklin Place – Mr. Herrlett corrected an earlier piece of information concerning emergency services. The Ambulance Corps. does communicate by two-way radio between ambulances and other members, as does the Fire Department. However, the paramedics communicate with the covering doctor at the hospital by cell phones. This is done for two reasons; confidentiality purposes as well as convenience for the doctor rather than needing to get to a hard-wire telephone. Patient treatment options can therefore be discussed during the trip to the hospital via ambulance. Service is often interrupted when traveling through the Prospect/Grove/Ackerman area.
Bob Moloney – 24 Abbington Terrace – Mr. Moloney asked who would be responsible for soliciting and developing bids. Mr. Kendall replied the Council, Administrator and various staff would do this. Mr. Moloney asked specifically who would be putting out the bid specs. Mr. Kendall replied as Borough Administrator and Purchasing Agent he would do this. Mr. Kendall added this has been discussed at
numerous work sessions where Mr. Moloney has suggested a tower be installed in the Prospect St. area. Mr. Moloney commented he also suggested Fair Lawn be considered. Mr. Moloney stated we should have someone qualified to put together the specifications. Mr. Moloney asked how carriers would access the tower location. Mayor van Keuren stated they would use the access road which leads into the Ridgewood Sewage Treatment Plant. Mr. Moloney asked what recourse would the residents have if this Prospect Street location falls through; however, one of the two private locations previously noted pursues a tower. Mr. Kendall stated, based on actions in other towns, residents to assemble and fight cell applications. The usual procedure is an applicant approaches the Zoning Board, the Zoning Board turns it down, and litigation ensues where usually the applicant wins. Mr. Kendall commented that currently there are potentially six private locations being targeted in town.
Laura Peskins – Ridgewood Resident – Mrs. Peskins voiced her opposition to the cell tower, as well as 38 other Ridgewood residents.
Brandon DeClet – Ferndale Avenue – Mr. DeClet stated no matter how many towers it is never going to be enough, we’re never going to have perfect cell service, there will always be gaps.
Chris Sherm – Ridgewood Resident – Mr. Sherm also objected to the tower and commented his property value will be affected.
Barbara Rubin – 586 Rock Road – Mrs. Rubin asked Borough Attorney Garibaldi if one child were to become ill because of the cell tower how quickly could the tower be removed. Mr. Garibaldi stated there is nothing the Borough can do on a health issue as long as the cell carrier can demonstrate that they fall within the guidelines for emissions.
A motion to close this ordinance for public comment was made by Council member Jordan. Seconded by Council member Moore. All were in favor.
Council Resolution # 93-05
Introduced: Council Member Jordan
Seconded Council Member McCullough
AN ORDINANCE TO AUTHORIZE THE LEASING OF A PORTION OF REAL PROPERTY COMMONLY KNOWN AS LOT 24, BLOCK 127, ADJACENT TO 432 GROVE STREET, BY THE BOROUGH OF GLEN ROCK, COUNTY OF BERGEN STATE OF 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 Knapp - yes Council Member Fellig - yes
Council Member Jordan – yes Council Member Moore – yes
Council Member O’Hagan – yes Council Member Mc Cullough - yes
BOROUGH OF GLEN ROCK
ORDINANCE NO. 1496
AN ORDINANCE TO AUTHORIZE THE LEASING OF A PORTION OF
REAL PROPERTY COMMONLY KNOWN AS LOT 24,
BLOCK 127, ADJACENT TO 432 GROVE STREET,
BY THE BOROUGH OF GLEN ROCK, COUNTY OF BERGEN
STATE OF NEW JERSEY
BE IT ORDAINED by the Borough Council, the Borough of Glen Rock, County of Bergen, State of New Jersey, as follows:
WHEREAS, the Borough of Glen Rock has determined that there exists a need to lease a portion of real property within the Borough of Glen Rock to permit the construction and installation of a cellular tower and;
WHEREAS, the Borough of Glen Rock intends to enter into a ten (10) year lease agreement, with two (2) five (5) year options to renew, in accordance with the terms and provisions of a Letter of Intent submitted to Philip Gulmy, Sr., the owner of premises located at Block 127, Lots 19 and 24, adjacent to 432 Grove Street, Borough of Glen Rock, State of New Jersey (“Property”) in accordance with the provisions of N.J.S.A. 40A:12-1, et seq.;
NOW THEREFORE, be it ordained by Borough Council of the Borough of Glen Rock, County of Bergen, State of New Jersey, as follows:
Section I. The Borough of Glen Rock is hereby authorized to enter into a lease agreement for the property in accordance with N.J.S.A. 40A:12-1, et seq., with Philip Gulmy, Sr. (“Gulmy”), subject to the award of a contract to the successful bidder for the construction and the installation of a cell tower on the property, the submission of a conceptual plan to the Planning Board of the Borough of Glen Rock and the satisfaction of all other conditions outlined in the Letter of Intent dated March 18, 2005 (a copy of which is on file with the Borough Clerk).
Section II. The terms and conditions of the lease agreement to be entered into between the Borough of Glen Rock and Gulmy shall be in accordance with the Letter of Intent dated March 18, 2005.
Section III. Validity_Severability. If the provisions of any section, subsection, paragraph, subdivision, or clause of this Ordinance shall be adjudged 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 IV. All Ordinances or parts of Ordinances inconsistent with the provision hereof are hereby repealed.
Section V. This Ordinance shall take effect upon passage and publication as required by law.
Ordinance Procedure: #1497 (Stormwater Management Plan)
Date of Final Reading: April 13, 2005
Date of Introduction: March 23, 2005
A motion to open this ordinance for public comment was made by Council member Knapp. Seconded by Council member O’Hagan. All were in favor.
A motion to close this ordinance for public comment was made by Council member Knapp. Seconded by Council member O’Hagan. All were in favor.
Council Resolution # 94-05
Introduced: Council Member Knapp
Seconded Council Member O’Hagan
AN ORDINANCE TO AMEND CHAPTER 171 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF GLEN ROCK – 1975 AS AMENDED ENTITLED “SEWERS” BEING AN ORDINANCE ADOPTING THE STATE MANDATED “MUNICIPAL STORMWATER MANAGEMENT PLAN” DEVELOPED BY VOLLMER ASSOCIATES LLP DATED MARCH 2005 BEING AN ORDINANCE TO ADDRESS STORMWATER-RELATED IMPACTS WITHIN THE BOROUGH OF GLEN ROCK: TO AMEND THE STANDARDS AND REGULATIONS RELATING THERETO
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 Knapp - yes
Council Member Fellig - yes
Council Member Jordan - yes
Council Member Moore – yes
Council Member O’Hagan - yes Council Member Mc Cullough - yes
BOROUGH OF GLEN ROCK
ORDINANCE NO. 1497
AN ORDINANCE TO AMEND CHAPTER 171 OF THE
REVISED GENERAL ORDINANCES OF THE BOROUGH
OF GLEN ROCK – 1975 AS AMENDED ENTITLED “SEWERS”
BEING AN ORDINANCE ADOPTING THE STATE MANDATED
“MUNICIPAL STORMWATER MANAGEMENT PLAN” DEVELOPED BY VOLLMER ASSOCIATES LLP DATED MARCH 2005 BEING AN ORDINANCE TO ADDRESS STORMWATER-RELATED IMPACTS WITHIN THE BOROUGH OF GLEN ROCK:
TO AMEND THE STANDARDS AND REGULATIONS RELATING THERETO
BE IT ORDAINED by the Borough Council, the Borough of Glen Rock, County of Bergen, State of New Jersey, as follows:
Section I – Chapter 171 of the Revised General Ordinances of the Borough of Glen Rock 1975 as amended being an Ordinance entitled “Sewers” is hereby amended as follows:
A. Section 171- 4 entitled Use of public sewers, is hereby amended by adding the adoption of the “Municipal Stormwater Management Plan” Compiled by Vollmer Associates, Dated March, 2005 and approved by the County of Bergen.
Section II - VALIDITY-SEVERABILITY. If the provisions of any section, subsection, paragraph, 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 judgments 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.
9. MEETING OPEN TO THE PUBLIC: (Before speaking at the meeting, each person must state their name and address. 5 minute limit)
Mary Henninger – Thornbury Avenue – Mrs. Henninger commented that Opeachy has applied for a plenary wholesale license. Borough Clerk Jackie Scalia commented she believes this is a renewal license.
Dan Merkle – Waldron Avenue – Mr. Merkle asked what improvements have been or will be made to the train crossing. Chief Cherry replied NJ Transit has realigned the existing gates so they are parallel to the tracks, longer arms have been installed, additional lights have been added, the sidewalk has been widened, the road has been relined to guide vehicles, additional stop signs have been added, an additional bump out has been constructed, and “No Left Turn” signs are activated when the gates are down.
Mayor van Keuren commented that even with all these precautions, many people still cut through the gates and speed over the tracks when the lights are operated.
10. ADJOURNMENT
Motion to adjourn the meeting was made by Council member Moore
Seconded by Council member Knapp
Meeting adjourned at 12:15 a.m.
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Jacqueline Scalia, Borough Clerk |
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