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PUBLIC MEETING – Wednesday, July 29, 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, July 29, 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
Resident Doris Ciaramella led the Council and audience in the flag salute.
Rob Saydah, representative of the Yaw Paw Foundation presented DARE Officer Matt Stanislao with a check for $3,500.
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 6/24/09 & 7/16/09
Resolution No. 226-09
Offered by Council Member Orseck
Seconded by Council Member Biggs
BE IT RESOLVED, that the Minutes of:
Meeting of June 24, & July 16, 2009
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. 227-09
Offered by Council Member Orseck
Seconded by Council Member Biggs
BE IT RESOLVED, that the following bills of the Borough of Glen Rock be paid in the amount of $7,399,962.31.
Board of Education
$ 2,300,000.00
Payroll
867,580.75
B.C.U.A.
31,208.38
Capital Account
500,000.00
P.S.E.&G.
30,307.21
Est. of Sinibaldo Leone
14,058.21
Lincoln Financial Grp.
74,196.00
Bergen Cty J.I.F.
105,743.68
P.V.S.C.
131,505.10
Winner Ford
44,761.00
Misc.
168,110.68
Subtotal
$ 4,267,471.01
Capital
3,132,491.30
Total Payment of Bills
$ 7,399,962.31
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 Renewal of Liquor License (Bottle King)
Resolution No. 228-09
Offered by Council Member Orseck
Seconded by Council Member Biggs
__________________________________________________________________________
WHEREAS, the statutory requirements as to renewal of the following Alcoholic Beverage License have been met:
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council that the following Alcoholic Beverage Licenses are hereby renewed by the Mayor and Council of the Borough of Glen Rock effective July 29, 2009.
Rock Liquors, Inc. t/a Bottle King 924 Prospect St. PRD $1,630
0222-44-006-002
BE IT FURTHER RESOLVED, that a certified copy of this resolution be sent to the New Jersey Department of Law & Public Safety, Division of Alcoholic Beverage Control, in Trenton, New Jersey.
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 Approving Member of the Fire Department (L. Miehe)
Resolution No. 229-09
Offered by Council Member Orseck
Seconded by Council Member Biggs
WHEREAS, the Fire Department wishes to have the Council pass a resolution approving this member; and
WHEREAS, the Fire Department has recommended that this applicant:
Lucas Miehe
is a qualified candidate and thereby recommend to the governing body for ratification of this appointment,
NOW, THEREFORE, IT IS HEREBY RESOLVED, that in accordance with the bylaws of the Glen Rock Fire Department the Borough Council of the Borough of Glen Rock does hereby accept the recommendation of the Fire Department and accepts the application for membership of:
Lucas Miehe
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 Local Government Energy Audit
Resolution No. 230-09
Offered by Council Member Orseck
Seconded by Council Member Biggs
BOROUGH OF GLEN ROCK
LOCAL GOVERNMENT ENERGY AUDIT
WHEREAS, the New Jersey Board of Public Utilities, Office of Clean Energy administers the Local Government Energy Audit Program (Program), an incentive program to assist local government agencies to conduct energy audits and to encourage implementation of energy conservation measures; and,
WHEREAS, the Governing Body of the Borough of Glen Rock has decided to apply to participate in the Local Government Energy Audit Program; and,
WHEREAS, the facilities to be audited are in New Jersey, are owned by the Borough of Glen Rock, are served by a New Jersey regulated public utility, and that the Borough of Glen Rock has not already reserved $100,000 in the Program this year as of this application; and,
WHEREAS, it is acknowledged that acceptance into the Program is dependent on the Scope of Work and cost proposal, and that Program rules will have to be met in order to receive incentive funds; and,
WHEREAS, upon acceptance into the Program, the Borough of Glen Rock will prepare Facility Data Forms and Scopes of Work for each facility to be audited, solicit quotations from the authorized contractors, and submit the Part B application; and,
WHEREAS, the Borough of Glen Rock understands that energy audit work cannot proceed until an Application Approval Notice is received from the Program; and,
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Glen Rock approves the submission of an Application for participation in the Local Government Energy Audit Program of the New Jersey Board of Public Utilities.
ROLL CALL:
Council Member Knapp – yes
Council Member O’Hagan - yes
Council Member Pazan – yes
Council Member Arnao – yes
Council Member Orseck - yes
Council Member Surrago - yes
6. Resolution for 2008 Corrective Action Plan - PULLED
7. Resolution for Permanent Appointment for Officer R. Surdyka
Resolution No. 231-09
Offered by Council Member Orseck
Seconded by Council Member Biggs
RESOLUTION FOR PERMANENT APPOINTMENT FOR ROBERT SURDYKA
POLICE OFFICER
WHEREAS, the Governing Body has appointed Robert Surdyka to the position of Police Officer of the Glen Rock Police Department effective July 7, 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, Fred Stahman, Chief of Police has recommended to the Mayor and Council that Robert Surdyka 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 Robert Surdyka effective July 7, 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
8. Resolution Authorizing Professional Service Contract for Website Redesign
Resolution No.: 232-09
Offered by Council Member: Orseck
Seconded by Council Member: Biggs
______________________________________________________________________________
RESOLUTION AUTHORIZING SERVICES CONTRACT
WHEREAS, the Borough of Glen Rock is interested in updating and revising the Borough website, and
WHEREAS a proposal for this service in the amount of $4,500, has been submitted by Blue Door Design Group, a full-service web and print design firm based in Ridgewood, NJ, specializing in providing high quality design and brand development services; and
WHEREAS, the proposal will include phase 1 as per attached; and
WHEREAS, the proposal for such design work was evaluated by members of the Borough Council and the Borough Attorney for review,
NOW THEREFOR BE IT, RESOLVED, by the Borough Council of Glen Rock, that the Borough Administrator is hereby authorized to enter into a contract with Blue Door Design Group to provide web site design services for the Borough of Glen Rock, phase 1, as per the contract price of $4,500, as per the attached proposal.
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 Orseck,
Seconded by Council Member Biggs
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
Council member O’Hagan thanked Luke Miehe for joining the Fire Department, which coincidentally he is also a member of the Ambulance Corps.
4. MOTIONS
Departmental Reports
Council member Arnao (Buildings & Grounds) – Fees and permits are less than for the same period last year. The Municipal Building has hit several key milestones this week and we’re optimistic we will be able to adhere to the revised schedule. “Glen Rock TV” has aired its first show with highlights of the 4th of July Parade.
Council member Pazan (Finance) – The Finance Committee recently went over the actual budget expenditures for the last six months. Relatively speaking and compared to other municipalities the Borough is in good shape.
Council member Orseck (Parks & Recreations) – The combination of no Public Works seasonal help and the weather have created an issue of many recreational games being cancelled. Approximately 270 residents joined the Shack program. The pool continues to run beautifully. The Children’s Playground will be closed and renovated, which is partially funded by grant money. The playground will become handicapped accessible and will include some much needed improvements.
Council member Biggs (Licenses & Franchises) – No report at this time.
Council member Surrago (Public Works) – Due to the amount of rain received the ball field maintenance man hours are up 30%. Public Works has met with Recreation in an attempt to determine man hours needed to make the fields playable on weekends. Plans for the Children’s Park were presented at the work session. DPW will be helping with the demolition of the playground and removal of equipment.
Council member O’Hagan – (Public Safety) - The Police Department is increasing their traffic patrol and ticket issuance has increased. People are asked to slow down and obey traffic signs. Council member O’Hagan thanked Public Works for what they are able to do with the fields given their resources and manpower.
Motion to accept reports as filed
Motion by Council Member Pazan
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 # 1606 (Fertilizer Application Regulations)
Date of Introduction: July 29, 2009
Council Resolution # 233-09
Introduced by Council Member O’Hagan
Seconded by Council Member Pazan
Be It Resolved by the Borough Council of the Borough of Glen Rock that AN ORDINANCE TO AMEND CHAPTER 162 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF GLEN ROCK - 1971 AS AMENDED ENTITLED "PROPERTY MAINTENANCE”, BEING AN ORDINANCE ESTABLISHING REGULATIONS FOR THE APPLICATION OF FERTILIZER
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 August 26, 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. 1606
AN ORDINANCE TO AMEND CHAPTER 162 OF THE REVISED
GENERAL ORDINANCES OF THE BOROUGH OF GLEN ROCK - 1971
AS AMENDED ENTITLED "PROPERTY MAINTENANCE”, BEING AN ORDINANCE ESTABLISHING REGULATIONS FOR
THE APPLICATION OF FERTILIZER
WHEREAS, the New Jersey Department of Environmental Protection (NJDEP) in accordance with the requirements of “Amendment to the Northeast, Upper Raritan, Sussex County and Upper Delaware Water Quality Management Plans Total Maximum Daily Load Report For
the Non-Tidal Passaic River Basin Addressing Phosphorus Impairments Watershed Management Areas 3, 4, and 6" has mandated that all municipalities adopt an ordinance regulating the application of fertilizer, consistent with a model ordinance provided by the NJDEP, as an additional measure to protect and improve surface water quality.
BE IT ORDAINED by the Borough Council, the Borough of Glen Rock, County of
Bergen, State of New Jersey, as follows:
Section I - Chapter 162 of the Revised General Ordinances of the Borough of Glen Rock 1971, as amended, being an Ordinance entitled "Property Maintenance" is hereby amended as follows:
1. There is added to Section 162-13, “Fertilizer Application” the following:
Ҥ162.1. Fertilizer Application.
An ordinance to regulate the outdoor application of fertilizer so as to reduce the overall amount of excess nutrients entering waterways, thereby helping to protect and improve surface water quality. This ordinance does not apply to fertilizer application on commercial farms.
§162.2. Basics and Definitions.
Elevated levels of nutrients, particularly phosphorus, in surface waterbodies can result in excessive and accelerated growth of algae and aquatic plants (eutrophication). Excessive plant growth can result in diurnal variations and extremes in dissolved oxygen and pH, which in turn, can be detrimental to aquatic life. As algae and plant materials die off, the decay process creates a further demand on dissolved oxygen levels. The presence of excessive plant matter can also restrict use of the affected water for recreation and water supply.
While healthy vegetated areas are protective of water quality by stabilizing soil and filtering precipitation, when fertilizers are applied to the land surface improperly or in excess of the needs of target vegetation, nutrients can be transported by means of stormwater to nearby waterways, contributing to the problematic growth of excessive aquatic vegetation. Most soils in New Jersey contain sufficient amounts of phosphorus to support adequate root growth for established turf. Over time, it is necessary to replenish available phosphorus, but generally not at the levels commonly applied. Other target vegetation, such as vegetable gardens and agricultural/horticultural plantings, will have a greater need for phosphorus application, as will the repair or establishment of new lawns or cover vegetation. A soils test and fertilizer application is also critical to avoid transport of nutrients to waterways through stormwater runoff without accomplishing the desired objective of supporting target vegetation growth.
Therefore, the management of the type, amount and techniques for fertilizer application is necessary as one tool to protect water resources. This ordinance does not apply to application of fertilizer on commercial farms, but improper application of fertilizer on farms would be problematic as well. Stewardship on the part of commercial farmers is needed to address this potential source of excess nutrient load to waterbodies. Commercial farmers are expected to implement best management practices in accordance with conservation management plans or resource conservation plans developed for the farm by the Natural Resource Conservation Service and approved by the Soil Conservation District Board.
§162.3 Definitions.
For the purpose of this ordinance, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this Ordinance clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future words used in the plural number include the singular number, and words used in the singular member include the plural number. The word “shall” is always mandatory and not merely directory.
a. Commercial Farm - a farm management unit producing agricultural or horticultural products worth $2,500 or more annually.
b. Fertilizer - means a fertilizer material, mixed fertilizer or any other substance containing one or more recognized plant nutrients, which is used for its plant nutrient content, which is designed for use or claimed to have value in promoting plant growth, and which is sold, offered for sale, or intended for sale.
c. Impervious Surface - a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water. This term shall be used to include any highway, street, sidewalk, parking lot, driveway, or other material that prevents infiltration of water into the soil.
d. Person - any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
e. Phosphorus Fertilizer - any fertilizer that contains phosphorus, expressed as P2O5, with a guaranteed analysis of greater than zero; except that it shall not be considered to include animal (including human) or vegetable manures, agricultural liming materials, or wood ashes that have not been amended to increase their nutrient content.
f. Soil Test - a technical analysis of soil conducted by an accredited soil testing laboratory following the protocol for such a test established by Rutgers Cooperative Research and Extension.
g. Waterbody - a surface water feature, such as a lake, river, stream, creek, pond, lagoon, bay or estuary.
§162.4 Prohibited Conduct.
No person may do any of the following:
a. Apply fertilizer when a runoff producing rainfall is occurring or predicted and/or when soils are saturated and a potential for fertilizer movement off-site exists.
b. Apply fertilizer to an impervious surface. Fertilizer inadvertently applied to an impervious surface must be swept or blown back into the target surface or returned to either its original or another appropriate container for reuse.
c. Apply fertilizer within the buffer of any waterbody.
d. Apply fertilizer more than fifteen (15) days prior to the start of or at any time after the end of the recognized growing season of March 15 to October 31.
§162.5 Phosphorus Fertilizer Application.
No person may do the following:
a. Apply phosphorus fertilizer in outdoor areas except as demonstrated to be needed for the specific soils and target vegetation in accordance with a soils test and the associated annual fertilizer recommendation issued by Rutgers Cooperative Research and Extension.
b. Exceptions:
1. Application of phosphorus fertilizer needed for:
a. Establishing vegetation for the first time, such as after land disturbance, provided the application is in accordance with the requirements established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq. and implementing rules;
b. Re-established or repairing a turf area.
2. Application of phosphorus fertilizer that delivers liquid or granular fertilizer under the soils surface, directly to the feeder roots.
3. Application of phosphorus fertilizer to residential container plantings, flowerbeds, or vegetable gardens.
§162.6 Enforcement.
This ordinance shall be enforced by the Department of Public Works, Police Department and/or Stormwater Manager.
§162.7 Violations and Penalties.
Any person(s) found to be in violation of the provisions of this ordinance shall be subject to a fine not to exceed $2,000.
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 # 1607 (Towing Fees)
Date of Introduction: July 29, 2009
Council Resolution # 234-09
Introduced by Council Member Pazan
Seconded by Council Member Orseck
Be It Resolved by the Borough Council of the Borough of Glen Rock that 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 AMEND THE STANDARDS AND REGULATIONS RELATING THERETO.
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 August 26, 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. 1607
AN ORDINANCE TO AMEND CHAPTER 204 THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF GLEN ROCK - 1971 AS AMENDED ENTITLED "TOWING”; BEING AN ORDINANCE REGULATING AND ENFORCING TOWING, ROAD SERVICES AND STORAGE OF
VEHICLES IN THE BOROUGH OF GLEN ROCK
BE IT ORDAINED by the Borough Council, the Borough of Glen Rock, County of Bergen, State of New Jersey, as follows:
Section I - Chapter 204 of the Revised General Ordinances of the Borough of Glen Rock 1971 as amended being an Ordinance entitled "Towing" is hereby amended as follows:
1. Section 204-3 entitled “Definitions” is amended by adding thereto the following:
“Winching - if a vehicle has no gas, has flat tires and/or does not roll freely, then the vehicle must be winched;
Recovery - to retrieve from a location off the roadway, upright a rolled over vehicle, if the vehicle is underneath or impaled onto another object, then it must be recovered”.
2. Subsection 204-5 “Qualification, Criteria and Application Procedures for Emergency Towing and Road Services” is amended as follows”
I. Subsection A is deleted in its entirety and replaced with the following:
“A. It shall be the responsibility of the Borough Administrator or his or her designee, with the advice of the Chief of Police, to approve all applications for towing operators to be utilized on a rotational basis for the purpose of providing emergency towing, road and storage services to the owners of motor vehicles utilizing Borough roads when he or she determines that the following requirements have been met by the applicant. On forms prepared by the Borough and provided by the Borough Administrator or his or her designee, all towing operators shall submit written documentation that they are in compliance with the qualification requirements set forth as follows:
All towing operators shall submit a certificate of insurance to the Borough Administrator, which certificate shall name the Borough as an additional insured. The certificate shall provide evidence that the towing operator carries the following insurance coverages:
I. Insurance Requirements.
The towing operator shall provide and maintain the following types of insurance coverage to be obtained from the insurance companies licensed to do business in the State of New Jersey and shall provide the Borough of Glen Rock with certificates of insurance evidencing proof of the following required coverages:
a. General property damages and liability insurance in an amount not less than $1,000,000 combined single limit, including additional garage-keepers coverage, shall be primary as respects vehicles of others and shall include collision coverage.
b. Garage-keeper’s Liability Insurance in an amount not less than $1,000,000, per location, shall be required.
c. Worker’s Compensation as required by law shall be required.
d. Policies of insurance shall be written by insurance companies authorized to do business in the State of New Jersey.
e. The Borough of Glen Rock shall be named as an additional insured on all policies of insurance provided pursuant to this chapter. All certificates of insurance shall provide that the policies may not be cancelled or terminated or coverage decreased without thirty (30) days written notice to the Borough. Such insurance shall be primary.
f. Policies of insurance required by this chapter shall be maintained in full force and effect at all times. In the event that any coverage is cancelled or terminated or coverage decreased in amount, the tower shall be removed immediately from the official towers list until such time as required coverage is reinstated or replaced.
ii. Subsection B amended by adding thereto the following:
“B. Official towers shall enter into a hold harmless agreement in a form to be prepared by the Borough Attorney prior to providing the services as set forth in this Chapter.
3. Section 204-6 entitled “Minimum Standards Governing Operator Performance” is hereby amended as follows:
I. Subsection “J” is amended by substituting “Borough Administrator” for “Borough Manager”.
ii. There is added thereto new Subsections “O” and “P” to read as follows:
“O. Equipment Requirements.
1. The equipment to be used by the towing operator shall meet the following requirements:
a. All equipment must be of the type, condition and design to efficiently perform the work required by the Borough of Glen Rock.
2. A licensee, when filing an application and at all times while holding a license under this chapter shall own or lease for use in performing the services required by the licensee the services required by the license the following pieces of equipment:
a. Two light duty wreckers;
b. Three flatbed trucks;
c. One medium duty wrecker;
d. Two heavy-duty hydraulic wreckers, one with at least 30 ton capacity and three stage under reach;
e. A storage facility of at least 6,000 square feet, an area that is lighted, fenced and has video surveillance. Storage facility must be located within one mile of the border of Glen Rock.
3. The hours of release for any impounded vehicles are Monday-Friday from 8:00 a.m. to 4:30 p.m. If the owner of the vehicle is requesting that the vehicle be released after hours, there will be a $60.00 fee for after-hours release”.
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.
***************
Ordinance Procedure # 1608 (Towing Practices and Procedures)
Date of Introduction: July 29, 2009
Council Resolution # 235-09
Introduced by Council Member O’Hagan
Seconded by Council Member Surrago
Be It Resolved by the Borough Council of the Borough of Glen Rock that AN ORDINANCE TO AMEND CHAPTER 204 THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF GLEN ROCK - 1971 AS AMENDED ENTITLED "TOWING”; BEING AN ORDINANCE REGULATING AND ENFORCING TOWING, ROAD SERVICES AND STORAGE OF VEHICLES IN THE BOROUGH OF GLEN ROCK
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 August 26, 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. 1608
AN ORDINANCE TO AMEND CHAPTER 204 THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF GLEN ROCK - 1971 AS AMENDED ENTITLED "TOWING”; BEING AN ORDINANCE REGULATING AND ENFORCING TOWING, ROAD SERVICES AND STORAGE OF
VEHICLES IN THE BOROUGH OF GLEN ROCK
BE IT ORDAINED by the Borough Council, the Borough of Glen Rock, County of Bergen, State of New Jersey, as follows:
Section I - Chapter 204 of the Revised General Ordinances of the Borough of Glen Rock 1971 as amended being an Ordinance entitled "Towing" is hereby amended as follows:
1. Section 204-3 entitled “Definitions” is amended by adding thereto the following:
“Winching - if a vehicle has no gas, has flat tires and/or does not roll freely, then the vehicle must be winched;
Recovery - to retrieve from a location off the roadway, upright a rolled over vehicle, if the vehicle is underneath or impaled onto another object, then it must be recovered”.
2. Subsection 204-5 “Qualification, Criteria and Application Procedures for Emergency Towing and Road Services” is amended as follows”
I. Subsection A is deleted in its entirety and replaced with the following:
“A. It shall be the responsibility of the Borough Administrator or his or her designee, with the advice of the Chief of Police, to approve all applications for towing operators to be utilized on a rotational basis for the purpose of providing emergency towing, road and storage services to the owners of motor vehicles utilizing Borough roads when he or she determines that the following requirements have been met by the applicant. On forms prepared by the Borough and provided by the Borough Administrator or his or her designee, all towing operators shall submit written documentation that they are in compliance with the qualification requirements set forth as follows:
All towing operators shall submit a certificate of insurance to the Borough Administrator, which certificate shall name the Borough as an additional insured. The certificate shall provide evidence that the towing operator carries the following insurance coverages:
I. Insurance Requirements.
The towing operator shall provide and maintain the following types of insurance coverage to be obtained from the insurance companies licensed to do business in the State of New Jersey and shall provide the Borough of Glen Rock with certificates of insurance evidencing proof of the following required coverages:
a. General property damages and liability insurance in an amount not less than $1,000,000 combined single limit, including additional garage-keepers coverage, shall be primary as respects vehicles of others and shall include collision coverage.
b. Garage-keeper’s Liability Insurance in an amount not less than $1,000,000, per location, shall be required.
c. Worker’s Compensation as required by law shall be required.
d. Policies of insurance shall be written by insurance companies authorized to do business in the State of New Jersey.
e. The Borough of Glen Rock shall be named as an additional insured on all policies of insurance provided pursuant to this chapter. All certificates of insurance shall provide that the policies may not be cancelled or terminated or coverage decreased without thirty (30) days written notice to the Borough. Such insurance shall be primary.
f. Policies of insurance required by this chapter shall be maintained in full force and effect at all times. In the event that any coverage is cancelled or terminated or coverage decreased in amount, the tower shall be removed immediately from the official towers list until such time as required coverage is reinstated or replaced.
ii. Subsection B amended by adding thereto the following:
“B. Official towers shall enter into a hold harmless agreement in a form to be prepared by the Borough Attorney prior to providing the services as set forth in this Chapter.
3. Section 204-6 entitled “Minimum Standards Governing Operator Performance” is hereby amended as follows:
I. Subsection “J” is amended by substituting “Borough Administrator” for “Borough Manager”.
ii. There is added thereto new Subsections “O” and “P” to read as follows:
“O. Equipment Requirements.
1. The equipment to be used by the towing operator shall meet the following requirements:
a. All equipment must be of the type, condition and design to efficiently perform the work required by the Borough of Glen Rock.
2. A licensee, when filing an application and at all times while holding a license under this chapter shall own or lease for use in performing the services required by the licensee the services required by the license the following pieces of equipment:
a. Two light duty wreckers;
b. Three flatbed trucks;
c. One medium duty wrecker;
d. Two heavy-duty hydraulic wreckers, one with at least 30 ton capacity and three stage under reach;
e. A storage facility of at least 6,000 square feet, an area that is lighted,
fenced and has video surveillance. Storage facility must be located within
one mile of the border of Glen Rock.
P. The hours of release for any impounded vehicles are Monday-Friday from 8:00 a.m. to 4:30 p.m. If the owner of the vehicle is requesting that the vehicle be released after hours, there will be a $60.00 fee for after-hours release”.
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 # 1609 (Sidewalk Umbrellas)
Date of Introduction: July 29, 2009
Council Resolution # 236-09
Introduced by Council Member Arnao
Seconded by Council Member Orseck
Be It Resolved by the Borough Council of the Borough of Glen Rock that AN ORDINANCE TO SUPPLEMENT SECTION 116 OF THE BOROUGH OF GLEN ROCK ENTITLED “FOOD ESTABLISHMENT”; TO PROVIDE FOR SIDEWALK CAFE’S IN VARIOUS DISTRICTS WITHIN THE BOROUGH
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 August 26, 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 - no
Council Member Arnao - yes
Council Member Orseck – yes
Council Member Surrago - yes
Council Member Biggs - yes
BOROUGH OF GLEN ROCK
ORDINANCE NO. 1609
AN ORDINANCE TO SUPPLEMENT SECTION 116 OF THE BOROUGH OF GLEN ROCK ENTITLED “FOOD ESTABLISHMENT”; TO PROVIDE FOR SIDEWALK CAFE’S IN VARIOUS DISTRICTS 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 116 of the Revised General Ordinances of the Borough of Glen Rock, 1971, as amended, being an Ordinance entitled “FOOD ESTABLISHMENT” is hereby amended as to the following subsections:
1. Section 116 entitled “Sidewalk Cafes”, subsection 116.10 “Application for License” is amended as follows:
i) Subsection E, with the exception of items 1 through 6, is deleted in its entirety and replaced with the following:
“E. Three sets of a proposed layout plan containing scaled drawings clearly illustrating the number, type of materials, color and location of all tables, chairs, umbrellas or other furnishings or fixtures intended to be located in the sidewalk café. The perimeter of the sidewalk café shall be defined and set off by a portable-type enclosure, which may include live plantings. The enclosure shall define the perimeter of the area to be used as an sidewalk café and shall separate it from the pedestrians traversing the adjacent sidewalk. The enclosure shall not contain doors or windows nor air conditioning or heating equipment and shall be open at all times to the air from a height of not more than three feet. Awnings, without any form of marking or advertisement extending over the enclosure, are permitted. Sidewalk umbrellas are permitted and may also contain the name of the business referenced in Section 116-10(B) above in lettering no greater than 3" in size. The scaled drawings shall also illustrate the following:”
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.
5. MEETING OPEN TO THE PUBLIC: (Before speaking at the meeting, each person must state their name and address. 5 minute limit)
Doris Ciaramella – 15 Austin Place – Mrs. Ciaramella commended the people involved in the 4th of July Parade. Mrs. Ciaramella asked the status of the liquor license for the Greek Taverna. Council member Arnao stated it is regulated through the State. Mrs. Ciaramella also commended the pool facility and concession stand. Mrs. Ciaramella commented that the new restaurant “Glen Panda” is excellent and should be visited by all.
Jim Seaton – Ferndale Avenue – Mr. Seaton shared some pictures of unsafe conditions in town, i.e. town trees, potholes, drains which should be addressed. Mr. Seaton also stated cracks in the road should be repaired immediately before they have a chance to expand. Mr. Seaton questioned why the maintenance of borough property is let go to the point of disrepair.
Thomas Ciciro – Owner, All Points Towing – On behalf of City Wide Towing and All Points Towing, Mr. Ciciro thanked the Council for their quick decision in dealing with issues in the towing ordinance. The previous towing ordinance has been in place for nearly 20 years and noted the introduction of the towing ordinance this evening addressed many long-overdue issues.
Paul Sharar – Rock Road – Mr. Sharar thanked the Council for their passage of the energy audit resolution.
Irene Brown – 675 Lincoln Avenue – Mrs. Brown re-enforced the importance of driving the speed around town and being cognizant of your surroundings as she recently witnessed a child on a bike who flew into the street without looking for vehicles.
6. ADJOURNMENT
Motion to adjourn the meeting was made by Council member O’Hagan
Seconded by Council member Arnao
Meeting adjourned at 8:50 p.m.
_____________________________
Jacqueline Scalia, Borough Clerk
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