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PUBLIC MEETING – Wednesday, August 26, 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, August 26, 2009, at 8:00 p.m. in the Council Chambers of the Municipal Building.
Agenda: (May be subject to change)
1. CALL TO ORDER /ROLL CALL
This meeting is called pursuant to the provisions of the Open Public Meeting Law. This Meeting was included in a list of meeting notices sent to the Bergen Record and advertised in said newspaper in January, posted on the bulletin board in the Municipal Building, and has remained continuously posted as the required notices under the Statue. In addition, a copy of this notice is and has been available to the public and is on file in the office of the Municipal Clerk.
In accordance with the New Jersey State Fire & Safety Code I call your attention to the lighted exit signs. In the event the alarm sounds, move in an orderly manner toward the exit nearest you and leave the building.
Council Member O’Hagan – present
Council Member Pazan – present
Council Member Arnao – present
Council Member Orseck – present
Council Member Surrago – present
Council Member Biggs - present
2. FLAG SALUTE/ANNOUNCEMENTS
Council member Pazan led the Council in the flag salute.
3. CONSENT AGENDA
All items listed are considered to be routine and non-controversial by the Borough Council and will be approved by one motion. There will be no separate discussion on these items unless a Council member(s) so request it, in which case the item(s) will be removed from the Consent Agenda and considered in its normal sequence on the agenda. The one motion signifies adoption of all resolutions, received and filed letters, correspondence, reports and approval of applications and minutes.
Resolutions:
1. Resolution for Approval of Minutes 7/29/09
Resolution No. 238-09
Offered by Council Member Orseck
Seconded by Council Member Arnao
BE IT RESOLVED, that the Minutes of:
Meeting of July 29, 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 - absent
2. Resolution for Payment of Bills
Resolution No. 239-09
Offered by Council Member Orseck
Seconded by Council Member Arnao
BE IT RESOLVED, that the following bills of the Borough of Glen Rock be paid in the amount of $15,602,670.55.
Board of Education
$ 5,988,336.00
Class New Jersey
3,500,000.00
Payroll
547,730.24
B.C.U.A.
32,542.52
Interfund/Capital
2,200,000.00
P.S.E.&G.
39,169.29
Capital Account
45,541.00
NJSHBP
247,869.57
Bergen Cty Taxes
1,293,699.79
Bergen Cty Open Space
69,011.27
GR D.D.E.F. Trust
12,825.80
McEnerney, Brady & Co.
24,800.00
Misc.
99,561.53
Subtotal
$ 14,101,087.01
Capital
1,501,583.54
Total Payment of Bills
$ 15,602,670.55
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 - absent
3. Resolution Approving Two New Members of the Fire Department (V. Mangome & D. Kelly)
Resolution No. 240-09
Offered by Council Member Orseck
Seconded by Council Member Arnao
WHEREAS, the Fire Department wishes to have the Council pass a resolution approving two new members; and
WHEREAS, the Fire Department has recommended that these applicants:
Victor Mangome
David Kelly
are qualified candidates and thereby recommend to the governing body for ratification of these appointments,
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 applications for membership of:
Victor Mangome
David Kelly
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 - absent
4. Resolution to Award Police Operation Vehicle Bid to Beyer Bros.
Resolution No. 241-09
Offered by Council Member Orseck
Seconded by Council Member Arnao
RESOLUTION AWARDING BID FOR A POLICE OPERATIONS VEHICLE
WHEREAS, the Borough of Glen Rock received bids on August 19, 2009 for a Police Operations Vehicle, and the lowest responsible bid was received from Beyer Brothers Corp. of Fairview, New Jersey, a piece of equipment budgeted in the 2009 capital budget; and
WHEREAS, the Chief of Police has recommended the low bid, for a total of $40,343.00 for a 2010 GMC; now therefore
BE IT RESOLVED, by the Borough Council of Glen Rock, that the bid for a Police Operations Vehicle is hereby awarded to Beyer Brothers Corp. for an amount not to exceed $40,343.00, subject to certification of funds by the CFO.
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 - absent
5. Resolution for 2008 Corrective Action Plan
Resolution No. 242-09
Offered by Council Member Orseck
Seconded by Council Member Arnao
CORRECTIVE ACTION PLAN
2008 AUDIT
BOROUGH OF GLEN ROCK
COUNTY OF BERGEN
AUDIT RECEIVED: June 4, 2009
Property, Plant & Equipment:
Finding: The Borough is not maintaining a fixed asset ledger for its property, plant and equipment subsequent to December 31, 1986.
Recommendation: A complete physical inventory should be taken care of all property, plant and equipment. All should be tagged and recorded with an inventory tag. This data should be accumulated and recorded in a ledger at historical and acquisition cost. Periodic physical inventories should be performed to verify location and effective utilization of each asset. Also, all new purchases need to be recorded as pert of the fixed asset ledger.
Corrective Action: The Borough of Glen Rock had a complete physical inventory of its property, plant and equipment in 1998 by a professional company. The Borough of Glen Rock has over the past few years with the renovation of the municipal building removed and discarded many of its office furniture components. There have been on a yearly basis updates made on the inventory of equipment/vehicles by the police, fire and public works department. Once the offices move into the newly renovated municipal building, a physical inventory will be conducted to include the new equipment purchased for the renovation.
Implementation Date: Fourth Quarter 2009. Once the move to the municipal building is complete and the final purchases are made a physical inventory will be conducted by an outside firm.
General Ledger:
Finding: We noted numerous entries not recorded in the general ledger.
Recommendation: Recording of all transactions has improved, but all necessary entries should be made in the general ledger and reconciled monthly to the subsidiary ledgers on a timely basis.
Corrective Action: With the addition of the Assistant Finance Officer position, the entries in the general ledger will become timely and accurately reflect the financial position of the Borough of Glen Rock.
Implementation Date: Through numerous discussions and advisements from the auditing staff, the finance department has been since the beginning of 2009 recording entries in the general ledger on a monthly basis and remains in proof with the tax collector’s report on a monthly basis. This will ensure that at the end of the year all entries will be recorded.
Federal and State Grants:
Finding: There are federal and state grant receivables and reserves that have been unchanged for more than two years.
Recommendation: All older federal and state grant balances should be reviewed for possible collection, disbursement or write-off.
Corrective Action: The Finance Office will review the outstanding federal and state grant receivables and reserves and determine the status of each.
Implementation Date: Will be reviewed and details presented to the finance committee at the meeting of August 27, 2009, with recommendations for actions on outstanding reserves and receivables.
Municipal Court:
Finding: The bank reconciliations for the General and Bail accounts are not accurately completed each month. The cash balance on the Monthly Bail on Account Report does not equal the account balance in the Bail Account.
Recommendation: Reconciliation should be performed accurately and timely each month to maintain adequate control over cash.
Corrective Action: The Municipal Court Administrator has taken an active role in making sure the accounts are maintained and in compliance on a monthly basis.
Implementation Date: The Municipal Court Administrator has consulted with a member of our auditing team, who has provided assistance in reviewing the procedures for reconciling both the General and Bail accounts. As of June 30, 2009, the accounts were both in proof. The accounts will be monitored and proved on a monthly basis throughout the remainder of the year.
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 - absent
6. Resolution for Chapter 159 (Alcohol Education Rehab Enforcement Fund)
Resolution No. 243-09
Offered by Council Member Orseck
Seconded by Council Member Arnao
Chapter 159 Resolution
Approval of items of Revenue and Appropriation
NJS 40A:4-87
Whereas, NJS 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount was not determined at the time of the adoption of the budget; and
WHEREAS, the Director may also approve the insertion of an item of appropriation for equal amount,
NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Borough of Glen Rock in the County of Bergen, New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2009 in the amount of $417.69, which is now available from the State of New Jersey Department of the Treasury in the amount of $417.69.
BE IT FURTHER RESOLVED that the like sum of $417.69 is hereby appropriated under the caption of Alcohol Education Rehabilitation Enforcement Fund; and
BE IT FURTHER RESOLVED that the above is the result of funds from the State of New Jersey Department of the Treasury in the amount of $417.69
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 - absent
7. Resolution for Change Order (Municipal Building) – READ SEPARATELY
8. Resolution Approving Rules & Regulations for Police Department
Resolution No. 245-09
Offered by Council Member Orseck
Seconded by Council Member Arnao
WHEREAS, the Council, as the Appropriate Authority designated under Borough Ordinance §40-10, is empowered to adopt the Rules and Regulations as proposed by the Chief of Police; and
WHEREAS, pursuant to the PBA Collective Bargaining Agreement, Article III - Management Rights, subsection (A)(4), the Borough retains the right to establish a code of Rules and Regulations for the operation of the Police Department; and
WHEREAS, the Chief of Police has proposed certain revisions to the existing Rules and Regulations and has requested approval of the Governing Body, as the Appropriate Authority, to the revisions and amendments thereto; and
WHEREAS, the Council, as the Appropriate Authority, has reviewed the revisions as proposed by the Chief of Police and had found them to be acceptable.
NOW, THEREBY, BE IT RESOLVED by the Council that the revised Rules and Regulations of the Glen Rock Police Department, a copy of which is on file with the office of the Borough Clerk, as proposed by the Chief of Police, are, effective immediately, approved and adopted by the Appropriate Authority pursuant to NJSA40A:14-118 and Borough Ordinance §40-10(B); and be it further
RESOLVED, that the amended rules and regulations shall apply to all members of the Glen Rock Police Department. In the event there is a conflict between these rules and any collective bargaining agreement, personnel services contract or Federal or State law, the terms and conditions of that contract or law shall prevail. In all other cases, these rules and regulations shall prevail.
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 - absent
9. Resolution Adopting Sustainable Land Use Pledge
Resolution No. 246-09
Offered by Council Member Orseck
Seconded by Council Member Arnao
RESOLUTION ADOPTING SUSTAINABLE LAND USE PLEDGE
WHEREAS, the Planning Board has reviewed the Sustainable Land Use Pledge the has be recommended by the Glen Rock Environmental Commission for adoption, a required action to attain certification in the Sustainable Jersey program; and
WHEREAS, the Planning Board has approved the Sustainable Land Use Pledge and is recommending that the Mayor and Council adopt the same with such actions as it deems appropriate, and
WHEREAS, the Sustainable Jersey is a certification and incentive program for municipalities in New Jersey that want to go green, save money, and take steps to sustain their quality of life over the long term;
WHEREAS, the Sustainable Land Use Pledge, as required for inclusion in the Sustainable Jersey program, is attached hereto;
WHEREAS, the Mayor, Council and Planning Board have reviewed the suggestions stated in the Sustainable Land Use Pledge and acknowledges that they conform to the goals of the Borough of Glen Rock;
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of Glen Rock hereby adopt the attached Sustainable Land Use Pledge.
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 - absent
10. Resolution to Preserve Glen Rock’s Tree Canopy - PULLED
Motion to accept consent agenda by Council Member Orseck
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 - absent
7. Resolution for Change Order (Municipal Building) – READ SEPARATELY
Resolution No. 244-09
Offered by Council Member Arnao
Seconded by Council Member O’Hagan
_____________________________________________________________________________
RESOLUTION AUTHORIZING CHANGE ORDERS # 10, 15, 16
MUNICIPAL BUILDING RENOVATION PROJECT
ADDITIONAL WORK
WHEREAS, the Mayor and Council of the Borough of Glen Rock approved change orders 1 through 9 for a net total of $39,959.98; and
WHEREAS, additional changes to the original contract have occurred, resulting in additional change orders and Walter H. Poppe General Contractors has submitted the following change orders to reflect such additional work:
CHANGE ORDER # 10
Add 24” Deep Millwork in Council Chambers $ 4,954.95
CHANGE ORDER # 15
Add hand dryer circuitry per new circuit drawings $ 4,279.03
CHANGE ORDER #16
*CREDIT* For Professional Services ($13,675.00)
NET TOTAL CHANGE ORDER ($ 4,441.02)
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Glen Rock that change orders 10, 15, 16, result in a credit amount of $4,441.02 be approved as stated above.
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 - absent
4. MOTIONS
Departmental Reports
Council member Surrago (Public Works) – The DPW mechanics continue to do work “behind the scenes” and recently repaired/welded many dumpsters. Council member Surrago added the extreme rainy weather has also caused excessive hours to be spent trying to maintain the fields.
Council member Orseck (Parks & Recreation) – The pool will close on September 20th, until then the pool is operating under modified hours. Thanks to the Soccer Club for giving up some of their field time to accommodate the Men’s Softball League. The Shack Program has completed a successful year, which many new activities added. There will be a Movie Night at Wilde Park Friday evening at 8:00 p.m. A Turf Field Committee has been organized as an off-shoot of the Recreation Advisory Board.
Council member Pazan (Finance) – The Finance Committee has met to begin discussing the 2010 budget. Financially the Borough is in good shape compared to our actual budget. The Borough is very aware of the budgetary constraints that will be upon us with next year’s budget.
Council member Arnao (Buildings & Grounds) – Thanked the borough employees who have been putting in many extra hours to keep the municipal building project moving. Glen Rock TV has met and hopefully within the month this will be launched.
Council member O’Hagan (Safety) - Main Street, and the roads feeding into this street, are being looked at to improve sight lines. The Police are researching the requirements for designated bike lanes. Measures are being taken to reduce speeding with speed humps and additional stop signs on E. Gramercy and S. Highwood. Council member O’Hagan has been approached by David Engle, a high school student, who has several ideas for teen hangout activities.
Mayor van Keuren thanked the Council for the community spirit and the many suggestions made for the betterment of all residents.
Motion to accept reports as filed:
Motion by Council Member Surrago
Seconded by Council Member O’Hagan
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 - absent
5. ORDINANCES
Ordinance Procedure # 1610 (Traffic Flow on S. Highwood)
Date of Introduction: August 26, 2009
Council Resolution #247-09
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 216 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF GLEN ROCK - 1971 AS AMENDED ENTITLED "VEHICLES AND TRAFFIC” BEING AN ORDINANCE REGULATING PARKING AND OPERATION OF VEHICLES WITHIN THE BOROUGH: TO AMEND TRAFFIC FLOW ON CERTAIN STREETS 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 September 16, 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 - absent
BOROUGH OF GLEN ROCK
ORDINANCE NO. 1610
AN ORDINANCE TO AMEND CHAPTER 216 OF THE
REVISED GENERAL ORDINANCES OF THE BOROUGH
OF GLEN ROCK - 1971 AS AMENDED ENTITLED
"VEHICLES AND TRAFFIC” BEING AN ORDINANCE REGULATING
PARKING AND OPERATION OF VEHICLES WITHIN THE BOROUGH:
TO AMEND TRAFFIC FLOW ON CERTAIN
STREETS WITHIN THE BOROUGH
BE IT ORDAINED by the Borough Council, the Borough of Glen Rock, County of Bergen, State of New Jersey, as follows:
Section I - Chapter 216 of the Revised General Ordinances of the Borough of Glen Rock 1971 as amended being an Ordinance entitled "Vehicles and Traffic" is hereby amended as to the following section:
1. Subsection 216-34 entitled “Schedule VII: Stop Intersections” is hereby amended by adding thereto the following:
At Intersection of: Stop Sign on:
South Highwood Avenue East and West of Stop sign shall be installed on
Ferguson Place Ferguson Place
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: # 1606 (Fertilizer Application Regulations)
Date of Final Reading: August 26, 2009
Date of Introduction: July 29, 2009
A motion to open this ordinance for public comment was made by Council member Arnao, seconded by Council member O’Hagan. All were in favor.
A motion to close this ordinance for public comment was made by Council member Arnao, seconded by Council member O’Hagan. All were in favor.
Council Resolution #248-09
Introduced: Council Member Arnao
Seconded Council Member O’Hagan
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
Be passed upon second and final reading, and that the Borough Clerk be, and is hereby authorized and directed, to advertise the same according to law by publishing the same by title in the Bergen Record.
ROLL CALL:
Council Member O’Hagan - yes
Council Member Pazan - no
Council Member Arnao - yes
Council Member Orseck – yes
Council Member Surrago - yes
Council Member Biggs - absent
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 Final Reading: August 26, 2009
Date of Introduction: July 29, 2009
A motion to open this ordinance for public comment was made by Council member Orseck, seconded by Council member Surrago. All were in favor.
A motion to close this ordinance for public comment was made by Council member Orseck, seconded by Council member Surrago. All were in favor.
Council Resolution # 249-09
Introduced: Council Member Orseck
Seconded Council Member Surrago
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.
Be passed upon second and final reading, and that the Borough Clerk be, and is hereby authorized and directed, to advertise the same according to law by publishing the same by title in the Bergen Record.
ROLL CALL:
Council Member O’Hagan - yes
Council Member Pazan - yes
Council Member Arnao - yes
Council Member Orseck – yes
Council Member Surrago - yes
Council Member Biggs – absent
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 Final Reading: August 26, 2009
Date of Introduction: July 29, 2009
A motion to open this ordinance for public comment was made by Council member Orseck, seconded by Council member Surrago. All were in favor.
A motion to close this ordinance for public comment was made by Council member Orseck, seconded by Council member Surrago. All were in favor.
Council Resolution # 250-09
Introduced: Council Member Orseck
Seconded Council Member Surrago
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 passed upon second and final reading, and that the Borough Clerk be, and is hereby authorized and directed, to advertise the same according to law by publishing the same by title in the Bergen Record.
ROLL CALL:
Council Member O’Hagan - yes
Council Member Pazan - yes
Council Member Arnao - yes
Council Member Orseck – yes
Council Member Surrago - yes
Council Member Biggs - absent
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.
***************
Ordinance Procedure: # 1609 (Sidewalk Umbrellas)
Date of Final Reading: August 26, 2009
Date of Introduction: July 29, 2009
A motion to open this ordinance for public comment was made by Council member Arnao, seconded by Council member O’Hagan. All were in favor.
A motion to close this ordinance for public comment was made by Council member Arnao, seconded by Council member O’Hagan. All were in favor.
Council Resolution # 251-09
Introduced: Council Member Arnao
Seconded Council Member O’Hagan
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 passed upon second and final reading, and that the Borough Clerk be, and is hereby authorized and directed, to advertise the same according to law by publishing the same by title in the Bergen Record.
ROLL CALL:
Council Member O’Hagan - yes
Council Member Pazan - no
Council Member Arnao - yes
Council Member Orseck – yes
Council Member Surrago - yes
Council Member Biggs - absent
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)
Mayor van Keuren asked Leslie Kameny to address the Tree Canopy resolution. Leslie commented on the tree budget and long term goals for tree planting. Leslie added that the Environmental Commission has set a goal of 30% tree coverage where applicable and laid out possible scenarios and timelines to achieve this goal.
Mayor van Keuren reported that, regrettably, the large tree to the left of the municipal building has been damaged beyond recovery and the tree will need to be taken down. The Shade Tree Commission will be consulted with regards to a replacement tree.
Jeanne Rey – 153 Winslow Terrace – Mrs. Rey encouraged residents to remove new growth limbs from their trees.
Mary Henninger – Mrs. Henninger questioned what the textile bid entails. Council member Surrago stated the borough has an opportunity to raise funds with recycled clothing. Mrs. Henninger previously asked for the total number of affordable housing units (118 originally) which is not down to 25 units. The Senior Shuttle will now offer a trip to Bergen Town Center. Mrs. Henninger noted the deer population has increased.
Cindy Mehallow – 373 Dunham Place – Mrs. Mehallow noted that the Environmental Commission/Sustainability Committee has begun dialogues with Public Works in an effort to make the Recycling Center and DPW yard more environmentally friendly. Mrs. Mehallow noted that the water conservation ordinance currently on file lacks reference to mandatory rain sensors. This would bring the Borough’s ordinance in compliance with the State regulations. The Composting Workshop that was held last year will be held again this year. Mrs. Mehallow asked if there will be bike racks at the Municipal Building.
Mark McCullough – 400 Prospect Street – Mr. McCullough asked if the Budget Committee is indeed working on the school budget and taking steps to make large reductions. Council member Pazan stated that statement was a misreported in the paper. Mr. McCullough commented that forcing the Council to make reductions to the school budget is the “stupidest” system ever!
Ralph Henninger – Thornbury Avenue – Mr. Henninger expressed his appreciation for the Council watching the budget so closely. Mr. Henninger added that the town should do all they can to continue (and increase) tree planting from an environmental standpoint.
Tom Lociccero – All Points Towing – Mr. Lociccero commended the Council for the passage of the towing ordinance. Mr. Lociccero noted that many towns are considering ordinance changes to which he will cite Glen Rock as an excellent example.
Greg Tondi – Gramercy Place – Mr. Tondi asked what the annual budget is ($16.1 million). Mr. Tondi stated the Shade Tree Commission is asking for less than 1%. Council member Arnao noted that we do not have enough resident’s to take all of the trees that are available. Mr. Tondi replied perhaps we should just plant the trees and not wait for the homeowner’s permission. Council member Surrago noted that we’re asking for the homeowner’s to help take care (watering) of the tree.
6. ADJOURNMENT
Motion to adjourn the meeting was made by Council member O’Hagan
Seconded by Council member Surrago
Meeting adjourned at 9:05 p.m.
_____________________________
Jacqueline Scalia, Borough Clerk
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