[Template Page] - Glen Rock Borough

PUBLIC MEETING – Wednesday, August 27, 2008 at 8:00 p.m.

There will be a Public Meeting of the Mayor and Council of the Borough of Glen Rock on Wednesday, August 27, 2008, at 8:00 p.m. in the Council Chambers of the Municipal Building.

Agenda: (May be subject to change)

1. CALL TO ORDER /ROLL CALL

This meeting is called pursuant to the provisions of the Open Public Meeting Law. This Meeting was included in a list of meeting notices sent to the Bergen Record and advertised in said newspaper in January, posted on the bulletin board in the Municipal Building, and has remained continuously posted as the required notices under the Statue. In addition, a copy of this notice is and has been available to the public and is on file in the office of the Municipal Clerk.

In accordance with the New Jersey State Fire & Safety Code I call your attention to the lighted exit signs. In the event the alarm sounds, move in an orderly manner toward the exit nearest you and leave the building.

Council Member Knapp – present Council Member O’Hagan – present
Council Member Pazan – present Council Member Arnao – present
Council Member Orseck – present Council Member Surrago - present

J. van Keuren, Mayor - present L. Benjamin, Borough Admin. - present
P. Fleming, Deputy Clerk - present R. Garibaldi, Borough Attorney – present

2. FLAG SALUTE/ANNOUNCEMENTS

Council member Orseck led the Council and audience 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 7/30/08

Resolution No. 174-08
Offered by Council Member Surrago
Seconded by Council Member Arnao

BE IT RESOLVED, that the Minutes of:

Meeting of July 30, 2008

Be accepted as submitted.

ROLL CALL:
Council Member Knapp – yes Council Member O’Hagan – yes
Council Member Pazan – yes Council Member Arnao – yes
Council Member Orseck – yes Council Member Surrago - yes

2. Resolution for Payment of Bills

Resolution No. 175-08
Offered by Council Member Surrago
Seconded by Council Member Arnao

BE IT RESOLVED, that the following bills of the Borough of Glen Rock be paid in the amount of $12,849,201.91

Board of Education $ 6,172,819.00
Payroll 578,626.73
BCUA 31,532.28
Allied Oil 13,576.34
Chase 658,842.51
NJSHBF 116,474.75
Class 3,000,000.00
Capital Fund 250,000.00
Delta Dental 18,781.03
BCMJIF 99,884.31
Leone 25,477.59
County of Bergen 1,270,893.60
Lincoln Financial 74,368.00
NWBCD 62,423.60
Garibaldi 12,477.94
PSEG 100,942.19
Misc. 98,589.19
Subtotal $ 12,585,709.06
Capital 263,492.85
Total Payment of Bills $ 12,849,201.91
ROLL CALL:
Council Member Knapp – yes Council Member O’Hagan – yes
Council Member Pazan - yes Council Member Arnao - yes
Council Member Orseck - yes Council Member Surrago - yes

3. Resolution Approving Two Members to the Volunteer Fire Dept.

Resolution No. 176-08
Offered by Council Member Surrago
Seconded by Council Member Arnao

WHEREAS, the Fire Department wishes to have the Council pass a resolution approving these members; and

WHEREAS, the Fire Department has recommended that these applicants:

Matthew Patoir
James Bartlett

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 recommendations of the Fire Department and accepts the application for membership of:

Matthew Patoir
James Bartlett
ROLL CALL:
Council Member Knapp – yes Council Member O’Hagan - yes
Council Member Pazan – yes Council Member Arnao – yes
Council Member Orseck – yes Council Member Surrago - yes

4. Resolution Authorizing Mayor to Sign Snow Plow Agreement

Resolution No. 177-08
Offered by Council Member Surrago
Seconded by Council Member Arnao

RESOLUTION AUTHORIZING MAYOR TO SIGN AGREEMENT WITH
BERGEN COUNTY FOR SNOW PLOWING PROGRAM
WHEREAS, the County of Bergen wishes to enter into an agreement with the Borough of Glen Rock for snow plowing services, and

WHEREAS, the Borough of Glen Rock agrees to furnish the necessary equipment and personnel required to perform snow plowing operations on County roads located within the Borough of Glen Rock, and

WHEREAS, the County of Bergen shall compensate the Borough of Glen Rock for conducting snow plowing operations on County roads within the Borough according to the price schedule provided; and

NOW, THEREFORE, BE IT RESOLVED, that the Mayor is hereby authorized and directed to sign the 2008-2010 Municipal Snow Plowing Agreement.

ROLL CALL:
Council Member Knapp – yes Council Member O’Hagan - yes
Council Member Pazan – yes Council Member Arnao – yes
Council Member Orseck - yes Council Member Surrago - yes

5 Resolution Accepting 2007 Audit – Removed …
6 Resolution for Correction Action Plan – Removed …

7. Resolution Authorizing Refund of Redemption Monies to Outside Lien Holder
(Tafaro)

Resolution No. 178-08
Offered by Council Member Surrago
Seconded by Council Member Arnao

RESOLUTION AUTHORIZING REFUND OF REDEMPTION MONIES TO OUTSIDE LIENHOLDERS

WHEREAS, at the following municipal tax sale, a lien was sold on Block 178 Lot 9 Qualifier CCZ6W, also known as 26 Pamrapo Court West in Glen Rock, NJ

SALE DATE 12/08/2005 TAX SALE CERTIFICATE #2005-002 at 8% in the amount of $3,192.32 total to redeem $4,002.68

WHEREAS, the above certificate was sold to RCM Holdings,

WHEREAS, Jerry Cunningham has effected redemption for owner Tafaro, totaling $4,002.68,

NOW, THEREFORE, BE IT RESOLVED, that the CFO be authorized to issue a check in the amount of $4,002.68 payable to RCM Holdings, P.O. Box 196 Hawthorne, NJ 07507 for the above redemption of certificate.

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

8. Resolution Setting 2006 Apron Installment Payments

Resolution No. 179-08
Offered by Council Member Surrago
Seconded by Council Member Arnao
______________________________________________________________________________
RESOLUTION SETTING THE INSTALLMENT PAYMENTS
FOR 2006APRON ASSESSMENTS ORDINANCE #1523 & 1537

WHEREAS, the Governing Body of the Borough of Glen Rock established, by Ordinance #1523 & 1537, the 2006 apron assessments; and

WHEREAS, the Ordinance provided the opportunity for a property owner to repay the apron assessment in two (2) annual installments payable at such time as the Governing Body shall, by Resolution, determine; and

WHEREAS, the first installment of the apron assessment is payable September 15, 2008, and the second installment of is payable on September 15, 2009;

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of Glen Rock has determined that the first installment of the 2006 apron assessments be set for September 15, 2008, and the second installment be set for September 15, 2009.

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

9. Resolution Awarding Bid for the Tub Grinder Tractor

Resolution No. 180-08
Offered by Council Member Surrago
Seconded by Council Member Arnao

RESOLUTION AWARDING BID FOR A NEW TUB GRINDER TRACTOR

WHEREAS, the Borough of Glen Rock received bids on August 5, 2008 for a Tub Grinder Tractor, and the lowest responsible bid was received from Beyer Brothers Corp. of Fairview, New Jersey, a piece of equipment budgeted in the 2008capital budget; and

WHEREAS, the Director of Public Works has recommended the low bid, for a total of $104,539.00 with the trade in of our 1990 GMC 6500, 1989 Auto Car Tractor and 1998 Ford Crown Victoria; now therefore

BE IT RESOLVED, by the Borough Council of Glen Rock, that the bid for a Tub Grinder Tractor is hereby awarded to Beyer Brothers Corp. for an amount not to exceed $104,539.00., subject to certification of funds by the CFO.

ROLL CALL:
Council Member Knapp - yes Council Member O’Hagan - yes
Council Member Pazan - yes Council Member Arnao - yes
Council Member Orseck - yes Council Member Surrago - yes

10. Resolution Authorizing Refund of Redemption Monies to Outsider Lien Holder
(Bullaro)

Resolution No. 181-08
Offered by Council Member Surrago
Seconded by Council Member Arnao

RESOLUTION AUTHORIZING REFUND OF REDEMPTION MONIES TO OUTSIDE LIENHOLDERS

WHEREAS, at the following municipal tax sale, a lien was sold on Block 56 Lot 15, also known as 512 Doremus Avenue in Glen Rock, NJ

SALE DATE 12/07/2006 TAX SALE CERTIFICATE #2006-1 at 0% in the amount of $3,898.90 total to redeem $4,020.88

SUBSEQUENT 2006 taxes paid on 1/18/2007 in the amount of $14,621.26 with interest $1,881.27 totaling $16,502.53

SUBSEQUENT 2007 1st quarter tax paid on 3/22/2007 in the amount of $3,540.23 with interest $405.16 totaling $3,945.39,

SUBSEQUENT 2007 2nd quarter tax paid on 7/10/2007 in the amount of $3,554.24 with interest $321.47 totaling $3,875.71,

SUBSEQUENT 2007 3rd quarter tax paid on 10/11/2007 in the amount of $3,456.46 with interest $242.72 totaling $3,699.18,

SUBSEQUEST 2007 4th quarter tax paid on 2/8/2008 in the amount of $3,470.83 with interest $153.49 totaling $6,624.32,

SUBSEQUENT 2008 1st, 2nd, and 3rd quarter tax paid on 8/4/2008 in the amount of $10,841.12 with interest $55.41 totaling $10,896.53,

WHEREAS, the above certificate was sold to U. S. BANK-CUST/SASS MUNI V dtr,

WHEREAS, Z C STERLING for American Home Mortgage, has effected redemption for Bullaro, totaling $46,572.54,

NOW, THEREFORE, BE IT RESOLVED, the CFO be authorized to issue a check in the amount of $46, 572.54, payable to U.S. BANK-CUST/SASS MUNI V dtr, 50 South 16th Street Suite 1950, Philadelphia, PA 19102 for the above redemption of certificate and subsequent taxes paid.

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

11. Resolution Awarding Bid for the Flow and Dump

Resolution No. 182-08
Offered by Council Member Surrago
Seconded by Council Member Arnao

A RESOLUTION REJECTING BID TO BRISTOL DONALD CO., INC. AND AWARDING BID TO CORNELL EQUIPMENT CO., INC. FOR THE FLOW’ N DUMP UNIT

WHEREAS, the Borough of Glen Rock authorized the advertising for the solicitation of bids for the Removal of one (1) Flow’ N Dump Unit and Install a new Flow’ N Dump for the Department of Public Works;

WHEREAS, a notice to bidders was duly advertised and two (2) bids were received, to wit, Bristol Donald Co., Inc. and Cornell Equipment Co., Inc.; and

WHEREAS, Bristol Donald Co., Inc., the low bidder, failed to conform within its bid submissions with the Boroughs bid specifications; and

WHEREAS, the Borough Attorney has determined that the inaccuracies/omissions by Bristol Donald Co., Inc. are material in nature resulting in the rejection of the bid; and

WHEREAS, the Robert Tirserio, Director of the Department of Public Works has recommended that the second lowest bidder, Cornell Equipment Co., Inc., be awarded the contract as its bid submission conforms to the specifications of the Borough of Glen Rock.

NOW, THEREFORE, BE IT

RESOLVED, that the bid of Bristol Donald Co., Inc., in conformity with the opinion of counsel as set forth in a memorandum dated August 27, 2008, be and is hereby rejected and the Borough Clerk be authorized and directed to return to the unsuccessful bidder its bid bond; and be it further

RESOLVED, that the bid of the second lowest responsible bidder, namely, Cornell Equipment Co., Inc., in the amount of $62,000.00, be accepted by the Borough of Glen Rock, subject to the execution of a form of contract to be approved by the Borough Attorney.

ROLL CALL:
Council Member Knapp – yes Council Member O’Hagan - yes
Council Member Pazan – yes Council Member Arnao – yes
Council Member Orseck - yes Council Member Surrago - yes

Motion to accept consent agenda by Council Member Surrago
Seconded by Council Member Arnao
ROLL CALL:
Council Member Knapp – yes Council Member O’Hagan - yes
Council Member Pazan – yes Council Member Arnao – yes
Council Member Orseck - yes Council Member Surrago - yes

4. MOTIONS
Departmental Reports

Council member Arnao (Licenses & Franchises) – The final reading for the cable franchise will be read this evening. Unfortunately, no bids were received for the television equipment; consequently another bid will be advertised.

Council member Orseck (Recreation) – The pool season ran smoothly this year with the exception of a week’s closure due to a malfunctioning propeller. The Shack Program had 360 enrollees. Kurt Peluso was the new director and did a fabulous job.

Council member Pazan (Finance) – The Finance Committee will be meeting next month to begin preparing the 2009 budget.

Council member Knapp (Building) – The Building Department reports that permits for July have exceeded last year’s permits for the same period.

Council member Surrago (Public Works) – DPW has provided a new report of services DPW provides to the Board of Education. This includes dumpster removal, tree trimming, fuel usage, mowing and trimming fields, ball field maintenance, etc. for a total of approximately $43,000. This report will be provided monthly.

Council member O’Hagan (Safety) – Thanked Council member Orseck for the great job that was done with the Shack program. The Borough is waiting for PSE&G to make the final power hook-up any day now. The light will initially blink yellow on Maple and red on Glen to familiarize vehicles with the light. There will also be a blinking solar light installed on Maple Avenue for southbound traffic informing them of the upcoming light.

Motion to accept reports as filed:
Motion by Council Member Arnao
Seconded by Council Member Knapp

ROLL CALL:
Council Member Knapp – yes Council Member O’Hagan - yes
Council Member Pazan – yes Council Member Arnao – yes
Council Member Orseck - yes Council Member Surrago - yes

5. ORDINANCES

Ordinance Procedure: #1576 (Cablevision Franchise)
Date of Final Reading: August 27, 2008
Date of Introduction: July 30, 2008

A motion to open this ordinance for public comment was made by Council member Arnao, seconded by Council member Pazan. All were in favor.

Gary Shaw, a representative from Cablevision, was present for any questions.

Jim Seaton – Ferndale Avenue – Mr. Seaton questioned the need for this ordinance when cable already exists in Glen Rock. Council member Arnao noted this ordinance is to renew the contract with Cablevision, which will soon expire.

Council member Arnao added Cablevision will be including a yearly stipend of approximately $14,000 to help offset costs associated with the Glen Rock television station. Additionally, Cablevision has agreed to offset up to $3,000 of the cost of relocating the television equipment back to the municipal building.

Gary Shaw added that the new agreement provides free internet to the school computer labs, public library and the municipal building.

Council member Arnao added the senior citizen discount, which the State will oversee the distribution, is dependent on qualifying for PAAD.

A motion to close this ordinance for public comment was made by Council member Arnao, seconded by Council member Pazan. All were in favor.

Council Resolution # 183-08
Introduced: Council Member Arnao
Seconded Council Member Pazan

AN ORDINANCE TO AMEND SECTION A234 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF GLEN ROCK - 1971 AS AMENDED ENTITLED "CABLE TELEVISION FRANCHISE; BEING AN ORDINANCE GRANTING MUNICIPAL CONSENT FOR THE OPERATION OF A CABLE SYSTEM WITHIN THE BOROUGH OF GLEN ROCK, NEW JERSEY TO CABLEVISION OF OAKLAND, NJ LLC.

Be passed upon second and final reading, and that the Borough Clerk be, and is hereby authorized and directed, to advertise the same according to law by publishing the same by title in the Bergen Record.

ROLL CALL:
Council Member Knapp – yes Council Member O’Hagan – yes
Council Member Pazan - yes Council Member Arnao - yes
Council Member Orseck - yes Council Member Surrago - yes

BOROUGH OF GLEN ROCK

ORDINANCE NO. #1576

AN ORDINANCE TO AMEND SECTION A234 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF GLEN ROCK - 1971 AS AMENDED ENTITLED "CABLE TELEVISION FRANCHISE; BEING AN ORDINANCE GRANTING MUNICIPAL CONSENT FOR THE OPERATION OF A CABLE SYSTEM WITHIN THE BOROUGH OF GLEN ROCK, NEW JERSEY TO CABLEVISION OF OAKLAND, LLC.

WHEREAS, the governing body of the Borough of Glen Rock (hereinafter referred to as the “Borough”) determined that Cablevision of Oakland, LLC., (hereinafter referred to as “the Company” or “Cablevision”) has the technical competence and general fitness to operate a cable system in the Borough, and by prior ordinance granted its municipal consent for Cablevision to obtain a non-exclusive franchise for the placement of facilities and the establishment of a cable television system in the Borough; and

WHEREAS, by application for renewal consent filed with the Borough and the Office of Cable Television on or about November 8, 2007 Cablevision has sought a renewal of the franchise; and

WHEREAS, the Borough having held public hearings has made due inquiry to review Cablevision’s performance under the Franchise, and to identify the Borough‘s future cable-related needs and interests and has concluded that Cablevision has substantially complied with its obligations under the Franchise and has committed to certain undertakings responsive to the Borough’s future cable-related needs and interests; and

WHEREAS, the governing body of the Borough has accordingly concluded that the consent should be renewed subject to the requirements set forth below; and that, provided Cablevision’s proposal for renewal complies with the requirements set forth below, the Borough’s municipal consent to the renewal of the Franchise should be given;

WHEREAS, imposition of the same burdens and costs on other franchised competitors by the Borough is a basic assumption of the parties;

NOW THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Glen Rock, County of Bergen, and State of New Jersey, as follows:

SECTION I. Chapter A234 of the Ordinance of the Borough of Glen Rock entitled “Cable Television Franchise” is deleted in its entirety and replaced with the following:

“A234-1 Cable Television Franchise.

A234-1. Definitions. For the purpose of this Ordinance the terms defined above shall have the meanings there indicated, and the following additional terms shall have the following meanings:

a) “Act” or “Cable Television Act” shall mean that statute of the State of New Jersey relating to cable television, known as the Cable Television Act, N.J.S.A. 48:5A-1 et seq.

b) “Application” shall mean Cablevision’s application for Renewal of Municipal Consent, which application is on file in the Borough Clerk’s office and is incorporated herein by reference and made a part hereof, except as modified, changed, limited or altered by this Ordinance.

c) “Board” shall mean the Board of Public Utilities of the State of New Jersey or its successor agency.

d) “Borough” shall mean the governing body of the Borough of Glen Rock in the County of Bergen, and the State of New Jersey.

e) “Company” shall mean Cablevision of Oakland, LLC. (“Cablevision”) the grantee of rights under this Ordinance.

f) “FCC” shall mean the Federal Communications Commission.

g) “Federal Act” shall mean that federal statute relating to cable communications commonly known as the Cable Communications Policy Act of 1984, 47 U.S.C. Section 521 et seq. and the Telecommunications Act of 1996, or as those statutes may be amended.

h) “Federal Regulations” shall mean those federal regulations relating to cable television services, 47 C.F.R. Section 76.1 et seq. (and, to the extent applicable, any other federal rules and regulations relating to cable television, including but not limited to, those described in 47 C.F.R. Section 76.3), or as such regulations may be amended.

i) “Standard installation” shall mean the installation of drop cable to a customer’s premise where the distance from the point of entry into the building being served is less than 150 feet from the active cable television system plant.

j) “State” shall mean the State of New Jersey.

k) “State Regulations” shall mean those regulations of the State of New Jersey Board of Public Utilities relating to cable television. N.J.A.C. 14:17-1.1 et seq. and N.J.A.C. 14:18-1 et seq., or as such regulations may be amended.

A234-2 STATEMENT OF FINDINGS

A public hearing concerning the consent herein granted to Cablevision was held after proper public notice pursuant to the terms and conditions of the Act. Said hearing having been held and fully open to the public, and the municipality having received all comments regarding the qualifications of Cablevision to receive this consent, the Borough hereby finds Cablevision possesses the necessary legal, technical, character, financial and other qualifications to support municipal consent, and that Cablevision’s operating and construction arrangements are adequate and feasible.

A234-3 GRANT OF AUTHORITY

The Borough hereby grants to Cablevision its non-exclusive consent to place in, upon, along, across, above, over, and under its highways, streets, alleys, sidewalks, public ways, and public places in the municipality poles, wires, cables, and fixtures necessary for the maintenance and operation in the Borough of a cable television system, and for the provision of any communication service over the such system as may be authorized by federal or State regulatory agencies. Operation and construction, pursuant to said consent, is conditioned upon prior approval of the Board of Public Utilities.

A234-4 DURATION OF FRANCHISE

This consent granted herein shall be non-exclusive and shall be for a term of ten (10) years from the date of issuance of a Certificate of Approval by the Board.

A234-5 EXPIRATION AND SUBSEQUENT RENEWAL

If Cablevision seeks a renewal of the consent provided herein, it shall, prior to the expiration of this consent, apply for a municipal consent and certificate of approval in accordance with N.J.S.A 48:5A-16, and applicable state and federal rules and regulations. The Company shall also petition the Board for approval authorizing continued operation during the period following expiration of the consent granted herein, and until such a time that a decision is made by the Borough and the Board relative to the renewal of said consent.

A234-6 FRANCHISE TERRITORY

The consent granted under this Ordinance to Cablevision shall apply to the entirety of the Borough and any property hereafter annexed.

A234-7 SERVICE AREA

Cablevision shall be required to proffer video programming service along any public right-of-way to any person’s residence located in the franchise territory at tariffed rates for standard and nonstandard installation.

A234-8 FRANCHISE FEE

Cablevision shall pay to the Borough, an annual franchise fee, in accordance with N.J.S.A 48:5A-30, as amended or supplemented.

A234-9 FREE SERVICE

Cablevision shall, upon request, provide free of charge, one (1) standard installation and monthly cable television reception service to all State or locally accredited public elementary and secondary schools and all municipal public libraries, as well as municipal buildings, used for Governmental purposes, located within the Borough.

Upon written request from the Borough, the Company shall provide to state and locally accredited elementary and secondary schools and municipal public libraries in the Borough, without charge, the following: (1) one standard installation per school or library; (2) one cable modem per installation; and, (3) basic cable modem service for the term of this Ordinance for each installation. This offer shall be subject to the terms, conditions and use policies of the Company, as those policies may exist from time to time.

Upon written request from the Borough, the Company shall continue to provide to (1) one municipally owned facility, without charge, the following: (1) one standard installation; (2) one cable modem per installation; and (3) basic cable modem service for the term of this Ordinance for each installation. This offer shall be subject to the terms, conditions and use policies of the Company as those policies may exist from time to time.

A234-10 CONSTRUCTION/SYSTEM REQUIREMENTS

Cablevision shall perform construction and installation of its plant and facilities in accordance with applicable State and federal law. The Company shall be subject to the following additional construction requirements with respect to the installation of its plant and facilities in the Borough:

a) In the event that the Company or its agents shall disturb any pavement, street surfaces, sidewalks, driveways or other surfaces, the Company shall at its sole expense restore and replace such disturbances in as good a condition as existed prior to the commencement of said work.
b) If at any time during the period of this consent, the municipality shall alter or change the grade of any street, alley or other way or place, the Company, upon reasonable notice by the Borough shall remove or relocate its equipment, at its own expense.

c) Upon request of a person holding a building or moving permit issued by the Borough, the Company shall temporarily move or remove appropriate parts of its facilities so as to permit the moving or erection of buildings or for the performance of other work. The expense of any such temporary removal or relocation shall be paid in advance to the Company by the person requesting the same. In such cases, the Company shall be given not less than fourteen (14) days prior written notice in order to arrange for the changes required.

d) During the exercise of its rights and privileges under this consent, the Company shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the Borough so as to prevent the branches of such trees from coming in contact with the wires, cables, conduits and fixtures of the Company. Such trimming shall be only to the extent necessary to maintain proper clearance for the Company’s facilities.
A234-11 TECHNICAL AND CUSTOMER SERVICE STANDARDS

Cablevision shall comply with the technical and customer service standards established for the cable industry under applicable federal and State laws, rules and regulations.

A234-12 LOCAL OFFICE OR AGENT

Cablevision shall establish and maintain during the entire term of this consent a local area business office or agent for the purpose of receiving, investigating and resolving complaints regarding the quality of service, equipment malfunctions and similar matters. Said office shall be open daily during normal business hours, and in no event less than 9:00 a.m. to 5:00 p.m., Monday through Friday, with the exception of holidays.

A234-13 DESIGNATION OF COMPLAINT OFFICER

The Office of Cable Television is hereby designated as the complaint officer for the Borough pursuant to the provisions of N.J.S.A. 48:5A-26. All complaints shall be reviewed and processed in accordance with N.J.A.C. 14:17-6.5.

A234-14 LIABILITY INSURANCE

Cablevision agrees to maintain and keep in force and effect at its sole cost at all times during the term of this consent, sufficient liability insurance naming the Borough as an additional insured and insuring against loss by any such claim, suit, judgment, execution or demand in the minimum amounts of five-hundred thousand dollars ($500,000) for bodily injury or death to one person, and one million dollars ($1,000,000) for bodily injury or death resulting from any one accident or occurrence stemming from or arising out of the Company’s exercise of its rights hereunder.

A234-15 PERFORMANCE BOND

Cablevision shall obtain and maintain, at its sole cost and expense, during the entire term of this Ordinance, a bond in the amount of twenty-five thousand dollars ($25,000.00). Such bond shall be to insure the faithful performance of its obligations as provided in this Franchise.
A234-16 RATES
A. The rates of the Company for cable television services shall be subject to regulation to the extent permitted by federal and State law.

A234-17 EMERGENCY USES

Cablevision shall be required to have the capability to override the audio portion of the system in order to permit the broadcasting of emergency messages by the Borough pursuant to state and federal requirements. The Company shall in no way be held liable for any injury suffered by the Borough or any other person, during an emergency, if for any reason the municipality is unable to make full use of the cable television system as contemplated herein. The Borough shall utilize the state-approved procedures for such emergency uses.

A234-18 EQUITABLE TERMS

In the event that the service of another multi-channel video program provider not subject to the Borough’s regulatory authority within the Borough creates a significant competitive disadvantage to Cablevision, the Company shall have the right to request from the Borough lawful amendments to its franchise that relieve it of the burdens which create the unfair competitive situation. Should the Company seek such amendments to its franchise, the parties agree to negotiate in good-faith appropriate changes to the franchise in order to relieve the Company of such competitive disadvantages. If the parties can reach an agreement on such terms, the Borough agrees to support the Company's petition to the Board for modification of the consent in accordance with N.J.S.A 48:5A-47 and N.J.A.C. 14:17-6.7.

If the parties are unable to reach an agreement on appropriate amendments to the franchise, the Borough acknowledges that the Company shall have the right to petition the Board directly for such amendments in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7; provided, however, the Borough shall be under no obligation to support Cablevision's request for such relief from the Board.

In any subsequent municipal consent, the Borough shall require, at a minimum, the same terms and conditions of any other provider of multi-channel video programming subject to the Borough’s regulatory authority as those contained in the instant consent. In the event such subsequent consent does not contain the same terms and conditions as the instant consent, Borough agrees to support the Company's petition to the Board for modification of the consent in accordance with NJSA 48:5A-47 and NJAC 14:17-6.7 to relieve the Company of competitive disadvantages identified in the Company's petition.

A234-19 REMOVAL OF FACILITIES

Upon expiration, termination or revocation of this Ordinance, Cablevision at its sole cost and expense and upon direction of the Board, shall remove the cables and appurtenant devices constructed or maintained in connection with the services authorized herein, unless Cablevision, its affiliated entities or assignees should, within six (6) months after such expiration, termination or revocation obtain certification from the FCC to operate an open video system or any other federal or state certification to provide telecommunications.
A-234-20 PUBLIC, EDUCATIONAL, AND GOVERNMENTAL ACCESS

A. Cablevision shall continue to make available non-commercial public, educational and
governmental (PEG) access as described in the Application for municipal consent.

B. The Borough agrees that Cablevision shall retain the right to use the PEG access channel, or portion thereof, for non-PEG access programming, during times when the Borough is not utilizing the channel for purposes of providing PEG access programming. In the event that the Company uses said PEG access channel for the presentation of such other programming, the PEG programming shall remain the priority use and the Company’s rights with respect to using the channel for non-PEG programming shall be subordinate to the Borough’s provision of PEG access programming on such channel.

C. Upon written request from the Borough, Cablevision shall relocate the existing fiber return feed located at Glen Rock Jr. High School to the municipal building located at Harding Plaza. Cablevision shall be responsible for the first three thousand dollars ($3,000.00) of the relocation costs with the Borough responsible for any remaining costs above and beyond the first three thousand dollars ($3,000.00).

D. In consideration for the rights granted in this Ordinance, the Company shall provide the Borough with a grant in the amount of fourteen thousand five hundred dollars ($14,500.00). Cablevision shall provide an initial grant payment of three thousand four hundred and seventy-five dollars ($3,475.00) within the first year of the new franchise agreement. The remaining grant of eleven thousand and twenty five dollars ($11,025.00) shall be provided in annual installments of one thousand two hundred and twenty five dollars ($1,225.00), upon written request by the Borough (the “Annual Grant). The Annual Grant may be used by the Borough for any cable and/or other telecommunications related purpose as the Borough, in its discretion, may deem appropriate. Cablevision shall not be obligated to make any additional payments beyond year ten of the franchise. The Annual Grant shall be payable to the Borough within sixty (60) days from receipt of the Borough’s written request. Notwithstanding the foregoing, should Cablevision apply for a system-wide certification or otherwise convert its municipal consent to a system-wide certification in accordance with applicable law, it shall be relieved of any payments due and owing after the date of such conversion or award of a system-wide franchise.

A234-21 INCORPORATION OF APPLICATION

All of the commitments contained in the Application and any amendment thereto submitted in writing to the Borough by the Company except as modified herein, are binding upon Cablevision as terms and conditions of this consent. The Application and any other written amendments thereto submitted by Cablevision in connection with this consent are incorporated in this Ordinance by reference and made a part hereof, except as specifically modified, changed, limited, or altered by this Ordinance, or to the extent that they conflict with State or federal law.

A234-22 CONSISTENCY WITH APPLICABLE LAWS

This consent shall be construed in a manner consistent with all applicable federal, State and local laws.

A234-23 INCORPORATION OF APPLICATION

All of the statements and commitments contained in the application and any amendment thereto submitted in writing to the municipality by the company except as modified herein are binding upon the company as terms and conditions of this consent. The application and any other relevant writings submitted by the company shall be annexed hereto and made a part hereof by reference to the extent that they do not conflict with state or federal law.

A234-24 EXTENSION OF SERVICE

The company shall be required to offer service along any public right-of-way to any person’s residence or business located in the municipality, in accordance with the proposal for the provision of services as described in the application. Any additional extension of the system will be made in accordance with the proposal as set forth in the application”.

SECTION II. SEPARABILITY

If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portion thereof.

SECTION III. EFFECTIVE DATE

This Ordinance shall take effect upon issuance of a Certificate of Approval as issued by the Board of Public Utilities.

6. MEETING OPEN TO THE PUBLIC: (Before speaking at the meeting, each person must state their name and address. 5 minute limit)

Jeanne Rey – 153 Winslow Terrace – Mrs. Rey commented she is “perturbed” that the Council is considering residents bagging their leaves. Mayor van Keuren interjected that at the work session on Monday the Council voted not to bag leaves.

Irene Brown – 675 Lincoln Avenue – Mrs. Brown commented that there is currently an amendment to increase the income limit for eligibility to receive the $250 senior citizen and disabled persons property tax deduction before the Assembly. The income level has been $10,000 for all qualifying residents with the proposed income level being raised to $22,572 for single persons and $27,676 for married couples in 2009. Mrs. Brown encouraged the Mayor and Council to support this amendment.

Mrs. Brown asked if the attendance records have been received from the Community School for classes taken by senior citizens (which the Borough pays for). If so, were the people identified that did not attend at least 75% of the classes. Lenora Benjamin commented she did receive the attendance records of those who attended 75% of the classes. Lenora has been assured by the Community School Director that attendance is being closely monitored.

Mrs. Brown commented that the Annual Senior Citizen Picnic will be held on September 10th at Van Saun Park. Mrs. Brown stated she has requested every year that the shuttle bus transport seniors to the picnic, yet it hasn’t been done. Deputy Clerk Fleming commented that the bus has been used for the last three or four years and has transported seniors from Glen Courts as well as residents from town.

Greg Tondi - 346 Gramercy Place – Mr. Tondi expressed concern over the recent COAH requirements and how Glen Rock will respond to it. Mr. Tondi commented that open space is extremely limited in town and the potential impact (environmentally, schools, infra-structure) on the borough could be great. Mr. Tondi urged the Council to support a bill proposed by Assemblyman Scott Romano where the COAH bill would be amended to give towns relief of some of their COAH obligations.

Bill Brown – 675 Lincoln Avenue – Mr. Brown asked if a date has been set for the GR vs Ackermann case. Mr. Garibaldi stated a date has not been set as of yet.

Jim Seaton – Ferndale Avenue – Mr. Seaton asked if anything has been done about limiting the size of the “disgusting McMansions” that have been constructed. Mayor van Keuren stated an ordinance was passed, effective June 1st, which set stricter guidelines on bulk, changing side yard setbacks and building height. There were approximately a dozen applications that were submitted to the Building Dept. prior to this new ordinance, which we are now seeing that effect.

Jeanne Rey – 153 Winslow Terrace – Mrs. Rey asked the Council what they are doing about a homeowner that required five variances. Mayor van Keuren stated this particular homeowner is scheduled to come before the Zoning Board in September for approval/denial. Mayor van Keuren added that the Zoning Board would be the proper authority to express concerns to.

Lenora Benjamin reported that the Borough Hall commuter parking lot has been upgraded with new curbing and three handicapped parking spaces.

7 . ADJOURNMENT
Motion to adjourn the meeting was made by Council member Arnao
Seconded by Council member Orseck
Meeting adjourned at 8:45 p.m.

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Jacqueline Scalia, Borough Clerk