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PUBLIC MEETING – Wednesday, November 7, 2007 at 8:00 p.m.
There will be a Public Meeting of the Mayor and Council of the Borough of Glen Rock on Wednesday, November 7, 2007, at 8:00 p.m. in the Council Chambers of the Municipal Building.
Agenda: (May be subject to change)
1. CALL TO ORDER /ROLL CALL
Council Member Knapp – present
Council Member O’Hagan – absent
Council Member McCullough – present
Council Member Pazan – present
Council Member Arnao – absent
Council Member Orseck - present
J. van Keuren, Mayor - present
L. Benjamin, Borough Admin. - present
J. Scalia, Borough Clerk - present R. Garibaldi, Borough Attorney – present
2. FLAG SALUTE/ANNOUNCEMENTS
This meeting is called pursuant to the provisions of the Open Public Meeting Law. This Meeting was included in a list of meeting notices sent to the Bergen Record and 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 Orseck 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 10/24/07
Resolution No. 174-07
Offered by Council Member Mc Cullough
Seconded by Council Member Pazan
BE IT RESOLVED, that the Minutes of:
Meetings of October 24, 2007
Be accepted as submitted.
ROLL CALL:
Council Member Knapp – yes
Council Member O’Hagan – absent
Council Member Mc Cullough – yes
Council Member Pazan – yes
Council Member Arnao – absent
Council Member Orseck - yes
2. Resolution to Purchase New Bus
Resolution No. 175-07
Offered by Council Member Mc Cullough
Seconded by Council Member Pazan
EMERGENCY APPROPRATION FOR PURCHASE OF SHUTTLE BUS
WHEREAS, an emergency has arisen with respect to the condition of the current commuter shuttle bus that provides transportation on a daily basis to commuters and seniors, and no adequate provision was made in the 2007 budget for the aforesaid purpose, and NJS 40A:4-46 provides for the creation of an emergency appropriation for the purpose mentioned above; and
WHEREAS, the total amount of the emergency appropriation created, including the appropriation to be created by this resolution is $58,640.00 and three (3) percent of the total operating appropriations in the budget for 2006 is $369,705.36, and
NOW, THEREFORE BE IT RESOLVED that in accordance with NJS 40A:4-48:
1. An emergency appropriation is herby made for the purchase of a 2007 Eldorado Aerotech in the amount of $58,640.00.
2. That said emergency appropriation shall be provided for in full in the 2008 budget, and is requested to be excluded from CAPS, pursuant to NJS 40A4-53.3c(1).
3. That two (2) certified copies of this resolution be filed with the Director of the Division of Local Government Services.
ROLL CALL:
Council Member Knapp – yes
Council Member O’Hagan - absent
Council Member McCullough - yes
Council Member Pazan – yes
Council Member Arnao - absent
Council Member Orseck - yes
3. Resolution to Award Bid for 2008 Ford Escape Hybrid (Rt 23 Auto Mall)
Resolution No. 176-07
Offered by Council Member Mc Cullough
Seconded by Council Member Pazan
RESOLUTION AWARDING BID FOR A 2008 FORD ESCAPE HYBRID FOUR WHEEL DRIVE TRUCK
WHEREAS, the Borough of Glen Rock received bids on November 7, 2007 for a 2008 Four Wheel Drive Ford Escape Hybrid Truck, and the lowest responsible bid was received from Route 23 Auto Mall, of Butler, New Jersey, for a piece of equipment budgeted in the 2007capital budget; and
WHEREAS, the Director of Public Works has recommended the low bid, for a total of $29,888.00 with the trade in of our 1999 Ford Expedition XLT, now therefore
BE IT RESOLVED, by the Borough Council of Glen Rock, that the bid for a 2008 Four Wheel Drive Ford Escape Hybrid Truck is hereby awarded to Route 23 Auto Mall for an amount not to exceed $29,888.00., subject to certification of funds by the CFO.
ROLL CALL:
Council Member Knapp - yes
Council Member O’Hagan – absent
Council Member Mc Cullough - yes Council Member Pazan - yes
Council Member Arnao - absent
Council Member Orseck - yes
4. Resolution for Grant Agreement with State of NJ for Community Forestry Plan and 2007 Green Communities Grant
Resolution No. 177-07
Offered by Council Member Mc Cullough
Seconded by Council Member Pazan
RESOLUTION TO ENTER INTO GRANT AGREEMENT WITH STATE OF NEW JERSEY FOR COMMUNITY FORESTRY MANAGEMENT PLAN AND
2007 GREEN COMMUNITIES GRANT
WHEREAS, the Mayor and Council of the Borough of Glen Rock desires to further the public interest by obtaining a grant from the State of New Jersey in the amount of approximately $3,000.00 to fund the following projects:
Community Forestry Management Plan
2007 Green Communities Grant
BE IT RESOLVED, that the Mayor and Council of the Borough of Glen Rock hereby authorizes, Mayor John van Keuren (a) to make application for such a grant, (b) if awarded, to execute a grant agreement with the State for a grant in an amount not less than $3,000 and not more than $3,000.00 (c) to execute any amendments thereto which do not increase the grantee’s obligations.
BE IT FURTHER RESOLVED, that the Mayor and Council of the Borough hereby agrees to match 33.3% of the Total Project Amount, in compliance with the match requirements of the agreement. The availability of the match for such purposes, whether cash, services, or property, is hereby certified. 100% of the match will be made up of in-kind services, and
BE IT FURTHER RESOLVED, that the Grantee agrees to comply with all applicable federal, Stated and municipal laws, and regulations in its performance pursuant to the agreement.
ROLL CALL:
Council Member Knapp - yes
Council Member O’Hagan - absent
Council Member Mc Cullough - yes
Council Member Pazan - yes
Council Member Arnao - absent
Council Member Orseck – yes
5. Resolution for Tax Appeal Settlement for Motorola
Resolution No. 178-07
Offered by Council Member Mc Cullough
Seconded by Council Member Pazan
WHEREAS, there is pending before the Tax Court of New Jersey, the matter of Motorola, Inc. vs. Borough of Glen Rock; and
WHEREAS, the Borough’s Tax Assessor, Steven Rubenstein, has reviewed the property record card, comparable sales and has made a physical inspection of the property; and
WHEREAS, the Tax Assessor, has recommended a modification to the 2003, 2004, 2005 and 2006 assessment; and
WHEREAS, as a result of discussions between the Tax Assessor, who relied on the advice of one of the Borough’s appraiser’s Robert McNerney, and the plaintiff’s attorney, it is recommended to the Mayor and Council that settlement of this matter be ratified and approved.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council as follows:
1. The Mayor and Council having reviewed the recommendation for reduction in the assessment of the following Tax Court of New Jersey appeal do hereby ratify the following settlement:
PROPERTY
BLOCK/ YEAR
ORIGINAL SETTLEMENT
OWNER
LOT
ASS'MENT
MOTOROLA, INC. 196/5
2003 $6,218,300
$6,218,300
MOTOROLA, INC. 196/5
2004 $6,218,000
$5,760,000
MOTOROLA, INC. 196/5
2005 $6,218,000
$5,227,800
MOTOROLA, INC. 196/5
2006 $6,218,000
$4,737,000
2. The Freeze Act shall not apply due to the implementation of a Borough-wide
reassessment program for 2007.
ROLL CALL:
Council Member Knapp - yes
Council Member O’Hagan - absent
Council Member Mc Cullough - yes
Council Member Pazan - yes
Council Member Arnao - absent
Council Member Orseck - yes
Motion to accept consent agenda by Council Member McCullough
Seconded by Council Member Pazan
ROLL CALL:
Council Member Knapp - yes
Council Member O’Hagan - absent
Council Member Mc Cullough - yes
Council Member Pazan - yes
Council Member Arnao - absent
Council Member Orseck - yes
4. ORDINANCES
Ordinance Procedure #1556 (Rock Road Parking between Isabella and Lincoln)
Date of Final Reading: November 7, 2007
Date of Introduction: October 24, 2007
A motion to open this ordinance for public comment was made by Council member Orseck and seconded by Council member McCullough. All were in favor.
A motion to close this ordinance for public comment was made by Council member Orseck and seconded by Council member McCullough. All were in favor.
Council Resolution # 179-07
Introduced: Council Member Orseck
Seconded Council Member Mc Cullough
AN ORDINANCE TO AMEND CHAPTER 216 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF GLEN ROCK - 1971 AS AMENDED ENTITLED "VEHICLES AND TRAFFIC” BEING AN ORDINANCE REGULATING THE PARKING AND OPERATION OF VEHICLES WITHIN THE BOROUGH; TO LIMIT PARKING ON CERTAIN STREETS WITHIN THE BOROUGH
Be passed upon second and final reading, and that the Borough Clerk be, and is hereby authorized and directed, to advertise the same according to law by publishing the same by title in the Bergen Record.
ROLL CALL:
Council Member Knapp – yes
Council Member O’Hagan – absent
Council Member McCullough - yes
Council Member Pazan – yes
Council Member Arnao - absent
Council Member Orseck – yes
BOROUGH OF GLEN ROCK
ORDINANCE NO. 1556
AN ORDINANCE TO AMEND CHAPTER 216 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF GLEN ROCK - 1971 AS AMENDED ENTITLED "VEHICLES AND TRAFFIC” BEING AN ORDINANCE REGULATING THE PARKING AND OPERATION OF VEHICLES WITHIN THE BOROUGH; TO LIMIT PARKING ON CERTAIN STREETS WITHIN THE BOROUGH
BE IT ORDAINED by the Borough Council, the Borough of Glen Rock, County of
Bergen, State of New Jersey, as follows:
Section I - Chapter 216 of the Revised General Ordinances of the Borough of Glen Rock 1971 as amended being an Ordinance entitled "Vehicles and Traffic" is hereby amended as to the following section:
1. Subsection 24 entitled “Schedule I. Parking Prohibited at All Times” is amended by adding thereto the following:
Name of Street Side Location
Rock Road North From Lincoln Avenue Easterly to
Isabella 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: #1557 (Hot Tubs/Spas)
Date of Final Reading: November 7, 2007
Date of Introduction: October 24, 2007
A motion to open this ordinance for public comment was made by Council member Knapp and seconded by Council member Pazan. All were in favor.
A motion to close this ordinance for public comment was made by Council member Knapp and seconded by Council member Pazan. All were in favor.
Council Resolution # 180-07
Introduced: Council Member Knapp
Seconded Council Member Pazan
AN ORDINANCE TO AMEND CHAPTER 230 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF GLEN ROCK - 1971 AS AMENDED ENTITLED "ZONING” BEING AN ORDINANCE ESTABLISHING A UNIFORM SET OF ZONING REQUIREMENTS; TO PROVIDE FOR AN EXCEPTION FOR THE INSTALLATION OF HOT TUB/SPAS
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 – absent
Council Member McCullough - yes
Council Member Pazan – yes
Council Member Arnao - absent
Council Member Orseck - yes
BOROUGH OF GLEN ROCK
ORDINANCE NO. 1557
AN ORDINANCE TO AMEND CHAPTER 230 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF GLEN ROCK - 1971 AS AMENDED ENTITLED "ZONING” BEING AN ORDINANCE ESTABLISHING
A UNIFORM SET OF ZONING REQUIREMENTS; TO PROVIDE
FOR AN EXCEPTION FOR THE INSTALLATION
OF HOT TUB/SPAS
BE IT ORDAINED by the Borough Council, the Borough of Glen Rock, County of
Bergen, State of New Jersey, as follows:
Section I - Chapter 230 of the Revised General Ordinances of the Borough of Glen Rock 1971 as amended being an Ordinance entitled "Zoning" is hereby amended as to the following section:
1. Subsection 230-112 entitled “Required Conditions Applicable to Pools, Hot Tubs/Spas, and Ornamental Ponds” is amended by deleting the provision entitled “Exceptions” noted in Subsection “M” to be replaced with the following:
“M. Exceptions: A hot tub/spa installed on the platform level of the deck may exceed the total height requirement of four feet six inches from grade to take into account the height above grade of the deck platform. The required set back distance from the principal structure will not apply to Hot Tub/Spas”.
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)
Jim Seaton – Ferndale Avenue – Congratulated Mayor van Keuren on his re-election. Mr. Seaton asked if there was any update on the new owner of Kara Homes. Mayor van Keuren replied Kara Homes sold the property to JDN Properties who have in turn also placed the property on the market. Mayor van Keuren stated this is a totally private sale and the Borough has no direct interest in the specifics of the sale. Mr. Seaton commented Kara Homes should have been investigated prior to variances given to them.
Diane Herrlett – 5 Franklin Place – Mrs. Herrlett is a member of the Zoning Board. Mrs. Herrlett explained that Kara Homes came before the Board and variance approval was received. A year later Kara Homes went bankrupt. A new application has been received from the company that bought Kara Homes who appeared before the Board and received necessary extensions. Mrs. Herrlett clarified that the two companies are separate and have no connection to each other.
Irene Brown – 675 Lincoln Avenue – Mrs. Brown announced that on Saturday, November 10th from 1-5 p.m. Bergen Community College will be hosting a town-hall style meeting on global warming.
There were no further questions or comments from anyone in the audience. The Council adjourned the public portion and reconvened the public work session.
6. ADJOURNMENT
Motion to adjourn the meeting was made by Council member Knapp
Seconded by Council member Orseck
Meeting adjourned at 8:15 p.m.
____________________________
Jacqueline Scalia, Borough Clerk
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