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PUBLIC MEETING – Wednesday, November 28, 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 28, 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 – present
Council Member McCullough – present
Council Member Pazan – present
Council Member Arnao – present
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.
Resident Eagle Scout Daniel Kirsch led the Council and audience in the flag salute. Daniel recently received his Eagle award at a ceremony which the Mayor read the following proclamation:
A PROCLAMATION
TO HONOR
Daniel Raymond Kirsch
WHEREAS, in Boy Scouts, an important step in achieving the Eagle award is presented to the scout in the form of a challenge: the Scout is asked to demonstrate that he, the Eagle candidate, can, through a project, relate to and participate in his surrounding community . Both the Scout and the community become better for the experience; and
WHEREAS, the scope and objective of Daniel Kirsch’s project provided an appreciative community with a useful, tangible and permanent improvement and evidence of the value of his Scouting experience. Specifically, he refurbished The Shack in Wilde Memorial Park with a new ceiling, new lighting, new paint and new windows, and
WHEREAS, Daniel showed that in this Eagle project he was able to focus and refine and contribute to others his qualities of enthusiasm, determination and acceptance of responsibility.
THEREFORE it is the judgment of this Mayor and Council that Daniel Kirsch’s accomplishment will continue to sustain his development as a Scout and as a leader, and he will, thereby, carry his community just as far, and farther, and
THEREFORE for all that he has done, I and the Borough Council of Glen Rock offer our congratulations and declare that Wednesday, November 28, 2007 be designated as Daniel Kirsch Day in Glen Rock. Further, we request that Daniel Raymond Kirsch present himself at our Public Meeting on that date to be recognized.
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At this time, Mayor van Keuren introduced Barbara MacDonald, who is a member of the Municipal Drug Alliance for the Prevention of Alcohol and Drug Abuse, who presented the “Good Egg Award”. This year’s recipient was taken by total surprise and could not be more deserving. Congratulations to our Jean Baker Wunder!
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 11/7/07
Resolution No. 182-07
Offered by Council Member Knapp
Seconded by Council Member Mc Cullough
BE IT RESOLVED, that the Minutes of:
Meetings of November 7, 2007
Be accepted as submitted.
ROLL CALL:
Council Member Knapp – yes
Council Member O’Hagan – yes
Council Member Mc Cullough – yes
Council Member Pazan – yes
Council Member Arnao – yes
Council Member Orseck - yes
2. Resolution for Payment of Bills
Resolution No. 183-07
Offered by Council Member Knapp
Seconded by Council Member Mc Cullough
______________________________________________________________________________
BE IT RESOLVED, that the following bills of the Borough of Glen Rock be paid in the amount of $ $4,803,458.57
County of Bergen $1,212,078.00
Glen Rock Board of Education 2,713,559.00
Payroll 510,564.61
BCUA 29,951.27
Arcola 58,640.00
PSEG 40,106.13
Miscellaneous 110,666.82
$4,675,565.83
Capital 127,892.74
TOTAL $4,803,458.57
ROLL CALL:
Council Member Knapp – yes
Council Member O’Hagan – yes
Council Member McCullough - yes
Council Member Pazan – yes
Council Member Arnao – yes
Council Member Orseck - yes
3. Resolution for Tennis Rehab Wilde Park (D’Arminio)
Resolution No. 184-07
Offered by Council Member Knapp
Seconded by Council Member Mc Cullough
RESOLUTION AWARDING BID FOR TENNIS COURT REHABILITATION
AT WILDE PARK
WHEREAS, the Borough of Glen Rock received bids for the rehabilitation of the Tennis Courts at the High School and Wilde Park on September 12, 2006 and a bid was awarded for the High School improvement only due to fund constraints; and
WHEREAS bids were advertised again on June 26, 2007, for the rehabilitation of the Wilde Park Tennis courts with no bids received, resulting in a non-award of the a contract due to insufficient funding; and
WHEREAS, the Borough now has the ability to negotiate a contract with the previous bidder, MJ D’Arminio of Hackensack, NJ, for the project to rehabilitate Wilde Park Tennis Courts for an amount not to exceed $74,480 and
WHEREAS, the Glen Rock Board of Education has contributed $37,500.00 toward the project at Wilde Park Tennis Courts; and
WHEREAS, the work that needs to be performed requires temperatures above 60 degrees for optimal performance, creating a contract in 2007 for work to be completed in the spring of 2008.
NOW THEREFORE BE IT RESOLVED, by the Borough Council of Glen Rock that the bid for the Rehabilitation of Tennis Court is hereby awarded to MJ D’Arminio of Hackensack, New Jersey, in an amount of $74,480.00 subject to certification of funds by the CFO.
ROLL CALL:
Council Member Knapp – yes
Council Member O’Hagan - yes
Council Member McCullough – yes
Council Member Pazan - yes
Council Member Arnao – yes
Council Member Orseck -yes
4. Resolution to Award Bid for Tree Planting
Resolution No. 185-07
Offered by Council Member Knapp
Seconded by Council Member Mc Cullough
RESOLUTION AWARDING BID FOR TREE PLANTING
WHEREAS, the Borough of Glen Rock received bids on November 21, 2007 for Tree Planting , and the lowest responsible bid was received from Scalora Bros. of South Orange, New Jersey; and
WHEREAS, the Director of Public Works has recommended the bid be awarded to the low bidder in the amount of $22,946. 25, which was included as part of the 2007 capital budget, and
BE IT RESOLVED, by the Borough Council of Glen Rock, that the Tree Planting bid is hereby awarded to Scalora Bros. for an amount not to exceed $22,946.25., subject to certification of funds by the CFO.
ROLL CALL:
Council Member Knapp - yes
Council Member O’Hagan - yes
Council Member Mc Cullough - yes
Council Member Pazan - yes
Council Member Arnao - yes
Council Member Orseck - yes
5. Resolution to Award Bid for Sewer Root Control
Resolution No. 186-07
Offered by Council Member Knapp
Seconded by Council Member Mc Cullough
RESOLUTION AWARDING SEWER ROOT CONTROL BID
WHEREAS, the Borough of Glen Rock received bids for Sewer Line Chemical Root Control on November 21, 2007 and the lowest bid came from Municipal Sales, Inc of Queensbury, NY, but after reviewing the bid documents he is not a qualified bidder; and
WHEREAS, the second lowest bid came from National Water Main Cleaning Company of Newark, New Jersey and after reviewing all their documents they are deemed to be qualified and the bid award has been recommended by the Director of Public Works; and
WHEREAS, the town budgeted $25,000 for this project, now therefore
BE IT RESOLVED, by the Borough Council of Glen Rock, that the bid for Sewer Line Chemical Root Control is hereby awarded to National Water Main Cleaning Company of Newark, New Jersey, in an amount of $24,558.46 subject to certification of funds by the CFO.
ROLL CALL:
Council Member Knapp – yes
Council Member O’Hagan – yes
Council Member Mc McCullough – yes
Council Member Pazan – yes
Council Member Arnao – yes
Council Member Orseck - yes
6. Resolution Authorizing Use of Competitive Contracting Process for Pool Concession
Resolution No. 187-07
Offered by Council Member Knapp
Seconded by Council Member Mc Cullough
RESOLUTION AUTHORIZING USE OF COMPETITIVE CONTRACTING PROCESS FOR POOL CONCESSION
WHEREAS, the Local Public Contracts Law, NJSA 40A:11-4.1, allows municipalities to utilize competitive contracting for food services; and
WHEREAS, the competitive contracting process allows municipalities to take into account factors other than just price to determine the successful vendor; and
WHEREAS, the Borough Council believes it would be advantageous to utilize the competitive contracting process for the 2008 Pool Concession Season; now therefore
BE IT RESOLVED, by the Borough Council of Glen Rock, that the Borough Administrator is hereby authorized to prepare the necessary documents to utilize the competitive contracting process to solicit requests for proposal for the Pool Concession.
ROLL CALL:
Council Member Knapp – yes
Council Member O’Hagan - yes
Council Member McCullough - yes
Council Member Pazan – yes
Council Member Arnao - yes
Council Member Orseck - yes
7. Resolution for Tax Appeal Settlement (Heritage II)
Resolution No. 188-07
Offered by Council Member Knapp
Seconded by Council Member Mc Cullough
______________________________________________________________________________
WHEREAS, there is pending before the Tax Court of New Jersey, the matter of Heritage Plaza II v. 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 2002, 2003, 2004, 2005, 2006, and 2007 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
HERITAGE II
196/4
2002 $5,455,300
$5,062,941
HERITAGE II
196/4
2003 $8,188,900
$6,913,800
HERITAGE II
196/4
2004 $8,188,900
$7,680,000
HERITAGE II
196/4
2005 $8,188,900
$6,970,400
HERITAGE II
196/4
2006 $8,188,900
$6,623,281
HERITAGE II
196/4
2007 $8,583,500
$8,053,600
2. Taxpayer agrees to waive prejudgment interest provided that the tax refund is paid within sixty (60) days of the judgment.
ROLL CALL:
Council Member Knapp – yes
Council Member O’Hagan – yes
Council Member McCullough - yes
Council Member Pazan – yes
Council Member Arnao – yes
Council Member Orseck - yes
8. Resolution Approving New Member to GR Fire Department
Resolution No. 189-07
Offered by Council Member Knapp
Seconded by Council Member Mc Cullough
WHEREAS, the Fire Department wishes to have the Council pass a resolution approving a member; and
WHEREAS, the Fire Department has recommended that this applicant:
Laurent Barbou
is a qualified candidate and thereby recommend to the governing body for ratification of this appointment,
NOW, THEREFORE, IT IS HEREBY RESOLVED, that in accordance with the bylaws of the Glen Rock Fire Department the Borough Council of the Borough of Glen Rock does hereby accept the recommendations of the Fire Department and accepts the application for membership of:
Laurent Barbou
ROLL CALL:
Council Member Knapp - yes
Council Member O’Hagan - yes
Council Member McCullough - yes
Council Member Pazan - yes
Council Arnao – yes
Council Member Orseck - yes
Motion to accept consent agenda by Council Member Knapp
Seconded by Council Member McCullough
ROLL CALL:
Council Member Knapp - yes
Council Member O’Hagan - yes
Council Member McCullough - yes
Council Member Pazan - yes
Council Member Arnao – yes
Council Member Orseck - yes
4. MOTIONS
Departmental Reports
Council member Knapp (Building Dept.) – There were 95 permits issued for October with fees totaling $28,849. The department also continues to do constant fire, plumbing and electrical inspections.
Council member Pazan (Finance) – Council member Pazan shared printed material from the League Convention on gang control, 2010 census and library.
Council member O’Hagan (Public Safety) – Interviews were conducted for a new patrol officer to fill an opening due to a retirement. An offer to one of the candidates was made today.
Council member Orseck (Recreation) – Council member Orseck commented steps are being taken to refurbish the Wilde Tennis Courts, as noted by the previous resolution. Council member Orseck also noted she attended a class at the League Convention on turf fields.
Council member McCullough (Public Works) – Public Works is feverishly working to pick up leaves, which have finally fallen. The Borough’s recycling program has received approximately $9,500 for their recycling efforts.
Council member Arnao (Licenses and Franchises) – Council member Arnao also noted he attended several technology seminars at the League, adding much information is gained by simply sharing with other municipalities. December 19th is the next Technology Meeting, which will be held in the temporary municipal building.
Motion to accept reports as filed:
Motion by Council Member Arnao
Seconded by Council Member Orseck
ROLL CALL:
Council Member Knapp - yes
Council Member O’Hagan - yes
Council Member McCullough - yes
Council Member Pazan - yes
Council Member Arnao – yes
Council Member Orseck - yes
5. ORDINANCES
Ordinance Procedure #1558 (Garage Sales)
Date of Introduction: November 26, 2007
Council Resolution # 190-07
Introduced by Council Member Knapp
Seconded by Council Member Pazan
Be It Resolved by the Borough Council of the Borough of Glen Rock that of AN ORDINANCE TO AMEND CHAPTER 154 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF GLEN ROCK, 1971, AS AMENDED ENTITLED "PEACE AND GOOD ORDER”; BEING AN ORDINANCE PROVIDING FOR THE CONTROL OF NUISANCES WITHIN THE BOROUGH OF GLEN ROCK; TO CONTROL GARAGE SALES WITHING 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 December 12, 2007 at 8:00 p.m., or as soon thereafter as the matter can be reached, at the Municipal Building in the Borough of Glen Rock, and that at such time and place all persons interested be given an opportunity to be heard concerning said ordinance, and that the Borough Clerk is hereby authorized and directed to publish said ordinance in the Bergen Record according to law with a notice of its introduction and passage on first reading and of the time and place when and where said ordinance will be further considered for final passage.
ROLL CALL:
Council Member Knapp – yes
Council Member O’Hagan – yes
Council Member McCullough - yes
Council Member Pazan – yes
Council Member Arnao - yes
Council Member Orseck - yes
REVISED 11-26-07
ORDINANCE NO. 1558
AN ORDINANCE TO AMEND CHAPTER 154
OF THE REVISED GENERAL ORDINANCES
OF THE BOROUGH OF GLEN ROCK, 1971, AS AMENDED
ENTITLED "PEACE AND GOOD ORDER”; BEING AN ORDINANCE PROVIDING FOR THE CONTROL OF NUISANCES WITHIN THE BOROUGH OF GLEN ROCK; TO CONTROL GARAGE SALES WITHING THE BOROUGH
BE IT ORDAINED By the Mayor and Council of the Borough of Glen Rock, County of Bergen, State of New Jersey, as follows:
Section 1. Chapter 154 of the Revised General Ordinances of the Borough of Glen Rock, 1971, as amended, entitled "Peace and Good Order", is hereby amended as follows:
1. There is added thereto a new Section 154-7 entitled “Garage Sales” to read as follows:
“154-7. Garage Sales.
A. Definitions
Garage Sale shall mean and include all sales entitled "garage sale", "lawn sale", "attic sale", "rummage sale", "flea market sale", or any similar casual sale of tangible personal property which is advertised by any means whereby the public at large is or can be made aware of the sale.
Goods shall mean to include any goods, warehouse merchandise or other property capable of being the object of the sale regulated hereunder. Goods acquired solely for the purpose of resale are not allowed. A person may not be in the business of selling such property from his/her home.
Person shall mean and include individuals, partnerships, voluntary associations and corporations.
B. Number and Hours. Each person may hold four (4) garage sales within a twelve month period. (two the first six months (January 1 to June 30 and two the second six months – July 1 to December 31) and the sale shall be valid for no more than three consecutive calendar days. The garage sale may take place only during the hours of 9:00 a.m. and 6:00 p.m.
C. Persons or Sales Excepted. The provisions of this ordinance shall not apply to or affect the following persons or sales:
a. Persons selling goods pursuant to an Order or process of a court of competent jurisdiction;
b. Persons acting in accordance with their powers and duties as a public official; or
c. Any person selling or advertising a sale of items of personal property which are specifically named or described in the advertisement in which separate items do not exceed five (5).
D. Penalty. Any person or corporation conducting any such sale who violate any of the terms and regulations of this ordinance, shall first receive a warning from the Police Department after the fifth garage sale. Thereafter, any person who is convicted of a violation of any provision of this article shall be subject to a fine of not less than $100.00, no more than $500.00
Section 2. Validity-Severability.
If the provisions of any section, subsection, paragraph, subdivision, or clause of this Ordinance shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of this Ordinance, but such judgment shall be confined in its operation to the section, paragraph, subdivision or clause directly involved in the controversy in which said judgment shall have been rendered.
Section 3. All Ordinances or parts of Ordinances inconsistent with the provision hereof are hereby repealed.
Section 4. This Ordinance shall take effect upon passage and publication as required by law.
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Ordinance Procedure #1552
Date of Introduction: October 10, 2007
Council Resolution # 156-07
Introduced by Council Member Knapp
Seconded by Council Member Pazan
AN ORDINANCE TO AMEND CHAPTER 133 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF GLEN ROCK, 1971, AS AMENDED ENTITLED "LICENSING/GENERAL"; BEING AN ORDINANCE ESTABLISHING A UNIFORM SET OF PROCEDURES FOR ADMINISTERING THE ISSUANCE OF LICENSES WITHIN THE BOROUGH; TO PROVIDE FOR GARAGE SALES WITHIN THE BOROUGH
A motion was made by Council member Knapp to withdraw Ordinance #1552 for consideration. The motion was seconded by Council member Pazan.
ROLL CALL:
Council Member Knapp – yes
Council Member O’Hagan – yes
Council Member McCullough - abstain
Council Member Pazan – yes
Council Member Arnao - yes
Council Member Orseck - yes
6. MEETING OPEN TO THE PUBLIC: (Before speaking at the meeting, each person must state their name and address. 5 minute limit)
Lenora Benjamin commented that there will be two additional leaf pick-ups on Saturday, December 1st and 8th. Lenora also mentioned that the initial 5,000 recycling bags have been depleted and a second 5,000 bags have been ordered. Residents are encouraged to bag their leaves, especially those who live on County roads.
Naomi Gamorra – Ms. Gamorra asked if the Council has received the tree ordinance proposed by some concerned residents. Mayor van Keuren stated he and each of the Council members have received the proposal and are currently reviewing it. Ms. Gamorra commented the proposed ordinance is not meant to restrict residents when developing or improving their property.
Leslie Kameny - 33 Beech Road – Ms. Kameny expressed concern over the Borough not having an established tree ordinance, particularly protecting large shade trees.
Candy Hall – 29 Amherst Court – Ms. Hall commented that the objective of this ordinance is to encourage the planting and preservation of mature shade trees, encourage proper maintenance of all trees, discourage and eliminate the destruction of trees and focus on dead or diseased trees that may be harming one’s property.
Council member Knapp clarified that the proposed ordinance is strictly for private property, adding that the Borough currently has a very comprehensive plan for trees on public property.
Doris Ciaramella – 15 Austin Place – Mrs. Ciaramella thanked the town for the good publicity the senior citizen programs receives. Once again, Mrs. Ciaramella asked why the seniors have to pay for use of the municipal pool.
Maria Tishman – Ms. Tishman commented on the number of huge homes being built on small pieces of property which are seriously detracting from the charm of Glen Rock. Ms. Tishman stated the Council needs to make a decision on the volume of home allowed on a piece of property. In addition to the large homes, Ms. Tishman expressed concern over the old-growth trees that need to be removed in order to build these homes. Mayor van Keuren stated, as previously mentioned, the Council has just begun considering a tree ordinance and as far as the large homes this subject has been with the Planning Board for some time to which they are trying to come to a conclusion that can be brought back to the Council.
Jeff Tishman – 37 Griswold Place – Mr. Tishman referenced a town (Montclair) who was experiencing a zoning issue and they were able to “fix” their problem in one day. Glen Rock’s problem has been ongoing for many years and by contractor’s, not necessarily the homeowner. Mr. Tishman suggested a moratorium be enacted to halt further construction before additional “McMansions” are built.
Council member McCullough assured Mr. Tishman that the Borough is working within the constraints of the law to address this concern. Council member McCullough added that there are no provisions within the law for the Borough to declare a moratorium on either improvements or new houses. The Borough is addressing this issue through the Planning Board and a special committee created to deal with “McMansions”.
Mr. Tishman asked why the Borough couldn’t declare a moratorium. Mayor van Keuren replied it isn’t legal and Council member Pazan added not everyone feels the same as Mr. Tishman.
Sally Killeen – Doremus Avenue – Ms. Killeen commented there is an odor emanating from the Recycling Center. Ms. Killeen asked if there are any plans to deal with this odor. Council member McCullough commented that the odor is from decomposing leaves, which this site is used for. Ms. Killeen commented when the leaves are turned the odor is released and previously the leaves have been treated to eliminate the odor.
Mary Henninger – Thornbury Avenue – Mrs. Henninger also commented that she has received numerous calls from residents whose lives have been ruined due to “McMansions”. Residents are experiencing flooding, aesthetic issues, light, privacy and their quality of life has diminished all as a result of “McMansions”. It’s time that something is done and this issue stopped.
Mayor van Keuren stated, again, that this issue has been with the Planning Board for some time. There have been numerous advertised public meetings, for public input, to which no one has shown up. The comments made this evening will be carried back to the Planning Board. Mayor van Keuren clarified that the Borough has been looking at this issue to try and find a fair and equitable solution for all residents.
7. ADJOURNMENT
Motion to adjourn the meeting was made by Council member McCullough
Seconded by Council member Arnao
Meeting adjourned at 8:57 p.m.
____________________________
Jacqueline Scalia, Borough Clerk
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