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PUBLIC MEETING – Wednesday, December 12, 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, December 12, 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.
Council member Knapp 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 11/28/07
Resolution No. 158-07
Offered by Council Member McCullough
Seconded by Council Member Pazan
BE IT RESOLVED, that the Minutes of:
Meetings of November 28, 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 to Award Asbestos Removal Bid
Resolution No. 159-07
Offered by Council Member McCullough
Seconded by Council Member Pazan
______________________________________________________________________________
RESOLUTION AWARDING CONTRACT FOR GLEN ROCK
MUNICIPAL BUILDING-SELECTIVE DEMOLITION PROJECT
WHEREAS, the Borough of Glen Rock awarded a selective demolition bid for the Glen Rock Municipal Building on October 24, 2007 in the amount of $163,500; and
WHEREAS, during the course of demolition, the environmental consultant for the Borough of Glen Rock was retained to inspect and test suspected asbestos containing material; and
WHEREAS, additional material was found to contain asbestos, namely 5 locations, 45 linear feet of pipe insulation and 9 elbow and fittings; and
WHEREAS, the Borough Administrator requested proposals from five vendors who specialize in asbestos abatement; and
WHEREAS, Niram, Inc. submitted a lowest proposal of $11,700 to perform such abatement.
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Glen Rock that change order #1 be approved for abatement in an award be made for additional asbestos abatement in 5 locations, 45 linear feet of pipe insulation and 9 elbow and fittings in amount not to exceed $11,700 to Niram, Inc., 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
3. Resolution of the Mayor and Council of the Borough of Glen Rock Adopting the Bergen County Hazard Mitigation Plan
Resolution No. 160-07
Offered by Council Member McCullough
Seconded by Council Member Pazan
Resolution of the Mayor and Council of the Borough of Glen Rock
Adopting the Bergen County Hazard Mitigation Plan
WHEREAS, the Bergen County Hazard Mitigation Plan has been prepared in accordance with Title 44 Part 201.6 of the Code of Federal Regulation (CFR) pertaining to the requirements for mitigation planni9ng under the Federal Emergency Management Agency (FEMA); and
WHEREAS, the Borough of Glen Rock, participated in the preparation of Bergen County’s multi-jurisdictional plan; and
WHEREAS, the Borough of Glen Rock is a local unit of government that has afforded the citizens an opportunity to comment and provide input in the Plan and the actions in the Plan; and
WHEREAS, the Borough of Glen Rock has reviewed the Plan and affirms that the Plan will be updated no less than every five years;
NOW THEREFORE, BE IT RESOLVED by the Town Council that the Borough of Glen Rock adopts the Bergen County Hazard Mitigation Plan as this jurisdiction’s Multi-Hazard Mitigation Plan, and resolves to execute the actions in the Plan.
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 Appointing Community Development Representative
Resolution No. 161-07
Offered by Council Member McCullough
Seconded by Council Member Pazan
RESOLUTION APPOINTING A REPRESENTATIVE AND ALTERNATE FOR THE BERGEN COUNTY COMMUNITY DEVELOPMENT PROGRAM
WHEREAS, the Borough of Glen Rock has entered into a Three-Year Cooperative Agreement with the County of Bergen, as provided under the
Inter-local Service Act NJSA 40A:8A-1 et seq., and Title 1` of the Housing and Community Development Act of 1974; and
WHEREAS, said agreement requires that one Municipal Representative be appointed by the Governing Body of the community to be part of the Community Development Regional Committee for the term of one year coinciding with the fiscal year July 1, 2007, through June 30, 2008
NOW, THEREFORE, BE IT RESOLVED, that the governing body hereby appoints Joan Orseck as its representative to participate on the Community Development Regional Committee; and
BE IT FURTHER RESOLVED, that Lenora Benjamin, Borough Administrator be appointed as the alternative representative.
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. Resolution Granting Disabled Veterans Status
Resolution No. 162-07
Offered by Council Member McCullough
Seconded by Council Member Pazan
______________________________________________________________________________
RESOLUTION GRANTING DISABLED VETERAN STATUS
WHEREAS, the Tax Assessor has received and approved an application for a 100% disabled Veteran’s exemption pursuant to N.J.S.A. 54:4-3, by the owners of record located at Block 43, Lot 16, 367 Doremus Avenue.
WHEREAS, the Tax Assessor has recommended to the Mayor & Council that the tax exemption be made retroactive to September 1, 2005, the date of the application.
NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of Glen Rock, that in accordance with the recommendation of the tax assessor, the owner of premises commonly known as 367 Doremus Avenue, Block 43, Lot 16 shall be entitled to a 100% Veteran’s disability tax exemption of their property pursuant to N.J.S.A. 54:4-3, said exemption to be effective retroactive to July 26, 2007.
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
Motion to accept consent agenda by Council Member McCullough
Seconded by Council Member Pazan
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
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Joanne Perry, OEM Coordinator – Joanne explained that FEMA has determined that each municipality must have a Hazardous Mitigation Plan in place by the end of 2007. The adoption of the County mitigation plan will meet this requirement. By joining in with the County, and receiving grant money, each municipality will save a considerable amount of money than if they were to develop their own individual program. By complying this will allow Glen Rock to continue to obtain federal funding in the event of a declaration of emergency, such as the storm in April 2007.
4. ORDINANCES
Ordinance Procedure: # 1558 (Garage Sales)
Date of Final Reading: December 12, 2007
Date of Introduction: November 28, 2007
A motion to open this ordinance for public comment was made by Council member Knapp and seconded by Council member Orseck. All were in favor.
James Garofalo – 140 Midwood Road – Mr. Garofalo commented he has previously approached the Council and asked them to consider restrictions on excessive garage sales. Mr. Garofalo has experienced excessive garage sales in duration, frequency and traffic congestion. Mr. Garofalo thanked the Council for action concerning this inconvenience.
A motion to close this ordinance for public comment was made by Council member Knapp and seconded by Council member Orseck. All were in favor.
Council Resolution # 163-07
Introduced: Council Member Knapp
Seconded Council Member Orseck
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
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 – yes
Council Member McCullough - no
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.
5. MEETING OPEN TO THE PUBLIC: (Before speaking at the meeting, each person must state their name and address. 5 minute limit)
Council member O’Hagan commented, for all practical purposes, this is Council member McCullough’s final council meeting as a Councilman. Council member O’Hagan thanked Mark for his service to the Borough adding he trusts and values Mark’s opinion and will continue to seek it even after his tenure as Councilman.
Irene Brown – 675 Lincoln Avenue – Mrs. Brown read a statement commenting on the unfairness to Borough taxpayers concerning the Glen Rock Community School. Mrs. Brown stated she recently attended a class, to which the Borough paid $39/senior. Twenty seniors registered for the course to which five of those seniors never attended or only attended one class. This class cost taxpayers $702 for 18 seniors, even though average attendance for seniors was less than ten. Mrs. Brown stated based on this average the cost of tuition for the fall and winter semesters to the taxpayers is over $15,000, plus an additional cost for the spring semester to which fewer classes are offered. Mrs. Brown believes the Borough should not be paying the school for seniors who are taking courses, but rather the school to offer free or discounted prices, if they choose. The Community School is receiving money from the town that is circumventing their budget limitations. Mrs. Brown stated this issue has been going on for many years. The Borough has been told by the Community School that the classes paid for have full attendance.
Mary Henninger – Thornbury Avenue – Mrs. Henninger thanked the town for the great job in picking up the leaves. Mrs. Henninger stated at a recent Senior Citizen Advisory meeting several senior groups expressed concern in a snow removal program for senior citizens, similar to the leaf raking program. Mrs. Henninger suggested that perhaps a similar program to Y.E.S. (Youth Employment Services) be reinstated where the participants are offered payment. Council member Knapp commented that the office in deed did have a list of volunteers, with the objective of matching up a volunteer to help a senior for the winter season. Unfortunately, travel plans, sports obligations and lack of reliability failed to keep seniors and volunteers “matched up”. The school groups, youth groups and scout groups have all been approached in an attempt to drum up volunteers. Borough Administrator added that the biggest problem is that there are no volunteers to carry out the program. Mrs. Henninger asked if the Borough was still part of the Reverse 9-1-1. OEM Coordinator Joanne Perry replied that Reverse 9-1-1 was a program that gave Central Dispatch the capability of calling everyone and relaying a message. This service is no longer being done at Central Dispatch anymore. We are in the process of coordinating with the Board of Education to use Swiftreach, as a Reverse 9-1-1 program. Swiftreach provides the capability of reaching all, or as many of, the residents as we wish.
Jim Garofalo – 140 Midwood Road – Mr. Garofalo commented that many years ago the issue of charging senior citizens to use the pool be instituted. Mr. Garofalo commented that the seniors are using the pool and there is a fee charged for the membership badge as well as staffing. Mr. Garofalo believes the seniors should carry some of the cost for the running of the pool, repairs, staffing, chemicals, not to mention the extensive renovation. Mr. Garofalo stated he believes $20 is a nominal fee for seniors to enjoy the pool.
Mayor van Keuren stated that the Borough values the senior demographic in town and while some believe all users should pay something for the pool use. The Council is continuously aware of what monetary benefits serve which demographic groups.
Doris Ciaramella – 15 Austin Place – Mrs. Ciaramella thanked Jill Riker for her seven years of coordinating “The Big Sweep”. Jill mentioned to her that no one has stepped up to continue coordinating this program to which the borough has agreed to accept. Mrs. Ciaramella asked how the Borough “lost” the service of the Reverse 9-1-1 program. Joanne Perry replied that NWBCD had the capability of Reverse 9-1-1, and then the County took over this program under the auspices that there would not be a fee for this service. Then along came Swiftreach to which the County subscribed and would install a fee. The Borough did not feel they should pay for this service twice since we are in essence paying for it through the Board of Education. If we were to call the County and ask them to put out a Reverse 9-1-1 call to Glen Rock there would be a substantial fee. In summary, Mayor van Keuren stated we currently do not have the system; however we have people who are working hard to restore it. Joanne added in the event of an emergency we could use the County’s program.
Jim Seaton – Ferndale Avenue – Mr. Seaton questioned recent stories concerning the privatization of our DPW services. Mr. Seaton stated next to the Fire Dept. and Ambulance he feels the DPW are the single most important people in town. The Borough needs to resolve any differences they may have with the DPW and “the heck with bringing in a private contractor whose sole idea is to make a buck”. Mr. Seaton asked if taxes have ever been collected on the old Home Fuel property, especially since two owners have gone bankrupt. Mayor van Keuren assured Mr. Seaton that taxes have been collected on that property, adding that this property is currently on the market for $3.7 million. Mayor van Keuren clarified that our DPW has three departments and the Borough is currently negotiating with the union that represents all three departments. There are no plans to privatize all of the DPW. Mr. Seaton clarified he would not like to see any part of the DPW privatized.
Bill Brown – 675 Lincoln Avenue – Mr. Brown replied to an earlier resident stating that he believes people should pay for whatever services they receive, consequently they should not have to pay for services they do not receive, i.e. taxes to support the school system. Seniors are paying thousands of dollars for no service (school system) verses $20 for a service they receive (pool badge).
Unidentified Resident – Expressed satisfaction that the Council is willing to look at instituting an ordinance regarding the depletion of large shade trees and the construction of large homes (McMansions). This resident asked when an ordinance would be written concerning either of these subjects; trees and McMansions. Mayor van Keuren stated he hesitates to give an exact timetable; however it will be discussed at work sessions in January. During the January work sessions the Council will get a better sense of how quickly these issues can be resolved. A great deal of information has already been obtained with many specific suggestions.
6. ADJOURNMENT
Motion to adjourn the meeting was made by Council member McCullough
Seconded by Council member Arnao
Meeting adjourned at 9:06 p.m.
____________________________
Jacqueline Scalia, Borough Clerk
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