PUBLIC MEETING – Wednesday, March 25, 2009 at 8:00 p.m.

There will be a Public Meeting of the Mayor and Council of the Borough of Glen Rock on Wednesday, March 25, 2009, at 8:00 p.m. in the Council Chambers of the Municipal Building.

Agenda: (May be subject to change) 

1. CALL TO ORDER /ROLL CALL

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

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

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

2. FLAG SALUTE/ANNOUNCEMENTS 

Council member Pazan led the Council in the flag salute. 

Mayor van Keuren introduced and swore in members of the 2009 Community Relations Advisory Board. 

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 (3/11/09)

Resolution No. 108-09
Offered by Council Member Orseck
Seconded by Council Member Biggs


BE IT RESOLVED, that the Minutes of:

Meeting of March 11, 2009
Be accepted as submitted.

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

2. Resolution Authorizing Additional Professional Engineering Services at the Department of Public Works Facility

Resolution No. 109-09
Offered by Council Member Orseck
Seconded by Council Member Biggs

RESOLUTION AUTHORIZING ADDITIONAL PROFESSIONAL ENGINEERING SERVICES AT THE DEPARTMENT OF PUBLIC WORKS FACILITY INCLUDING INSTALLATION OF DELINEATION WELLS, SURVEYING, MAP PREPARATION AND SAMPLING

WHEREAS, Glen Rock has received a proposal dated October 17, 2007 from the Borough Engineer, Stantec Consulting Services, Inc., to provide professional environmental engineering services for the Department of Public Works facility, including the installation of delineation wells, surveying, map preparation and sampling, and was approved on February 27, 2008, Resolution No. 66-08; and

WHEREAS, during the groundwater sampling of the seven monitoring wells, it was determined that three additional tasks of groundwater sampling, data evaluation, reporting and well abandonment procedures performed by a New Jersey licensed driller under the oversight of Stantec Consulting Services, Inc was necessary; and

WHEREAS, such services are professional in nature and exempt from advertised bidding, but notice of this resolution must be sent to a legal newspaper as required by the Local Public Contracts Law; now therefore

BE IT RESOLVED, by the Borough Council of Glen Rock that the proposal dated July 9, 2008, is hereby accepted, with professional engineering services authorized in an amount not to exceed $33,572, subject to certification of funds by the CFO.

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

3. Resolution Authorizing Tax Overpayment Refund ( B53L3)

Resolution No. 110-09
Offered by Council Member Orseck
Seconded by Council Member Biggs


RESOLUTION AUTHORIZING TAX OVERPAYMENT REFUND

WHEREAS, it has been determined by the Tax Collector that the 1st Quarter, 2009 Taxes on Block 53 Lot 3 in the amount of $7,376.16 was paid by First American Tax Service and title company National Real Estate Inf. Services causing an overpayment;

WHEREAS, the home owner of Block 53 Lot 3 is Todd Orlich;

NOW, THEREFORE, BE IT RESOLVED, that the Borough of Glen Rock hereby reimburses Todd Orlich for the tax overpayment in the amount of $7,376.16.

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

4. Resolution Authorizing Tax Overpayment Refund (B117L15)

Resolution No. 111-09
Offered by Council Member Orseck
Seconded by Council Member Biggs


RESOLUTION AUTHORIZING TAX OVERPAYMENT REFUND

WHEREAS, it has been determined by the Tax Collector that the taxpayer Paul Massood paid 1st Quarter, 2009 Taxes on Block 117 Lot 15 in the amount of $2,911.86 and;

WHEREAS, the amount due the 1st Quarter 2009 payment on Block 117 Lot 15 is $2,859.45 causing an overpayment of $52.41;

NOW, THEREFORE, BE IT RESOLVED, that the Borough of Glen Rock hereby reimburses Paul Massood for the tax overpayment in the amount of $52.41.

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

5. Resolution Authorizing Tax Overpayment Refund (B130L8)

Resolution No. 112-09
Offered by Council Member Orseck
Seconded by Council Member Biggs


RESOLUTION AUTHORIZING TAX OVERPAYMENT REFUND

WHEREAS, it has been determined by the Tax Collector that the taxpayer James Gilmartin paid 1st Quarter, 2009 Taxes on Block 130 Lot 8 in the amount of $2,456.90 and;

WHEREAS, the amount due the 1st Quarter 2009 payment on Block 130 Lot 8 is $2,427.50 causing an overpayment of $29.40;

NOW, THEREFORE, BE IT RESOLVED, that the Borough of Glen Rock hereby reimburses James Gilmartin for the tax overpayment in the amount of $29.40.

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

6. Resolution Authorizing Tax Overpayment Refund (B66L8)

Resolution No. 113-09
Offered by Council Member Surrago
Seconded by Council Member Arnao


RESOLUTION AUTHORIZING TAX OVERPAYMENT REFUND

WHEREAS, it has been determined by the Tax Collector that the taxpayer Seth Hillman paid 1st Quarter, 2009 Taxes on Block 66 Lot 8 in the amount of $4,050.08 and;

WHEREAS, the amount due for the 1st Quarter was $3,981.26 this caused an overpayment of $68.82 due back to Seth Hillman;

NOW, THEREFORE, BE IT RESOLVED, that the Borough of Glen Rock hereby reimburses Seth Hillman for the tax overpayment in the amount of $68.82.

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

7. Resolution Authorizing Tax Overpayment Refund (B205L8)

Resolution No. 114-09
Offered by Council Member Orseck
Seconded by Council Member Biggs


RESOLUTION AUTHORIZING TAX OVERPAYMENT REFUND

WHEREAS, it has been determined by the Tax Collector that the taxpayer Keith Richter paid 1st Quarter, 2009 Taxes on Block 205 Lot 8 in the amount of $3,270.38 and;

WHEREAS, the amount due the 1st Quarter 2009 payment on Block 205 Lot 8 is $3,231.26 causing an overpayment of $39.12;

NOW, THEREFORE, BE IT RESOLVED, that the Borough of Glen Rock hereby reimburses Keith Richter for the tax overpayment in the amount of $39.12.

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

8. Resolution Authorizing Tax Overpayment Refund (B160L2)

Resolution No. 115-09
Offered by Council Member Orseck
Seconded by Council Member Biggs


RESOLUTION AUTHORIZING TAX OVERPAYMENT REFUND

WHEREAS, it has been determined by the Tax Collector that the taxpayer Robert Sanders through an attorney paid 1st Quarter, 2009 Taxes on Block 160 Lot 2 in the amount of $2,515.39 and;

WHEREAS, First American Tax Service also made a 1st Quarter 2009 payment on Block 160 Lot 2 in the amount of $2,515.39 causing an overpayment of $2,515.39;

NOW, THEREFORE, BE IT RESOLVED, that the Borough of Glen Rock hereby reimburses Robert Sanders for the tax overpayment in the amount of $2,515.39.

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

9. Resolution Authorizing Tax Overpayment Refund (B151L1)

Resolution No. 116-09
Offered by Council Member Orseck
Seconded by Council Member Biggs


RESOLUTION AUTHORIZING TAX OVERPAYMENT REFUND

WHEREAS, it has been determined by the Tax Collector that Countrywide Tax Service paid $3,290.25 and $61.30 in the 1st quarter 2009 on Block 151 Lot 1 and;

WHEREAS, the total amount due for the 1st quarter was $3,290.25 so there was an overpayment of $61.30,

NOW, THEREFORE, BE IT RESOLVED that the Borough of Glen Rock hereby reimburses Countrywide Tax Service for the tax overpayment in the amount of $61.30.

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

10. Resolution Authorizing Tax Overpayment Refund (B117L16)

Resolution No. 117-09
Offered by Council Member Orseck
Seconded by Council Member Biggs


RESOLUTION AUTHORIZING TAX OVERPAYMENT REFUND

WHEREAS, it has been determined by the Tax Collector that Hudson City Savings Bank paid $4,350.76 and $259.64 in the 1st quarter 2009 on Block 117 Lot 16 and;

WHEREAS, the total amount due for the 1st quarter was $4,350.76 so that there was an overpayment of $259.64,

NOW, THEREFORE, BE IT RESOLVED that the Borough of Glen Rock hereby reimburses Hudson City Savings Bank for the tax overpayment in the amount of $259.64.

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

11. Resolution Authorizing Return of Bid Bond to Verizon (Recycling Cell Tower) 

Resolution No. 118-09
Offered by Council Member Orseck
Seconded by Council Member Biggs


A RESOLUTION AUTHORIZING RELEASE OF BID BOND TO NEW YORK SMSA LIMITED PARTNERSHIP d/b/a VERIZON WIRELESS 

WHEREAS, the Borough of Glen Rock awarded the bid for the Wireless Communications Facility Lease at the Recycling Center to New York SMSA Limited Partnership d/b/a Verizon Wireless as the high bidder; and

WHEREAS, New York SMSA Limited Partnership d/b/a Verizon Wireless had submitted with its bid a bid bond in the amount of $3,152.40; and

WHEREAS, the contractor has substantially complied with all provisions of its bid and the specifications related thereto, including the completion of the construction, execution of a lease agreement and related co-location agreements and the delivery of the requisite lease security; and 

WHEREAS, based upon its substantial completion of the conditions of its bid, New York SMSA Limited Partnership d/b/a/ Verizon Wireless has requested the release of its bid bond.

NOW, THEREFORE, BE IT RESOLVED, that the bid bond submitted by New York SMSA Limited Partnership d/b/a/ Verizon Wireless for the Wireless Communications Facility Lease at the Recycling Center in the amount of $3,152.40 be released by the Borough of Glen Rock. 

I, Jacqueline Scalia, the Borough Clerk of the Borough of Glen Rock, hereby certify that this is a true copy of a Resolution passed by the Council of the Borough of Glen Rock at a meeting held this 25th day of March, 2009.




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

12. Resolution Authorizing Tax Overpayment Refund (B143L16)

Resolution No. 119-09
Offered by Council Member Orseck
Seconded by Council Member Biggs


RESOLUTION AUTHORIZING TAX OVERPAYMENT REFUND

WHEREAS, it has been determined by the Tax Collector that Glen Rock Savings Bank paid $3,034.46 and $126.64 in the 4th quarter 2008 and paid $2,950.24 and $126.64 in the 1st quarter 2009 on Block 143 Lot 16 and;

WHEREAS, the total amount due for the 4th quarter was $3,034.46 and total amount due in 1st quarter was $2,950.24 so that there was a total overpayment of $253.28,

NOW, THEREFORE, BE IT RESOLVED that the Borough of Glen Rock hereby reimburses Glen Rock Savings Bank for the tax overpayment in the amount of $253.28.

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

13. Resolution for Payment of Bills

Resolution No. 120-09
Offered by Council Member Orseck
Seconded by Council Member Biggs


BE IT RESOLVED, that the following bills of the Borough of Glen Rock be paid in the amount of $2,659,470.59

Board of Education $ 1,584,152.00
Payroll 544,394.78 
NJSHBF 124,338.62 
Village of Ridgewood 15,795.24
P.S.E.&G. 43,632.53
N.W. Central Dispatch 80,421.55
RVH Mulch Supply 10,875.00 
Misc. 140,871.52
Subtotal $ 2,544,481.24
Capital 114,989.35
Total Payment of Bills $ 2,659,470.59


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

14. Resolution for Transfer of Funds

Resolution No. 121-09
Offered by Council Member Orseck
Seconded by Council Member Biggs
____________________________________________________________________________
BE IT RESOLVED by the Mayor and Council that the following transfers be made within the 2008 Municipal Budget:

FROM TO AMOUNT
PLANNING BD S&W 21-1801 PLANNING BD OE 21-1802 $ 1,218.00
ENGINEERING OE 20-1652 PLANNING BD OE 21-1802 $ 3,331.00
LEGAL OE 20-1552 POLICE S&W 25-2401 $ 4,756.00
LEGAL OE 20-1552 POLICE OE 25-2402 $ 770.00
LEGAL OE 20-1552 UNEMPLOYMENT 23-2253 $ 19,000.00
FIRE PREV OE 25-2682 FIRE PREV S&W 25-2681 $ 525.00
SHUTTLE BUS OE 28-3772 ELECTRICITY 31-4301 $ 8,400.00
INSURANCE 23-2252 ELECTRICITY 31-4301 $ 8,636.00
INSURANCE 23-2252 STREET LGT 31-4352 $ 22,600.00
INSURANCE 23-2252 GASOLINE 31-4460 $ 6,355.00
FIRE HYDRANT 25-2672 GASOLINE 31-4460 $ 1,780.00
SHUTTLE BUS S&W 28-3771 LIBRARY 29-3901 $ 1,500.00
SANITATION S&W 26-3051 RECYCLING S&W 26-3061 $ 4,870.00
SANITATION S&W 26-3051 RECYCLING OE 26-3062 $ 8,902.00
CONSTR CODE S&W 22-1951 RECYCLING OE 26-3062 $ 8,000.00
SANITATION S&W 26-3051 SANITATION OE 26-3052 $ 475.00
RECREATION OE 28-3701 TELEPHONE 31-4376 $ 5,950.00
SOCIAL SECURITY 43-4720 NATURAL GAS 31-4303 $ 4,340.00
DPW OE 26-3302 DPW S&W 26-3302 $ 37,331.00

TOTAL $148,739.00

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

15. Resolution for Cooperative Pricing Agreement

Resolution No. 122-09
Offered by Council Member Orseck 
Seconded by Council Member Biggs


RESOLUTION FOR COOPERATIVE PRICING

A RESOLUTION AUTHORIZING THE BOROUGH OF GLEN ROCK TO ENTER INTO A COOPERATIVE PRICING AGREEMENT WITH THE HUNTERDON COUNTY EDUCATIONAL SERVICES COMMISSION HEREINAFTER REFERRED TO AS THE “LEAD AGENCY” FOR THE CONDUCT OF CERTAIN FUNCTIONS RELATING TO THE PURCHASE OF WORK, MATERIALS AND SUPPLIES FOR THEIR VARIOUS JURISDICTIONS.

BE IT ORDAINED BY THE BOROUGH OF GLEN ROCK, COUNTY OF BERGEN AND STATE OF NEW JERSEY:

WHEREAS, this resolution shall be known and may be cited as the Cooperative Pricing Resolution of the Borough of Glen Rock, and

WHEREAS, pursuant to the provisions of N.J.S.A. 40A: 11-11(5), the Governing Body is hereby authorized to enter into a Cooperative Pricing Agreement with the Lead Agency or any other contracting unit within the County of Hunterdon or adjoining counties for the purchase of work, materials and supplies, and

BE IT RESOLVED, that the Lead Agency entering into contracts on behalf of the municipality of The Borough of Glen Rock shall be responsible for complying with the Local Public Contracts Law (N.J.S.A/ 40: 11-1 et seq.) and all other provisions of the revised statutes of the State of New Jersey.

All resolutions or parts thereof inconsistent with this resolution shall be and the same is hereby repealed.

This resolution shall take effect immediately upon final passage and publication according to law.

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

16. Resolution for Tax Appeal Refund (B52L12)

Resolution No. 123-09
Offered by Council Member Orseck
Seconded by Council Member Biggs


WHEREAS, there is pending before the Tax Court of New Jersey, the matter of Dunn 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 2007 and 2008 and 2009, assessment; and

WHEREAS, as a result of discussions between the Tax Assessor 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 

Joseph & Sara Dunn 52/12 2007 812,700 WITHDRAWN 
Joseph & Sara Dunn 52/12 2008 812,700 $800,000 


2. The Borough Tax Assessor will file an Assessor’s Recommendation with the Bergen Tax Board for 2009 to total assessment to the amount $805,000.

3.. Taxpayer agrees to waive prejudgment interest provided that the tax refund is paid within sixty (60) days of the judgment.

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

17. Resolution Authorizing Return of Bid Bond to Verizon (Prospect Cell Tower)

Resolution No. 124-09
Offered by Council Member Orseck
Seconded by Council Member Biggs

A RESOLUTION AUTHORIZING RELEASE OF BID BOND TO NEW YORK SMSA LIMITED PARTNERSHIP d/b/a VERIZON WIRELESS 

WHEREAS, the Borough of Glen Rock and the Village of Ridgewood, pursuant to N.J.S.A. 40:8A-1 et seq., entered into a Interlocal Services Agreement for the purpose of leasing public property for the construction and operation of a communications facility on property located within the Village of Ridgewood Water Pollution Control Plant; and

WHEREAS, the Borough of Glen Rock and Village of Ridgewood awarded the third co-
locator space on the communication tower to New York SMSA Limited Partnership d/b/a/ Verizon Wireless (“Verizon”); and 

WHEREAS, Verizon had submitted with its bid a bid bond in the amount of $4,000.00; and

WHEREAS, Verizon has substantially complied with all provisions of its bid and the specifications related thereto, including the execution of a lease agreement and related co-location agreements and the delivery of the requisite lease security; and 

WHEREAS, based upon its substantial completion of the conditions of its bid, Verizon has requested the release of its bid bond.

NOW, THEREFORE, BE IT RESOLVED, that the bid bond submitted by New York SMSA Limited Partnership d/b/a/ Verizon Wireless for the Wireless Communications Facility Lease at the Ridgewood Water Pollution Control Plant site in the amount of $4,000.00 be released by the Borough of Glen Rock; and be it further

RESOLVED, that this Resolution shall only become effective upon adoption of a similar resolution by the Village of Ridgewood authorizing the release of the bid bond to Verizon.

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

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

4. MOTIONS
Departmental Reports 

Council member Arnao (Buildings & Grounds) – Reported that bids for the equipment and furniture for the new building are being reviewed. 

Council member Pazan (Finance) – Culmination of the 2009 budget will be this evening with the introduction of the budget. 

Council member Orseck (Parks & Recreation) – Thanked Andy Stoffo and crew for the repainting of the Shack building. Our Recreation Director has attended certification classes at Rutgers and has conducted one certification class for coaches with more classes to follow. On April 5th there will be a “Bunny Breakfast”. The engineer has reviewed plans for the proposed Arboretum building. Friends of the Arboretum continues with their fund raising and membership drive. The Baseball Association had over 900 registrants, basketball had over 600 third through eighth graders and lacrosse is currently at 320 registrants. Upper Faber Field will be closed this summer.

Council member Surrago (Public Works) – The Environmental Commission and Shade Tree Commission have come up with “tree tags” as part of a 1000 Tree Initiative. DPW will be tagging trees that are planted on public property. 

Council member O’Hagan (Public Safety) – Reported that the “fun” starts Monday with the new traffic pattern and lot closure at the Middle School/High School. Please be patient! We are more committed than ever to educate parents to underage drinking. It’s time for parents and older siblings to stop allowing and purchasing alcohol for underage children. 

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


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

5. Motion to Rescind Resolution 105-09 (2009 Budget Introduction) 
Motion by Council Member O’Hagan
Seconded by Council Member Pazan
ROLL CALL:
Council Member O’Hagan - yes Council Member Pazan - yes
Council Member Arnao - yes Council Member Orseck – yes
Council Member Surrago - yes Council Member Biggs - yes

6. Motion to Withdraw Ordinance #1596 (COLA) 
Motion by Council Member Pazan
Seconded by Council Member Orseck
ROLL CALL:
Council Member O’Hagan - yes Council Member Pazan - yes
Council Member Arnao - yes Council Member Orseck – yes
Council Member Surrago - yes Council Member Biggs - yes

***************
Ordinance Procedure # 1598 (Exceed Municipal Budget)
Date of Introduction: March 25, 2009

Council Resolution # 125-09
Introduced by Council Member Pazan
Seconded by Council Member Surrago

Be It Resolved by the Borough Council of the Borough of Glen Rock that AN ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14)

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 April 15, 2009 at 8:00 p.m., or as soon thereafter as the matter can be reached, at the Municipal Building in the Borough of Glen Rock, and that at such time and place all persons interested be given an opportunity to be heard concerning said ordinance, and that the Borough Clerk is hereby authorized and directed to publish said ordinance in the Bergen Record according to law with a notice of its introduction and passage on first reading and of the time and place when and where said ordinance will be further considered for final passage.

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





ORDINANCE # 1598
CALENDAR YEAR 2009
ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS 
AND TO ESTABLISH A CAP BANK
(N.J.S.A. 40A: 4-45.14)

WHEREAS, the Local Government Cap Law, N.J.S.A 40A: 4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 2.5% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and,
WHEREAS, N.J.S.A. 40A: 4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and, 
WHEREAS, the Mayor and Council of the Borough of Glen Rock in the County of Bergen finds it advisable and necessary to increase its CY 2009 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and,
WHEREAS, the Mayor and Council hereby determines that a 3.5 % increase in the budget for said year, amounting to $112,941 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and,
WHEREAS the Mayor and Council hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years.
NOW THEREFORE BE IT ORDAINED, by the Mayor and Council of the Borough of Glen Rock, in the County of Bergen, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2009 budget year, the final appropriations of the Borough of Glen Rock shall, in accordance with this ordinance and N.J.S.A. 40A: 4-45.14, be increased by 3.5 %, amounting to an additional $112,941, a total of $395,293, and that the CY 2009 municipal budget for the Borough of Glen Rock be approved and adopted in accordance with this ordinance; and, 
BE IT FURTHER ORDAINED, that any that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and,
BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and, 
BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption.

7. Resolution for 2009 Budget Introduction (Amended)

Resolution No. 126-09 
Offered by Council Member Pazan
Seconded by Council Member Orseck
_____________________________________________________________________________

MUNICIPAL BUDGET NOTICE
Section 1

Municipal Budget of the Borough of Glen Rock, County of Bergen for the fiscal year 2009

BE IT RESOLVED, that the following statement of revenues and appropriations shall constitute the Municipal Budget for the year 2009, in the amount of $16,103,679.00 and

BE IT RESOLVED, that said Budget be published in the Record in the issue of April 5, 2009, and

The Governing Body of the Borough of Glen Rock does hereby approve the following as the Budget for the year 2009.

RECORDED VOTE:
ROLL CALL: AYES NAYS ABSTAINED

Council Member O’Hagan X
Council Member Pazan X
Council Member Arnao X 
Council Member Orseck X
Council Member Surrago X
Council Member Biggs X

Notice is hereby given that the Budget Tax Resolution was approved by the Mayor and Council of the Borough of Glen Rock, County of Bergen, on March 25, 2009.

A hearing on the Budget Tax Resolution will be held at the Municipal Building on April 29, 2009, at 8:00 p.m. at which time and place objections to said Budget and Tax Resolution for the year 2009 may be presented by taxpayers or other interested persons. 

8. ORDINANCES:

Ordinance Procedure: # 1597 (Shack Fees)
Date of Final Reading: March 25, 2009
Date of Introduction: March 11, 2009

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

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

Council Resolution # 127-09
Introduced: Council Member Arnao
Seconded Council Member Orseck

AN ORDINANCE TO AMEND CHAPTER 101 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF GLEN ROCK - 1971 AS AMENDED ENTITLED "FEES”; BEING AN ORDINANCE COVERING FEES CHARGED BY VARIOUS AGENCIES, BUREAUS AND DEPARTMENTS WITHIN THE BOROUGH OF GLEN ROCK: TO AMEND POOL SHACK FEES.

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

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

BOROUGH OF GLEN ROCK
ORDINANCE NO. 1597

AN ORDINANCE TO AMEND CHAPTER 101 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF GLEN ROCK - 1971 AS AMENDED ENTITLED "FEES”; BEING AN ORDINANCE COVERING FEES CHARGED BY VARIOUS AGENCIES, BUREAUS AND DEPARTMENTS WITHIN THE BOROUGH OF GLEN ROCK: TO AMEND POOL SHACK FEES.

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

Section I Chapter 101 of the Revised General Ordinance - entitled “Fees” be and is
hereby amended as follows:

I. Section 101-5 entitled “Municipal Pool Facility” is hereby amended as to the following Section:
“1. Section B entitled “Pool Programs, Participation Fees,” subsection 1, Pool shack, child summer program, is deleted in its entirety and replaced with the following:
(1) Wilde Park - Pool Shack Fees, child summer program.
(a) Seven-Week Program: $75.
(b) Maximum cost per family: $175.

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.

9. 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 presented Borough Clerk Jackie Scalia with a small gift as the winner of the VFW Coloring Contest that the Borough employees participated in. Mrs. Rey stated Grove Street is like a “bombed out street”. Lenora Benjamin stated the Borough is working with the Village of Ridgewood to get the street repaved. Mrs. Rey showed pictures of a house behind hers that did not need any variances that encroaches on her sunlight.

Irene Brown – 675 Lincoln Avenue – Mrs. Brown took a recent class at the Community School where a student was allowed to register for a class when only four classes were left. Mrs. Brown asked why the Community School would allow someone to sign up for a “half” class knowing that the Borough would be reimbursing the tuition. Mrs. Brown questioned how $8,000 (allotted in the budget) is covering the classes taken at the Community School by residents. Council member Arnao noted that although it is not final the Board of Education has offered to pay for the resident senior citizen classes. Mrs. Brown agreed that the classes are offered by the BOE and questioned why the Borough should be paying. Mrs. Brown commented that the Ridgewood Taxi program usage has gone down. Mrs. Brown asked why the cleaning budget for the pool was $21,000 last year and only $3,000 this year. Lenora Benjamin commented that the plan is to reallocate resources (personnel) to accomplish the same goals. 

Andrew Brown – 31 Dean Street – Mr. Brown thanked the Mayor and Council for the stop sign at Dean and High Street. Mr. Brown commented he sees a lot of people using cell phones and making illegal turns in the Central Business District.

Alan Bronner – 522 Doremus Avenue – Mr. Bronner believes unnecessary benefits are given to borough employees, i.e. medical benefits for part-timers. Mr. Bronner implored the Council to look at the school budget, if it comes before them, with an extra sharp pencil. Mr. Bronner asked if the Borough has I-9 Forms on the people working on borough projects.

Council member Orseck commented the people working on the municipal building are not borough employees but rather employees of the contractor. The contractor would be the one to provide I-9 forms.

Jim Seaton – Ferndale Avenue – Mr. Seaton commented that the reflectors will be installed in the near future on Maple Avenue. Mr. Seaton stated Harding Road is a disaster. Mr. Seaton stated it is time the Borough begins taking care of necessities (i.e. roads) and not the luxuries (i.e. fields). 

Bill Brown – 675 Lincoln Avenue – Mr. Brown commended the Council on not participating in the deferred payment of employee pensions. Mr. Brown had various questions concerning the budget cap. 

Mary Henninger – Thornbury Avenue – Mrs. Henninger asked Council member Arnao to elaborate on his statement regarding the shuttle bus being shared with the school for sports teams. Council member Arnao commented this was discussed with the Finance Committees as a possible source of shared services. Mrs. Henninger commented the shuttle bus really would not be available during the week due to its full schedule. Council member Arnao stated this was simply a suggestion and by no means will any senior or commuter services be eliminated. 

George Buermann – 323 Hamilton Avenue – Mr. Buermann’s property is directly affected by the new parking conditions at the MS/HS. Mr. Buermann asked if the permit parking will indeed be temporary and the signs will be removed once the construction is completed. Mayor van Keuren replied the new parking arrangement is definitely viewed as a temporary one; however a lot will depend on the experience this creates. We don’t know what we will find; it may turn out to be a great arrangement. Mr. Buermann asked if there will be additional parking on sight when the construction is complete. Council member O’Hagan commented there may be a few additional spaces created however it will be minimal. 

Jennifer Baldacchino - 398 Hamilton Avenue – Ms. Baldacchino understands the changes that are required with the pending construction; however does not understand why no left turn onto Kirkwood should be for the entire day. Ms. Baldacchino asked the Council to consider limiting the no left turn to drop-off and pick-up times only. Council member O’Hagan agrees this is a good idea and will speak with the Police Chief.

Steven Kim – 11 Kirkwood Place – Mr. Kim implored the Council to make these parking changes temporary. Mr. Kim commented that the residents of Kirkwood understand the need however they have to deal with these changes seven days a week, 365 days a year. Mr. Kim feels the residents of the immediate area are affected the greatest and bear the greatest inconvenience. Mr. Kim noted that each driveway on Kirkwood reduces parking space by one and a half spaces. The traffic congestion is caused by the crossroad of Hamilton and Harristown, not by vehicles backing up on Radburn Road. Mr. Kim commented he was never contacted by anyone regarding the pending changes. Mr. Kim asked why parking lines were not painted on Kirkwood and Hamilton.

Mayor van Keuren commented this is a work in process and encouraged residents who are upset with developments, concerning this or any project, to call, e-mail or attend a Council meeting.

Naomi Gamorra – 50 Kent Road – Ms. Gamorra asked if the Council has received the “No Idling” proclamation and information. Mayor van Keuren stated the information has been received and will be discussed at a work session. 

Jim Seaton – Ferndale Avenue – Mr. Seaton asked when the Clerk of the Works will be at a meeting to discuss the municipal building progress. Lenora Benjamin stated she will be at the work session on April 13th.

Jeanne Rey – 153 Winslow Terrace – Mrs. Rey commented there needs to be more space on Harristown and Berkeley where vehicles park. Currently where vehicles park creates a safety hazard with limited sight.

Ezra Hugg – Metro PCS (non-resident) – Mr. Hugg represents a company which has proposed to rent ground space from the Borough for the placement of radio cabinets associated with the two cell towers in town. There would be no visual impact just additional antenna on existing towers. The benefit to the community would be another cellular choice in addition to additional revenue ($36,000-$48,000) to the Borough. 

10. ADJOURNMENT
Motion to adjourn the meeting was made by Council member Arnao
Seconded by Council member O’Hagan
Meeting adjourned at 9:35 p.m.

_____________________________
Jacqueline Scalia, Borough Clerk