Mayor and Council

Borough of Ho-Ho-Kus Bergen County, New Jersey Mayor and Council Minutes May 22, 2018 Regular Public Meeting Meeting Called to Order at 7:35PM by Mayor Randall Open Public Meetings Statement: Read into the record by the Recording Secretary Roll Call: Mayor Randall, Councilman Troast, Councilman Rorty (absent), Councilman Shell, Councilman Iannelli, Councilman Fiato, Councilman Crossley (absent at time of roll call; arrived at 7:54PM) Also in Attendance: David Bole., Borough Attorney; William Jones, Borough Administrator; Deborah Fehre, Interim Borough Clerk; JoAnn Carroll, Recording Secretary Salutation to the Flag PROCLAMATIONS May 15, 2018 Peace Officers Memorial Day May 13-19, 2018 Police Week Eagle Scout Mathew James Cedarstrand Eagle Scout Jack Neill Culleton Eagle Scout David P. Menzel Proclamations adopted; Mayor Randall proclaimed the past week as Peace Officer’s week; resolution in honor of Eagle Scouts will be read at their elevation ceremony. APPROVAL OF MINUTES None COMMITTEE REPORTS- April 2018 All Committee Reports on file with the interim Borough Clerk; reports can be viewed during normal business hours. PUBLIC DISCUSSION No public in attendance came forward to address the Mayor and Council. ADMINISTRATORS REPORT Mr. Jones, stated Ho-Ho-Kus was the hardest hit town in Bergen County by last week’s storm, according to PSE&G; 70% of the Borough lost power; 9 streets were closed due to downed trees; substantial damage; Borough staff worked with PSE&G to take care of the issues in town; inundated with people calling the Borough and the Police Department in regards to loss of power; calls need to be made to PSE&G directly. Mayor & Council Public Meeting Minutes, May 22, 2018 Page 1 Mayor Randall stated PSE&G’s response time was very good and they had a large presence in the town; the complaints that were received from a number of residents was that PSE&G was not getting the word out regarding the power outages on their website. Mr. Jones stated PSE&G’s new website is much harder to navigate; the storm hit quick and there was damage in many places. Councilman Troast asked if the Reverse 911 system could be used. Mr. Jones stated the Reverse 911 system would be better used before a storm hits; needs to be discussed; the issue of calls to Borough Hall regarding power outages will be included in the next Borough newsletter and a note might be added to the upcoming tax and/or water bills. Mayor Randall stated contact information to report a power outage will also be placed on the Borough’s website. Mr. Jones stated Jeff Pattman, DPW Superintendent, and his staff did a great job during and after the storm; branches which came down during the storm will be picked up; the bad weather impacted the County paving project which carried over into this week; this paving project has nothing to do with the Borough; there was an issue with school bus routes due to the paving; the County basically gave the Borough 3 days’ notice of their paving project; bus company was made aware of it, but there have been issues the last couple of days; Chief Minchin was involved and contacted the bus company; the Brandywine project will commence next Tuesday; from the top of Brandywine to West Road; this will be thoroughly communicated with the bus company; the resolution ratifying the agreement with GMA is on the consent agenda this evening; Ms. Deborah Fehre, Interim Clerk, has been a great help. CORRESPONDENCE Worth Pinkham Library Bd requesting a review of parking Cub Pack 54 requesting to use of East Park or The Town Green & Gazebo (if needed) June 3rd 10:30am- 12:30pm Mr. Jones stated Cub Pack 54 had amended their request to possibly use the Town Green and gazebo on June 3rd; wanted to have flexibility. Mayor Randall stated a letter had been received from the library regarding a parking review; commuters do try to park in the spaces by the library; Chief Minchin stated residents complained about a commuter parking by the library; tickets were issued and one of the cars parked belonged to a library employee. Mayor Randall stated it is a public street and there is equal enforcement; will be reviewed; the Police Department acted on a resident complaint. Motion to permit Cub Pack 54 to use either East Park or the Town Green & Gazebo on June 3, 2018 between the hours of 10:30AM and 12:30PM: Councilman Iannelli Seconded by: Councilman Troast All in Favor None Opposed Mayor & Council Public Meeting Minutes, May 22, 2018 Page 2 Motion to move Ord #2018-07 to the Final Passage section of the agenda: Councilman Iannelli Seconded by: Councilman Shell All in Favor None Opposed FINAL PASSAGE OF ORDINANCES Ord # 2018-07 “Amend Chapter 79 Table of Organization HHK Police Department” Mr. Bole stated the Council will take a motion to amend Ord #2018-07 so the ordinance will read six sergeants instead of five; Mayor Randall stated the Ordinance is on for a final reading to amend; it is a material change to the ordinance, per the Borough Attorney, and it requires re-advertising; a continued public hearing will take place at the June hearing at 7:30PM. Motion to open a discussion of Ord #2018-07 to the public: Councilman Shell Seconded by: Councilman Iannelli All in Favor None Opposed No public in attendance came forward to address the Mayor and Council regarding Ordinance #2018-07, as presently constituted. Motion to close the public hearing for this evening’s meeting in regards to Ord #2018-07 and to amend the table in Ordinance #2018-07 to six sergeants: Councilman Shell Seconded by: Councilman Iannelli All in Favor None Opposed Ord # 2018-06 “Municipal Humane Law Enforcement Officer” An Ordinance to Amend Chapter 10 of the Code “Borough Personnel” to Establish the Position of Municipal Humane Law Enforcement Officer Read into the record by the recording secretary, for second reading, ordinance has been duly advertised and copies available to the public. Motion to conduct final reading: Councilman Iannelli Seconded by: Councilman Shell Roll Call: Ayes: Councilmembers Troast, Shell, Fiato, Iannelli Nays: None Absent: Councilmembers Rorty, Crossley Meeting opened to the public for comment on Ordinance #2018-06. No public in attendance came forward to address the Mayor and Council regarding Ordinance #2018-06 Mayor & Council Public Meeting Minutes, May 22, 2018 Page 3 Motion to close public discussion on Ordinance #2018-06: Councilman Shell Seconded by: Councilman Iannelli All in Favor None Opposed Motion to adopt Ordinance #2018-06: Councilman Iannelli Seconded by: Councilman Fiato Roll Call: Ayes: Councilmembers Troast, Shell, Fiato, Iannelli Nays: None Absent: Councilmembers Rorty, Crossley ORDINANCE NO. 2018-06 AN ORDINANCE TO AMEND CHAPTER 10 OF THE CODE “BOROUGH PERSONNEL” TO ESTABLISH THE POSITION OF MUNICIPAL HUMANE LAW ENFORCEMENT OFFICER BE IT ORDAINED, by the Mayor and Council of the Borough of Ho-Ho-Kus, County of Bergen, State of New Jersey, that Chapter 10 of the Code is amended to add a new Article, XV as follows: ARTICLE XV Municipal Humane Law Enforcement Officer §10-72 Office Established. There is hereby created the Office of Municipal Humane Law Enforcement Officer for the Borough of Ho-Ho-Kus. §10-73 Appointment and Term. The Mayor, upon recommendation of the Chief of Police, shall appoint, with the advice and consent of the Council, a Municipal Humane Law Enforcement Officer for a term of one (1) year commencing January 1 and terminating December 31 in each year or the unexpired portion thereof. §10-74 Powers and Duties. The Municipal Humane Law Enforcement Officer shall exercise the following powers and duties, including but not limited to: (a) Enforcement of all Animal Welfare or Animal Cruelty Laws of the State and Ordinances of the Municipality; (b) Investigate and sign complaints concerning any violation of an Animal Welfare or Animal Cruelty Law of the State or Ordinance of the Municipality; Mayor & Council Public Meeting Minutes, May 22, 2018 Page 4  (c) Act as an Officer for the detection, apprehension and arrest of offenders against the Animal Welfare and Animal Cruelty Laws of the State and Ordinances of the Municipality; (d) Comply with the provisions of Chapter 22 of Title 4 of the New Jersey Revised Statutes; and (e) Such other powers and duties required under ordinance or at law; §10-75 – Firearm Authority. The Municipal Humane Law Enforcement Officer shall be authorized to possess, carry and use a firearm while enforcing the laws and ordinances enacted for the protection of animals, provided that such officer qualifies and maintains all certification and training requirements pursuant to law. §10-76 Compensation. The Municipal Humane Law Enforcement Officer shall receive such compensation as may be fixed and determined by the Governing Body either in the Annual Salary Ordinance and Implementing Resolutions or by contract, as the case may be. §10-77 Repealer All other provisions of this Chapter which are not affected by this amendatory Ordinance are hereby ratified and confirmed and shall remain in full force and effect. However, all ordinances or parts of ordinances, which are inconsistent with the provisions of this amendatory Ordinance are hereby repealed to the extent of such inconsistency, including Article X Animal Cruelty Investigator, Sections 10-50 to 10-53. §10-78 Severability If any portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of this Ordinance, but shall be confined in its effect to the provision directly involved in the controversy in which such judgment shall have been rendered. §10-79 Effective Date This ordinance shall take effect after final passage and publication as required by law. CONSENT RESOLUTION BE IT RESOLVED, that the following resolution herewith listed having been considered by the Governing Body of the Borough of Ho-Ho-Kus is hereby passed and approved: 18-65 Approving the Separation Agreement 18-66 Entering into an Agreement with GMA to provide an Interim Borough Clerk 18-67 Payment of Vouchers Mayor & Council Public Meeting Minutes, May 22, 2018 Page 5 Motion to approve Consent Resolution: Councilman Troast Seconded by: Councilmember Shell Ayes: Councilmembers Troast, Shell, Iannelli, Fiato Nays: None Absent: Councilmembers Rorty, Crossley TITLE: Resolution Ratifying Agreement RESOLUTION: 18-65 WHEREAS, Borough Clerk, Laura Borchers, by letter dated March 27,2018 previously advised the Borough of her intent to resign from her employment with the Borough in order to accept other employment; and WHEREAS, The Borough, by Resolution accepted such resignation; and WHEREAS, the Mayor and Council authorized the Mayor to enter into a Separation and Benefits Agreement in conjunction with such resignation; and WHEREAS, the Mayor has entered into such Separation and Benefits Agreement on behalf of the Borough; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Ho- Ho-Kus that the actions of the Mayor on behalf of the Borough in entering into the Separation and Benefits Agreement be and are hereby ratified and approved; and BE IT FURTHER RESOLVED that the Mayor, the Borough Administrator, and the Labor Attorney are authorized to take all appropriate actions so as to implement this Resolution. TITLE: Ratify Agreement with Government Management Associates (GMA) RESOLUTION: 18-66 BE IT RESOLVED, that the Mayor and Council of the Borough of Ho-Ho-Kus wish to enter into an agreement with Government Management Associates, hereinafter referred to as GMA, to provide an Interim Municipal Clerk; and BE IT FURTHER RESOLVED, that GMA will provide Deborah L. Fehre, RMC, to Ho-Ho- Kus to act as Interim Municipal Clerk; and BE IT FURTHER RESOLVED, that the Mayor and Council hereby authorizes the Borough Administrator to be a signatory to aforesaid agreement; and BE IT FURTHER RESOLVED by the Mayor and Council of the Borough of Ho-Ho-Kus enter into an agreement with GMA, not to exceed 25,000. Mayor & Council Public Meeting Minutes, May 22, 2018 Page 6 RESOLUTION 18-67 Subject: Payment of Vouchers WHEREAS, claims have been submitted to the Borough of Ho-Ho-Kus in the amount of $3,076,041.23 WHEREAS, such claims have been listed according to Department and account number with corresponding vouchers to be reviewed and approved by the Mayor and Council; and, WHEREAS, the CFO has determined that the funds have been properly appropriated for such purposes and are available, in the Borough of Ho-Ho-Kus and that the claims specified on the schedule attached hereto, following examination and approval by the Mayor and Council, be paid and checks issued accordingly; and, NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Ho-Ho-Kus that the claims totaling $2,469,981.08 be approved and ratified respectively. OLD BUSINESS A. Liaison Reports: 1. Recreation: Councilman Iannelli: tentative meeting set for May 24th; wrapping up spring baseball; may get an extension due to the rain and cancellation of games; teams will participate in some Memorial Day tournaments; football registration has begun; numbers are down; changed from in-person registration to on-line only; junior team has only12 kids signed up; will continue to reach out to players from last year’s teams. 2. Board of Education: Councilman Iannelli: the BOE is reintroducing a separate spending proposal which is tying into their strategic plan; meeting was very lightly attended; hoping to get more of a presence from the Council and also leaders of the town; looking for a bigger audience to speak to; asked for the Council to attend their next meeting which will occur after the school year ends. 3. Other a. Ambulance Corps.: Gordon Hamm: record number of calls this year; almost 20% of calls are for Waldwick; calls are on nights and weekends as well; mutual aid programs have worked out in the past; more volunteers are needed; recent calls were for accidents; nothing major to report. Please note: Councilman Crossley has arrived at this point of the meeting: 7:54PM Mr. Hamm continued: fire classes were taken by some of the FD members; on May 29th a class will be held by the Bergen County OEM on bleeding control training for teachers. b. Library: Councilman Fiato: no report. B. Shade Tree: Mr. Jones: vast majority of issues have been with private trees that need to be dealt with by residents; the DPW, Police and the Property Maintenance Officer, Dan McEldowney, inspect what has been reported; all have been dealt with. C. Chamber of Commerce: Councilman Shell: the FD will have a wet down for the new ladder truck on June 9th; this is a town wide event; the Taste of Ho-Ho-Kus will be held on June 6th; tickets are available on the Chamber of Commerce website. Mayor & Council Public Meeting Minutes, May 22, 2018 Page 7 MAYOR'S REMARKS Mayor Randall, who is the head of the NW Bergen Mayor’s Association, sent a letter to state and federal representatives asking for direction from the IRS and from the Treasury on the new law that states there are charitable deductions for our taxes; this has not been thought through by the legislature; not sure if permissible; it is a federal decision; sent letter also to Congressman Gottheimer; we need to know sooner rather than later what direction this is going in; need a ruling on this issue. Annual Memorial Day parade at 10:30PM will start on Sheridan Avenue, weather permitting; sent the word out to all volunteers to participate; local school band has committed to the event. Moment of silence taken to recognize the loss of life of children in Texas and also the loss of life of a Paramus student and teacher due to a bus accident; the flag has been flying at half-mast. OPEN SESSION Police Chief Minchin stated Mr. Jones spoke about the storm in detail and he had nothing to add. Jeff Pattman, DPW Superintendent, stated the storm lasted 20 minutes and the clean-up took 4 days; the DPW is back on schedule. No Council Members had any items for Open Session. CLOSED SESSION: Current Tax Appeal Litigations and potential litigation regarding residential water bill pursuant to NJSA 10:4-12 (b) 7 Motion to go into Closed Session: Councilman Shell Seconded by: Councilman Troast Ayes: Councilmembers Troast, Shell, Fiato, Iannelli, Crossley Nays: None WHEREAS , NJSA 10:4-13, Open Public Meetings Act, permits the exclusion of the public from a meeting in certain circumstances; and WHEREAS, this public body is of the opinion that such circumstances exist: NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of Ho- Ho-Kus, Bergen County, State of New Jersey, as follows: Current Tax Appeal Litigations and potential litigation regarding residential water bill pursuant to NJSA 10:4-12 (b) 7Matters relating to litigation, negotiations and the attorney-client privilege Meeting went into Closed Session at 8:02PM. Meeting reconvened at 8:20PM. Roll Call: Mayor Randall, Councilman Troast, Councilman Shell, Councilman Iannelli, Councilman Fiato, Councilman Crossley Mayor & Council Public Meeting Minutes, May 22, 2018 Page 8 Also in Attendance: David Bole., Borough Attorney; William Jones, Borough Administrator; Deborah Fehre, Interim Borough Clerk; JoAnn Carroll, Recording Secretary Motion to adjourn: Councilman Iannelli Seconded by: Councilman Shell All in Favor None opposed Meeting adjourned at 8:20PM. Respectfully submitted by: JoAnn Carroll Recording Secretary May 24, 2018 Mayor & Council Public Meeting Minutes, May 22, 2018 Page 9