Mayor and Council

Borough of Ho-Ho-Kus County of Bergen Mayor and Council Public Meeting Minutes October 22, 2019 7:30 p.m. The Public Meeting of the Municipal Council of the Borough of Ho-Ho-Kus was held in the Municipal Building at 333 Warren Avenue, Ho-Ho-Kus, NJ on October 22, 2019. The meeting was called to order at 7:35 p.m. by Mayor Randall who asked the Municipal Clerk to read the open a public meeting statement: The Public Meeting of the Mayor and Council of the Borough of Ho-Ho-Kus is now in session in accordance with the provisions of Section 5 of the “Open Public Meetings Act”. Notice of this meeting has been posted in the front lobby entrance to the Borough Hall and Council Chambers, a copy has been filed with the Borough Clerk, and copies of the Annual Notice of Meetings, of which this is a part, have been heretofore sent to the Record and the Ridgewood News. ROLL CALL: Mayor……………….. Thomas W. Randall Council President……. Douglas Troast - arrived @7:45 Councilman…………. Philip Rorty Councilman…………. Steven Shell - absent Councilman…………. Edward Iannelli Councilman…………. Kevin Crossley Councilman…………. Dane Policastro Also in attendance: David Bole Board Attorney; William Jones, Borough Administrator; Joan Herve, Borough Clerk. FLAG SALUTE: Mayor Randall led those present in the salute to the American Flag. APPROVAL OF MINUTES A motion was offered by Councilman Iannelli, seconded by Councilman Policastro to approve the minutes of: September 17, 2019 – Closed and Work Session Meeting of the Mayor and Council Motion carried on a roll call vote – all present voting “Ayes. A motion was offered by Councilman Rorty, seconded by Councilman Crossley to approve the minutes of: September 24, 2019 – Closed and Public Meeting of the Mayor and Council Motion carried on a roll call vote – all present voting “Ayes, with the exception of Iannelli who abstained. PUBLIC DISCUSSION Mayor opened the meeting to the public. He stated if anyone desired to be heard, please raise your and to be recognized, come forward to the microphone and state your name and address for the record. Seeing none, the Mayor closed the meeting to the public. ADMINISTRATOR’S REPORT Administrator reported on the following; Old Business Library – no updates 1-9 East Franklin Turnpike Issues – The Borough received a notice from Tuvel civil Engineering notifying us that the home owner submitted a Flood Hazard Area Individual Permit Application for the Parapet Wall Reconstruction. Home owner continues to have issues what the building department, which they are discussing on how to precede. DOT Train Station – The NJDOT Engineer firm that has been hired to facilitate the restructuring of the one-way coming into the borough are planning to submit plans to the State by the end of the year. They are anticipating a spring 1  Borough of Ho-Ho-Kus County of Bergen Mayor and Council Public Meeting Minutes October 22, 2019 7:30 p.m. closure and revamping of the entire area. New Business Introduction of Ordinance 2019-18 – This ordinance will allow us to be pro-active for the 5g revolution to have control what goes into the borough’s Right-Of-Way (ROW). CORRESPONDENCE a) NJDEP letter regarding the 2019 Regular Visual Inspection Report for Brewster Dam. b) Certification of Mailing of Added & Omitted Tax Bills c) Affidavit of Bill Mailing. d) BC Board of Chosen Freeholders – Free Community Flu Clinic, Tuesday October 29th, 2019 from 5:00pm – 8:00pm in Fairview Borough Hall. ADOPTION OF ORDINANCES and PUBLIC HEARING ORDINANCE 2019-27 AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 79 OF THE CODE OF HO-HO-KUS ENTITLED VEHICLES AND TRAFFIC BE IT ORDAINED by the Mayor and Council of the Borough of Ho-Ho-Kus, County of Bergen, State of New Jersey, that Chapter 79 of the Code is hereby amended and supplemented as follows: Article V Emergency No Parking 79-37 – Emergency No Parking. Upon the declaration of an emergency, there shall be no parking upon streets or sections of streets where temporary emergency no- parking signs are displayed. The Chief of Police or, in his absence, the ranking police officer is authorized to declare an emergency and to direct the posting of said emergency no-parking signs when weather conditions, accidents, fires, roadwork, paving, leaf removal or public celebrations dictate or require the avoidance of hazards or other conditions which interfere with the free flow of traffic. Notification that the emergency no-parking signs are being or will be posted shall be given to the operator or owner of any vehicle which has been parked prior to the posting of the signs. 79-38 - Violations and Penalties. Unless another fine is expressly provided for by the New Jersey statutes, every person convicted of a violation of a provision of this Article or any supplement thereto shall be liable for a fine of not more than $60.00 or imprisonment for a term not exceeding 15 days, or both. 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. Repealer. All other provisions of this chapter which are not affected by this 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 ordinance are hereby repealed to the extent of such inconsistency. Effective Date. This ordinance shall take effect upon passage and publication as required by law. PUBLIC HEARING Mayor opened the meeting to the public. He stated this is the time and place for the public hearing on Ordinance #2019-27 and all persons who wishes to be heard, please state your name and address before making your statement. Seeing none, the Mayor closed the meeting to the public. A motion was offered by Councilman Policastro and seconded by Councilman Iannelli to adopt Ordinance #2019-27. Motion carried on a roll call vote – All present voting “Aye”. 2  Borough of Ho-Ho-Kus County of Bergen Mayor and Council Public Meeting Minutes October 22, 2019 7:30 p.m. INTRODUCTION OF ORDINANCES ORDINANCE 2019-28 AN ORDINANCE TO AMEND CHAPTER 85 OF THE CODE “ZONING ORDINANCE OF THE BOROUGH OF HO-HO-KUS” AND PROVIDING FOR THE REGULATION OF SMALL CELL WIRELESS FACILITIES WITHIN THE MUNICIPAL RIGHT OF WAY. WHEREAS, the Borough of Ho-Ho-Kus (“Borough”) is aware that certain technological developments have made access to its Municipal Rights-of-Way desirable by certain telecommunications companies for the placement of small cell wireless facilities (“Small Cells”); and, WHEREAS, the Borough has determined that its public Rights-of-Way, such as they are or may be, themselves constitute a valuable resource, finite in nature, and which exists as a common right of the public to pass and repass freely over and across said lands without unreasonable obstruction or interference, and which therefore must be managed carefully; and WHEREAS, the Federal Telecommunications Act preserves local government’s ability to manage the public Rights-of-Way on a competitively neutral and non-discriminatory basis 47 U.S.C. 332 (c) (7) (A); and, WHEREAS, New Jersey municipalities must give consent before a Small Cell, i.e. a small antenna, can be placed on existing poles pursuant to N.J.S.A. 48:3-19 and for the erection of new poles within the public Rights-of-Way pursuant to N.J.S.A. 48:17- 10; and, WHEREAS, the Federal Communications Commission (FCC) has recently adopted an order entitled “Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment; Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment” WT Docket No. 17-79; WC Docket 17-84, which places a shot clock on municipal approval for the placement of Small Cells on Existing Poles and the placement of New Poles in the Municipal Right-of- Way; and, WHEREAS, the erection of New Poles and Ground Level Cabinets in the Municipal Right-of-Way raise significant aesthetic and safety concerns; and, WHEREAS, the FCC in its recent order provides that municipalities can impose aesthetic requirements on small cells where said requirement are: 1) reasonable; 2) no more burdensome than those applied to other types of infrastructure deployment; and 3) published in advance; and, WHEREAS, the Borough has determined that it is necessary to set forth clear standards in relation to the siting of Poles, Cabinets and Antennas for the benefit of its citizens and any utilities which use or will seek to make use of said Municipal Rights-of-Way. NOW THEREFORE, BE IT ORDAINED by the Borough of Ho-Ho-Kus that: Section 1. Chapter 85 of the Code of the Borough of Ho-Ho-Kus is hereby amended by the addition of a new Section 85- 39.3 to read as follows: Wireless Facilities in the Right-of-Way. Notwithstanding anything else in Chapter 85 Zoning of the Code of the Borough of Ho-Ho-Kus, the installation of antennas, small cells and other communication devices and associated equipment in the public municipal roadway either on existing or new poles are permitted if a Right-of-Way Use Agreement and Right-of-Way Permits are obtained under Code Section 85-39.3 Encroachments in the Public Right-of-Way. Section 2. Article VII of the Code of the Borough of Ho-Ho-Kus is hereby amended by the addition of a new section 85-39.3 to read as follows: 85-39.3 Communication Facilities Right-of-Way Permits A. Definitions Administrative Review means ministerial review of an Application by the Borough Council and Borough Engineer to determine whether the issuance of a Permit is in conformity with the applicable provisions of this Section. Antenna means communications equipment that transmits and/or receives electromagnetic radio frequency signals used in the provision of Wireless Services. This definition does not apply to broadcast antennas, antennas designed for amateur radio use, or satellite dishes for residential or household purposes. Applicable Codes means uniform building, fire, safety, electrical, plumbing, or mechanical codes adopted by a recognized national code organization to the extent such codes have been adopted by the Authority, including any amendments adopted by the Authority, or otherwise are applicable in the jurisdiction. Applicant means any Person who submits an Application under this Section. Application means a written request, on a form provided by the Borough of Ho-Ho-Kus. Authority means the Borough Council of the Borough of Ho-Ho-Kus. 3  Borough of Ho-Ho-Kus County of Bergen Mayor and Council Public Meeting Minutes October 22, 2019 7:30 p.m. Collocate means to install or mount a Small Wireless Facility in the Public ROW on an existing Support Structure, an existing Tower, or on an existing Pole to which a Small Wireless Facility is attached at the time of the Application. “Collocation” has a corresponding meaning. Communications Facility means, collectively, the equipment at a fixed location or locations within the Public ROW that enables Communications Services, including: (i) radio transceivers, Antennas, coaxial, fiber-optic or other cabling, power supply (including backup battery), and comparable equipment, regardless of technological configuration; and (ii) all other equipment associated with any of the foregoing. A Communications Facility does not include the Pole, Tower or Support Structure to which the equipment is attached. Communications Service means cable service, as defined in 47 U.S.C. § 522(6); information service, as defined in 47 U.S.C. § 153(24); or telecommunications service, as defined in 47 U.S.C. § 153(53). Communications Service Provider means a provider of Communications Services and includes a cable operator, as defined in 47 U.S.C. § 522(5). Decorative Pole means a Pole that is specially designed and placed for aesthetic purposes. Eligible Facilities Request means an eligible facilities request as set forth in 47 C.F.R. Section 1.40001(b)(3), as that section may be amended from time to time. FCC means the Federal Communications Commission of the United States. Laws means, collectively, any and all Federal, State, or local law, statute, common law, code, rule, regulation, order, or ordinance. Ordinary Maintenance and Repair means inspections, testing and/or repair that maintain functional capacity, aesthetic and structural integrity of a Communications Facility and/or the associated Support Structure, Pole or Tower, that does not require blocking, damaging or disturbing any portion of the Public R.O.W. Permit means a written authorization to install, at a specified location(s) in the Public R.O.W., a Communications Facility, Tower or a Pole to support a Communications Facility. Permittee means an Applicant that has received a Permit under this Section. Person means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including a governmental entity. Pole means a legally constructed pole, such as a utility, lighting, or similar pole made of wood, concrete, metal or other material, located or to be located within the Public Right of Way. A Pole does not include a Tower or Support 3 Structure and does not include a pole or structure that supports electric transmission lines. Provider means a Communications Service Provider or a Wireless Services Provider, and includes any Person that owns and/or operates within the Public R.O.W. any Communications Facilities, Wireless Facilities, Poles built for the sole or primary purpose of supporting Communications Facilities, or Towers. Public Right of Way or Public R.O.W. means the area on, below, or above property that has been designated for use as or is used for a public roadway, highway, street, sidewalk, or similar purpose. The term does not include a federal interstate highway, state highway, county right of way or other areas that are not within the legal jurisdiction, ownership or control of the Authority. Replace or Replacement means, in connection with an existing Pole, Support Structure or Tower, to replace (or the replacement of) same with a new structure, substantially similar in design, size and scale to the existing structure and in conformance with this Section and any other applicable regulations in order to address limitations of the existing structure to structurally support Collocation of a Communications Facility. Small Wireless Facility means a Wireless Facility that meets both of the following qualifications: (i) each Antenna could fit within an enclosure of no more than three (3) cubic feet in volume; and (ii) all other wireless equipment associated with the Antenna, including the preexisting equipment, is cumulatively no more than twenty-eight (28) cubic feet in volume. State means the State of New Jersey. Support Structure means a structure in the Public R.O.W. other than a Pole or a Tower to which a Wireless Facility is attached at the time of the Application. Tower means any structure in the Public R.O.W. built for the sole or primary purpose of supporting a Wireless Facility. A Tower does not include a Pole or a Support Structure. Wireless Facility means the equipment at a fixed location or locations in the Public R.O.W. that enables Wireless Services. The term does not include: (i) the Support Structure, Tower or Pole on, under, or within which the equipment is located or Collocated; or (ii) coaxial, fiber-optic or other cabling that is between Communications Facilities or Poles or that is otherwise not immediately adjacent to or directly associated with a particular Antenna. A Small Wireless Facility 4  Borough of Ho-Ho-Kus County of Bergen Mayor and Council Public Meeting Minutes October 22, 2019 7:30 p.m. is one type of a Wireless Facility. Wireless Services means any wireless services using licensed or unlicensed spectrum, whether at a fixed location or mobile, provided to the public. Wireless Services Provider means a Person who provides Wireless Services. B. Access to Public Right of Way Prior to installing in the Public R.O.W. any Communications Facility, or any Pole built for the sole or primary purpose of supporting a Communications Facility, or any Tower, a Person shall enter into a Right of Way Use Agreement with the Borough of Ho-Ho-Kus expressly authorizing use of the Public Right of Way for the Communications Facility, Pole or Tower proposed to be installed. 1. The term of the R.O.W. Use Agreement shall not exceed 15 years. 2. The R.O.W. Use Agreement authorizes the Provider’s non-exclusive use of the Public R.O.W. for the sole purpose of installing, maintaining and operating Communications facilities, including any Pole built for the sole or primary purpose of supporting the Communications Facilities and to provide the services expressly authorized in the agreement subject to applicable Laws, this Section and the terms and conditions of the agreement. The agreement authorizes use only of the public R.O.W. in which the Borough has an actual interest. It is not a warranty of title or interest in any Public R.O.W. and it does not confer on the Provider any interest in any particular location within the Public R.O.W. No other right or authority is granted except as expressly set forth in the agreement. Nothing herein shall authorize the use of the Borough’s Poles, Towers, Support Structures, or other structures in the Public R.O.W. All use of the Borough’s Poles, Towers, Support Structures, and other structures in the Public R.O.W. shall require a separate agreement, and the payment of separate fees for such use. 3. The Provider shall, at its sole cost and expense, keep and maintain its Communications Facilities, Poles, Support Structures and Towers in the Public R.O.W. in a safe condition, and in good order and repair. 4. The Provider shall provide insurance and indemnification of the Borough as described in the R.O.W. Use Agreement. The coverage must be at least as broad as: a. Worker’s Compensation and Employer’s Liability Insurance. Provider shall provide proof of Worker’s Compensation Insurance and be in compliance with the Worker’s Compensation Law of the State of New Jersey. Employer’s Liability: Limit of liability shall be a minimum of $500,000, in accordance with New Jersey Statute. b. Comprehensive General Liability. Comprehensive general liability (“CGL”) insurance with limits no less than $2,000,000 per occurrence. c. Automobile Liability. Automobile liability insurance covering claims for bodily injury and property damage arising from all owned, hired and non-owned vehicles with limits of not less than $1,000,000 combined single limit. C. R.O.W. Permit 1. No person may construct, maintain or perform any other work in the Public R.O.W. related to Communications Facilities, Poles built for the sole or primary purpose of supporting Communications Facilities, or Towers without first receiving a Permit to the extent required under this Section, and any other permit or authorization required by applicable Laws. 2. The Authority shall not issue a Permit unless the Applicant, or a Provider on whose behalf the Applicant is constructing Communications Facilities, Poles or Towers, has applied for and received the R.O.W. Use Agreement required by this Section, or otherwise has a current and valid franchise with the Borough expressly authorizing use of the Public R.O.W. for the Communications Facilities, Poles or Towers proposed in the Application, and all applicable fees have been paid. 3. The Provider shall not locate or maintain its Communications Facilities, Poles and Towers so as to unreasonably interfere with the use of the Public R.O.W. by the Borough, by the general public or by other persons authorized to use or be present in or upon the Public R.O.W. D. Location and Siting 1. Height. No Pole shall be taller than thirty-five (35) feet in height including the antennas or 110% of the height of Poles in the Surrounding Streetscape, within 500 feet of the Pole, whichever is less. 2. Distance from curb line. No Pole shall be farther than eight (8) feet from the curb line. However, if there is a 5  Borough of Ho-Ho-Kus County of Bergen Mayor and Council Public Meeting Minutes October 22, 2019 7:30 p.m. situation involving a greater right-of-way area and it is appropriate to set the pole back further, the reviewing authority may grant an exception within its reasonable discretion. 3. Location, Safety and Aesthetics. No pole shall be erected in the Right-of-Way unless it: a. Is replacing an Existing Pole; or b. Is approved by the Borough Council; or c. Is located within the Municipal Right-of-Way; and d. Is at least two hundred (200) linear feet from any other Existing Pole or Proposed Pole along the same side of the street containing a communications facility; and e. Is not located in an area with Underground Utilities; and f. Does not inhibit any existing sight triangles; and g. Allows adequate room for the public to pass and re-pass across the Right-of-Way; and h. Is finished and/or painted so as to blend in compatibly with its background and so as to minimize its visual impact on surrounding properties. 4. The Authority may require new poles to be decorative poles if appropriate. 5. Pole Mounted Antennas are permitted on New and Existing Poles, provided that each Pole Mounted Antenna: a. Does not exceed three (3) cubic feet in volume; and b. Is finished and/or painted and otherwise camouflaged, in conformance with best available stealth technology methods, so as to blend in compatibly with its background and so as to minimize its visual impact on surrounding properties; and c. Does not inhibit sight triangles; and d. Allows adequate room for the public to pass and repass across the municipal right-of-way. 6. Pole Mounted Cabinets are permitted on New and Existing Poles, provided that each Pole Mounted Cabinet: a. Does not exceed sixteen (16) cubic feet and is no wider or project more than two (2) feet. There must be a minimum clearance of eight (8) feet under a pole-mounted cabinet. Any pole-mounted cabinet not in conformance with the foregoing must be ground mounted and appropriately screened with landscaping along the rear of the cabinet facing residential properties; and b. Is finished and/or painted and otherwise camouflaged, in conformance with best available stealth technology methods, so as to blend in compatibly with its background and so as to minimize its visual impact on surrounding properties; and c. Does not inhibit sight triangles; and d. Allows adequate room for the public to pass and repass across the municipal right-of-way. 7. The Authority may also require that an applicant provide a certification from an engineer licensed in the State of New Jersey attesting to the structural integrity of any Pole Mounted Antenna or Pole Mounted Cabinet. 8. Ground mounted equipment may be used only to house equipment and other supplies in support of the wireless facility. 9. Underground Utilities. Unless otherwise agreed to in writing by the Authority or otherwise required by applicable Laws, whenever any existing electric utilities or Communications Facilities are located underground within a Public R.O.W., the Provider with permission to occupy the same portion of the Public R.O.W. shall locate its Communications Facilities underground at its own expense. The Authority may, in its sole discretion, approve above-ground placement of equipment cabinets, pedestals and similar equipment. For facilities or equipment such as Wireless Facilities that cannot, by their nature, operate unless located above ground, the Provider and Authority shall work to find a suitable location for such facilities or equipment, which may be outside the Public R.O.W. 10. All wireless equipment associated with the Pole or Tower, including the wireless equipment associated with the antenna and any preexisting associated equipment shall not be more than twenty-eight (28) cubic feet in volume. 11. The Provider shall upon completion of construction provide the Borough with as-built drawings and a map showing the location of the facility and equipment. E. Restoration Requirements 1. The Provider, or its agent or contractor, shall restore, repair and/or replace any portion of the Public R.O.W. 6  Borough of Ho-Ho-Kus County of Bergen Mayor and Council Public Meeting Minutes October 22, 2019 7:30 p.m. that is damaged or disturbed by the Provider’s Communications Facilities, Poles, Towers or work in or adjacent to the Public R.O.W. The area damaged or disturbed shall be properly landscaped to stabilize the soil and shall include screen scrub planting where deemed appropriate by the approving authority. 2. If the Provider fails to timely restore, repair or replace the Public R.O.W. as required in this subsection, the Authority or its contractor may do so and the Provider shall pay the Authority’s costs and expenses in completing the restoration, repair or replacement. F. Removal, Relocation and Abandonment 1. Within 30 days following written notice from the Authority, the Provider shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any of its Communications Facilities, Poles, Support Structures or Towers within the Public R.O.W., including relocation of above-ground Communications Facilities underground (consistent with the provisions of this Section), whenever the Borough has determined, in its sole discretion, that such removal, relocation, change or alteration is necessary for the construction, repair, maintenance, or installation of any Borough improvement, the operations of the Borough in, under or upon the Public R.O.W., or otherwise is in the public interest. The Provider shall be responsible to the Borough for any damages or penalties it may incur as a result of the Provider’s failure to remove or relocate Communications Facilities, Poles, Support Structures or Towers as required in this subsection. 2. The Borough retains the right and privilege to cut or move any Communications Facility, Pole, Support Structure or Tower located within the Public R.O.W. of the Borough, as the Borough may determine, in its sole discretion, to be necessary, appropriate or useful in response to any public emergency. If circumstances permit, the Borough shall notify the Provider and give the Provider an opportunity to move its own facilities prior to cutting or removing the Communications Facility, Pole, Support Structure or Tower. In all cases the Borough shall notify the Provider after cutting or removing the Communications Facility, Pole, Support Structure or Tower as promptly as reasonably possible. 3. A Provider shall notify the Borough of abandonment of any Communications Facility, Pole, Support Structure or Tower at the time the decision to abandon is made, however, in no case shall such notification be made later than 30 days prior to abandonment. Following receipt of such notice, the Provider shall remove its Communications Facility, Pole, Support Structure or Tower at the Provider’s own expense, unless the Borough determines, in its sole discretion, that the Communications Facility, Pole, Support Structure or Tower may be abandoned in place. The Provider shall remain solely responsible and liable for all of its Communications Facilities, Poles, Support Structures and Towers until they are removed from the Public R.O.W. unless the Borough agrees in writing to take ownership of the abandoned Communications Facilities, Poles, Support Structures or Towers. 4. If the Provider fails to timely protect, support, temporarily or permanently disconnect, remove, relocate, change or alter any of its Communications Facilities, Poles, Support Structures or Towers or remove any of its abandoned Communications Facilities, Poles, Support Structures or Towers as required in this subsection, the Borough or its contractor may do so and the Provider shall pay all costs and expenses related to such work, including any delay damages or other damages the Borough incurs arising from the delay. G. Fees and Charges 1. Agreement/License Application Fee. Every Person requesting a Right of Way Agreement, Franchise Agreement or License Agreement from the Borough shall pay an application fee of $250.00, which shall be paid upon submission of the Right of Way Agreement, Franchise Agreement or License Agreement application. 2. Permit Application Fee. a. The Applicant shall pay a Permit application fee of $500.00 for an Application for up to five small wireless facilities submitted simultaneously by a Provider. The fee of $100.00 is established for each additional small wireless facility. b. The Applicant shall pay a non-recurring fee for a new pole (not a collocation) intended to support one or more small wireless facilities of $1,000.00. 3. A $270.00 per small wireless facility fee per year shall be paid to the Borough. 4. Deposit Towards Anticipated Municipal Expenses. TO BE DETERMINED BY THE REVIEWING AUTHORITY 5. Other Fees. The Applicant or Provider shall be subject to any other generally applicable fees of the Borough 7  Borough of Ho-Ho-Kus County of Bergen Mayor and Council Public Meeting Minutes October 22, 2019 7:30 p.m. or other government body, such as those required for electrical permits, building permits, or street opening permits, which the Applicant or Provider shall pay as required in the applicable Laws, as well as attachment fees for the use of Borough owned Poles, Towers, Support Structures, ducts, conduits or other structures in the Public R.O.W., as set forth in attachment agreements authorizing such use. 6. No Refund. Except as otherwise provided in a Right of Way Agreement; Franchise Agreement; License, the Provider may remove its Communications Facilities, Poles or Towers from the Public R.O.W. at any time, upon not less than 30 days prior written notice to the Borough, and may cease paying to the Borough any applicable recurring fees for such use, as of the date of actual removal of the facilities and complete restoration of the Public R.O.W. In no event shall a Provider be entitled to a refund of fees paid prior to removal of its Communications Facilities, Poles or Towers. H. Permit Applications 1. Permit Required. Unless expressly authorized in this Section or in writing by the Borough Council, no Person may construct, install or maintain in the Public R.O.W. any Communications Facilities, Poles built for the sole or primary purpose of supporting Communications Facilities, or Towers, including the installation or Collocation of Communications Facilities on existing Poles, Towers, Support Structures or other structures within the Public R.O.W., without first receiving a Permit. Notwithstanding the foregoing, in the event of an Emergency, a Provider or its duly authorized representative may work in the Public R.O.W. prior to obtaining a Permit, provided that the Provider shall attempt to contact the Borough prior to commencing the work and shall apply for a Permit as soon as reasonably possible, but not later than 24 hours, after commencing the Emergency work. For purposes of this subsection, an “Emergency” means a circumstance in which immediate repair to damaged or malfunctioning facilities is necessary to restore lost service or prevent immediate harm to persons or property. 2. Permit Application Requirements. The Application shall be made by the Provider or its duly authorized representative and shall contain the following: a. The Applicant’s name, address, telephone number, and e-mail address, including emergency contact information for the Applicant. b. The names, addresses, telephone numbers, and e-mail addresses of all consultants, if any, acting on behalf of the Applicant with respect to the filing of the Application. c. A description of the proposed work and the purposes and intent of the proposed facility sufficient to demonstrate compliance with the provisions of this Ordinance. d. If applicable, a copy of the authorization for use of the property from the Pole, Tower or Support Structure owner on or in which the Communications Facility will be placed or attached. e. Detailed construction drawings regarding the proposed facility. f. To the extent the proposed facility involves Collocation on a Pole, Tower or Support Structure, a structural report performed by a duly licensed engineer evidencing that the Pole, Tower or Support Structure will structurally support the Collocation (or that the Pole, Tower or Support Structure will be modified to meet structural requirements) in accordance with Applicable Codes. g. For any new aboveground facilities, accurate visual depictions or representations, if not included in the construction drawings. 3. Proprietary or Confidential Information in Application. Applications are public records that may be made publicly available pursuant to the New Jersey Open Public Records Act. Notwithstanding the foregoing, Applicant may designate portions of its Application materials that it reasonably believes contain proprietary or confidential information as “proprietary” or “confidential” by clearly marking each portion of such materials accordingly, and the Borough shall treat the information as proprietary and confidential, subject to the New Jersey Open Public Records Act and the Borough’s determination that the Applicant’s request for confidential or proprietary treatment of Application materials is reasonable. The Borough shall not be required to incur any costs to protect the Application materials from disclosure, other than the Borough’s routine procedures for complying with the New Jersey Open Public Records Act. 4. Ordinary Maintenance and Repair. A Permit shall not be required for Ordinary Maintenance and Repair. The Provider or other Person performing the Ordinary Maintenance and Repair shall obtain any other permits required by applicable Laws and shall notify the Borough in writing at least 48 hours before performing the Ordinary Maintenance and Repair. 5. Material Changes. Unless otherwise agreed to in writing by the Authority, any material changes to an Application, as determined by the Authority in its sole discretion, shall be considered a new application for purposes of the time limits set forth in Section 85-39.3 I. Application Review unless otherwise provided by 8  Borough of Ho-Ho-Kus County of Bergen Mayor and Council Public Meeting Minutes October 22, 2019 7:30 p.m. applicable Laws. 6. Application Fees. Unless otherwise provided by applicable Laws, all Applications pursuant to this Section shall be accompanied by the Fees required under Section 85-39.3 G. Fees and Charges. 7. Effect of Permit. A Permit from the Borough Council authorizes an Applicant to undertake only the activities in the Public R.O.W. specified in the Application and Permit, and in accordance with this Section and any general conditions included in the Permit. A Permit does not authorize attachment to or use of existing Poles, Towers, Support Structures or other structures in the Public R.O.W.; a Permittee or Provider must obtain all necessary approvals from the owner of any Pole, Tower, Support Structure or other structure prior to any attachment or use. A Permit does not create a property right or grant authority to the Applicant to interfere with other existing uses of the Public R.O.W. 8. Duration. Any Permit for construction issued under this Ordinance shall be valid for a period of 180 days after issuance, provided that the period may be extended for up to an additional 90 days upon written request of the Applicant (made prior to the end of the initial 180 day period) if the failure to complete construction is as a result of circumstances beyond the reasonable control of the Applicant. 9. Batch Permit. An Applicant may simultaneously submit not more than five (5) Applications for Communications Facilities, or may file a single, consolidated Application covering such Communications Facilities, provided that the proposed Communications Facilities are to be deployed on the same type of structure using similar equipment and within an adjacent, related geographic area of the Borough. If the Applicant files a consolidated application, the Applicant shall pay the application fee calculated as though each Communication Facility were a separate Application. I. Application Review 1. Pre-Application Meeting. Prior to making a formal application with the Borough for use of the Municipal Right-of-Way, all applicants are advised to meet voluntarily with the Borough Engineer to review the scope of the Applicant’s proposal. 2. All applications made under this section shall be expedited so as to comply with the shot clocks set forth in the Federal Communications Commission Order titled “Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment; Accelerating Wireline Broadband Deployment by the Removal of Barriers to Infrastructure Investment.” WT Docket No. 17-79; WC Docket No. 170-84. 3. The Borough Engineer shall review all applications for the placement of new Poles and Ground Level Cabinets within the municipal R.O.W. and the placement of Pole Mounted Antennas and Pole Mounted Cabinets within the Municipal R.O.W. and advise the Borough Council whether the application is complete and whether it meets the requirements of this Ordinance. 4. Except as otherwise provided by applicable Laws, the Authority shall: within thirty (30) days of receiving an Application, notify the Applicant if the Application is incomplete, and identify the missing information. The Applicant may resubmit the completed Application within ten (10) days without additional charge, in which case the Authority shall have thirty (30) days from receipt of the resubmitted Application to verify the application is complete, notify the Applicant that the Application remains incomplete or, in the Borough’s sole discretion, deny the Application; and 5. The Authority shall review the Application and, if the Application conforms with applicable provisions of this Ordinance, the Borough Council shall issue the Permit, subject to the standard permit requirements published by the Borough. 6. The Authority shall make its final decision to approve or deny the Application within sixty (60) days for a collocation of a small wireless facility to an existing structure, and ninety (90) days to deploy a small wireless facility on a new structure, after the Application is complete (or deemed complete in the event the Borough does not notify the Applicant that the Application or resubmitted Application is incomplete). Review of an Application to deploy a facility other than a small wireless facility using a new structure shall be decided within 150 days. 7. Waiver. The Authority may waive any siting standard set forth in this Ordinance where the Applicant demonstrates that strict enforcement of said Standard: i. Will prohibit or have the effect of prohibiting any interstate or intrastate telecommunications service pursuant to 47 U.S.C.253(a); or ii. Will prohibit or have the effect of prohibiting personal wireless service pursuant to 47 U.S.C. 332(c)(7)(B)(i)(ll); or iii. Will violate any requirement set forth by the Federal Communications Commission Order entitled 9  Borough of Ho-Ho-Kus County of Bergen Mayor and Council Public Meeting Minutes October 22, 2019 7:30 p.m. “Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment; Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment.” WT Docket No.17-79; WC Docket 17-84. 8. The Borough Council shall advise the Applicant in writing of its final decision. Section 3. If any section or provision of this Ordinance shall be held invalid in any court of competent jurisdiction, the same shall not affect the other sections or provisions of this Ordinance, except so far as the section or provision so declared invalid shall be inseparable from the remainder or any portion thereof. Section 4. All ordinances or parts of ordinances inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency. Section 5. This Ordinance shall take effect upon final adoption and publication in accordance with law. A motion was offered by Councilman Rorty and seconded by Councilman Policastro to approve the introduction of Ordinance #2019-28. Motion carried on a roll call vote – All present voting “Aye”. Ordinance #2019-28 will be referred to the Planning Board for their review/comments. Council President Troast arrived at 7:45pm. CONSENT RESOLUTIONS (19-98 thru 19-102) Resolution #19-98 – Introduced and read by Council President Troast A Resolution - Payment of bills – October WHEREAS, claims have been submitted to the Borough of Ho-Ho-Kus in the amount of $3,193,422.37; and 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 $3,193,422.37 be approved and ratified respectively. BILL LIST: 19-00982 06/26/19 01195 TROPICANA CASINO & RESORT HOTEL-LEAGUE CONVENTION-COURT Open 366.00 0.00 19-01276 08/19/19 00001 HOME HARDWARE SEPT 2019 PURCHASES - DPW Open 661.88 0.00 19-01277 08/19/19 00056 TYCO ANIMAL CONTROL SERVICES ANIMAL CONTROL SVC SEPT 2019 Open 475.00 0.00 19-01280 08/19/19 02686 ONE CALL CONCEPTS ONE CALL MESSAGES - SEPT 2019 Open 42.16 0.00 19-01281 08/19/19 02590 AMERICAN WEAR, INC. SEP 2019 UNIFORMS - ROADS 2/3 Open 289.36 0.00 19-01282 08/19/19 02590 AMERICAN WEAR, INC. SEP 2019 UNIFORMS - WATER 1/3 Open 144.68 0.00 19-01348 09/10/19 80261 ERRICO, MR. KEVIN RETURN ROAD BOND - 103/10 Open 3,000.00 0.00 19-01369 09/12/19 01051 V.E. RALPH & SON FIRST AID SUPPLIES-AMBULANCE Open 1,078.63 0.00 19-01374 09/16/19 02283 DRAEGER, INC. CALIBRATE ALCOTEST - POL DEPT Open 179.00 0.00 19-01417 09/18/19 02892 TRUGREEN LAWN SVC - NORTH FIELD - 9/10 Open 495.00 0.00 19-01419 09/18/19 00886 SCHWANEWEDE/HALS ENGINEERING ENG.- PLAN REVIEW 704/25 Open 385.00 0.00 19-01423 09/18/19 02899 OFFICE CONCEPTS GROUP TIME CLOCK/CARDS-DPW Open 456.20 0.00 19-01424 09/18/19 00886 SCHWANEWEDE/HALS ENGINEERING ENG REVIEW PLAN REVISION-405/6 Open 110.00 0.00 19-01433 09/20/19 03239 AT&T MOBILITY IPAD SVC-FIRSTNET 8/12-9/11 Open 99.14 0.00 19-01434 09/20/19 03245 CDW GOVERNMENT SECURITY EQUIP-WELL #6 Open 2,939.72 0.00 19-01435 09/20/19 02747 DTS TRUCKING WOOD WASTE DUMPED-TREE STUMPS Open 750.00 0.00 19-01436 09/20/19 01457 A-VAN ELECTRICAL SUPPLY INC PARTS/WIRING-LANDSCAPE LIGHTNG Open 2,147.96 0.00 19-01437 09/23/19 03246 BRUNO ASSOCIATES,INC. PROF. SERVICES RE:GRANTS -OCT Open 2,000.00 0.00 19-01438 09/23/19 01457 A-VAN ELECTRICAL SUPPLY INC LAMP COVERS/CIRCUIT BREAKERS Open 89.29 0.00 10  Borough of Ho-Ho-Kus County of Bergen Mayor and Council Public Meeting Minutes October 22, 2019 7:30 p.m. 19-01439 09/23/19 01066 NJ ADVANCE MEDIA LEGAL AD-BIDS FOR SOLID WASTE Open 279.98 0.00 19-01441 09/23/19 00375 UNITED ROTARY BRUSH CORP PLASTIC BACK/TUBEBROOM-SWEEPER Open 715.93 0.00 19-01442 09/23/19 00329 RG GROUP HYDRAULIC HOSES/HOSE ASSY-DPW Open 497.97 0.00 19-01444 09/24/19 02892 TRUGREEN FALL AERATION/SEEDING-N FIELD Open 1,750.00 0.00 19-01445 09/24/19 03124 CP ENGINEERS, LLC ENG REVIEW-SOIL MOVING-TOLL BR Open 630.00 0.00 19-01446 09/24/19 03224 ALS GROUP USA CORP. VOC EPA/COLIFORM-WATER TESTING Open 286.00 0.00 19-01447 09/24/19 01198 DSP PRODUCTS, INC. CABLES/SCREWA/CONNECTORS-DPW Open 274.30 0.00 19-01448 09/24/19 00886 SCHWANEWEDE/HALS ENGINEERING ENG. -FINAL PLAN REVIEW-704/25 Open 55.00 0.00 19-01449 09/24/19 00886 SCHWANEWEDE/HALS ENGINEERING ENG. PLAN REV/ZBA MTG 1016/3 Open 3,000.00 0.00 19-01450 09/24/19 02356 GENERATION III INC. AIR CONDITIONER SERIVCE CALL Open 775.00 0.00 19-01451 09/24/19 02297 THE SHARP SHOP OIL FILTER- MOWER Open 23.98 0.00 19-01452 09/24/19 01147 DOOR WORKS, INC. INSTALL NEW DPW GARAGE DOOR Open 3,600.00 0.00 19-01453 09/24/19 00022 STONE INDUSTRIES FILL-IN ASPHALT - WATER DPT. Open 500.00 0.00 19-01454 09/24/19 00886 SCHWANEWEDE/HALS ENGINEERING ENG REVIEW REVISED PLANS-905/5 Open 2,025.00 0.00 19-01457 09/24/19 01840 OPTIMUM POLICE/CAD CABLE 10/16-11/15 Open 131.40 0.00 19-01458 09/24/19 00030 HO-HO-KUS BOARD OF EDUCATION SCHOOL TAX - MONTH OF OCT Open 1,500,924.00 0.00 19-01460 09/24/19 00029 BERGEN COUNTY DEPT OF ADM/FIN 4TH QTR 2019 COUNTY TAXES Open 759,223.91 0.00 19-01461 09/24/19 01485 COUNTY OPEN SPACE TRUST FUND 2019 4TH QTR COUNTY OPEN SPACE Open 32,803.00 0.00 19-01462 09/24/19 00034 NORTHWEST B C UTIL AUTHORITY 4TH QTR SERVICE CHARGE 2019 Open 158,475.00 0.00 19-01465 09/25/19 00144 BORO OF H-H-K PAYROLL ACCT CURRENT SOCIAL SECURITY - SEPT Open 13,079.19 0.00 19-01466 09/25/19 00144 BORO OF H-H-K PAYROLL ACCT WATER DPT SOCIAL SECURITY-SEPT Open 1,204.89 0.00 19-01467 09/25/19 00144 BORO OF H-H-K PAYROLL ACCT SOL WASTE SOCIAL SECURITY-SEPT Open 669.80 0.00 19-01468 09/25/19 00144 BORO OF H-H-K PAYROLL ACCT PAYROLL CURRENT 1/2 MONTH 9/30 Open 161,154.72 0.00 19-01469 09/25/19 00144 BORO OF H-H-K PAYROLL ACCT PAYROLL-WATER 1/2 MONTH 9/30 Open 8,677.62 0.00 19-01470 09/25/19 00144 BORO OF H-H-K PAYROLL ACCT PAYROLL-S WASTE 1/2 MONTH 9/30 Open 4,462.77 0.00 19-01471 09/25/19 02380 I.D.M. MEDICAL GAS CO REFILL OXYGEN D CYLINDER-AMBUL Open 36.97 0.00 19-01472 09/26/19 03168 RE-TRON TECHNOLOGIES 3 VEHICLE BATTERIES - DPW Open 272.98 0.00 19-01473 09/26/19 02429 GRAINGER WATER FILTER & CARTRIDGE-DPW Open 64.36 0.00 19-01474 09/26/19 02009 SEIBEL, JASON CDL LICENSE RENEWAL - DPW Open 44.00 0.00 19-01475 09/26/19 02288 CEDAR HILL NURSERY INC MULCH - DPW Open 108.00 0.00 19-01476 09/26/19 03103 HO-HO-KUS HAND CAR WASH POLICE/FIRE CAR WASHES-JAN-JUL Open 1,410.00 0.00 19-01478 09/27/19 00105 PSE&G SEPT 2019 GAS/ELECT.- CURRENT Open 7,003.18 0.00 19-01479 09/27/19 00105 PSE&G SEP 2019 GAS/ELECT.-WATER DEPT Open 7,669.60 0.00 19-01480 09/30/19 02612 PITNEY BOWES RESERVE ACCOUNT POSTAGE-REIMBURSE METER-WATER Open 315.76 0.00 19-01481 09/30/19 02612 PITNEY BOWES RESERVE ACCOUNT POSTAGE-REIMBURSE METER-S WAST Open 328.97 0.00 19-01482 09/30/19 02612 PITNEY BOWES RESERVE ACCOUNT POSTAGE-REIMBURSE METER Open 2,448.27 0.00 19-01483 09/30/19 00001 HOME HARDWARE SEPT PURCHASES -WATER DEPT Open 58.55 0.00 19-01484 09/30/19 02899 OFFICE CONCEPTS GROUP SCANNER/CARTRIDGES-COURT Open 543.91 0.00 19-01486 09/30/19 01457 A-VAN ELECTRICAL SUPPLY INC LAMPS/POSTS/CONNECTORS- DPW Open 198.36 0.00 19-01487 09/30/19 03158 WM RECYCLE AMERICA RECYCLING PICKUPS AUG - DPW Open 471.34 0.00 19-01488 10/01/19 02711 OPTIMUM * OPTIMUN SVC BORO HL 10/1-10/31 Open 29.95 0.00 19-01489 10/01/19 02297 THE SHARP SHOP LANDSCAPING PARTS - DPW Open 37.98 0.00 19-01490 10/01/19 02974 ATLANTIC TACTICAL 4 PROTECTIVE ARMOR - AMBUALCE Open 2,832.00 0.00 19-01491 10/01/19 03224 ALS GROUP USA CORP. WATER SAMPLE TESTS-9/4 & 9/25 Open 2,000.00 0.00 19-01492 10/01/19 03150 ELECTRO BATTERY SYSTEMS 2 VEHICLE BATTERIES -FIRE DEPT Open 410.50 0.00 19-01493 10/01/19 02584 INTER CITY TIRE 2 STREET SWEEPER TIRES-DPW Open 690.00 0.00 19-01494 10/01/19 02706 WURTH USA RUBBER ERASERS-VEH MAINTENANCE Open 53.36 0.00 19-01495 10/01/19 01534 HACH COMPANY REAGENT SET-CHLORNE FREE-WATER Open 1,510.34 0.00 19-01496 10/01/19 03208 MONMOUTH TELECOM TELECOM SERVICE OCT 1 Open 821.29 0.00 19-01497 10/02/19 02297 THE SHARP SHOP BRACKET - DPW Open 13.99 0.00 19-01498 10/02/19 02484 RACHLES/MICHELE'S OIL CO. 1755 GALS GAS DELIVERED 9/3 Open 3,098.63 0.00 19-01499 10/02/19 00436 TREASURER STATE OF NJ 3RD QTR REMIT DCA PERMIT FEES Open 2,209.00 0.00 11  Borough of Ho-Ho-Kus County of Bergen Mayor and Council Public Meeting Minutes October 22, 2019 7:30 p.m. 19-01500 10/03/19 02054 JOHN GARCIA CONSTRUCTION CO. VALVE EXERCISING PROGRAM-WATER Open 6,000.00 0.00 19-01501 10/03/19 03223 EAGLE EQUIPMENT, INC. PIPE HOSE/FITTING - SEWERS Open 103.96 0.00 19-01502 10/03/19 02899 OFFICE CONCEPTS GROUP OFFICE SUPPLIES - BORO HALL Open 369.27 0.00 19-01503 10/03/19 02899 OFFICE CONCEPTS GROUP BATTERY BACKUPS -FIRE DEPT Open 244.38 0.00 19-01504 10/03/19 02899 OFFICE CONCEPTS GROUP BATTERY BACKUPS-ADMIN/FIRE/DPW Open 836.61 0.00 19-01505 10/04/19 03048 QUALITY FORD VEHICLE PART - SHAFT- POL Open 145.73 0.00 19-01506 10/04/19 00363 ROCKET BUILDING SUPPLY CO CATCH BASIN BLOCKS - DPW Open 594.00 0.00 19-01507 10/04/19 00058 NJ PLANNING OFFICIALS ASSOC MANDATORY TRAINNG-ZBA S MADDEN Open 85.00 0.00 19-01508 10/04/19 80264 VAN ORDEN, JOHN PARTIAL COAH FEE REFUND-704/25 Open 2,833.50 0.00 19-01510 10/07/19 02974 ATLANTIC TACTICAL 3 HOLOGRAPHIC WEAPON SIGHTS-PD Open 1,488.58 0.00 19-01511 10/07/19 00022 STONE INDUSTRIES FABC TOP ASPHALT - DPW Open 199.68 0.00 19-01512 10/07/19 01457 A-VAN ELECTRICAL SUPPLY INC OUTSIDE LIGHTING - PD Open 389.97 0.00 19-01513 10/07/19 03004 WYCKOFF WASH CAR WASH - POL CAR Open 5.00 0.00 19-01514 10/07/19 00669 NORTH JERSEY WATER CONFERENCE ANNUAL MEMBERSHIP - WATER DEPT Open 800.00 0.00 19-01515 10/07/19 03186 CONFIDENTIAL SHREDDING 4 HOUR SHREDDING - 10/5 Open 700.00 0.00 19-01516 10/07/19 03147 BERGEN SUPPLY COMPANY 10 CASES PAPER TOWELS/TISSUES Open 289.40 0.00 19-01517 10/07/19 03110 PERRICELLI, LISA VISION REIMBURSEMENT Open 300.00 0.00 19-01518 10/07/19 00737 KUIKEN BROS. CO. INC. PRESSURE TREATED WOOD - DPW Open 80.82 0.00 19-01519 10/07/19 01432 HENRY'S PLUMBING PLUMBING SUPPLIES - WATER DPT Open 55.84 0.00 19-01520 10/07/19 01647 WSP USA MONITOR DPW GARAGE AREA-8/30 Open 1,996.01 0.00 19-01521 10/07/19 01647 WSP USA WATER COMPLIANCE SVC THRU 8/30 Open 1,345.00 0.00 19-01522 10/07/19 02788 KONICA MINOLTA ** QTR 3 COPIER MAINT/COPIES-POL Open 701.91 0.00 19-01523 10/07/19 03119 KONICA MINOLTA **** COPIER PLN/ZON/CONS 7/4-10/3 Open 57.79 0.00 19-01526 10/08/19 00258 THOMSON REUTERS - WEST 2020 RULES OF COURT- COURT Open 311.00 0.00 19-01527 10/08/19 01565 MINUTEMAN PRESS PRINT & FOLD WATER DPT LETTER Open 375.29 0.00 19-01528 10/09/19 02615 TREASURER, STATE OF NJ MARRIAGE LIC FEE TO NJ JUL-SEP Open 100.00 0.00 19-01529 10/09/19 00255 NORTH JERSEY MEDIA GROUP LEGAL ADS- SOLID WASTE BIDS Open 169.38 0.00 19-01530 10/09/19 00255 NORTH JERSEY MEDIA GROUP LEGAL AD-PLAN BD MTG CANCELLED Open 10.02 0.00 19-01531 10/09/19 00255 NORTH JERSEY MEDIA GROUP LEGAL AD - 2018 AUDIT REPORT Open 152.08 0.00 19-01532 10/09/19 00144 BORO OF H-H-K PAYROLL ACCT MEDICAL/PRESCRIPT/DENTAL-OCT Open 77,177.43 0.00 19-01533 10/09/19 00166 BOLE, DAVID B., ESQ. BORO ATTORNEY SVCS - SEPT Open 1,403.00 0.00 19-01534 10/09/19 00046 RUTHERFORD, DAVID L.,ESQ. LEGAL SVCS - CROSSINGS Open 1,812.50 0.00 19-01535 10/09/19 02671 SUBURBAN DISPOSAL INC. SOLID WASTE/RECYCLING AUG 2019 Open 45,677.27 0.00 19-01536 10/09/19 02887 VALLEY PHYSICIAN SERVICES 2ND QTR DOT TESTING - DPW Open 153.00 0.00 19-01537 10/09/19 00229 BORO OF H-H-K WATER DEPARTMENT 3RD QTR WATER BILLING TO DEPTS Open 1,354.01 0.00 19-01538 10/10/19 00012 PROSTOCK MIDLAND FUEL ELEMENTS/FUEL FILTERS-DPW Open 338.75 0.00 19-01539 10/10/19 03048 QUALITY FORD ROTOR/BRAKES/SWAYBAR - POL VEH Open 818.96 0.00 19-01540 10/10/19 00526 MK ENTERPRISES INC I BEAM FOR SALTER -DPW Open 2,000.00 0.00 19-01541 10/10/19 03224 ALS GROUP USA CORP. WATER TESTING - 9/25/19 Open 362.00 0.00 19-01542 10/10/19 00088 NJ CONFERENCE OF MAYORS MEMBERSHIP DUES Open 295.00 0.00 19-01543 10/11/19 00166 BOLE, DAVID B., ESQ. SOLID WASTE BID SPECS Open 1,540.00 0.00 19-01544 10/11/19 00144 BORO OF H-H-K PAYROLL ACCT PAYROLL CURRENT 1/2 MNTH 10/15 Open 161,391.56 0.00 19-01545 10/11/19 00144 BORO OF H-H-K PAYROLL ACCT PAYROLL-WATER 1/2 MONTH 10/15 Open 7,587.46 0.00 19-01546 10/11/19 00144 BORO OF H-H-K PAYROLL ACCT PAYROLL-S WASTE 1/2 MNTH 10/15 Open 5,934.67 0.00 19-01549 10/11/19 02690 VERIZON WIRELESS* WIRELESS CHARGES 9/4-10/3 Open 859.26 0.00 19-01551 10/11/19 02903 FIRST STUDENT, INC. JR POLICE ACADEMY BUS TRIP Open 600.00 0.00 19-01552 10/11/19 80068 MALES, CHRIS FOLD/INSERT/STUFF WATER BILLS Open 400.00 0.00 19-01553 10/11/19 80203 CAPORALE, ELISA B. REIMB TRAVEL- CLERK TRAINING Open 301.94 0.00 19-01554 10/15/19 00555 PSE&G* ELECT. SVC-EASTGATE THRU 10/8 Open 45.93 0.00 19-01555 10/15/19 00038 VERIZON WATER DEPT PHONES - SEPT/OCT Open 476.06 0.00 19-01556 10/15/19 00209 WORTH PINKHAM MEMORIAL LIBRARY OPERATINAL BALANCE FOR 2019 Open 33,230.86 0.00 19-01557 10/15/19 00038 VERIZON SEPT/OCT FAX/PHONE - DEPTS. Open 970.65 0.00 12  Borough of Ho-Ho-Kus County of Bergen Mayor and Council Public Meeting Minutes October 22, 2019 7:30 p.m. 19-01558 10/16/19 00821 AT&T SEPT 2019 FAX/LONG DISTANCE Open 123.82 0.00 19-01559 10/16/19 02339 ZUIDEMA PORTABLE TOILETS 1 MO PORT TOILET N FIELD 10/14 Open 95.00 0.00 19-01560 10/16/19 02297 THE SHARP SHOP LAWN MOWER PARTS - DPW Open 72.54 0.00 19-01561 10/16/19 00294 STATE OF NEW JERSEY-PWT 3RD QTR PENNY TAX -WATER USAGE Open 647.76 0.00 19-01562 10/16/19 02712 OPTIMUM ** OPTONLINE SVC DPW- 10/16-11/15 Open 119.80 0.00 19-01563 10/16/19 01779 OUTSTANDING SERVICE CHECK WATER TANKS/BIOCIDE TRTM Open 182.90 0.00 19-01564 10/16/19 03223 EAGLE EQUIPMENT, INC. ELBOW RADIATOR HOSE-DPW Open 104.54 0.00 19-01565 10/16/19 00022 STONE INDUSTRIES TOP ASPHALT - WATER SEPT. Open 198.36 0.00 19-01566 10/16/19 02053 ZAWADZKI, DARRYL REIMB FOR WATER LICENSES Open 150.00 0.00 19-01567 10/16/19 00012 PROSTOCK MIDLAND VEHICLE PARTS - DPW & FIRE DPT Open 451.95 0.00 19-01568 10/16/19 03228 HACKENSACK SPRING & ALIGNMENT FRONT ALIGNMWENT DPW VEH #769 Open 368.00 0.00 19-01569 10/16/19 00375 UNITED ROTARY BRUSH CORP DIRT SHOE SCRAPER/SHOE-SWEEPER Open 382.05 0.00 19-01570 10/16/19 02285 HAWTHORNE HITCH & TRAILER A FRAME JACK 12-VOLT -FIR DEPT Open 354.91 0.00 19-01571 10/16/19 02594 RAMSEY CHRYSLER/JEEP STRIKE TEST - FIRE DPT Open 22.40 0.00 19-01572 10/16/19 03048 QUALITY FORD WHEEL ASSY - DPW Open 176.37 0.00 19-01573 10/16/19 01580 MCMASTER-CARR DRYING MAT/SQ-LINK CHAIN-WATER Open 43.16 0.00 19-01574 10/16/19 00886 SCHWANEWEDE/HALS ENGINEERING ENG. PLAN REVIEW - 1103/9 Open 400.00 0.00 19-01575 10/16/19 00157 TREASURER - STATE OF NJ UNDERGROUND STORAGE TANKS PROG Open 50.00 0.00 19-01576 10/16/19 03224 ALS GROUP USA CORP. COLIFORM & E COLI TESTS-WATER Open 76.00 0.00 19-01577 10/16/19 03048 QUALITY FORD ROTORS AND KIT DPW VEH MAINT. Open 702.48 0.00 19-01578 10/16/19 00012 PROSTOCK MIDLAND CONTROL ARM - DPW Open 58.99 0.00 19-01581 10/17/19 01831 COMPUTER SERVICE CENTER TECH SUPPORT - SEPT Open 3,307.50 0.00 19-01582 10/17/19 02963 COMPUTER SERVICE CENTER * SPAM FIREWALL UPDATES Open 799.00 0.00 19-01583 10/17/19 80203 CAPORALE, ELISA B. 3 OVERNITE MAILINGS-SHADE TREE Open 76.50 0.00 19-01584 10/17/19 00359 EDMUNDS & ASSOCIATES 2 PART TAX BILLS Open 270.00 0.00 19-01585 10/17/19 00886 SCHWANEWEDE/HALS ENGINEERING ENG. INSPECTION/PLAN REV-405/6 Open 142.50 0.00 19-01586 10/17/19 00886 SCHWANEWEDE/HALS ENGINEERING ENG INSPECTION/PLAN REV-104/6 Open 300.00 0.00 19-01587 10/17/19 00886 SCHWANEWEDE/HALS ENGINEERING PL REV-WATER MAIN MAP 1016/3 Open 150.00 0.00 19-01588 10/17/19 03179 MIKE FITZPATRICK & SON, INC 2019 RD RESURFACING PROG-V #2 Open 13,103.88 0.00 19-01589 10/17/19 01819 D & L PAVING CONTRACTORS RD RESURFACING-LLOYD RD-V #2 Open 13,499.16 0.00 19-01590 10/17/19 01958 VERIZON WIRELESS POLICE/FIRE CDMA 9/10-10/9 Open 278.57 0.00 19-01591 10/17/19 00041 BORO OF H-H-K CURRENT ACCT LIBRARY OVERHEAD CHARGE 10/17 Open 85,633.93 0.00 Resolution #19-99 – Introduced and read by Council President Troast A Resolution to urge Voters to support the Referendum on the Election Ballot in November, so that Veterans or Widowed Spouses of Veterans who reside in Continuing Care Retirement Communities (CCRC) will be eligible for Property Tax Deduction WHEREAS, the State Constitution for New Jersey authorizes veterans and widowed spouses of veterans who served in active duty during war and other times of emergency to receive a property tax deduction, in the amount of $250 per year, in well-deserved recognition of their service to our country; and WHEREAS, veterans and widowed spouses of veterans who reside in Continuing Care Retirement Communities (CCRC) have been unfairly denied eligibility for the $250 property tax deduction because they do not own their units, even though they instead contribute to property taxes through a monthly payment, and even though they have made the same sacrifices as all veterans in our great county; and WHEREAS, there are twenty-five CCRCs in the State which collectively house approximately 2,500 veterans or widowed spouses who are being denied the property tax deduction. WHEREAS, Senator Vin Gopal has sponsored legislation (S1331), that has been approved by the Senate and General Assembly, to extend the deduction to veterans and their widowed spouses in CCRCs; WHEREAS, the extension of the deduction, because it requires an amendment to the State Constitution, must be approved by the voters at the ballot in November before it will become valid and effective; and 13  Borough of Ho-Ho-Kus County of Bergen Mayor and Council Public Meeting Minutes October 22, 2019 7:30 p.m. WHEREAS, the Mayor and Borough Council now desire to memorialize their support of the referendum on the ballot in November and to urge the voters of this State to vote in favor of the property tax deduction for veterans and widowed spouses of veterans who reside in CCRCs; NOW, THEREFORE BE IT RESOLVED, that the Borough Council of Ho-Ho-Kus urges voters to support the referendum on the ballot in November 2019, so that veteran and widowed spouses of veterans who reside in Continuing Care Retirement Communities (“CCRC”) will be eligible for the $250 property tax deduction. BE IT FURTHER RESOLVED, that the Borough Council believes that this small benefit to our veterans and widowed spouses of veterans who reside CCRCs is a proper and warranted acknowledgment of the tremendous sacrifices that veterans have given to protect and serve our great nation. Resolution #19-100 – Introduced and read by Council President Troast A Resolution - Tax Appeal Settlement – DeAngelis, 845 Wickham Way (block 1301, lot 13) WHEREAS, Davide DeAngelis, et al. is the owner of real estate known as 845 Wickham Way, Ho-Ho-Kus, New Jersey, also known as Lot 13 in Block 1301 on the Borough tax map; and WHEREAS, the owner has filed tax appeals challenging the tax assessment for the years 2017-2019; and WHEREAS, the Borough has completed full discovery with respect to these matters and has conducted exhaustive negotiations with counsel for the taxpayer; and WHEREAS, the parties have been able to arrive upon a proposed settlement agreement as follows: a revised assessment of $1,550,000 for the years 2017, 2018 and 2019 and $1,450,000 for 2020; and WHEREAS, the parties have agreed that pre-judgment interest shall be waived as a condition of the settlement; and WHEREAS, the Borough’s Tax Assessor Edmund Brown is in agreement with the terms of the settlement and believes that it would be in the best interests of the Borough to settle these particular cases in accordance with the terms set forth above NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Ho-Ho-Kus agrees to authorize the Municipal Attorney to execute a Stipulation of Settlement on behalf of the Borough of Ho-Ho-Kus with respect to the Davide DeAngelis, et al. v. Ho-Ho-Kus tax appeals pending in the Tax Court of New Jersey under Docket Nos. 006046-2017; 000894-2018 and 000801-2019 at the new assessments set forth above; and BE IT FURTHER RESOLVED, that upon receipt of the Tax Court Judgment, the Tax Collector is hereby authorized to calculate the amount of the refund and cause same to be paid to the taxpayer, without statutory interest, within 60 days from the date of the Tax Court Judgment; and BE IT FURTHER RESOLVED, that a true copy of this Resolution be provided to the Borough Tax Collector, Tax Assessor, Chief Financial Officer and Municipal Attorney. Resolution #19-101 – Introduced and read by Council President Troast A Resolution – Authorizing Shared Service Agreement for Maintenance & Repairs of DPW Vehicles WHEREAS, the Uniform Shared Services Act N.J.S.A. 40A:65-1 et seq. promotes the broad use of shared services as a method to reduce local expenses funded by property taxpayers; and WHEREAS, the Uniform Shared Services Act allows for any local unit to enter into an agreement with any other local unit or units to provide or receive any services with each local unit participating in the agreement that is empowered to provide or receive within its own jurisdiction; and WHEREAS, the Borough of Paramus is willing to provide certain labor and maintenance of DPW vehicles owned by the Borough of Ho-Ho-Kus as needed; and WHEREAS, the Borough of Ho-Ho-Kus may require the use of such labor and maintenance for its DPW vehicles; and WHEREAS, the Chief Financial Officer has attached hereto a certification that adequate funds will be provided in the 2020 budget to pay for this agreement; NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Ho-Ho-Kus that it does hereby authorize and approve a Shared Services Agreement with the Borough of Paramus for use of certain labor and maintenance for its DPW vehicles in the form of the Shared Services Agreement currently on file with the Municipal Manager’s office; and 14  Borough of Ho-Ho-Kus County of Bergen Mayor and Council Public Meeting Minutes October 22, 2019 7:30 p.m. BE IT FURTHER RESOLVED, that this Shared Services Agreement shall be open to public inspection immediately after passage of this Resolution; and BE IT FURTHER RESOLVED, that the subject Shared Services Agreement is intended to take effect upon adoption of authorizing resolutions by both the Borough of Paramus and the Borough of Ho-Ho-Kus as well as execution of said Agreement by authorized officials of both entities and shall continue for a period of one (1) year commencing January 1, 2020 to December 31, 2020 unless either party notifies the other in writing of intent to cancel the Agreement; and BE IT FURTHER RESOLVED, that the Mayor and Municipal Clerk are authorized to sign such Shared Services Agreement following legal review. Resolution #19-102 – Introduced and read by Council President Troast A Resolution – Forgiveness of Solid Waste 4th Qtr. 2019 bill. WHEREAS, 11 Saddle Brook Drive, 319 Ardmore, 806 West Saddle River Road, 4 Brookview Ct., 23 Deerhill Road, 6 Saddle Ridge Rd., and 61 Lloyd Rd (3rd quarter only), are lots under construction WHEREAS, the above residential structures will be credited accordingly and then will be reviewed for the balance and NOW THEREFORE, be it resolved that the bills in question be cancelled. A motion was offered by Council President Troast and seconded by Councilman Crossley to approve Resolutions 19-98 through 19-102. Motion carried on a roll call vote – All present voting “Aye”. LIAISON REPORTS Recreation – No report Library – Councilman Policastro reported he will be meeting with the Library Director tomorrow at her request and will report back at the next Mayor and Council Meeting Board of Education – No report Ambulance Corp. – Councilman Crossley reported they had their meeting on September 30th, 2019, where 18 members were in attendance. The ambulance team had their rigs at many events; Richard’s Run, the open house for Fire Department and the HHK/Saddle River football game. They have been advertising for new recruits and had two new recruits sign up at their table they had at the Fire Department open house. On October 20th, 2019 they had their SEVO (service emergency vehicle operator) class for new drivers. Lastly the new ambulance website is updated and is very user friendly. Fire Department – Councilman Rorty reported their Fire Department open was a success. Chamber of Commerce – No report as Councilman Shell was absent, however Mayor stated he attended the grand re- opening of Wine & Spirit World on Saturday October 19th. MAYOR'S REMARKS – Mayor reported on October 18, 2019 he attended the HHK Dental Associates where they welcomed the newest member Brain D. Roth, D.M.D. He also saw all the beautiful Halloween window painting and thanked the Police and The CERT Team in keeping everyone safe. CLOSED SESSION - On a motion by Councilman Rorty, seconded by Councilman Crossley, the Mayor and Council approved entering into Executive Session closed to the public. Motion Carried by voice vote – all present voting “Aye”. A Resolution - providing for a meeting not open to the public in accordance with the provisions of the New Jersey Open Public Meetings Act. NJSA 10:4-12 Whereas, the Borough Council of the Borough of Ho-Ho-Kus is subject to certain requirements of the Open Public Meetings Act, NJSA 10:4-6; and Whereas, the Open Public Meetings Act, NJSA 10:4-12 provides that an Executive Session not open to the public may be held for certain specified purposes when authorized by resolution; and 15  Borough of Ho-Ho-Kus County of Bergen Mayor and Council Public Meeting Minutes October 22, 2019 7:30 p.m. Whereas, it is necessary for the Borough Council of the Borough of Ho-Ho-Kus to discuss in a session not open to the public certain matters relating to the item or items authorized by NJSA 10:4-12 (b) as follows: 8 - matters involving the employment, appointment, termination of employment, terms and conditions of employment, evaluation of the performance of, promotion, or disciplining of any specific prospective public officer or employee or current public officer or employee employed or appointed by the public body, unless all the individual employees or appointees whose rights could be adversely affected request in writing that the matter or matters be discussed at a public meeting; or 7- Matters relating to litigation, negotiations and attorney-client privilege Contract Negotiations Now therefore, be it resolved by the Borough Council of the Borough of Ho-Ho-Kus assembled in public session on October 22, 2019 that an Executive Session closed to the public be and the same is hereby authorized for discussion of matters relating to the specified items designated above. Closed Session began at 7:50 p.m. and ended at 8:25 p.m. On a motion by Councilman Policastro, seconded by Councilman Crossley, the meeting returned to open public session. Motion Carried by voice vote – all present voting “Aye”. ADJOURNMENT On a motion by Councilman Crossley, seconded by Councilman Rorty, the meeting was adjourned at 8:25 p.m. Motion Carried by voice vote – all present voting “Aye”. Respectfully submitted, Joan Herve RMC/CMR Borough Clerk 16