PUBLIC MEETING Wednesday, August 22, 2018 at 8:00 p.m.

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1 PUBLIC MEETING Wednesday, August 22, 2018 at 8:00 p.m. There will be a Public Meeting of the Mayor and Council of the Borough of Glen Rock on Wednesday, August 22, 2018 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 December, 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. Roll Call: Council Member O Hagan - absent Council Member Martin present Council Member Huisking - present Council Member Morieko present Council Member Leonard - present Council Member Kreibich absent 2. FLAG SALUTE/ANNOUNCEMENTS The Glen Rock Police Department led the audience and Council in the flag salute. Glen Rock Police Chief Dean Ackermann recognized Lt. Chris Mc Inerney for his 20 years of service with Glen Rock Police Department. Lt. McInerney was presented with a plaque and a proclamation. Lt. Mc Inerney thanked his family for their support and expressed appreciated for the acknowledge of his service. Mayor Packer and Council read Proclamation honoring Lt. McInerney. Ceremonial Proclamation to Lt. Christopher Mc Inerney for 20 years of Service WHEREAS, Lt. Christopher McInerney was born and raised in Glen Rock NJ, attending St. Catharines, Bergen Catholic High School and then obtaining his bachelors from Xavier University where he became a member of Phi Alpha Theta honor society espousing his families tradition of community service; and 1

2 WHEREAS, in 1992 Lt. McInerney became a member of the New York City Police Department- serving in Patrol, Community Policing, the Strategic Response Unit, Street Narcotics Enforcement and lastly the elite Organized Crime Control Bureau thus showing his early potential for achievement in police work; and WHEREAS, in 1998 Lt.McInerney transferred to our Glen Rock Police Department to serve the community in which he came from and raise his family with his wife Nancy and their five children; and WHEREAS, Lt. McInerney served as a patrol officer for 8 years before promoted to Sergeant in 2006 and assigned as a Patrol Tour Commander during this time he offered guidance, support and training to his fellow officers; and WHEREAS, Lt. McInerney has earned the respect of both the GRPD officers AND the community for his integrity, leadership and communication; and WHEREAS, Lt. McInerney was appointed Interim executive officer in 2016 and played a key role in the reorganization of the GRPD. In November 2017, after passing a comprehensive and competitive examination and selection process, Chris was promoted to the Rank of Lieutenant. He currently serves as Platoon Commander and Professional Standards Officer. He is the department s liaison to the Glen Rock Public School and the Community Relations Advisory Board of Glen Rock and Ridgewood. Currently Lt. McInerney overseas the GRPD development of the department s community outreach unit; NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of Glen Rock respectfully acknowledge and give our sincere thanks to Lt. McInerney for 20 years of service to our community. It is our honor and privilege to congratulate him on achieving this milestone and we wish him continued success, both personally and professionally as he continues to be part of our organization. Chief Ackermann thanked Lt. McInerney for being supportive the entire department and community and is an honor to serve with him. Council member Huisking commented that perseverance best describes Lt. McInerney, especially during the rebuilding of the department and thanked him for his service. Council member Leonard also congratulated Lt. McInerney his years of service to the community and as his DARE officer. On behalf of Council member O Hagan who also wishes Lt. McInerney congratulations. 2

3 Mayor Packer stated he will be changing the order of the meeting to accommodate with swearing in on the new Special Officers. An ordinance and the consent agenda will be read before departmental reports. Ord. # 1793 Final Reading - AN AMENDMENT TO AN ORDINANCE TO FIX THE COMPENSATION OF CERTAIN OFFICERS AND EMPLOYEES OF THE BOROUGH OF GLEN ROCK, BERGEN COUNTY, NEW JERSEY Ordinance Procedure: # 1793 Date of Final Reading: August 22, 2018 Date of Introduction: July 25, 2018 A motion to open public discussion on Ordinance 1793 was made by Council member Huisking, seconded by Council member Morieko. All were in favor. No public comments. A motion to close public discussion on ordinance 1793 was made by Council member Huisking, seconded by Council member Morieko. All were in favor. Resolution No.: Introduced by Council Member Huisking Seconded by Council Member Morieko AN AMENDMENT TO AN ORDINANCE TO FIX THE COMPENSATION OF CERTAIN OFFICERS AND EMPLOYEES OF THE BOROUGH OF GLEN ROCK, BERGEN COUNTY, NEW JERSEY. 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. Council Member O Hagan - absent Council Member Huisking - yes Council Member Leonard - yes Council Member Martin yes Council Member Kreibich- absent BOROUGH OF GLEN ROCK ORDINANCE NO AN AMENDMENT TO AN ORDINANCE TO FIX THE COMPENSATION OF CERTAIN OFFICERS AND EMPLOYEES OF THE BOROUGH OF GLEN ROCK, BERGEN COUNTY, NEW JERSEY. BE IT ORDAINED, by the Borough Council of the Borough of Glen Rock in the County of Bergen, New Jersey as follows: 3

4 SECTION 1. That there is hereby established salary and wages for the classification of certain employees herein below set forth: POLICE DEPARTMENT MINIMUM MAXIMUM Special Class 1 Police Officer $42,432 $55, 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. Correspondence: Resolutions: 1. Resolution for Payment of Bills See Attached Resolution No. # Offered by Council Member Leonard Seconded by Council Member Huisking BE IT RESOLVED, that the following bills of the Borough of Glen Rock be paid in the amount of $16,764, Bergen County Joint Insurance Fund (3 rd Q) $ 134, BCUA 26, County Open Space Taxes (3 rd Q) 65, County Open Taxes (3 rd Q) 1,495, Glen Rock Borough BAN Interest 96, Glen Rock Board of Education (Including Debt) 5,400, Insurance Restoration Specialist 10, NJ State Health Insurance 197, Ridgewood Water 11, PSE&G 29, Payroll 677, MISC. 143, Total Current $ 8,289, Total Capital Fund (Due on 7/27/18) 8,469,

5 Total Trust Other 3, Total Animal Control (Dog) 1, Grand Total $ 16,764, Council Member O Hagan absent Council Member Huisking yes Council Member Leonard - yes Council Member Martin - yes Council Member Kreibich - absent 2. Resolution for Approval of Minutes Resolution No Offered by Council Member Leonard Seconded by Council Member Huisking BE IT RESOLVED, that the Minutes of: Work Session 6/11/18 Closed Session 6/11/18 Public Meeting 6/13/18 Be accepted as submitted. Council Member O Hagan absent Council Member Huisking yes Council Member Leonard - yes Council Member Martin - yes Council Member Kreibich absent 3. Resolution Authorizing Mayor to Execute Settlement Agreement (Larkin Case) Resolution No.: Offered by Council Member: Leonard Seconded by: Huisking Resolution Authorizing Mayor to Execute Settlement Agreement (Larkin Case) 5

6 WHEREAS, the Borough of Glen Rock was previously involved in a litigation matter, regarding the case Larkin v. Glen Rock, Docket No. BER-L ; and WHEREAS, the Borough of Glen Rock has settled the final outstanding issue of attorney s fees and by way of this resolution authorizes the following to close the case out: 1. The Mayor be and hereby is authorized to execute the attached settlement agreement; and 2. The Borough Attorney and/or any other necessary Borough official be and hereby are authorized to execute any other documentation to resolve the said matter in accordance with the terms and conditions of the attached settlement agreement; Council Member O Hagan absent Council Member Huisking - yes Council Member Leonard - yes Council Member Martin- yes Council Member Kreibich absent 4. Resolution Appointing Police Detective (Doney) Resolution No Offered by Council Member Leonard Seconded by Council Member Huisking RESOLUTION APPOINTING DETECTIVE IN THE POLICE DEPARTMENT Lucas Doney WHEREAS, the Borough of Glen Rock has a vacancy in its Police Department, for the position of Detective and; WHEREAS, Chief Ackermann named Lucas Doney in the Detective Bureau as probationary for the term of six (6) months through September 5, 18; and WHEREAS, the Governing Body by recommendation of Chief Ackermann has determined that Lucas Doney would be an asset to the Detective bureau, and is qualified to serve in the capacity of Detective in the Glen Rock Police Department; NOW, THEREFOR, BE IT RESOLVED, that effective September 5, 2018, Lucas Doney be appointed to the position of Detective of the Glen Rock Police Department at the annual salary of $129,803 for the remainder of 2018 and $132,399 for

7 Council Member O Hagan - absent Council Member Huisking yes Council Member Leonard - yes Council Member Martin - yes Council Member Kreibich - absent 5. Resolution Appointing Police Chaplain (Manson) Resolution No Offered by Leonard Seconded by Huisking RESOLUTION APPOINTING POLICE CHAPLAIN, FOR THE BOROUGH OF GLEN ROCK POLICE DEPARTMENT WHEREAS, pursuant to Title 40 and Borough Ordinance 1378, the Mayor with the advice of the Chief of Police shall appoint a Chaplain to the Police Department who shall become a member of the Glen Rock Police Department; and WHEREAS, Chief Ackermann has recommended the name of Father Sean Manson to Mayor for his consideration; and WHEREAS, the Mayor agrees with the recommendation from the Chief of Police, NOW THEREFORE BE IT RESOLVED that Mayor, does hereby appoint Father Sean Manson to the position of Police Chaplain for the Borough of Glen Rock Police Department, effective August 22, 2018 Council Member O Hagan absent Council Member Huisking yes Council Member Leonard yes Council Member Martin - yes Council Member Kreibich - absent 6. Resolution Appointing Class I Special Police Resolution No Offered by Council Member Leonard Seconded by Council Member Huisking COMMUNICATION FROM THE MAYOR Ladies and Gentleman of the Council: With your advice and consent I hereby make the following appointments: 7

8 CLASS I Special Police Various Term Limits William Pettit One Year Term 8/22/18 12/31/18 Tony Yorke, Jr. One Year Term 8/22/18 12/31/18 Council Member O Hagan absent Council Member Huisking yes Council Member Leonard - yes Council Member Martin - yes Council Member Kreibich - absent 7. Resolution Granting Full Time Status for Special Officer (Oliva) Resolution No Offered by Council Member Leonard Seconded by Council Member Huisking RESOLUTION APPOINTNG FULL TIME CLASS I SPECIAL OFFICER (Angelica Oliva) WHEREAS, the Glen Rock Police Department has the authority to hire one full time Class I Special Officer, and WHEREAS, the Police Chief has recommended that Angelica Oliva is qualified to hold the position of Class I Special Officer, and WHEREAS, upon the recommendation of the Chief of Police the Borough Council has decided to approve the recommendation of the Chief and appoint Angelica Oliva to the full-time position of Class I Special Officer to be effective September 1, 2018, NOW THEREFORE BE IT RESOLVED that Borough Council, does hereby appoint Angelica Oliva, of 18 Beechwood Ave, Elmwood Park to the position of Class I Special Officer Enforcement Officer for the Borough of Glen Rock with a salary in accordance with the approved salary resolution, effective September 1, Council Member O Hagan absent Council Member Huisking - yes Council Member Leonard - yes Council Member Martin - yes Council Member Kreibich -absent 8

9 8. Resolution Authorizing Municipal Lien (Property Maintenance) Resolution No Offered by Council Member Leonard Seconded by Council Member Huisking RESOLUTION AUTHORIZING TAX COLLECTOR TO PLACE A MUNICIPAL CHARGE AGAINST PROPERTIES FOR VIOLATION OF CHAPTER 162, ARTICLE 1 (PROPERTY MAINTENANCE) WHEREAS, the Borough of Glen Rock Property Maintenance Officer has contracted a third party to remediate property maintenance issues on the following properties: Block 67 Lot 6.02 also known as 36 Rutland Rd. in the amount of $750.00, Block 71 Lot 11 also known as 655 Doremus Ave. in the amount of $180.00, Block 143 Lot 8 also known as 30 Hillman Ave. in the amount of $ and Block 175 Lot 1.01 also known as 437 Harristown Rd. in the amount of $ NOW THEREFORE BE IT RESOLVED, The Tax Collector is authorized to place a municipal lien on the foregoing properties in the amount of the maintenance charges which will accrue interest at the same rate as taxes. Council Member O Hagan absent Council Member Huisking - yes Council Member Leonard - yes Council Member Martin - yes Council Member Kreibich absent 9. Resolution for Salary for Special Officers Resolution No Offered by Council Member Leonard Seconded by Council Member Huisking RESOLVED, that the following salaries and wages be authorized and approved for the year 2018: POLICE SUPPORT PERSONNEL Special Police Officer Class 1 FT Angelica Oliva $42,

10 Special Police Officer Class 1 PT William Pettit Tony York, Jr. $15.00/hr. $15.00/hr. Effective September 1, 2018 All salaries in this resolution are annual salaries unless otherwise stated. Council Member O Hagan absent Council Member Huisking - yes Council Member Leonard - yes Council Member Martin - yes Council Member Morieko yes Council Member Kreibich - absent 10. Resolution for Change Order-2018 Paving Resolution No Offered by Council Member Leonard Seconded by Council Member Huisking RESOLUTION AUTHORIZING CHANGE ORDER #1 FOR 2018 STREET PAVING-NW BERGEN COOPERATIVE WHEREAS, the Borough of Ramsey awarded a contract to Mike Fitzpatrick and Son Inc. for the 2018 NW Bergen Cooperative Street Resurfacing Project in the amount of $2,492,486, and; WHEREAS, the Borough of Glen Rock passed Resolution No on July 19, 2018, for their portion of the project, in the amount of $413,232.12, and; WHEREAS, the need for drainage and manhole casting resulted in additional quantities of pipe, curb, and stone base, resulting in Change Order #1, in the amount of $12, as follows: Item # Description Amount 1. FABC $19, Millings ($10,018.80) 3. Bicycle Safety Grates 2, B Inlet Curb Pieces Resetting Manhole $ Total $12,

11 WHEREAS, the Director of Public Works has recommended the request for the additional quantities of asphalt and milling, resulting in an additional $12, and; WHEREAS, the Chief Financial Officer has certified that funds are available for Change Order #1. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Glen Rock that Change Order #1 be approved in the amount of $12, for the additional asphalt, milling and grates, for a total 2018 project sum of $425,471,52. Council Member O Hagan - absent Council Member Huisking - yes Council Member Leonard - yes Council Member Martin - yes Council Member Kreibich - absent 11. Resolution Authorizing Mayor to Execute Settlement Agreement (Harley Litigation) Resolution No.: Offered by Council Member: Leonard Seconded by: Huisking WHEREAS, the Borough of Glen Rock was previously involved in a litigation matter, regarding the case Borough of Glen Rock v. Harley Davidson, et als, Docket No. BER-L ; and WHEREAS, the Borough of Glen Rock has settled the matter through mediation with Judge Mecca, and by way of this resolution authorizes the following to close the case out: 3. The Mayor be and hereby is authorized to execute the attached settlement agreement; and 4. The Borough Attorney and/or any other necessary Borough official be and hereby are authorized to execute any other documentation to resolve the said matter in accordance with the terms and conditions of the attached settlement agreement; Council Member O Hagan absent Council Member Leonard yes Council Member Huisking yes Council Member Kreibich - absent Council Member Martin - yes Council Member Morieko yes 11

12 12. Resolution Appointing Environmental Commission Alternate Member (S. Hutchins) Resolution No Offered by Council Member Leonard Seconded by Council Member Huisking COMMUNICATION FROM THE MAYOR Ladies and Gentlemen of the Council: With your advice and consent I hereby made the following statutory appointments to the various Boards of the Borough of Glen Rock for the year ENVIRONMENTAL COMMISSION 7 member board Alternate Member 1-2 year term Members of the Committee Sarah Hutchins Alternate member 8/22/2018 to 12/31/2019 Council Member O Hagan absent Council Member Huisking yes Council Member Leonard yes Council Member Martin yes Council Member Kreibich - absent Motion to accept consent agenda by Council Member Leonard Seconded by Council Member Huisking Roll Call: Council Member O Hagan absent Council Member Martin yes Council Member Huisking yes Council Member Leonard yes Council Member Kreibich - absent 4. Swearing in of new Detective and Special Officers Chief Ackermann commented Det. Doney has been a part of the department since Prior to his service here Det. Doney served on the NJIT Campus Police. Training began 6 months ago and is with great pleasure to nominate him for the position. Detective Lucas Doney sworn in by Chief Dean Ackermann. Chief Ackermann introduced Fr. Sean Manson who has been very supportive of the law enforcement community and recognized Chief Anthony Jannicelli of the Woodcliff Lake Police Department who was in attendance. 12

13 Lt. McInerney spoke on behalf of Local 110, since the passing of Rev. Spencer, Fr. Sean has been very supportive of the department and very proud to have him as the Chaplain. Chief Ackermann thanked Fr. Sean for accepting role due the passing of Rev. Spencer who served for 20 years. Chaplain Fr. Sean Manson sworn in by Mayor Packer. Special Police Officer Class 1 Tony York, Jr. sworn in by Mayor Packer. Special Police Officer Class 1 William Pettit sworn in by Mayor Packer. Chief Ackermann welcomed the new officers and will be begin basic training. They will be seen in the community starting early next year. Special Officer Angie Oliva starting in September will be full time as parking enforcement. Also thanked Mayor and Council for their support for bringing on all new members of the department and recognizing Lt. Chris McInerney. Mayor Packer thanked all of the families for their support. 5. MOTIONS Departmental Reports Council member Huisking Nice evening honoring the Police Departments new promotions, hires and milestones. Tomorrow Glen Rock TV will air a video prepared by Rick Van Rumpt, Chief Ackermann and several others who have put together a video commemorating the history of the department in honor their 100 years of service. Council member Leonard Congratulated Sean Eagan on receiving status of Eagle Scout and on his project at the Hermitage. He is enrolled at San Diego State and will honor him when he returns. Council member Morieko As Chair of public safety congratulated Lt. McInerney on his accomplishments and dedication to the department and the community. Congratulated Det. Doney and the 2 new officers. Fire Department calls were summarized for the month of July, responded to 43 alarms with hours of service, 2 drills and 8 extra duties with total time served volunteer hours. Thanked Doug Sadowski of the Fire Department who has been organizing a citizen s fire academy this fall beginning October 2 nd for 6 weeks, 1 day a week for 2 hours. This is not an obligation to go on to fire school it is only an introduction, enrollment is still open. The Fire Dept. ISO Rating has been moved up from a 4 to 3 which is the highest a volunteer department can achieve and congratulated them. As a result, commercial business owners should have a reduction in their fire insurance rates. Pancake breakfast will be September 30 th. Library 2 new museum passes have been added, Museum of Natural History and New York Transit. Congratulated the staff and friends of the Library for the incredible summer programming. The Library had 849 Monday evening attendees, 2,261 participants in events, 4,710 hours were logged by participants, 174 attended Shark Magic Show, 1,500 prizes and raffle tickets were given to those who read over 3 hours per week. Planning Board meeting was cancelled due to applications and September meeting is cancelled as well with the next meeting October 4 th at 7:30pm. Coffee with a Cop will be held September 22 nd 10am-1pm at Main Line Train Station. Council member Martin - Friends of the Arboretum held a meeting on Monday with a planning session at which short and long-term goals were discussed. The Arboretum s website has a lot of information and events listed. There has been a lot of thought regarding rules and regulations for renting the facility or grounds, changes have been to the limit number of attendees at an event to 50. As the Arboretum grows encouraging volunteers to join. The Shade Tree Advisory Committee meet this month and reviewed the planting report. During the fall there will be 135 trees planted due to 13

14 severe winter 2017 planting was delayed so it will continue this fall along with 2018 plantings. The Borough has hired a Forestry Planner to create a tree inventory. This will help maintain the trees and the condition of the trees it also a means for Sustainable NJ. The beetle invasion of Ash trees is imminent, and the Committee is recommending if you have an Ash tree not to cut it down or kill it in the hope some trees will be resistant. The Shade Tree Advisory Committee is looking for 2 alternate members. Motion to accept reports as filed: Motion by Council Member Martin Seconded by Council Member Morieko Roll Call: Council Member O Hagan absent Council Member Martin yes Council Member Huisking yes Council Member Leonard yes Council Member Kreibich - absent 6. Announcements Mayor Packer today was the opportunity to open bids for the Deal Program and there were no bids the met specifications, the bidding process is now on hold and will be re-announced within the next few months. On September 11 th at 6:30pm Ceremony will be held at Memorial Park organized by GRACE. September 20 th at 7:30pm the Stigma Free Group will have a forum on anxiety in the Council Chambers. The Fall Fair has been cancelled and the Borough is working with Chamber to organize an alternate event on September 30 th, at work session Council did approve, still working on a plan. The Fire Department is holding their Annual Pancake Breakfast on September 30 th. 7. ORDINANCES Ord. # 1792 Final Reading - AN ORDINANCE AMENDING THE CODE OF THE BOROUGH OF GLEN ROCK, CHAPTER 158, ENTITLED PEDDLING AND SOLICTING Ordinance Procedure: # 1792 Date of Final Reading: August 22, 2018 Date of Introduction: July 25, 2018 A motion to open public discussion on Ordinance 1793 was made by Council member Morieko seconded by Council member Leonard. All were in favor. No public comments. A motion to close public discussion on ordinance 1793 was made by Council member Morieko, seconded by Council member Leonard. All were in favor. 14

15 Resolution No.: Introduced by Council Member Morieko Seconded by Council Member Leonard AN ORDINANCE AMENDING CHAPTER 158 ENTITLED PEDDLING AND SOLICITING 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. Council Member O Hagan - absent Council Member Huisking - yes Council Member Leonard - yes Council Member Martin yes Council Member Kreibich- absent SECTION 1. ORDINANCE NO BOROUGH OF GLEN ROCK BERGEN COUNTY, NEW JERSEY AN ORDINANCE AMENDING CHAPTER 158 ENTITLED PEDDLING AND SOLICITING Chapter 158 is deleted and the following is added in its place. PEDDLING AND SOLICITING Definitions. As used in this chapter, the following terms shall have the meanings indicated: PEDDLER or HAWKER A person who goes from house to house or from street to street, on foot or with a conveyance, carrying with him goods, wares or merchandise for the purpose of selling and delivering the same to customers. SOLICITOR or CANVASSER A person who, traveling by foot or by any type of conveyance, goes from house to house or from street to street and takes orders for the sale of goods, both commercial and noncommercial, or for services to be furnished or performed in the future. Such definitions shall include any person who, 15

16 for himself or for another person, leases or occupies any building, hotel room, shop or any other place within the Borough for the sole purpose of exhibiting samples and taking orders for future delivery of personal property or taking orders for future services. This definition shall not be construed to apply to soliciting or canvassing for the purpose of the sale of personal property at wholesale to retailers of such articles. NONPROFIT ORGANIZATION Nonprofit organization shall mean (1) any organization tax exempt under 501(c)(3) of the Internal Revenue Code Permit required. No person shall engage in the business of a solicitor, canvasser, peddler or hawker without first obtaining a permit therefor. Permit application. A. Every applicant for a permit under this chapter shall complete, sign and verify a written application on a form furnished by the Police Department. B. The application shall state: 6. The name and description of the applicant. 7. The permanent home address of the applicant. 8. A brief description of the nature of the business and the goods to be sold or services to be rendered and, in the case of farm or orchard products, whether produced or grown by the applicant. 9. If employed, the name and address of the applicant's employer, together with credentials establishing the exact relationship. 10. The length of time for which the right to do business is desired. 11. Whether or not the applicant has been convicted of any crime or disorderly persons offense or violation of any municipal ordinance and, if so, the nature of the offense and the punishment or penalty assessed therefor. 12. If a vehicle is to be used, a description of the same, together with the state registration number, proof of insurance and other identification details. 13. If said application is for a solicitor's and canvasser's license: 16

17 (a) The place where the goods or property proposed to be sold or orders taken for the sale thereof are manufactured or produced and the proposed method of delivery. (b) The names of at least two reliable property owners of the State of New Jersey, who will certify as to the applicant's good character and business responsibility or, in lieu of the names of references, such other available evidence as to the good character and business responsibility of the applicant as will enable an investigator to evaluate properly such character and business responsibility. Filing application; photograph; food handlers. (1) The applicant shall file the completed application forms with the Police Department of the Borough. (2) At the same time, he shall permit the Police Department to take his photograph. (3) Where applicable, the applicant shall obtain and exhibit with the application a foodhandler's permit issued by the Board of Health. Investigation; waiting period; approval or disapproval. (1) The Chief of Police shall then cause an investigation to ascertain the truth of the statements made by the applicant upon his application and any such other investigation of the applicant s business and background as he deems necessary for the protection of the public good. The Chief of Police is authorized to submit applicant fingerprint cards and receive State criminal history record information from the Division of State Police/State Bureau of Identification for use in considering the suitability of all applicants covered under this section. Each applicant shall be responsible to pay any State user fees related to the processing of a criminal history check. (2) There shall be a waiting period not exceeding 30 days between the filing of the application and the issuance of the license, for the purpose of investigation by the Chief of Police. Provided however that the applicant has not delayed in providing required information. (3) If, as a result of the investigation, the business responsibility of the applicant shall be found to be unsatisfactory, the Chief of Police or Chief s designee shall provide in writing the disapproval and reasons for such disapproval and thereupon notify the applicant of the disapproval and that no license will be issued. (4) If, as a result of the investigation, the business responsibility of the applicant shall be found to be satisfactory, the Chief of Police or Chief s designee shall endorse on the original of the application his approval thereof and cause a permit to be issued. 17

18 Permit issuance; contents; records; expiration. License fees. (1) Chief of Police or Chief s Designee shall promptly notify the applicant of the approval of his application and shall issue the permit. (2) The license shall contain the following: a. The class of permit issued. b. The name and photograph of the permit holder. c. Name of the business. d. The number of the license and the amount of fee paid. e. The date of issuance of the license and the expiration date. f. The signature of the Chief of Police or Chief s designee and the Seal of the Borough. (3) All permits shall expire on December 31 of the year issued unless an earlier expiration date is indicated on the license. (4) Such permit shall, during the time such licensee is engaged in soliciting, canvassing, hawking or peddling, be worn by him constantly, on the front of his outer garment in such a way as to be conspicuous. 1) The fee for a peddler's and hawker's permit shall be $50 per annum. Each license shall terminate on the 31st day of December of the year in which it was issued. No portion of said fee shall be prorated for any part of the year. 2) The permit fee which shall be charged by the Borough for a solicitor's and canvasser's license shall be $50 per year. 3) None of the license fees provided for by this section shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a license fee is believed by a licensee or applicant for license to place an undue burden upon such commerce, he may apply to the Mayor and Council for an adjustment of the fee. Permit nontransferable; display. 1) A permit issued under this chapter shall not be transferable. 18

19 2) Each permit holder shall carry his license with him and produce it whenever called upon to do so. Noise restrictions. After 7:00 p.m., no peddler, hawker, solicitor or canvasser shall shout, cry out or use any sound device: A. Upon any public place; or B. Upon any private premises where the sound emitted is capable of being heard in any public place for the purpose of attracting attention. Use of public places; hours of operation. A. No solicitors, canvassers, peddlers or hawkers shall: (1) Have any exclusive right to any location in any public place; (2) Be permitted to operate in any congested area where his operations might impede or inconvenience the public. The judgment of a police officer shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced. B. All licenses shall be valid to operate on Monday through Saturday only between the hours of 9:00 a.m. and 9:00 p.m., except peddlers of food who shall be permitted to operate from 9:00 a.m. until dusk seven days a week, subject to approval of the Board of Health. Enforcement. Any police officer or special police officer of the Borough may require any person seen peddling, hawking, soliciting or canvassing in the Borough to produce his peddler's and hawker's license or his solicitor's and canvassers permit and to enforce the provisions of this chapter. Failure to produce or possess said permit shall be considering a violation. Revocation of licenses; hearing. A. Permit issued under the provisions of this chapter may be revoked by the Mayor and Council, after notice and hearing, for any of the following causes: (1) Fraud, misrepresentation or false statement contained in the application for the license. 19

20 (2) Fraud, misrepresentation or false statement made by the licensee in the course of carrying on his business as solicitor, canvasser, peddler or hawker. (3) Any violation of this chapter. (4) Conviction of any crime or disorderly person's offense involving moral turpitude. (5) Conducting the business of soliciting, canvassing, peddling or hawking in an unlawful manner or in such a manner as to constitute a breach of the peace or as to constitute a menace to the health, safety or general welfare of the public. B. Notice of the hearing for revocation of a license shall be given to the licensee in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed by registered or certified mail, return receipt requested, addressed to the licensee at his last known address, at least five days prior to the date set for hearing. Appeals. A. Any person aggrieved by the action of the Chief of Police or Chief s designee in the denial of a license as provided in this chapter shall have the right of appeal to the Mayor and Council. Such appeal shall be taken by filing with the Council, within 14 days after notice of the action complained of was mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. B. The Council shall set a time and place for hearing of such appeal, and notice of such hearing shall be given to the appellant. C. The decision and order of the Council on such appeal shall be final and conclusive. Violations and penalties. Any person found guilty of violating this article shall be subject to a penalty consisting of a fine or imprisonment, or both, subject to the discretion of the Judge, the maximum of which shall be the maximum fine or term of imprisonment permitted to be imposed by the court having jurisdiction over the violation of this article; provided, however, that the fine shall not be less than $100 nor more than $2,000 per offense and the prison term shall not exceed 90 days in accordance with N.J.S.A. 40:49-5. Exclusion provisions. This article shall not include the following persons, who are expressly exempt from its application: 20

21 A. Any person honorably discharged from the military service of the United States possessing a peddler's license issued in conformity with N.J.S.A. 45: B. Any person who is an exempt fireman as defined by N.J.S.A. 45:24-9 and 24-10, possessing corresponding identification in conformity with said statute. C. Any person holding a solicitation license or permit issued under any legislation of the United States government or by a state agency pursuant to statute. D. Any person who conducts a sale pursuant to statute or court order. E. Persons selling or soliciting in behalf of churches, charities, fraternal organizations, philanthropic organizations, non-profit and municipal organizations. F. Any person engaging in the advocacy of noncommercial or not-for-profit causes, whether or not in connection with a larger organization, or engaging in spontaneous speech, including, but not limited, to speech between neighbors. G. Campaigning for any elected public office or public question, which is to be voted upon in the Borough of Glen Rock at a general, special, primary or school board election, or in a local, State or national election; H. Any representative, including agents or other third parties, employed by a public utility recognized by the New Jersey Board of Public Utilities and doing business in the Borough of Glen Rock. I. Persons selling or soliciting orders for the sale of milk, dairy products, vegetables, poultry, eggs and other farm and garden produce. SECTION 2. All other parts, portions and provisions of Chapter 158 of the Borough of Glen Rock Code, be and the same, are hereby ratified and confirmed, except where inconsistent with the terms thereof. In the event of any such inconsistency, the terms of this Ordinance shall be deemed to govern. SECTION 3. The terms of this Ordinance are hereby declared to be severable; should any part, portion or provision hereof be declared invalid or unconstitutional, said finding shall not affect any other part, portion or provision thereof. 21

22 SECTION 4. This Ordinance shall take effect immediately upon final passage and publication according to law. Ord. #1794 First Reading - AN ORDINANCE AMENDING CHAPTER 184 ENTITLED SOLID WASTE Ordinance Procedure # 1794 Date of Introduction: August 22, 2018 Council Resolution # Introduced by Council Member Martin Seconded by Council Member Leonard Be It Resolved by the Borough Council of the Borough of Glen Rock AN ORDINANCE AMENDING CHAPTER 184 ENTITLED SOLID WASTE 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 September 12, 2018 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. Council Member O Hagan absent Council Member Huisking - yes Council Member Leonard - yes Council Member Martin - yes Council Member Kreibich - absent ORDINANCE NO BOROUGH OF GLEN ROCK BERGEN COUNTY, NEW JERSEY AN ORDINANCE AMENDING CHAPTER 184 ENTITLED SOLID WASTE 22

23 SECTION 1. Chapter 184 is amended and the following new section is added. Noise restrictions. Any commercial solid waste pick up company is restricted from engaging in such activity between the hours of 8:00pm and 6:00am. Enforcement. Any police officer, special police officer or building department official of the Borough is authorized to enforce the terms and conditions of this chapter. Violations and penalties. Any person found guilty of violating this article shall be subject to a penalty consisting of a fine or imprisonment, or both, subject to the discretion of the Judge, the maximum of which shall be the maximum fine or term of imprisonment permitted to be imposed by the court having jurisdiction over the violation of this article; provided, however, that the fine shall not be less than $100 nor more than $2,000 per offense and the prison term shall not exceed 90 days in accordance with N.J.S.A. 40:49-5. SECTION 2. All other parts, portions and provisions of Chapter 184 of the Borough of Glen Rock Code, be and the same, are hereby ratified and confirmed, except where inconsistent with the terms thereof. In the event of any such inconsistency, the terms of this Ordinance shall be deemed to govern. SECTION 3. The terms of this Ordinance are hereby declared to be severable; should any part, portion or provision hereof be declared invalid or unconstitutional, said finding shall not affect any other part, portion or provision thereof. SECTION 4. This Ordinance shall take effect immediately upon final passage and publication according to law. 23

24 8. MEETING OPEN TO THE PUBLIC: (Before speaking at the meeting, each person must state their name and address. 3-minute limit) Gabriel Bullaro Would like to know how many times will the Energy Aggregation bid be sent out for proposals? Mayor Packer responded that the options are, the Council can wait until the market gets better or decide not to move forward. Each time no bids are received the Council will decide. Mr. Bullaro is concerned with the cost involved and questioned if the proposal posted online is the most current. Council member Martin clarified all expenses would be absorbed by the company offering the bid. Mr. Bullaro questioned legal fees and mailing costs. Mayor Packer responded there was an initial mailing to alert the public. There have been no additional costs no matter how many times bid goes out. Mr. Bullaro stated that $2700 was paid, will whoever wins the bid be responsible for the expense? Council member Martin responded that the mailing was paid for by Gable Associates the consultant. Mr. Bullaro would like to the amount of Larkin lawsuit settlement? Borough Attorney Suarez responded that the amount was $27,500 for legal fees. Mr. Bullaro question Council member Martin regarding the renting of the Arboretum? Council member Martin answered that the Gazebo and grounds have always been able to be rented. The new rental agreement is much more stringent than in the past and done through the Borough. Mr. Bullaro questioned who gave the authority to the Arboretum to be able to rent out facility? Mayor Packer responded that the Borough did, its Borough property and they allowed to do it with the authority of the Borough. The Borough Clerk clarified that in order to rent a location there is an application process and proof of insurance required, the Friends of the Arboretum forward the Borough a copy. Mayor Packer states the process is the same for renting the Pavilion or the Annex. Council member Martin stated that the application is handled by the Arboretum. Mr. Bullaro questioned who collects the fee? Mayor Packer responded that FOGRA receives the fee and puts in back into the Arboretum. Council member Martin stated they are a non-profit organization and is public information. Mr. Bullaro is concerned with the use of town property. 9. ADJOURNMENT Motion to adjourn the meeting into a closed session was made by Council member Morieko Seconded by Council member Leonard. All were in favor. Meeting adjourned at 9:01pm. 24

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