City Council

The Regular Meeting of the City Council of the City of Hackensack was held at City Hall, 65 Central Avenue, Hackensack, New Jersey, on Tuesday, June 16, 2009 at 6:10 p.m. Mayor Melfi called the meeting to order and the City Clerk, Debra Heck, stated: “In accordance with the Open Public Meetings Act, Chapter 231, Laws of 1975, adequate notice of this meeting was provided by sending a notice to The Record and the County Seat and by posting a copy on the Bulletin Board in City Hall.” The City Clerk called the roll: Present – Mayor Michael R. Melfi, Deputy Mayor Marlin G. Townes, Jr., Councilwoman Karen K. Sasso , Councilman Charles McAuliffe, City Attorney Joseph C. Zisa and City Manager Stephen Lo Iacono. Councilman Jorge E. Meneses was not present. Mayor Melfi asked everyone to stand for the flag salute. City Manager’s Report – Mr. Lo Iacono spoke about three issues this evening: 1) improved street lighting on Marginal Road whereby PSE&G will install additional street lights; 2) an update on grants whereby the City will receive a DOT grant to repave Kennedy Street, an Open Space grant and federal appropriations for Foschini Park, an energy grant totaling $201,700; and 3) the Johnson Park lighting project is due to go out for bid on June 25, 2009. A hearing was held on the recently introduced budget amendment. A motion was made by Deputy Mayor Townes and seconded by Councilman McAuliffe to open the hearing to the public. Mr. Lo Iacono advised that this amendment was solely for the purpose of moving figures from one account to another. Kathy Canestrino, 37 Brook Street, stated that we are already six months into the year and accordingly, six months away from January. She spoke about her fears that the deferment of three million dollars in pension payments in 2009 will result in an increase of three million dollars in the 2010 budget. Mr. Lo Iacono indicated that the payout will be spread out over years, but that the time line has not been determined yet. Mrs. Canestrino also stated that the pension payments will be for the full amount next year and that the City should be proactive in determining how this will be handled. Mayor Melfi advised that the preparation for the 2010 budget starts before January 1, 2010. Mrs. Canestrino also asked the Council if there is a plan to discuss with the public and that the City has eliminated a service. She also questioned the amount of the surplus and asked how this gap will be closed. Mr. Lo Iacono stated that the work force is being downsized and that at the present time there are twelve or thirteen positions which have not been filled. He also indicated that the motor vehicle fleet is being downsized and that shared services continue to be explored. He stated two sided copies are being made, and that there has been a savings on heat, electricity, air conditioning, etc., which is an ongoing process. Mrs. Canestrino stated that the first year of the current administration the budget rose fifteen million dollars and that prior to taking a large amount of money and looking to build an emergency facility in the park the Council should wait and see what the impact will be on the public. A motion was made by Councilwoman Sasso and seconded by Councilman McAuliffe to close the public hearing. NO. 196 -09 OFFERED BY: TOWNES SECONDED BY: MC AULIFFE Council Meeting – 6/16/09 ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 14-2009, AN ORDINANCE FIXING AND DETERMINING MUNICIPAL CLASS POSITION AND SALARY RANGES FOR CERTAIN EMPLOYEES OF THE FIRE DEPARTMENT OF THE CITY OF HACKENSACK “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move? Motion offered by Councilwoman Sasso and seconded by Councilman McAuliffe that there be a public hearing. PUBLIC HEARING Motion offered by Councilwoman Sasso and seconded by Councilman McAuliffe that the public hearing be closed. BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 14-2009 entitled : AN ORDINANCE FIXING AND DETERMINING MUNICIPAL CLASS POSITION AND SALARY RANGES FOR CERTAIN EMPLOYEES OF THE FIRE DEPARTMENT OF THE CITY OF HACKENSACK has passed its second and final reading and is hereby adopted. Roll Call: Ayes: Townes, Sasso, McAuliffe, Melfi Absent: Meneses NO. 197-09 OFFERED BY: TOWNES SECONDED BY: MC AULIFFE ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 15-2009, AN ORDINANCE AMENDING CITY ORDINANCE NO. 46-79, ARTICLE III OF CHAPTER 141, “USER CHARGE SYSTEM AND INDUSTRIAL COST RECOVERY SYSTEM” TO IMPOSE A MINIMUM ANNUAL SEWER FEE OF $10.00 “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move? Motion offered by Councilwoman Sasso and seconded by Councilman McAuliffe that there be a public hearing. PUBLIC HEARING Motion offered by Councilwoman Sasso and seconded by Councilman McAuliffe that the public hearing be closed. BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 15-2009 entitled : AN ORDINANCE AMENDING CITY ORDINANCE NO. 46-79, ARTICLE III OF CHAPTER 141, “USER CHARGE SYSTEM AND INDUSTRIAL COST RECOVERY SYSTEM” TO IMPOSE A MINIMUM ANNUAL SEWER FEE OF $10.00 has passed its second and final reading and is hereby adopted. Roll Call: Ayes: Townes, Sasso, McAuliffe, Melfi Absent: Meneses NO. 198 -09 Council Meeting – 6/16/09 OFFERED BY: SASSO SECONDED BY: MC AULIFFE INTRODUCTION OF ORDINANCE NO. 16-2009, AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 170-49.2 OF THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY, ENTITLED, “PARKING FOR THE HANDICAPPED”. BE IT RESOLVED that the above ordinance, being Ordinance 16-2009 as introduced, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held on July 14, 2009 at 7:00 p.m. or as soon thereafter as the matter can be reached at the regular meeting place of the City Council and at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance and that the City Clerk be and she is hereby authorized and directed to publish said ordinance according to law with a notice of its introduction and passage on first reading and of the time and place when and where said ordinance will be further considered for final passage. Roll Call: Ayes - Townes, Sasso, McAuliffe, Melfi Absent - Meneses NO. 199-09 OFFERED BY: TOWNES SECONDED BY: MC AULIFFE INTRODUCTION OF ORDINANCE NO. 17-2009, AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 170-49.2 OF THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY, ENTITLED, “PARKING FOR THE HANDICAPPED” TO INCLUDE THE SOUTH SIDE OF MAIN STREET FROM A POINT 42 FEET SOUTH FROM THE SOUTHWESTERLY CURB LINE OF SOUTH MAIN STREET AND TROAST STREET TO A POINT 20 FEET SOUTH THEREOF. BE IT RESOLVED that the above ordinance, being Ordinance 17-2009 as introduced, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held on July 14, 2009 at 7:00 p.m. or as soon thereafter as the matter can be reached at the regular meeting place of the City Council and at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance and that the City Clerk be and she is hereby authorized and directed to publish said ordinance according to law with a notice of its introduction and passage on first reading and of the time and place when and where said ordinance will be further considered for final passage. Roll Call: Ayes- Townes, Sasso, McAuliffe, Melfi Absent - Meneses NO. 200-09 OFFERED BY: SASSO SECONDED BY: MC AULIFFE INTRODUCTION OF ORDINANCE NO. 18-2009, AN ORDINANCE AMENDING CITY ORDINANCE NO. 39-2006 CHAPTER 170-71 E4 “RESIDENTS ONLY ON- STREET PARKING” TO PROVIDE “RESIDENT ONLY” PARKING PERMITS TO ALLOW PARKING BETWEEN THE HOURS OF 7:00 AM AND 7:00 PM FOR THE RESIDENTS RESIDING ON PORTER STREET BE IT RESOLVED that the above ordinance, being Ordinance 18-2009 as introduced, does now pass on first reading and that said Ordinance shall be considered Council Meeting – 6/16/09 for final passage at a meeting to be held on July 14, 2009 at 7:00 p.m. or as soon thereafter as the matter can be reached at the regular meeting place of the City Council and at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance and that the City Clerk be and she is hereby authorized and directed to publish said ordinance according to law with a notice of its introduction and passage on first reading and of the time and place when and where said ordinance will be further considered for final passage. Roll Call: Ayes- Townes, Sasso, McAuliffe, Melfi Absent - Meneses NO. 201-09 OFFERED BY: TOWNES SECONDED BY: MC AULIFFE INTRODUCTION OF ORDINANCE NO. 19-2009, AN ORDINANCE AMENDING CHAPTER 170-49, SECTION (B) (1) “MONTHLY PARKING” TO PROVIDE A SURCHARGE FOR LATE PAYMENTS BE IT RESOLVED that the above ordinance, being Ordinance 19-2009 as introduced, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held on July 14, 2009 at 7:00 p.m. or as soon thereafter as the matter can be reached at the regular meeting place of the City Council and at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance and that the City Clerk be and she is hereby authorized and directed to publish said ordinance according to law with a notice of its introduction and passage on first reading and of the time and place when and where said ordinance will be further considered for final passage. Roll Call: Ayes- Townes, Sasso, McAuliffe, Melfi Absent - Meneses NO. 202-09 OFFERED BY: SASSO SECONDED BY: MC AULIFFE INTRODUCTION OF ORDINANCE NO. 20-2009, AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 93 OF THE RECYCLING CODE BE IT RESOLVED that the above ordinance, being Ordinance 20-2009 as introduced, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held on July 14, 2009 at 7:00 p.m. or as soon thereafter as the matter can be reached at the regular meeting place of the City Council and at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance and that the City Clerk be and she is hereby authorized and directed to publish said ordinance according to law with a notice of its introduction and passage on first reading and of the time and place when and where said ordinance will be further considered for final passage. Roll Call: Ayes- Townes, Sasso, McAuliffe, Melfi Absent - Meneses NO. 203-09 Council Meeting – 6/16/09 OFFERED BY: TOWNES SECONDED BY: MC AULIFFE ________________________________________________________________ BE IT RESOLVED by the City Council of the City of Hackensack that the bills in the following accounts be and are hereby ordered paid: Current Fund $ 1,987,463.88 Escrow 86,319.40 Grants 2,544.00 Payroll 130,488.07 Self Insurance 14,910.60 Public Parking 8,715.41 Capital 61,592.47 Trust Account 24,780.00 Roll Call: Ayes - Townes, Sasso, McAuliffe, Melfi Absent - Meneses “The City Clerk announces that the following items are considered to be routine in nature and will be enacted in one motion; any items requiring expenditure are supported by a Certification of Availability of Funds; any item requiring discussion will be removed from the Consent Agenda; all Consent Agenda items will be reflected in full in the minutes including any exceptions and/or additions.” NO. 204-09 OFFERED BY: SASSO SECONDED BY: MC AULIFFE BE IT RESOLVED by the governing body of the City of Hackensack that the following individuals be appointed to the Planning Board as alternate members for terms to expire December 31, 2012: Stephen Pace, 310 Elm Avenue and Robert Coles, 424 Sutton Avenue. Roll Call: Ayes – Townes, Sasso, McAuliffe, Melfi Absent - Meneses NO. 205-09 OFFERED BY: SASSO SECONDED BY: MC AULIFFE _______________________________________________________________ BE IT RESOLVED, by the City Council of the City of Hackensack that the proper officers be and are hereby authorized to make the following refunds for the reasons stated: Amount Block Lot Name Year Reason $ 2,055.00 13 12 Thomas, Judy & Richardson, Robert 2009 Dup. Pmt. 2,579.50 232 15 Michael A. Vespasiano, Attorney Trust Account 2005 STB 2,755.50 232 55 Michael A. Vespasiano, Attorney 2006 STB Trust Account 3,414.00 27.02 39 Davies, Jude 2009 Dup. Pmt. 597.00 421 30 Beyer, David E. 2007 STB 1,922.90 72 23 Michael A. Vespasiano, Attorney Trust Account 2005 STB 2,054.10 72 23 Michael A. Vespasiano, Attorney Council Meeting – 6/16/09  Trust Account 2006 STB 2,505.00 303 18 Michael I. Schneck, Trustee for 157 Main St. Assoc., LLC 2006 STB 1,503.00 42 25.03 Daniel J. Pollak, Attorney for Suzanne Winkler, et al 2006 STB 1,847.86 46.02 1 Daniel G. Keough, Attorney for Donald E. Kuder, et al 2005 STB 1,973.94 46.02 1 Daniel G. Keough, Attorney for Donald E. Kuder, et al 2006 STB 4,453.62 304 5 John B. Newman, Attorney for Armour Realty LLC 2007 STB 4,693.08 304 5 John B. Newman, Attorney for Armour Realty LLC 2008 STB 3,602.19 529 12 Peter J. Zipp, Attorney for Oak Street 2001 LLC 2006 STB 1,597.00 341 8,C0S9F Fink, Michael 2009 Dup. Pmt. Roll Call: Ayes- Townes, Sasso, McAuliffe, Melfi Absent – Meneses NO. 206-09 OFFERED BY: SASSO SECONDED BY: MC AULIFFE BE IT RESOLVED by the governing body of the City of Hackensack that City Manager Stephen Lo Iacono is hereby authorized to sign an agreement with the Upper Main Alliance to allow city employee Albert Dib to work as interim Executive Director of the Upper Main Alliance until December 31, 2009; and BE IT FURTHER RESOLVED that as per the terms of the Agreement, Albert Dib will perform twenty hours of work per week for the Upper Main Alliance and the Upper Main Alliance will reimburse the City of Hackensack for his time. Roll Call: Ayes – Townes, Sasso, McAuliffe, Melfi Absent – Meneses NO. 207- 09 OFFERED BY: SASSO SECONDED BY: MC AULIFFE _______________________________________________________________ WHEREAS, bids were advertised to be received on May 5, 2009 for the Removal of Brush, Wood Chips and Tree Logs; and WHEREAS, bids were received from Environmental Revival, LLC, Andy Matt, Inc., Grinnell, Nature’s Choice Corp and Future Sanitation, Inc.; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council that the contract for the Removal of Brush, Wood Chips and Tree Logs be awarded to Environmental Renewal, LLC, 27 Andrews Drive, West Paterson, New Jersey, 07424 for the contract price of $365.00 per each container beginning July 1, 2009 and terminating June 30, 2012; BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in account #9-01-201-26-313-313-276 of the Current Fund and will be available in future budgets. Council Meeting – 6/16/09  Roll Call: Ayes – Townes, Sasso, McAuliffe, Melfi Absent - Meneses NO. 208-09 OFFERED BY: SASSO SECONDED BY: MC AULIFFE ________________________________________________________________ BE IT RESOLVED by the City Council of the City of Hackensack that the following liquor licenses be issued in the City of Hackensack, effective July 1, 2009 through June 30, 2010, applicants having complied with the ordinances of the City of Hackensack and any special conditions which may be determined by the City Council, and having paid the required fee: 0223-33-004-005 Palcan Inc. $1,250.00 160 Prospect Avenue 0223-33-006-001 Carvet, Inc. $1,250.00 250 Essex Street 0223-33-007-002 Charles & Paul Riviera Lounge, Inc. $1,250.00 308 – 310 Main Street 0223-33-008-008 Apple Food Service of Hackensack LLC $1,250.00 450 Hackensack Avenue 0223-33-009-011 JAG, LLC $ 1,250.00 77 Hudson Street 0223-32-010-011 Morton’s of Chicago/Hackensack LLC $1,250.00 274 Riverside Square 0223-33-012-003 Continental Hackensack, Inc. $1,250.00 407 Hackensack Avenue 0223-33-013-007 The Poitin Stil (BSPJ) $1,250.00 774 Main Street 0223-44-014-002 Wine Land, Inc. $ 940.00 410 River Street 0223-33-015-007 General Poors Tavern $1,250.00 45 Main Street 0223-44-016-003 R & C Delicatessen & Liquors (Parisi’s) $ 940.00 89 South State Street 0223-33-017-001 Majestic Lodge Elks 153 IBPOE of W $1,250.00 351 First Street 0223-33-018-001 Hackensack BPO Elks #658 $1,250.00 37 Linden Street 0223-44-019-005 Simon Sez $ 940.00 281 State Street 0223-33-020-004 The Chit Chat Diner (Konfra) $1,250.00 515 Essex Street Council Meeting – 6/16/09 0223-33-021-002 Cubby’s Inc. $1,250.00 249 S. River Street 0223-44-023-005 Georges Liquors $ 940.00 130 Anderson Street 0223-44-025-004 HWK Marketing Inc. $ 940.00 387 Route 17 South 0223-33-026-004 Brooklyn’s Coal Burning Brick Oven Pizzeria $1,250.00 161 Hackensack Avenue 0223-33-028-010 Yusuwan Enterprises Inc. $1,250.00 261 Main Street 0223-44-030-005 Hackensack Liquor Inc. $ 940.00 159 Main Street 0223-33-031-004 Miss Lenora’s LLC $1,250.00 85 Johnson Avenue 0223-33-032-003 Lido Restaurant $1,250.00 701 Main Street 0223-44-033-004 Rojas Wines & Liquors Inc. $ 940.00 139 Hudson Street 0223-33-034-005 Club Aladdin Inc. $1,250.00 382 Main Street 0223-44-035-008 D.N. Patel (Deli Mart) $ 940.00 789 Main Street 0223-33-036-003 The Straphanger Saloon LLC $1,250.00 126 Anderson Street 0223-33-038-005 Bowler City Lounge Inc. $1,250.00 85 Midtown Bridge Approach 0223-33-040-007 Coach House Diner & Restaurant $1,250.00 Route 4 & Hackensack Avenue 0223-33-041-004 Hiliada Inc. $1,250.00 80 River Street 0223-44-042-008 Essex Street Liquors & Wines $ 940.00 214-216 Essex Street 0223-44-043-006 Western Beverages Corporation $ 940.00 80 South River Street 0223-33-044-005 Lazy Lannigan $1,250.00 604-606 Main Street 0223-33-045-006 Ichiban Inc. $1,250.00 414 Hackensack Avenue 0223-44-046-007 Hackensack Wines, Inc. $ 940.00 254-258 River Street 0223-33-047-004 The Cheesecake Factory Restaurants Inc. $1,250.00 197 Riverside Square Council Meeting – 6/16/09 0223-33-049-006 Houston’s Restaurant $1,250.00 One Riverside Square, #181 0223-33-050-008 PF Chang’s $1,250.00 One Riverside Square 0223-33-051-010 Hackensack Wings, LLC $1,250.00 41 Route 4 East 0223-33-052-003 Donnelly Restaurant Associates, Inc. $1,250.00 107-109 Anderson Street 0223-33-053-011 McCormick & Schmick’s LLC $1,250.00 175 Riverside Square 0223-44-056-006 BP Holdings LLC $ 940.00 337 Essex Street 0223-33-057-008 Roadhouse, Inc. (Green Olive) $1,250.00 455 Passaic Street 0223-33-058-001 Solaris Restaurant Inc. $1,250.00 61 River Street 0223-33-059-008 Mi Tierrita $1,250.00 252 Main Street 0223-33-060-007 Rosa Mexicano $1,250.00 Riverside Square 0223-33-061-002 Theva Foods Inc. $1,250.00 293 Polifly Road 0223-33-062-006 Green Grill $1,250.00 450 Hackensack Avenue 0223-33-063-009 Stony Hill Inn (J&B Rest. Assoc.) $1,250.00 231 Polifly Road 0223-33-064-002 Harley’s Irish Pub (Tri-Color Inc.) $1,250.00 366 River Street 0223-33-065-011 Maggiano’s Holding Corp. $1,250.00 390 Hackensack Ave. 0223-44-066-004 88 Capital Inc. $ 940.00 500 South River Street 0223-33-068-006 The Crows Nest (Corfu) $1,250.00 309 Vincent Avenue 0223-31-069-001 Craftmen’s Club of Mt Zion Lodge #50 $ 150.00 230 Passaic Street 0223-31-071-001 Hackensack Yacht Club Inc. $ 150.00 50 Shafer Place 0223-31-073-001 Oritani Field Club $ 150.00 18 E. Camden Street 0223-44-019-005 Partik, LLC $ 940.00 463 Passaic Street Council Meeting – 6/16/09  Roll Call: Ayes: Townes, Sasso, McAuliffe, Melfi Absent: Meneses NO. 209-09 OFFERED BY: SASSO SECONDED BY : MC AULIFFE WHEREAS, the Borough of Paramus applied for a FY2009 Multi-Jurisdiction Justice Assistance Grant for the purpose of funding the Recovery and Reinvestment Act of 2009; and WHEREAS, the Borough of Paramus received notice of the grant award, in the amount of $63,522; and WHEREAS, the terms of the grant mandated that Paramus act as judiciary agent submitting an application on behalf of Bergen County, Englewood, Garfield, Hackensack, Teaneck and Paramus; and WHEREAS, the Department of Justice will not release the awarded funds without an agreement between the jurisdictions regarding division of the awarded grant funds; and WHEREAS, the City of Hackensack’s funding shall be $19,999.00; and WHEREAS, the Borough of Paramus has agreed to provide for all reporting requirements which may be required by the grant; and WHEREAS, the City Attorney has reviewed all related documents to said Grant Award and advised they are acceptable and the City Manager recommends participation in the Grant. NOW, THEREFORE, BE IT RESOLVED that Mayor Michael R. Melfi is hereby authorized to execute an interlocal division of grant funds agreement with the Borough of Paramus, New Jersey. Roll Call: Ayes- Townes, Sasso, McAuliffe, Melfi Absent - Meneses NO. 210- 09 OFFERED BY: SASSO SECONDED BY: MC AULIFFE _______________________________________________________________ WHEREAS, N.J.S.A. 40A:11(5) authorizes contracting units to enter into cooperative pricing agreements; and WHEREAS, the County of Bergen has offered voluntary participation in a cooperative pricing system for the purchase of work materials and supplies; and WHEREAS, the City of Hackensack desires to participate in the County of Bergen Cooperative; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hackensack is hereby authorized to enter into a Cooperative Pricing Agreement with the County of Bergen who shall be responsible for complying with the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) and all other provisions of the revised statutes of the State of New Jersey. Roll Call: Ayes – Townes, Sasso, McAuliffe, Melfi Absent - Meneses NO. 211- 09 Council Meeting – 6/16/09 OFFERED BY: SASSO SECONDED BY: MC AULIFFE ________________________________________________________________ WHEREAS, Raintex Realty is the owner and taxpayer of certain real property known as Block 527, Lot 7.02 known as 80 Voorhis Lane; and WHEREAS, the taxpayer filed an appeal to its 2008 real property tax assessment, which matter is presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment is $1,803,700; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that this matter should be settled; and WHEREAS, said settlement is in the best interest of the City of Hackensack; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the Tax Counsel be and is hereby authorized and directed to execute any and all documents which may be necessary to effectuate the settlement of litigation entitled “Raintez Realty v. City of Hackensack”, Docket No: 000223-2008, presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $1,600,000; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a full waiver of any interest payable to the taxpayer on the refund. Roll Call: Ayes - Townes, Sasso, McAuliffe, Melfi Absent - Meneses NO. 212- 09 OFFERED BY: SASSO SECONDED BY: MC AULIFFE ________________________________________________________________ WHEREAS, 101 Zabriskie Street, LLC is the owner and taxpayer of certain real property known as Block 527, Lot 5.07, known as 101 Zabriskie Street; and WHEREAS, the taxpayer filed appeals to its 2007 and 2008 real property tax assessment which matter is presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment is $400,600; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that this matter should be settled; and WHEREAS, said settlement is in the best interest of the City of Hackensack; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the Tax Counsel be and is hereby authorized and directed to execute any and all documents which may be necessary to effectuate the settlement of litigation entitled “101 Zabriskie Street, LLC v. City of Hackensack”, Docket Nos: 010053-2007 and 010794-2008, presently pending in the Tax Court of New Jersey, so that the assessment be retained at $400,600 for 2007 and reduced to $375,000 for 2008; and Council Meeting – 6/16/09  BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a full waiver of any interest payable to the taxpayer on the refund. Roll Call: Ayes – Townes, Sasso, McAuliffe, Melfi Absent - Meneses NO. 213- 09 OFFERED BY: SASSO SECONDED BY: MC AULIFFE ________________________________________________________________ WHEREAS, 73 Main Street Associates, LLC is the owner and taxpayers of certain real property known as Block 209, Lot 28, known as 73-77 Main Street; and WHEREAS, the taxpayer filed appeals to its 2007 and 2008 real property tax assessment which matter is presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment is $1,089,200 for 2007 and 2008; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that this matter should be settled; and WHEREAS, said settlement is in the best interest of the City of Hackensack; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the Tax Counsel be and is hereby authorized and directed to execute any and all documents which may be necessary to effectuate the settlement of litigation entitled “73 Main Street Associates, LLC v. City of Hackensack”, Docket Nos: 004809- 2007 and 004839-2008, presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $900,000 for 2007 and 2008; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a full waiver of any interest payable to the taxpayer on the refund. Roll Call: Ayes – Townes, Sasso, McAuliffe, Melfi Absent - Meneses NO. 214 – 09 OFFERED BY: SASSO SECONDED BY: MC AULIFFE _________________________________________________________________ WHEREAS, New Concepts for Living, Inc. is the owner of certain real property known as Block 549, Lot 50, designated as 795-799 Main Street; and WHEREAS, the taxpayer filed appeals to its 2006 and 2009 real property tax assessments claiming tax exemption and which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the facts and case law support the granting of an exemption for tax year 2009; and WHEREAS, the City alleged that the filing for tax year 2006 was not timely filed and, therefore, subject to dismissal; and WHEREAS, following the filing of a Summary Judgment Motion to dismiss the plaintiff’s Complaint for failure to timely file the Complaint, the submission of paper in opposition by the plaintiff and the Tax Court having heard oral argument on the Motion, but before the Court rendered its opinion and decision, the parties agreed to settle the Council Meeting – 6/16/09 matter under the following terms; that the taxpayer pay to the City of Hackensack the sum of $16,077.50 representing 50% of the taxes due for 2006 plus accumulated interest through April 30, 2009; and WHEREAS, it is the recommendation of the Tax Attorney that the matter should be settled; and WHEREAS, said settlement is in the best interest of the City of Hackensack; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the Tax Counsel be and is hereby authorized and directed to execute any and all documents which may be necessary to effectuate the settlement of litigation entitled “New Concepts For Living, Inc. v. City of Hackensack”, Docket Nos: 006385- 2006 and 003538-2009, presently pending in the Tax Court of New Jersey, accepting the sum of $16,077.50 in full settlement of all claims for taxes due from the plaintiff for tax year 2006 and granting the property tax exempt status for the tax year 2009. Roll Call: Ayes – Townes, Sasso, McAuliffe, Melfi Absent - Meneses NO. 215-09 OFFERED BY: SASSO SECONDED BY: MC AULIFFE WHEREAS, N.J.S. 40A-8, as amended, provides that the budget be passed by title only at the time of public hearing if a resolution is passed by not less than a majority of the full governing body, providing that at least one week prior to the date of hearing a complete copy of the approved budget as advertised has been posted in City Hall and copies have been made available by the City Clerk to persons requiring them; and WHEREAS, these two conditions have been met; NOW, THEREFORE, BE IT RESOLVED that the budget shall be read by title only. Roll Call: Ayes – Townes, Sasso, McAuliffe, Melfi Absent - Meneses NO. 216-09 OFFERED BY: SASSO SECONDED BY: MC AULIFFE 2009 BUDGET Roll Call: Ayes – Townes, Sasso, McAuliffe, Melfi Absent - Meneses NO. 217-09 OFFERED BY: SASSO SECONDED BY: MC AULIFFE WHEREAS, the governing body of the City of Hackensack has been advised that an emergency affecting the welfare of the citizens of the City of Hackensack and the general public did occur when sewer lines collapsed at Fair and Kansas Streets and was rendered inoperable; and WHEREAS, the Project Manager notified the City Manager setting forth the circumstances regarding the emergency; and Council Meeting – 6/16/09  WHEREAS, the governing body is satisfied that an emergency did exist and that immediate action was necessary to restore the aforementioned sewer line to full operation; and WHEREAS, the cost of the repair was $6,295.04 which was a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in account #9-01-26-311-311-204, purchase order #166406. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that pursuant to N.J.S.A. 40A:11-6 which authorizes the governing body to award contracts without benefit of public bidding in emergency situations and the vendor, J. Fletcher Creamer & Son, 101 East Broadway, Hackensack, New Jersey 07601 be paid therefore. Roll Call: Ayes – Townes, Sasso, McAuliffe, Melfi Absent - Meneses NO. 218-09 OFFERED BY: SASSO SECONDED BY: MC AULIFFE _______________________________________________________________ BE IT RESOLVED by the City Council of the City of Hackensack that the proper officers be and are hereby authorized to make the following refund for the reason stated; $15.00 Payment collected for Health Department in error on receipt #32499, dated April 20, 2009, refunded to Beverly C. Ceccarelli, 1120 Berkeley Avenue, Beechwood, NJ 08722. Roll Call: Ayes – Townes, Sasso, McAuliffe, Melfi Absent - Meneses NO. 219-09 OFFERED BY: SASSO SECONDED BY: MC AULIFFE _______________________________________________________________ BE IT RESOLVED by the City Council of the City of Hackensack that the following organizations be granted permission to conduct a Raffle in accordance with the applications on file in the office of the City Clerk: RA: 1901 Hackensack University Medical Center Roll Call: Ayes – Townes, Sasso, McAuliffe, Melfi Absent - Meneses NO. 220- 09 OFFERED BY: SASSO SECONDED BY: MC AULIFFE _______________________________________________________________ Council Meeting – 6/16/09  WHEREAS, bids were advertised to be received for Onsite Municipal Elevator Inspection for the City of Hackensack on May 5, 2009; and WHEREAS, one bid was received from EIC Inspection Agency; and WHEREAS, it was recommended by the Construction Code Official, that because of the bid submitted, it would be advantageous if the bid be rejected and re- advertised for the acceptance of bids; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council that the bid for Onsite Municipal Elevator Inspection for the City of Hackensack be rejected and the Director of Purchasing re-advertise for bids on this project. Roll Call: Ayes – Townes, Sasso, McAuliffe, Melfi Absent - Meneses NO. 221 - 09 OFFERED BY: SASSO SECONDED BY: MC AULIFFE _______________________________________________________________ WHEREAS, bids were advertised to be received on May 5, 2009 for the Emergency Storm Sanitary Sewer Repairs within the City of Hackensack; and WHEREAS, eight bids were received; and WHEREAS, after review by the City Manager, Project Manager, Superintendent of Public Works and Director of Purchasing, it has been determined that these bids should be rejected because of inconclusion of the bids and readvertised. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council that the Director of Purchasing is directed to readvertise for the receipt of bids for the Emergency Storm Sanitary Sewer Repairs. Roll Call: Ayes – Townes, Sasso, McAuliffe, Melfi Absent – Meneses NO. 222-09 OFFERED BY: SASSO SECONDED BY: MC AULIFFE _______________________________________________________________ WHEREAS, the Hackensack Volunteer Ambulance Corps is a public service association comprised of volunteer members whose purpose is to provide pre-hospital emergency care to the sick and injured in our community; and WHEREAS, the Emergency Medical Technician (“EMT”) Training Fund was created by New Jersey P.L. 1992, chapter 143 (N.J.S.A. 26:2K-54 et seq.) as a dedicated, non-lapsing, revolving fund, established to reimburse any private agency, organization or entity which is certified by the Commissioner of Health and Senior Services to provide training and testing for volunteer ambulance, first aid and rescue squad personnel who are seeking EMT certification without incurring out-of-pocket personal expense and without the need for funding from their volunteer squad or municipality; and WHEREAS, the EMT Training Fund is not supported through the use of any tax money, but rather is supported by a $0.50 surcharge on each fine, penalty and forfeiture imposed and collected by the State of New Jersey for motor vehicle or traffic violations and is currently running at approximately a $1,000,000 deficit per year; and Council Meeting – 6/16/09  WHEREAS, on April 23, 2009, the Department of Health and Senior Services Office of OEMS informed the New Jersey State First Aid Council of Governor Corzine’s intention to redirect $4,000,000 from the dedicated EMT Training Fund to the general treasury of the State of New Jersey, leaving only a proposed $400,000 balance in the Fund; and WHEREAS, a $400,000 balance in the EMT Training Fund is inadequate to meet the annual training needs of the Volunteer EMT’s of this State and will result in severe cut-backs of state-paid EMT training for New Jersey’s EMS Volunteer Community; NOW, THEREFORE, BE IT RESOLVED that the City of Hackensack formally opposes Governor Corzine’s plan to transfer money from the EMT Training Fund, because of the detrimental effect this will have on the availability of EMT training for New Jersey’s Volunteer EMS Community. BE IT FURTHER RESOLVED that the City of Hackensack opposes the intended re-appropriation of monies from the dedicated EMT Training Fund, which would shift the cost of Volunteer EMT Training to the Hackensack Volunteer Ambulance Corps, the municipality and its residents. During this time of economic hardship when squads continue to see a decrease in donations, contributions, and a short fall in fund raising it is fundamentally unfair to ask those who already volunteer their time to attend training courses and answer emergency calls to pay for their own training when they already provide so much to their community. This will significantly impact the recruitment of new members as well as retention of existing members since many will not be able to pay for their training. BE IT FURTHER RESOLVED that the Governor and the Legislature of the State of New Jersey are requested not to remove any money from the EMT Training Fund and to return any money to the Fund that has already been removed for purposes other than those specified in New Jersey P.L. 1992, chapter 143. Roll Call: Ayes – Townes, Sasso, McAuliffe, Melfi Absent - Meneses NO. 223-09 OFFERED BY: SASSO SECONDED BY: MC AULIFFE BE IT RESOLVED by the governing body of the City of Hackensack that the Mayor and City Clerk are hereby authorized to execute a renewal agreement between the City of Hackensack and the Borough of River Edge for the Sewer Connection for Dinallo’s Restaurant, located in River Edge, for the period of January 1, 2010 through December 31, 2012. Roll Call: Ayes – Townes, Sasso, McAuliffe, Melfi Absent - Meneses NO. 224-09 OFFERED BY: SASSO SECONDED BY: MC AULIFFE BE IT RESOLVED by the governing body of the City of Hackensack that the late payment charge assessed to the Hackensack Housing Authority for overdue sewer charges is hereby waived. Council Meeting – 6/16/09  Roll Call: Ayes – Townes, Sasso, McAuliffe, Melfi Absent - Meneses A motion was made by Councilwoman Sasso and seconded by Councilman McAuliffe to open the meeting to the public. Mayor Melfi reminded everyone of the five minute rule. Emil Canestrino, 37 Brook Street, questioned what is happening with the Police Department. He questioned the City Manager as to whether or not he is interested in this. Mayor Melfi indicated that personnel matters are not discussed at public meetings and that the Council has been briefed on the matter. Mr. Canestrino suggested bringing in an independent third party to review the situation since the Chief is involved in the litigation. Mr. Canestrino asked the City Manager if he has inquired as to what is going on. Mr. Lo Iacono answered that he has, however, it would be irresponsible for him to comment on the matter. Mr. Canestrino stated that officers are suspended with pay for months and months and Mr. Lo Iacono indicated that the system has to run its course and personnel matters cannot be discussed. Toni Williams Haverty, 283 Berry Street, questioned whether the City had received information regarding the HUMC Cap and Mr. Lo Iacono stated that he should have the numbers by the next meeting. Regina DePasquale, 377 Parker Avenue, raised questions with reference to the e-val property, specifically how it is being funded. Mr. Lo Iacono indicated that it is being funded through the HDSRF fund which must pass through the City. He further indicated that the statute regarding this funding required that the City have some type of control and it hold the tax liens. Ms. DePasquale stated that the County Seat had said it was a collaboration and that the City had helped the developer get loans. Mr. Lo Iacono stated that the City facilitated a loan overseen by the DEP. Mayor Melfi indicated that this is a long term process which is ongoing. Debbie Labrosse, 18 Brook Street, stated that Mr. Canestrino did not ask anyone to comment on the Police department litigation. She also questioned how much taxpayer money will be spent before a third party will be brought in. She also questioned Mr. Lo Iacono as to the status of the HUMC Cap and he indicated that the meeting of the 19th had been postponed and that he should have this information by the next meeting. He also stated he had no reason to hold information back. Mrs. Labrosse questioned why the City Attorney was having meetings with apartment and condo owners and he stated that he makes himself available to residents to explain the pending planning board application for a high rise nursing home facility. Mrs. Labrosse questioned whether a traffic study has been done for the area around the proposed facility and she was advised that this is being done by the applicant which is public knowledge and that the zoning board has hired Birdsall Engineering, however a copy of the study has not been received yet. Mrs. Labrosse also wanted to know if the county will be doing a separate study since Summit Avenue is a county road. Mayor Melfi advised her that this is the county’s option. Carlos Merino, 23 Dyatt Place, stated that he had attended a meeting for “sustainable New Jersey” and explained energy grants that may be available. Mr. Lo Iacono indicated that he is not sure if the City would qualify. Janet Ricci, 35 Water Street, spoke about the flooding problem in front of her home and questioned if a determination had been made as to where the blockage is. Mr. Lo Iacono indicated that the City is trying to determine if this problem was caused by other work in the area. Ms. Ricci questioned when the problem would be fixed. Mr. Lo Iacono advised her that this problem is complicated and costly and Ms. Ricci stated that everytime it rains there is flooding. Mayor Melfi stated that he would like to receive copies of all reports in this matter and Mr. Lo Iacono stated that he would be in contact with Ms. Ricci. Council Meeting – 6/16/09  Kathy Salvo, 184 Hudson Street, spoke about the problem in the first ward with drunks and stated that she had requested a curfew years ago. She stated that the situation was better when a police officer was assigned to the area and that this is an embarrassment to the City. Mr. Lo Iacono stated that he had spoken to Chief Zisa and that they are trying to get an officer down there. Mrs. Salvo also spoke about bike riding on the sidewalk in that area. Virginia Franco, Madison Street, spoke about the parking meters by the unemployment office and also stated that some of the meters do not work. A motion was made by Councilwoman Sasso and seconded by Councilman McAuliffe to close the public portion of the meeting. The City Manager excused himself from the meeting at 7:00 p.m and Councilman Meneses arrived at the meeting at 7:00 p.m. A proclamation was presented to Mr. Duthie of the Health Care Institute of New Jersey. At this time, the Council spoke about this being Councilman McAuliffe’s last Council meeting and praised him for his guidance. Councilman McAuliffe spoke about his time on the Council, stating that he saw it as the equal of a root canal, although he would still rather have a root canal. He stated that it is a no-win situation whereby you try to do the right thing for everyone, however, someone will always be unhappy. He also stated that there had been a lot of hard feelings, name calling, etc. and that the Council faced the hard times that came to the country. However, he feels that although there are a lot of people out of work and that times are hard, it is not the Council’s fault. He stated that the Council had made the decision to defer pension payments this year in case there were taxpayers who are out of work and could not afford higher taxes. He also stated that he has lived in the City for many years and never had enemies, but that now he has enemies and they are due to the economy. Councilman McAuliffe stated that he hopes that the economy gets better and that he hopes that the residents see things a different way. He stated that the members of the Council are good people and welcomed John Labrosse as a new Council member, adding that he is sure that he will do a good job. He closed by saying that although he is glad to be out of office, it has been an experience. A motion was made by Councilwoman Sasso and seconded by Councilman McAuliffe to adjourn the meeting at 7:10 p.m. _______________________________ MAYOR MICHAEL R. MELFI _________________________________ DEPUTY MAYOR MARLIN G. TOWNES _________________________________ COUNCILMAN JORGE E. MENESES __________________________________ COUNCILWOMAN KAREN K. SASSO __________________________________ COUNCILMAN CHARLES P. MC AULIFFE _________________________________ Council Meeting – 6/16/09  DEBRA HECK, CITY CLERK Council Meeting – 6/16/09