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, February 15, 2011 at 8:10 p.m. Mayor Sasso called the meeting to order and 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.” Mrs. Heck called the roll: Present – Mayor Karen K. Sasso, Deputy Mayor Jorge E. Meneses, Councilman Marlin G. Townes, Councilman Michael R. Melfi, City Attorney Joseph C. Zisa and City Manager Stephen Lo Iacono. Councilman John P. Labrosse was absent. Mayor Sasso asked everyone to stand for the flag salute. A motion was made by Deputy Mayor Meneses and seconded by Councilman Melfi to approve the minutes of the February 1, 2011 meeting. City Manager’s report – Mr. Lo Iacono reported that the President did make a declaration which made some counties eligible for disaster aid for the December, 2010 storm. The City will submit a claim for costs which is being handled by John Niland. In addition to the December, 2010 storm, the City has spent $354,000 for snow removal, which includes salt, contracting services and labor. Costs for the December 2010 storm totaled over $150,000. Mr. Lo Iacono advised that the 5 th ward town hall meeting will be held on March 7, 2011 at 7:00 p.m. and that a mailing will be sent out tomorrow. He also said that information regarding same is posted on the web and Channel 77. Mr. Lo Iacono also advised that the reassessment process is complete and that letters have been sent out. This week meetings are being held with the reassessment company and taxpayers. The meetings should be completed by the end of the week and then the final numbers will be received from the tax assessor’s office. He also said that the budget cannot be finalized without these numbers. Mr. Lo Iacono said that a budget meeting had been held today with Councilman Melfi, Councilman Labrosse and Steven Wielkotz and that the next meeting will be in two weeks. Mr. Lo Iacono said that the legislative committee of the League of Municipalities has come up with a proposed law as a result of the July garage collapse which will tighten control over property owners of garages, decks, etc. requiring them to make certain reports to the state. NO. 65A-11 OFFERED BY: TOWNES SECONDED BY: MELFI ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 3-2011, AN ORDINANCE AMENDING CHAPTER 121 OF THE CODE OF THE CITY OF HACKENSACK ENTITLED “PEDDLING AND SOLICITING” “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move? 2/15/11  Motion offered by Deputy Mayor Meneses and seconded by Councilman Melfi that there be a public hearing. PUBLIC HEARING Motion offered by Councilman Melfi and seconded by Councilman Townes 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. 3-2011 entitled: AN ORDINANCE AMENDING CHAPTER 121 OF THE CODE OF THE CITY OF HACKENSACK ENTITLED “PEDDLING AND SOLICITING” has passed its second and final reading and is hereby adopted. Roll Call - Ayes: Townes, Meneses, Melfi, Sasso Absent: Labrosse CITY OF HACKENSACK ORDINANCE NO. 3-2011 AN ORDINANCE AMENDING CHAPTER 121 OF THE CODE OF THE CITY OF HACKENSACK ENTITLED “PEDDLING AND SOLICITING” CHAPTER 121. PEDDLING AND SOLICITING § 121-1. Definitions. § 121-2. Purpose. § 121-3. License or registration required; general conditions. § 121-4. Exemptions and exceptions. § 121-5. Application requirements. § 121-6. Fees. § 121-7. Investigation; issuance of license. § 121-8. Duties of licensee; regulations. § 121-9. Prohibited practices. § 121-10. Enforcement. § 121-11. Records. § 121-12. Suspensions and revocations; appeals. § 121-13. Expiration and renewal of license. § 121-14. Registration requirements. CHAPTER 121. PEDDLING AND SOLICITING [HISTORY: Adopted by the City Council of the City of Hackensack 2-3-1969 as Ord. No. 937. Sections 121-5, 121-6, 121-12 and 121-13 amended and §§ 121-4A(5) and 121-7B added at time of adoption of Code; see Ch. 1, General Provisions, Article I. Other amendments noted where applicable.] GENERAL REFERENCES Advertising materials — See Ch. 45. Auctions — See Ch. 54. Ice cream peddlers — See Ch. 90, Article IV. Distribution of samples — See Ch. 97, § 97-2. Licenses and permits — See Ch. 107. 2/15/11 Noise — See Ch. 112. Special sales — See Ch. 138. § 121-1. Definitions. As used in this chapter, the following terms shall have the meanings indicated: MERCHANDISE All goods, wares, toys, pictures, paintings, food, fruits, vegetables, farm products, magazines, periodicals and all kinds of articles of personal property for domestic use and orders or contracts for service, home improvement or alterations shall be considered "merchandise" within the terms of this chapter. PEDDLER Any person who goes from place to place by traveling on the streets and roads or from house to house carrying, conveying or transporting goods, wares or merchandise for the purpose of selling or delivering them to customers or seeking donations from other persons. The word "peddler" shall include the words "hawker" and "huckster." SOLICITOR Any person who goes from place to place by traveling on the streets and roads or from house to house, taking or attempting to take orders from the sale of goods, wares and merchandise or personal property of any nature whatsoever for future delivery or for services to be furnished or performed in the future, whether or not such person has, carries or exposes for sale a sample of the object to be sold and whether or not he is collecting advance payments on such sales. This definition shall not include wholesale salesmen calling on retail merchants. § 121-2. Purpose. The purpose of this chapter is to prevent fraud, crime and unethical and dishonest business practices. The fees to be charged for the issuance of licenses are not to be considered as revenue but are charged for the purpose of covering the expense of investigation and regulating the conduct of the licensees. § 121-3. License or registration required; general conditions. A. Except as otherwise provided in § 121-4 hereof, it shall be unlawful for any solicitor, hawker or peddler to sell or dispose of or to offer to sell or dispose of any goods, wares or merchandise or to solicit orders for the performance of any service or to otherwise seek funds within the corporate limits of the City of Hackensack without first obtaining a license or registering in compliance with the provisions of this chapter. B. Such license shall not be transferable from the person to whom it is issued to any other person. A separate license shall be obtained by a licensed solicitor, hawker or peddler for every agent or employee working for him in compliance with the provisions of this chapter. No license shall be issued to any applicant under the age of 15 years of age. Satisfactory proof of age must be presented to the Police Department at the time an application form is requested. § 121-4. Exemptions and exceptions. A. Exemptions. The requirements of this chapter shall not apply to the following: (1) Any public utility or its employees, which said public utility is subject to regulation by the State Board of Public Utility Commissioners; provided, however, that such employees shall display the identification badge or card issued by his employer. (2) Any person engaged in the delivery of goods, wares or merchandise or other articles or things in the regular course of business to the premises of persons who 2/15/11  had previously ordered the same or were entitled to receive the same by reason of a prior agreement. (3) Any person engaged in the act of delivering newspapers. (4) Any person or persons employed by a licensed insurance company duly authorized to do business in the City of Hackensack. (5) Food and beverage peddlers who are required to get a permit from the Health Department. Editor's Note: For provisions as to permits for food and beverage peddlers, see Ch. 90, Food and Drink, Articles I and IV. [Added 4-15-1974 by Ord. No. 1-74] B. Exceptions. The requirements of §§ 121-5, 121-6 and 121-7 of this chapter shall not apply to the following: 1) 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. 45:24-9 and 24-10. (2) Any person who is an exempt fireman of a volunteer fire department as defined in N.J.S.A. 45:24-9 and 24-10, possessing a license in conformity with said law. (3) Any person selling fruits and farm products grown by himself, with or without the help of others. (4) Any person, firm, partnership, corporation, association or any other organization, or any principal or agent thereof, who is engaged in interstate commerce as defined by federal and state court decisions. § 121-5. Application requirements. [Amended 4-15-1974 by Ord. No. 1-74] A. Every applicant for a license issued pursuant to this chapter shall comply with the provisions of Chapter 107, Licenses and Permits. B. Every applicant for a license under this chapter shall file with the Police Department a sworn written application, in duplicate, on a form to be furnished by said Police Department, which shall comply with all the requirements of § 107-6 of said Chapter 107 and, in addition, shall give or be accompanied by the following: (1) Full local address of the applicant, together with said applicant's telephone number. (2) A brief statement of the nature of the business and a description of the merchandise or service to be sold. (3) If employed, the name and address of the employer, together with credentials establishing the exact relationship. (4) The length of time for which the license is desired. (5) If a vehicle is to be used, a description of such vehicle and its license number. (6) The place where the goods or property to be sold or offered for sale are manufactured or produced, where such goods or property are located at the time such application is filed and the proposed method of delivery. 2/15/11 § 121-6. Fees. At the time the application is filed, a fee in the amount set forth in Chapter 107, Licenses and Permits, shall be paid to the Police Department to cover the cost of processing the application and investigating the facts stated therein. An additional fee shall be paid for the separate license required for every agent or employee working for a licensed solicitor, hawker or peddler. § 121-7. Investigation; issuance of license. A. When the aforesaid application is properly filled out and signed by the applicant, the original and duplicate thereof shall be filed with the Police Department; said Department shall refer the original to the Chief of Police, who shall make or cause to be made such investigation of the applicant's business responsibility and moral character as he deems necessary for protection of the public good. (1) If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on such application his disapproval and his reasons therefor and shall notify the applicant that the application is disapproved and that no license shall be issued. Any determination by the Chief of Police that an application is unsatisfactory shall be based on one or more of the following findings with respect to the applicant: (a) Conviction of a crime involving moral turpitude. (b) Prior violation of a peddling or soliciting ordinance. (c) Previous fraudulent acts or conduct. (d) Record of breaches of solicited contracts. (e) Concrete evidence of bad character. In the absence of any such finding, the Chief of Police shall find the application satisfactory. (2) If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse on the application his approval, execute a license addressed to the applicant to conduct the business applied for and issue the license to the applicant. Such license shall contain the signature of the issuing officer and shall show the name, address and photograph of the licensee, the class of license issued, the kind of goods or services to be sold thereunder, the date of issue, the length of time the license shall be operative and the license number and other identifying description of any vehicle used in the peddling or soliciting activity licensed. B. The investigation of the applicant and issuance of the license shall also comply with the provisions of Article III of Chapter 107, Licenses and Permits, insofar as such provisions are not inconsistent herewith. [Added 4-15-1974 by Ord. No. 1-74] § 121-8. Duties of licensee; regulations. A. Every holder of a license issued by the Police Department under the authority of this chapter or by the Clerk of the County of Bergen under the authority of N.J.S.A. 45:24-9 shall be required to carry such license with him while engaged in the business or activity licensed within the corporate limits of the City of Hackensack. He shall produce such license at the request of any official of said city or of any resident of said city with whom he wishes to conduct his said business or activity. 2/15/11  B. Every such licensee, and every person referred to in § 121-4B, shall restrict his selling or soliciting activity within the City of Hackensack to the hours between 9:00 a.m. and 9:00 p.m., prevailing time, on Monday through Saturday. [Amended 3-16-1987 by Ord. No. 5-87] C. On each day of such activity, the licensee shall notify the officer in charge of the desk immediately before commencing his selling or soliciting activity and immediately after completing said activity. Such notification shall include a statement as to the general area of the City of Hackensack in which the licensee, as well as every person referred to in § 121-4B, intends to conduct or has conducted the said activity. § 121-9. Prohibited practices. A. No peddler or solicitor shall call attention to his business or to merchandise by crying out, blowing a horn, ringing a bell, other than the doorbell of a building, or by any other loud or unusual noise. Editor's Note: See also Ch. 112, Noise, Article I. [Amended 7-20-1987 by Ord. No. 16-87] B. No peddler or solicitor shall conduct or attempt to conduct his business at any residence or on any property on which is posted a sign indicating that such peddling and soliciting is prohibited. C. It shall be unlawful for any person engaging in the business of peddling or soliciting to park any vehicle within the lines of any public street, road or other public place, for the purpose of engaging in such business, for a period longer than five minutes. No such vehicle used for the conducting of the business aforesaid shall be parked at any on-street or off-street parking meter space. Peddlers and solicitors are to conduct their operation by continuously moving from location to location. [Added 9-15-1975 by Ord. No. 22-75] § 121-10. Enforcement. It shall be the duty of any police officer of the City of Hackensack to enforce the provisions of this chapter and to require any person seen peddling or soliciting who is not known by such officer to be duly licensed to produce his peddler's or solicitor's license. § 121-11. Records. The Police Department shall maintain a record of all licenses issued under the provisions of this chapter and shall record therein all convictions for violations of this chapter and other pertinent circumstances and incidents reported to said Police Department. § 121-12. Suspensions and revocations; appeals. [Amended 4-15-1974 by Ord. No. 1-74] Licenses issued under the provisions of this chapter may be revoked or suspended by the City Manager as provided in Article VII, Chapter 107, Licenses and Permits, and such revocation or suspension shall be subject to appeal as provided in said Article VII. § 121-13. Expiration and renewal of license. [Amended 4-15-1974 by Ord. No. 1-74] All licenses issued under the provisions of this chapter shall expire one year after the date of issuance of said license. Any such license may be renewed by payment of an additional registration fee equal to the original fee paid for said license and upon compliance with the provisions of § 107-16 of Chapter 107, Licenses and Permits. 2/15/11 § 121-14. Registration requirements. [Added 7-20-1987 by Ord. No. 16-87] A. Peddlers and solicitors who are exempt from the application, fee and license requirements of this chapter as cited in § 121-4B shall register with the Police Department prior to initiation of the peddling or soliciting, providing the following information: (1) The full name, local address and telephone number of the registrant. (2) The name and address of the agency or organization to which the registrant is affiliated and a brief description of its purpose. (3) The duration of time during which peddling or solicitation will occur, and the locations within the city where the activity will occur. (4) If a vehicle is to be used, a description of such vehicle and its license number. B. This information will be retained on file with the Police Department and will be made available to any person who shall inquire of the Police Department. The Chief of Police may have the registered information verified in order to ensure its accuracy and in order to protect the public good. If this verification should indicate that this information is not correct, the Chief of Police or his designee shall contact the registrant and advise him that he cannot solicit or peddle on the city streets until such time as the correct information is provided to the satisfaction of the Chief of Police. NO. 66 -11 OFFERED BY: MELFI SECONDED BY: TOWNES ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 4-2011, AN ORDINANCE REPEALING CHAPTER 111 OF THE CODE OF THE CITY OF HACKENSACK ENTITLED “NEWSRACKS” “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move? Motion offered by Deputy Mayor Meneses and seconded by Councilman Townes that there be a public hearing. PUBLIC HEARING – Len Nix asked if the public will be able to look at the old ordinance and the City Attorney advised that it has flaws in it and that a new ordinance is in the process of being prepared. Therefore, in the interim, the old ordinance is being repealed. Mr. Nix asked if the new ordinance will be challenged due to freedom of speech and said that no one should be able to use the public right of way. Regina DiPasqua, Parker Avenue, said that it doesn’t sit right with her to repeal an ordinance without being prepared to introduce another in its place. Ms. DiPasqua also said that the old ordinance was not being enforced. Mr. Zisa again said that he prefers not to have an ordinance on the books that is not enforceable and that it is more appropriate to have it repealed and redrafted. Motion offered by Councilman Melfi and seconded by Councilman Townes that the public hearing be closed. 2/15/11  BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 4-2011 entitled: AN ORDINANCE REPEALING CHAPTER 111 OF THE CODE OF THE CITY OF HACKENSACK ENTITLED “NEWSRACKS” has passed its second and final reading and is hereby adopted. Roll Call - Ayes: Townes, Meneses, Melfi, Sasso Absent: Labrosse CITY OF HACKENSACK ORDINANCE NO. 4-2011 AN ORDINANCE REPEALING CHAPTER 111, “NEWSRACKS” OF THE CODE OF THE CITY OF HACKENSACK BE IT ORDAINED, by the City Council of the City of Hackensack, in the County of Bergen and State of New Jersey as follows: Chapter 111 “Newsracks” is hereby repealed in its entirety. This Ordinance shall take effect after publication of a Notice of Final Adoption as required by law. NO. 67 -11 OFFERED BY: MELFI SECONDED BY: TOWNES ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 5-2011, AN ORDINANCE AMENDING CHAPTER 170-50, SCHEDULE I: TIME LIMIT PARKING OF THE CODE 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 Councilman Melfi and seconded by Deputy Mayor Meneses that there be a public hearing. PUBLIC HEARING – Len Nix said that there is no parking there now and Mr. Zisa said that parking was taken away in this area when there was construction going on and now the Council is passing the ordinance to make it official. Motion offered by Councilman Melfi and seconded by Councilman Townes 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. 5-2011 entitled: AN ORDINANCE AMENDING CHAPTER 170-50, SCHEDULE 1: TIME LIMIT PARKING OF THE CODE OF THE CITY OF HACKENSACK has passed its second and final reading and is hereby adopted. Roll Call - Ayes: Townes, Meneses, Melfi, Sasso Absent: Labrosse 2/15/11  CITY OF HACKENSACK ORDINANCE NO. 5-2011 AN ORDINANCE AMENDING CHAPTER 170-50, SCHEDULE I: TIME LIMIT PARKING OF THE CODE OF THE CITY OF HACKENSACK BE IT ORDAINED, by the City Council of the City of Hackensack, in the County of Bergen and State of New Jersey, as follows: Schedule I: No Parking In accordance with the provisions of Section 170-50, no person shall park a vehicle upon any of the following streets or parts of streets: Name of Street Sides Location Atlantic Street North Prospect Avenue to Railroad Avenue Atlantic Street South Prospect Avenue to Railroad Avenue Section II It is the express intent of this Ordinance to prohibit parking on the north and south sides of Atlantic Street from Prospect Avenue to Railroad Avenue. Section III If any part or parts of this Ordinance are for any reason held to be invalid, such adjudication shall not affect the validity of the remaining portions of this Ordinance. Section IV All Ordinances or parts of Ordinances, which are inconsistent herewith are repealed, but only to the extent of such inconsistency. All other parts of Chapter 170-50 not inconsistent are herewith ratified and confirmed. Section V This article shall become effective immediately upon its final passage and publication as required by law. NO. 68 -11 OFFERED BY: MENESES SECONDED BY: MELFI ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 6-2011, AN ORDINANCE AMENDING CHAPTER 170-50, SCHEDULE I: TIME LIMIT PARKING OF THE CODE OF THE CITY OF HACKENSACK TO PROVIDE “RESIDENT ONLY” ON STREET PARKING PERMITS FOR THE RESIDENTS OF SUMMIT AVENUE, FROM CENTRAL AVENUE TO PASSAIC STREET “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move? Motion offered by Deputy Mayor Meneses and seconded by Councilman Melfi that there be a public hearing. 2/15/11  PUBLIC HEARING - Regina DiPasqua, Parker Avenue, asked if the permits would be the same as other resident parking stickers that have previously been issued and said that if so, a resident from another section of town could park there all day long. Ms. DiPasqua said that this is not being enforced in her neighborhood. Mr. Lo Iacono said that the stickers will be unique to that area and also said that all parking regulations are enforced, however, sometimes manpower demands prevent that. Ms. DiPasqua said that there had been an abandoned vehicle on her street for five days and that it was parked there on a street cleaning day and didn’t get a ticket. Mr. Lo Iacono said that at times it is impossible to enforce everything on street cleaning days. Len Nix asked what the time limit is and was advised that it is two hours. He also complained that there would be more signs and said that when you go down Summit Avenue at night all you see are signs. He also said that the federal government is coming out with a federal sign ordinance and that the City is wasting time with signs. He asked if the ordinance can be challenged and won and whether or not you can legally enforce a residential street for certain people. He also said that the Council does stupid things. Mayor Sasso stated that this matter has been going on for some time and that the Council is adopting this ordinance as an attempt to correct the situation. Motion offered by Councilman Melfi and seconded by Councilman Townes 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. 6-2011 entitled: AN ORDINANCE AMENDING CHAPTER 170-50, SCHEDULE 1: TIME LIMIT PARKING OF THE CODE OF THE CITY OF HACKENSACK has passed its second and final reading and is hereby adopted. Roll Call - Ayes: Townes, Meneses, Melfi, Sasso Absent: Labrosse CITY OF HACKENSACK ORDINANCE NO. 6-2011 AN ORDINANCE AMENDING CHAPTER 170-71(3) “RESIDENTS ONLY ON-STREET PARKING”, TO PROVIDE “RESIDENT ONLY” PARKING PERMITS FOR THE RESIDENTS OF SUMMIT AVENUE, FROM CENTRAL AVENUE TO PASSAIC STREET BE IT ORDAINED, by the City Council of the City of Hackensack, in the County of Bergen and State of New Jersey, as follows: Section I Chapter 170-71 “Resident Parking” is amended as follows: Name of Street Location Summit Avenue From Central Avenue to Passaic Street Section II It is the express intent of this Ordinance to provide “resident only” parking permits for the residents residing on Summit Avenue between Central Avenue to Passaic Street and no vehicle which does not properly display a valid resident only parking sticker shall be permitted to park in excess of two hours between the hours of 2:00 a.m. and 7:00 p.m. 2/15/11  Section III If any part of parts of this Ordinance is for any reason held to be invalid, such adjudication shall not affect the validity of the remaining portions of this Ordinance. Section IV All Ordinances or parts of Ordinances, which are inconsistent herewith are repealed, but only to the extent of such inconsistency. All other parts of Chapter 170-71 not inconsistent are herewith ratified and confirmed. Section V This article shall become effective immediately upon its final passage and publication as required by law. This Ordinance shall take effect after publication of a Notice of Final Adoption as required by law. NO. 69-11 OFFERED BY: TOWNES SECONDED BY: MENESES INTRODUCTION OF ORDINANCE NO. 7-2011, AN ORDINANCE REPLACING IN ITS ENTIRETY ORDINANCE 33-2006, SECTION 14a-2 CIVIL ACTIONS, AND AUTHORIZING INDEMNIFICATION AND/OR DEFENSE FOR PUBLIC EMPLOYEES AND OFFICIALS OF THE CITY OF HACKENSACK, COUNTY OF BERGEN BE IT RESOLVED that the above ordinance, being Ordinance 7-2011 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 March 1, 2011 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, Meneses, Melfi, Sasso Absent: Labrosse CITY OF HACKENSACK ORDINANCE NO. 7-2011 AN ORDINANCE REPLACING IN ITS ENTIRETY ORDINANCE 33-2006, SECTION 14A-2 CIVIL ACTIONS, AND AUTHORIZING INDEMNIFICATION AND/OR DEFENSE FOR PUBLIC EMPLOYEES AND OFFICIALS WHEREAS, the City of Hackensack (the “City”) has determined that there is a need to provide indemnification and defense in certain situations where employees of the City have been subject to claims and litigation for actions arising out of their employment; and WHEREAS, N.J.S.A. 59:1-1, et seq. the New Jersey Tort Claims Act (the “Act”), limits the liability of public bodies and extends immunity from liability to public employees and officials acting within the scope of their employment; and 2/15/11  WHEREAS, N.J.S.A. 59:10-4 empowers local public entities to indemnify local public employees consistent with the Act, including indemnification for exemplary or punitive damages resulting from the civil violation of state or federal law if, in the opinion of the local governing body, the acts committed did not constitute actual fraud, actual malice, willful misconduct or intentional wrong; and WHEREAS, the Hackensack Mayor and Council desire to establish the policy of the City with regard to the indemnification and payment of claims against public employees. NOW, THEREFORE, BE IT ORDAINED AND ENACTED, by the Mayor and Council of the City of Hackensack, County of Bergen, State of New Jersey, as follows: (1) This ordinance hereby expressly adopts and incorporates all term definitions set forth in the New Jersey Tort Claims Act N.J.S.A. 59:1-3, as the definitions of any such terms included herein; (2) The City is hereby empowered to provide for the indemnification and/or defense of any legal actions or proceedings, claimed, threatened or instituted, against past or present employees of the City to the extent hereinafter set forth, and may save harmless and protect such persons from any financial loss resulting therefrom, as determined by the City; (3) The City is empowered to provide for the indemnification and/or defense of any legal action or proceeding, claimed, threatened or instituted, whenever such action or proceeding has been or shall be brought against any employee for acts or omissions arising out of and directly related to the lawful exercise of the employee’s official duties; and (4) In indemnifying or defending any such employee, the municipality may incur all costs of defending such action or proceeding, including reasonable attorneys’ fees and expenses, together with the amount owed on any settlement or final judgment, including attorneys’ fees and costs awarded to a prevailing party and costs of appeal, if required; (5) The City is empowered to provide for the indemnification of exemplary or punitive damages resulting from the civil violation of state or federal law if, in the opinion of the Mayor and Council, the acts committed did not constitute actual fraud, actual malice, willful misconduct or intentional wrong. Any such indemnification shall be by resolution of the Mayor and Council; (6) Notwithstanding anything to the contrary set forth above, the City shall not be responsible for any defense or indemnification under the following conditions; (a) if any policy of liability insurance is available for defense and/or indemnification; (b) where the employee is served with any claim, summons, complaint, process, notice, demand or pleading and the employee fails to deliver within twenty (20) calendar days of the receipt thereof, the original or exact copy thereof to the employee’s department head or the City attorney; (c) where the employee fails to fully cooperate with the City in the preparation or defense of the action or proceeding; and (d) where the employee refuses to accept representation by an attorney assigned for the employee by the City. 2/15/11  (7) This ordinance shall take effect upon final passage and publication in accordance with law and be effective and cover all present and future claims, actions, proceedings, judgments and awards. NO. 70 -11 OFFERED BY: MENESES SECONDED BY: TOWNES ________________________________________________________________ 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 $4,172,986.24 Grants 825.00 Escrow 33,310.39 Payroll 145,886.56 Self Insurance 121,878.32 Public Parking System 16,342.11 Capital 174,210.08 Trust Account 114,260.40 Roll Call - Ayes: Townes, Meneses, Melfi, Sasso Absent: Labrosse 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. 71-11 OFFERED BY: MENESES SECONDED BY: TOWNES ______________________________________________________________________ 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 $ 1,522.00 542 9.3G GMAC 2009 Erroneous pymt 822.69 319 1 Widmer Time Recorder Co.,Inc. 2010 “ “ 789.22 609 21 Homefocus Services 2009 “ “ 1,866.00 442 11,C002D Wells Fargo Real Estate Tax Service, LLC 2009 “ “ 1,944.19 352 90,C0014 Wells Fargo Real Estate Tax Service, LLC 2009 “ “ 4,650.63 73 1 Bruce S. Koppel, Attorney for William J. D’Elia et al 2007 STB 4,900.69 73 1 “ “ “ “ 2008 STB 5,176.46 73 1 “ “ “ “ 2009 STB 1,319.01 75.01 6 Carlet, Garrison, Klein & Zaretsky, LLP, Attorney for R. Giarratana et al 2008 STB 10,306.21 76 53 Andrew T. Fede, Esq. Attorney for 2/15/11  75 Essex St Associates 2007 STB 10,860.36 76 53 “ “ “ “ 2008 STB 11,471.49 76 53 “ “ “ “ 2009 STB 12,056.71 76 53 “ “ “ “ 2010 STB 5,223.75 86 5 Bruce S. Koppel, Attorney for BRD Corp 2007 STB 5,504.63 86 5 “ “ “ “ 2008 STB 5,814.38 86 5 “ “ “ “ 2009 STB 7,695.99 230 1 Bruce S. Koppel, Attorney for William J. D’Elia et al 2008 STB 8,129.05 230 1 “ “ “ “ 2009 STB 8,543.76 230 1 “ “ “ “ 2010 STB 13,777.50 310 1 Bruce J. Stavitsky, Esq. for the benefit of Bank of America 2006 STB 14,555.28 310 1 “ “ “ “ 2008 STB 19,804.32 310 1 “ “ “ “ 2009 STB 5,376.71 336 36 Law Office of Nathan P. Wolf, LLC And Koval, Howard F. & Ellen B. 2008 STB 135.53 443 24,C0032 Dente, Giselle M. 2009 Duplicate pymt Roll Call - Ayes: Townes, Meneses, Melfi, Sasso Absent: Labrosse NO. 72 -11 OFFERED BY: MENESES SECONDED BY: TOWNES ________________________________________________________________ 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: $25.00 payment collected by mail in error our receipt number 046573 on 12/13/2010. Refund to: Nicole Barone 53 Sterling Avenue Weehawken, NJ 07086 Roll Call - Ayes: Townes, Meneses, Melfi, Sasso Absent: Labrosse NO. 73 -11 OFFERED BY: MENESES SECONDED BY: TOWNES ______________________________________________________________________ WHEREAS, pursuant to an advertisement in The Record, bids were received on February 3, 2011 for Lawn Care Services 2011; and WHEREAS, two bids were received from N. Matera & Sons and Pat Scanlan Landscaping, Inc. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack award the bid for Lawn Care Services to N. Matera & Sons, 48 Old Jacksonville Road, Towaco, NJ 07082-1014, for the contract price of $9,335.00; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds will be available in account 1-01-28-375-375-234 of the Current Fund Account. 2/15/11  Roll Call - Ayes: Townes, Meneses, Melfi, Sasso Absent: Labrosse NO. 74 -11 OFFERED BY: MENESES SECONDED BY: TOWNES ________________________________________________________________ WHEREAS, pursuant to an advertisement in The Record, bids were received on February 3, 2011 for Uniform Services 2011 for The City of Hackensack Department of Public Works; and WHEREAS, one bid was received from American Wear; and NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack award the bid the Uniform Services 2011 to American Wear 261 N. 18th Street, East Orange, NJ 07017, for the contract price of $13,379.60 4/1/11-3/31/12, $13379.60 4/1/12-3/31/14; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds will be available in various current accounts in the 2011 budget and will be available in the 2012, 2013, and 2014 budget. Roll Call - Ayes: Townes, Meneses, Melfi, Sasso Absent: Labrosse NO. 75 -11 OFFERED BY: MENESES SECONDED BY: TOWNES ________________________________________________________________ WHEREAS, pursuant to N.J.S.A. 2A:170-51.4d, a New Jersey municipality may, following a hearing, make a recommendation to the Division of Taxation in the Department of the Treasury to suspend or revoke the license of a retail dealer of cigarettes for a second or subsequent violation for an underage sale of said product; and WHEREAS, CVS Pharmacy, located at 110 Main Street, Hackensack, New Jersey, is such a licensed retail dealer of cigarettes; and WHEREAS, on January 27, 2000, August 21, 2002, August 24, 2005 and October 13, 2010, the aforesaid retail dealer or agent thereby was found guilty of the offense of the sale of tobacco products to minors in the Municipal Court in the City of Hackensack (copies of Court Disposition forms are attached hereto and incorporated herein); and WHEREAS, the Mayor and Council of the City of Hackensack deem it an appropriate exercise of their duties to authorize a hearing to determine whether or not to recommend a suspension or revocation of the retail license of CVS Pharmacy, 110 Main Street, Hackensack, New Jersey. NOW, THEREFORE, BE IT RESOLVED that special hearing officer, Anthony J. Sciuto, Esq., shall conduct a hearing pursuant to N.J.S.A. 2A:170- 51.4d and shall, at the conclusion of same, advise the Mayor and Council of his findings so that an appropriate recommendation may be made; and BE IT FURTHER RESOLVED that a certified copy of this Resolution be served upon CVS Pharmacy, 110 Main Street, Hackensack, New Jersey, by the City Clerk immediately. 2/15/11  Roll Call - Ayes: Townes, Meneses, Melfi, Sasso Absent: Labrosse NO. 76 -11 OFFERED BY: MENESES SECONDED BY: TOWNES ________________________________________________________________ WHEREAS, pursuant to N.J.S.A. 2A:170-51.4d, a New Jersey municipality may, following a hearing, make a recommendation to the Division of Taxation in the Department of the Treasury to suspend or revoke the license of a retail dealer of cigarettes for a second or subsequent violation for an underage sale of said product; and WHEREAS, Ekram Salah Kandit operates a 7-11 convenience store at 290 South Summit Avenue, Hackensack, New Jersey, and is a licensed retail dealer of cigarettes; and WHEREAS, on September 15, 1999, September 29, 2004, and December 8, 2010, the aforesaid retail dealer was found guilty of the offense of the sale of tobacco products to minors in the Municipal Court in the City of Hackensack (copies of Court Disposition forms are attached hereto and incorporated herein); and WHEREAS, the Mayor and Council of the City of Hackensack deem it an appropriate exercise of their duties to authorize a hearing to determine whether or not to recommend a suspension or revocation of the retail license of Ekram Salah Kandit, 290 South Summit Avenue, Hackensack, New Jersey. NOW, THEREFORE, BE IT RESOLVED that special hearing officer, Anthony J. Sciuto, Esq., shall conduct a hearing pursuant to N.J.S.A. 2A:170- 51.4d and shall, at the conclusion of same, advise the Mayor and Council of his findings so that an appropriate recommendation may be made; and BE IT FURTHER RESOLVED that a certified copy of this Resolution be served upon Ekram Salah Kandit, 290 South Summit Avenue, Hackensack, New Jersey, by the City Clerk immediately. Roll Call - Ayes: Townes, Meneses, Melfi, Sasso Absent: Labrosse NO. 77 -11 OFFERED BY: MENESES SECONDED BY: TOWNES ________________________________________________________________ WHEREAS, Justin S. de la Bruyere, Police Officer, has requested a Leave of Absence without pay for twelve (12) weeks for personal medical reasons, under the Family Leave Act; and WHEREAS, City Manager Stephen Lo Iacono has determined that this employee be granted a twelve (12) week Leave of Absence, from Friday, January 21, 2011 to Friday, April 15, 2011. 2/15/11  NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack, that Justin S. de la Bruyere, Police Officer, be granted a twelve (12) week Leave of Absence, without pay, as requested; and BE IT FURTHER RESOLVED that a certified copy of this Resolution is forwarded to the employee’s pension system by the Chief Financial Officer. Roll Call - Ayes: Townes, Meneses, Melfi, Sasso Absent: Labrosse NO. 78 -11 OFFERED BY: MENESES SECONDED BY: TOWNES _______________________________________________________________ WHEREAS, the City of Hackensack is desirous of obtaining a Fireworks display for the City of Hackensack festivities on July 4, 2011; and WHEREAS, it is the desire of the Mayor and Council to engage the services of Bay Fireworks to perform this service; and WHEREAS, such service, being specialized and qualitative in nature, and which requires expertise, extensive training and proven reputation in this field of endeavor, are “extraordinary unspecifiable services” as that term is defined in N.J.S.A. 40A:11-2(7) and are, therefore, exempt from public bid; and WHEREAS, the Chief Financial Officer has certified that funds are available in the 2011 Budget, account 1-01-30-420-420-29W, purchase order #11-00372 in the amount not to exceed $14,250.00; and WHEREAS, the Local Public Contracts Law requires that the resolution authorizing the award of contracts for extraordinary, unspecifiable services without competitive bidding and the contract must be available for public inspection; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that: 1) The Mayor and City Clerk be and they are hereby authorized and directed to execute a contract with Bay Fireworks for the performance of the aforedescribed extraordinary, unspecifiable services. 2) This contract is awarded without competitive bidding as an extra- ordinary, unspecifiable service in accordance with N.J.S.A. 40A:11-5(i) (a)(1) of the Local Public Contracts Law. BE IT FURTHER RESOLVED, that the City Clerk be and is hereby directed to retain a copy of the contract, upon execution for public inspection and to publish a notice of this action once in The Record. Roll Call - Ayes: Townes, Meneses, Melfi, Sasso Absent: Labrosse NO. 79 -11 OFFERED BY: MENESES SECONDED BY: TOWNES ________________________________________________________________ WHEREAS, the governing body of the City of Hackensack has been advised that an emergency affecting the safety and welfare of the citizens of the City of Hackensack did occur and that emergency sanitary repairs be made to 2/15/11 replace manhole castings on Lodi Street, Green Street, Anderson Street, State Street and Berry Street; and WHEREAS, the Department of Public Works notified the City Manager setting forth the circumstances regarding the emergency; and WHEREAS, the governing body is satisfied that an emergency exists and that immediate action is necessary to restore the aforementioned; and WHEREAS, the total cost of repair is $4,227.27, which was a fair and reasonable proposal; and WHEREAS, the Chief Financial Officer has certified that funds are available in account 1-01-26-311-311-204 of the Current Budget. NOW, THEREFORE, BE IT RESOLVED by the City 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 Montana Construction, 80 Contant Avenue, Lodi, NJ, 07644 be paid. Roll Call - Ayes: Townes, Meneses, Melfi, Sasso Absent: Labrosse NO. 80-11 OFFERED BY: MENESES SECONDED BY: TOWNES ________________________________________________________________ WHEREAS, Adma LLC is the owner and taxpayer of real properties designated as Block 504.02, Lot 14.08, known as 65 Commerce Way; and WHEREAS, the taxpayer filed an appeal to its 2007, 2008, 2009 and 2010 real property tax assessments which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment is $ 2,392,800; 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 these matters 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: “ ADMA LLC v. Hackensack City” Docket Nos: 010104-2007; 0047638-2008; 007918-2009 and 002208-2010: presently pending in the Tax Court of New Jersey, so that the assessments be retained at $2,392,800 for 2007; be reduced to $2,100,000 for 2008, $2,000,000 for 2009 and $1,700,000 for 2010; 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 pursuant to N.J.S.A. 54:3-27.2 subject to the agreement between the parties that the refund is paid within 60 days after receipt by the City of the Tax Court Judgment. Roll Call - Ayes: Townes, Meneses, Melfi, Sasso Absent: Labrosse 2/15/11  NO. 81-11 OFFERED BY: MENESES SECONDED BY: TOWNES ________________________________________________________________ WHEREAS, Florentine Associates, LLC is the owner and taxpayer of real properties known as Block 240.01, Lot 3.07, designated as 77 Prospect Avenue; and WHEREAS, the taxpayer filed an appeal to its 2008 and 2009 property tax assessments which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the assessment for the subject property is $10,071,900; 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 these matters 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: “Florentine Associates, LLC v. City of Hackensack”, Docket Nos: 001790-2008 and 0000892-2009 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $8,500,000.00 for 2008 and 2009; 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 pursuant to N.J.S.A. 54:3-27.2 subject to the agreement between the parties that the refund is paid within 60 days after receipt by the City of the Tax Court Judgment. Roll Call - Ayes: Townes, Meneses, Melfi, Sasso Absent: Labrosse NO. 82 -11 OFFERED BY: MENESES SECONDED BY: TOWNES ________________________________________________________________ WHEREAS, pursuant to an advertisement in The Record, bids were received on January 20, 2011 for Comfort Station Renovations at 2 nd Ward Park; and WHEREAS, twenty bids were received; and WHEREAS, after review of all bids by DMR and the City Attorney, the recommendation to award the bid for Comfort Station Renovations to 2 nd Ward Park goes to the lowest bidder, SZ Construction LLC, 38 Grove Avenue, Rochelle Park, New Jersey 07662, for the contract price of $69,000.00; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council, that the bid for Comfort Station Renovations to 2 nd Ward Park is hereby awarded to SZ Construction LLC, 38 Grove Avenue, Rochelle Park, New Jersey 07662 for the bid price of $69,000. 2/15/11  BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds will be available in capital account C-10-55-008-000-001. Roll Call - Ayes: Townes, Meneses, Melfi, Sasso Absent: Labrosse NO. 83-11 OFFERED BY: MENESES SECONDED BY: TOWNES ________________________________________________________________ WHEREAS, John R. and Lorraine Holsinger are the owners and taxpayers of certain real properties designated as Block 441, Lots 51 and 54, known as 283 Anderson Street and 275 Anderson Street; respectively; and WHEREAS, the taxpayer filed an appeal to their 2009 real property tax assessments which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment is $466,900 for Block 441, Lot 61 and $455,000 for Block 441, Lot 54; 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 these matters 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 including requests for application of the Freeze Act (N.J.S.A. 54:51A-8), entitled “John R. & Lorraine Holsinger v. City of Hackensack, Docket No: 0017765-2009 presently pending in the Tax Court of New Jersey, so that the assessment for block 441, Lot 51 be reduced to $420,000 and for Block 441, Lot 54 be reduced to $409,500; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a full waiver of any interest payable on the refund to the taxpayer pursuant to N.J.S.A. 54:3-27.2. Roll Call - Ayes: Townes, Meneses, Melfi, Sasso Absent: Labrosse NO. 84-11 OFFERED BY: MENESES SECONDED BY: TOWNES ________________________________________________________________ WHEREAS, A&K Associates, LLC is the owner and taxpayer of certain real property designated as Block 569, Lot 26, known as 889-895 Main Street; and 2/15/11  WHEREAS, the taxpayer filed an appeal to its 2008, 2009 and 2010 real property tax assessments which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment for all years under appeal is $2,337,900; 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 these matters 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: “A&K Associates, LLC v. City of Hackensack; Docket Nos. 006004-2008; 008724-2009 and 006352-2010 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $2,000,000 for 2008; $1,900,000 for 2009 and $1,800,000 for 2010; 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 provided such refund is paid within 150 days after entry of Judgment. Roll Call - Ayes: Townes, Meneses, Melfi, Sasso Absent: Labrosse NO. 85-11 OFFERED BY: MENESES SECONDED BY: TOWNES ________________________________________________________________ WHEREAS, Albarelli Hackensack Associates is the owner and taxpayer of real properties designated as Block 28.01, Lot 23, known as 340 Hudson Street; and WHEREAS, the taxpayer filed an appeal to its 2008, 2009 and 2010 real property tax assessments which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment for all years under appeal is $5,244,600; 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 these matters 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: “A&K Associates, LLC v. City of Hackensack; Docket Nos. 005987-2008; 008726-2009 and 006354-2010 presently pending in 2/15/11 the Tax Court of New Jersey, so that the assessment be reduced to $4,600,000 for 2008; $4,400,000 for 2009 and $4,200,000 for 2010; 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 provided such refund is paid within 150 days after entry of Judgment. Roll Call - Ayes: Townes, Meneses, Melfi, Sasso Absent: Labrosse NO. 86-11 OFFERED BY: MENESES SECONDED BY: TOWNES ________________________________________________________________ WHEREAS, Fairway Terrace Corp is the owner and taxpayer of real properties designated as Block 302, Lot 2, known as 142-148 Main Street ; and WHEREAS, the taxpayer filed an appeal to its 2007, 2008, 2009 and 2010 real property tax assessments which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment is $2,263,300; 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 these matters 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: “Fairway Terrace Corp. v Hackensack City” Docket Nos: 004162-2007; 000330-2008; 009357-2009 and 006626-2010 presently pending in the Tax Court of New Jersey, so that the assessments be reduced to $2,000,000 for 2007, 2008 and 2009 and reduced to $1,900,000 for 2010; 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 pursuant to N.J.S.A. 54:3-27.2 subject to the agreement between the parties that the refund is paid within 60 days after receipt by the City of the Tax Court Judgment. Roll Call - Ayes: Townes, Meneses, Melfi, Sasso Absent: Labrosse NO. 87-11 OFFERED BY: MENESES SECONDED BY: TOWNES ________________________________________________________________ WHEREAS, TD Banknorth is the owner and taxpayer of certain real property known as Block 128, Lot 37 designated as 345 Essex Street; and 2/15/11  WHEREAS, the taxpayer filed appeals to its 2007, 2008, 2009 and 2010 real property tax assessments which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the assessment for all years under appeal was $1,278,900; 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 these matters 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 “TD Banknorth v. City of Hackensack”, Docket Nos: 004936-2007; 001357-2008; 008223-2009 and 001303-2010 presently pending in the Tax Court of New Jersey, so that the 2007 assessment be retained with no reduction in assessment and that the assessment be reduced to $1,100,000 for 008; $1,000,000 for 2009 and $975,000 for 2010; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a full waiver of any interest payable on the refund to the taxpayer pursuant to N.J.S.A. 54:3-27.2 provided that the refund is paid within 60 days after receipt by the City of the Tax Court Judgment. Roll Call - Ayes: Townes, Meneses, Melfi, Sasso Absent: Labrosse NO. 88-11 OFFERED BY: MENESES SECONDED BY: TOWNES ________________________________________________________________ WHEREAS, Tower Management Financing Ptnsp. Is the owner and taxpayer of certain real property designated as Block 1, Lot 4, known as 25 Moonachie Road; and WHEREAS, the taxpayer filed appeals to its 2007, 2008, 2009 and 2010 real property tax assessments which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment is $7,511,300; 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 these matters 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 “Tower Management Financing Ptnsp. V. City 2/15/11 of Hackensack; Docket Nos: 004746-2007; 003837-2008; 001460-2009 and 004929-2010 presently pending in the Tax Court of New Jersey, so that the assessment for 2007 be retained with no reduction in assessment and that the assessment for 2008 and 2009 be reduced to $6,250,000 and reduced to $6,000,000 for 2010; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a full waiver of any interest payable on the refund to the taxpayer pursuant to N.J.S.A. 54:3-27.2 provided that the refund is paid within 60 days after receipt by the City of the Tax Court Judgment. Roll Call – Ayes: Townes, Meneses, Melfi, Sasso Absent: Labrosse NO. 89-11 OFFERED BY: MENESES SECONDED BY: TOWNES ________________________________________________________________ WHEREAS, Oritani Bank is the owner and taxpayer of real properties know as Block 548, Lots 21 and 24 designated as 7-9 and 1 Spring Valley Avenue, respectively; and WHEREAS, the assessments for 2006, 2007, 2008, 2009 and 2010 real property tax assessments which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the assessment for 2006 are $ 105,200 for Block 548, Lot 21 and $245,000 for Block 548, Lot 24; and the assessments for 2007 through 2010 are $370,300 for Block 548 Lot 21 and $690,800 for Block 548, Lot 24; 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 these matters 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: “Oritani Bank v. City of Hackensack”, Docket Nos: 006904-2006; 009687-2007; 011220-2008; 015918-2009 and 020062-2010 presently pending in the Tax Court of New Jersey, so that for 2006, the assessments for Block 548, Lots 21 and 24 be retained with no reduction in assessments and that the assessments for Block 548, Lot 21 be reduced to $316,000 for 2007; $283,000 for 2008 and 2009 and $250,000 for 2010 and that the assessment for Block 548, Lot 24 be reduced to $548,000 for 2007; $517,000 for 2008 and 2009 and $450,000 for 2010; BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a full waiver of any interest payable to the taxpayer on the refund pursuant to N.J.S.A. 54:3-27.2 subject to the agreement between the parties that the refund is paid within 60 days after receipt by the City of the Tax Court Judgment. Roll Call – Ayes: Townes, Meneses, Melfi, Sasso Absent: Labrosse 2/15/11  NO. 90 -11 OFFERED BY: MENESES SECONDED BY: TOWNES _______________________________________________________________ WHEREAS , the Governing Body of the City of Hackensack finds and declares that N.J.S.A. 40:48-2.14 states in all cases where brush, weeds, including ragweed, dead and dying trees, stumps roots, obnoxious growth, filth, garbage, trash and debris are destroyed or removed from any dwelling or lands under any ordinance adopted pursuant to section 1 of P.L. 1943, c.71 (C.40:48- 2.13) or section 1 of P.L. 1994, c.167 (C.40:48-2.13a); and WHEREAS , N.J.S.A. 40:48-2:27 states in all cases where brush, hedges and other plant life are cut from any lands within the limitations of section one hereof under any such ordinance, by or under the direction of an officer of the municipality; and WHEREAS , N.J.S.A. 40:65-12 states the governing body may make, amend, repeal, and enforce ordinances to compel the owner or tenant of any lands abutting upon the public highways of the municipality, to remove all snow and ice form the abutting sidewalks and gutters of such highways within twelve hours of daylight after the same shall fall or be formed thereon, and all grass, weeds and impediments therefrom within three days after notice to remove the same, and remove all grass, weeds and impediments from the portion of any street, or highway abutting on such lands, and to provide for imposition of penalties for violation of any impediments by the municipality where the owner or tenant of any such real estate shall fail to remove the same as provided in the ordinance. The cost of removal of any such snow, ice, grass, weeds or impediments from any sidewalk, gutter or public highway by the municipality shall be certified to the governing body of the municipality by the officer in charge thereof; and WHEREAS , by or under the direction of an officer or code enforcement officer of the municipality, such officer or code enforcement officer shall certify the above costs thereof to the governing body, which shall examine the certificate, and if found correct, shall cause the cost as shown thereon to be charged against said dwelling or lands; the amount so charged shall forthwith become a lien upon such dwelling or lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such dwelling or lands, the same to bear interest at the same rate as taxes and shall be collected and enforced by the same officers and in the same manner as taxes; and WHEREAS, the City of Hackensack has maintained the following properties by providing grass and lawn maintenance to the said properties: 226 Passaic Street, Block 433, Lot 9 $75.00 208 Euclid Avenue, Block 544, Lot 22 75.00 160 Davis Street, Block 612, Lot 3 75.00 158 Pine Street, Block 549, Lot 19 75.00 134 Clay Street, Block 324, Lot 1 75.00 NOW, THEREFORE BE IT RESOLVED , by the Governing Body of the City of Hackensack that the above charges are certified to the Municipal Tax Collector, Elisa Coccia, and she is authorized to convert the above charges to become a lien upon such lands. 2/15/11  Roll Call – Ayes: Townes, Meneses, Melfi, Sasso Absent: Labrosse NO. 91 -11 OFFERED BY: MENESES SECONDED BY: TOWNES ________________________________________________________________ City of Hackensack County of Bergen Emergency Temporary Resolution Prior to the Adoption of the budget per N.J.S. 40A:4-20 WHEREAS, an emergency condition has arisen with respect to the need to make payments for operating expenses prior to the adoption of the budget, AND no adequate provision has been made in the 2011 temporary budget for the aforesaid purpose, and N.J.S. 40A: 4-20 provides for the creation of an emergency temporary appropriations for the purpose above mentioned, and WHEREAS, the total emergency temporary resolutions adopted in the year pursuant to the provision of N.J.S. 40A: 4-20 ( Chapter 96, P.L. 1951 amended) including this resolution total ……………………………………………………………… $ 32,499,982.97 NOW, Therefore Be It Resolved ( not less than two-thirds of all members therefore affirmatively concurring ) that in accordance with N.J.S. 40A: 4-20 1. An emergency temporary appropriation be and the same is hereby made for: OTHER TEMPORARY BUDGET APPROPRIATION S&W EXPENSE TOTALS Snow Removal O/E 1-01-26-290-290-264 $50,000.00 $50,000.00 Prior Year Legal Bills 1-01-30-410-410-203 32,730.47 32,730.47 Streets and Roads S&W 1-01-26-290-290-116 40,000.00 40,000.00 Finance O/E 1-01-20-130-130-204 55,000.00 55,000.00 General Insurance 1-01-23-220-220-285 4,600.00 4,600.00 TOTAL CURRENT FUND $40,000.00 $142,330.47 $182,330.47 **GRAND TOTAL** $40,000.00 $142,330.47 $182,330.47 2. That said emergency appropriation will be provided for in the 2011 operating budget in full. 3. That three certified copies of this resolution be filed with the Director of Local Government Services Roll Call – Ayes: Townes, Meneses, Melfi, Sasso Absent: Labrosse 2/15/11  NO. 92 -11 OFFERED BY: MENESES SECONDED BY: TOWNES _______________________________________________________________ BE IT RESOLVED, by the Mayor and Council of the City of Hackensack that the following appointment be made; RECREATION Jared I. Wexler is hereby appointed to replace Niles Malvasia with a term to expire 12/31/15. Roll Call – Ayes: Townes, Meneses, Melfi, Sasso Absent: Labrosse NO. 93-11 OFFERED BY: MENESES SECONDED BY: TOWNES _______________________________________________________________ WHEREAS, various Year 2010 bills have been presented for payment this year, which bills were not covered by Year 2010 Budget Appropriations; and WHEREAS, N.J.S. 40A: 4-59 provides that all unexpended balances carried forward after the close of the fiscal year are available, until lapsed at the close of the succeeding year, to meet specific claims, commitments or contracts incurred during the preceding fiscal year, and allow transfers to be made from unexpended balances to those which are expected to be insufficient during the first three months of the succeeding year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack (2/3 of the majority of the full membership concurring herein) that the transfers in the amount of $60,290.00 be made between the Year 2010 Budget Appropriation Reserves as follows: FROM DEPARTMENT TO DEPARTMENT 0-01-25-240-240-100 Police S&W $30,000.00 0-01-42-250-251-100 9-1-1 S&W $16,775.00 0-01-28-375-375-200 Parks & Playgrounds O/E 16,000.00 0-01-27-345-345-200 Human Services O/E 5,075.00 0-01-23-210-210-200 Group Insurance O/E 14,290.00 0-01-20-130-130-200 Finance O/E 4,500.00 0-01-26-311-311-200 Sewer O/E 500.00 0-01-28-370-370-200 Recreation O/E 4,500.00 0-01-20-100-100-200 A&E O/E 11,140.00 0-01-20-150-150-200 Tax Assessor O/E 7,500.00 0-01-26-290-291-200 Snow Removal O/E 1,700.00 0-01-25-240-240-200 Police O/E 4,200.00 0-01-22-200-202-200 Community Development 4,400.00 O/E Total $60,290.00 Total $60,290.00 Roll Call – Ayes: Townes, Meneses, Melfi, Sasso Absent: Labrosse 2/15/11  NO. 94 -11 OFFERED BY: MENESES SECONDED BY: TOWNES WHEREAS, a Bergen County Community Development Grant has been proposed by the following organization located in the municipality of Hackensack, New Jersey; and WHEREAS, pursuant to the State Inter-local Services Act, Community Development funds may not be spent in a municipality without authorization by the Mayor and City Council; and WHEREAS, this resolution does not obligate the financial resources of the municipality and is intended solely to expedite expenditure of the aforesaid Community Development Funds. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Hackensack hereby confirms endorsement of the following projects; and BE IT FURTHER RESOLVED, that a copy of this resolution shall be sent to the Director of the Bergen County Community Development Program so that implementation of the aforesaid projects may be expedited. APPLICANT AMOUNT PURPOSE Housing Authority of Bergen County $100,000.00 Operation of the Bergen County Housing, Health and Human Service Center Housing Authority of Bergen County $350,000.00 County-Wide Tenant Based Rental Assistance Program Roll Call: – Ayes: Townes, Meneses, Melfi, Sasso Absent: Labrosse A motion was made by Councilman Melfi and seconded by Deputy Mayor Meneses to open the meeting to the public. The Mayor asked everyone to state their name and address and to keep their remarks to five minutes which will include any answers you are looking for and to follow rules of civility. Gail Fitzgivens, Summit Avenue, thanked the Council for their attention to the parking problem on Summit Avenue and for taking action tonight. Mayor Sasso thanked her for continuing to monitor the situation. Kathy Canestrino, Brook Street, addressed Councilman Townes and told him that he might be interested to hear that she attended a budget course and that at the course the instructor had said that a municipality should be run like a business and that any town bonding for pension payments is nuts. Mrs. Canestrino also spoke about the City having three CFO’s in the last three years and having a part-time CFO at the present time. She said that the City should have a full time CFO and asked if it is our plan to pursue a full time CFO for Hackensack. She also asked what other shared services the City is looking into 2/15/11 this year and asked questions with reference to the reassessment, such as what will the new tax rate be and by what percent would it rise. She also asked if the City is limited in any way in the amount you can raise the tax rate in a year. Mrs. Canestrino also spoke about legal fees, another general ledger move at the last meeting and prior year legal bills which Mr. Lo Iacono explained that bills that come in after January 1st for last year’s services cannot be paid from last year’s money. He also said that yes, he is continuing to seek a full time CFO, but that the person who is presently here is an excellent CFO. Mr. Lo Iacono said that the City is still looking into other areas for shared services. As for the tax rate, Mr. Lo Iacono said there would not be an answer until the budget is struck and that it is far too early to answer this question. With reference to legal fees, Mr. Lo Iacono said that there is quite a bit of litigation and that the City has to defend itself. James Erwin, 40 Jefferson Street, spoke about snow removal, or what he perceives to be a lack of snow removal in this area. He said that snow is never removed from the streets to allow all of the parking spaces to be utilized by residents and also that residents received summonses. Mr. Erwin said more supervisors need to come out from behind their desks and see what is going on. Mr. Zisa advised that you can go to court to fight summonses if you want but that the Council has no power over them. Councilman Melfi questioned how parking regulations can be suspended in an emergency situation. Emil Canestrino, Brook Street, asked if it is true that there are more federal lawsuits being filed in federal court and that charges are being filed against the officer in charge. Mr. Lo Iacono said not that he knows of. Mr. Canestrino also said that recently the county and many municipalities have been evaluating their auto fleets and asked if the Council has made any decision as to the size of the fleet and also as to whether or not cars should be taken home at night. Mr. Lo Iacono said that approximately forty cars have been removed from the City fleet. Regina DiPasqua said that she has the same issue as Mr. Erwin and that the streets don’t get cleaned. She also said that the City is losing revenue from meters on State Street because snow is blocking cars from parking there. Ms. DiPasqua said that she had been attending planning board meetings lately and that there are different rules for different applicants. She said that an application for a billboard didn’t have to go through the same procedure as other applicants for billboards and that the construction official tried to tell her it was an approved use. She said that a permitted use and a conditional use are the same as per Joe Mellone. She said that she pointed all of this out to the planning board and that they blew her off. She said that she believes that this application was done incorrectly and that the Mayor received different treatment. Ms. DiPasqua further said that it is wrong to put a billboard facing Summit Avenue and that the planning board is out of line. Len Nix said that he would like to get a copy of the bills list and that Donald Lenner was paid $9,000 for one month. He also asked if the City has ever won a tax appeal and said that taxes should be half of what they are for what we get. He also questioned a $7,000 payment to Boswell and the MSBA getting $90,000. Mr. Lo Iacono said that the $90,000 is the money that the Main Street Business Alliance get from the property owners in the special improvement district. A motion was made by Councilman Melfi and seconded by Deputy Mayor Meneses to close the meeting to the public. Councilman Townes said that he had attended the dedication of the media room at the High School in honor of Harold Dow and also said that the Dow family had paid for a lot of the equipment there. 2/15/11  Mayor Sasso said that questions were asked of the planning board attorney and that all proper procedures were followed. A motion was made by Councilman Melfi and seconded by Councilman Townes to adjourn the meeting at 9:10 p.m. _________________________________ Mayor Karen K. Sasso _________________________________ Deputy Mayor Jorge E. Meneses _________________________________ Councilman Michael R. Melfi _________________________________ Councilman Marlin G. Townes _________________________________ Councilman John P. Labrosse _____________________________ Debra Heck, City Clerk 2/15/11