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, March 1, 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 John P. Labrosse, Councilman Marlin G. Townes, Councilman Michael R. Melfi, City Attorney Joseph C. Zisa and City Manager Stephen Lo Iacono. Mayor Sasso asked everyone to stand for the flag salute. A motion was made by Councilman Townes and seconded by Deputy Mayor Meneses to approve the minutes of the February 15, 2011 meetings. Councilman Labrosse abstained. City Manager’s report – Mr. Lo Iacono reminded everyone of the fifth ward town meeting scheduled for Monday, March 7, 2011 at Fairmount School. He announced that a number of department heads will be there as well as himself and the Mayor and Council. He also reminded everyone that the next City Council meeting will be held on Monday, March 14, 2011 instead of March 15 th, and, at that time, there will be a ceremony marking recent promotions and appointments in the Police Department. This event had previously been scheduled for January but was cancelled due to snow. Mr. Lo Iacono also advised that the City would again be participating in Youth in Government Day which is a program run through the high school. He said that the intent is to make the program as meaningful as we can for those students who are involved. Mr. Lo Iacono also announced that the DOT will be beginning a project this Friday night for reconstruction of the Summit Avenue bridge. He said that ramp work will also be done and that there will be various closures and detours over the next few months. He said that he has not seen anything in the press yet. Mr. Lo Iacono also said that things are moving rapidly for the final opening of the building on Prospect Avenue and that most of the work on the parking deck has been completed. He said that the Building Department is doing final inspections and that the City continues to pursue recapturing all costs resulting from the collapse, although another check has just been received from Equity Residential in the amount of $279,000. Mr. Lo Iacono said that he had received a copy of the annual report from the Department of Health and that he wanted to publicly commend Health Officer John Christ and said that the report demonstrates why the Hackensack Health Department is regarded as highly as it is. He also said that the report goes into detail about a number of programs and also that Mr. Christ is recognized on the state level as a leader and that he does an outstanding job representing the City. Mayor Sasso said that she has been to certain events where John Christ’s name was praised. Mayor Sasso announced that this is the time for the public hearing for the 2011 Main Street Alliance Budget and said that Al Dib would make a short presentation. Mr. Dib advised that the budget had been made available at 3/1/11  previous Council meetings. He also said that the summary is a fairly good account of exactly what the budget provides for and that the amount is the same as the last four prior years and that the Alliance continues to maintain all of the same services without raising the assessment. Mr. Dib said that the Alliance had drawn on some surpluses and that hopefully in the near future the district will be expanded to Essex Street. He said that there are three main categories of the budget and that he would be happy to address specific questions. A motion to open the hearing to the public was made by Councilman Melfi and seconded by Councilman Labrosse. As no one wished to be heard, a motion was made by Deputy Mayor Meneses and seconded by Councilman Melfi to close the hearing. Mayor Sasso announced that there are a couple of “feel good” resolutions on the docket this evening, one to celebrate Women In History month and the other to proclaim the month of March as Read Across America month, which is a national celebration of reading held on March 2, 2011. The Mayor also said that March 2, 2011 would have been Dr. Suess’ 107th birthday. NO. 95-11 OFFERED BY: MELFI SECONDED BY: LABROSSE ________________________________________________________________ FINAL ADOPTION 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 “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 - Debbie Labrosse, Brook Street, asked how the ordinance was changed and Mr. Zisa said that it came about as a result of a recent decision against Officer Ralph Cavallo where the City felt that he might not be covered by the old ordinance. He also said that the ordinance was written by Dennis Calo, Esq. to plug a hole for officers who are involved in lawsuits. Mr. Zisa said that the new ordinance gives broader coverage to all city employees and that it was the recommendation of special counsel. Regina DiPasqua, Parker Avenue, said that she remembered a discussion regarding past employees, specifically a former police officer. Len Nix asked how much Chief Zisa is covered for and Mr. Zisa said that this question is not relative to this ordinance. Mr. Zisa also said that every situation will stand independently. Motion offered by Deputy Mayor Meneses and seconded by Councilman Melfi 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. 7-2011 entitled: AN ORDINANCE REPLACING IN ITS ENTIRETY ORDINANCE 33-2006, SECTION 14A-2 “CIVIL ACTIONS”, AND AUTHORIZING INDEMNIFICATION AND/OR 3/1/11 DEFENSE FOR PUBLIC EMPLOYEES AND OFFICIALS OF THE CITY OF HACKENSACK has passed its second and final reading and is hereby adopted. Roll Call - Ayes: Labrosse, Townes, Meneses, Melfi, Sasso 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 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; 3/1/11  (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. (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. 96-11 OFFERED BY: TOWNES SECONDED BY: LABROSSE ________________________________________________________________ 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 $4,808,322.55 Grants 20,679.80 Escrow 25,814.46 Payroll 137,383.37 Public Parking System 15,028.45 Capital 94,216.08 Trust Account 475,979.83 Roll Call - Ayes: Labrosse, Townes, Meneses, Melfi, Sasso 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. 97-11 3/1/11 OFFERED BY: MELFI SECONDED BY: LABROSSE ________________________________________________________________ RESOLUTION REQUESTING REVIEW AND APPROVAL OF A MUNICIPAL AFFORDABLE HOUSING TRUST FUND SPENDING PLAN FOR THE CITY OF HACKENSACK WHEREAS, the Governing Body of the City of Hackensack, County of Bergen and State of New Jersey petitioned the Council on Affordable Housing (COAH) for substantive certification on February 28, 2011; and WHEREAS, the City’s development fee ordinance establishes an affordable housing trust fund that includes development fees, payments from developers in lieu of constructing affordable units on-site, barrier-free escrow funds, repayments from affordable housing program loans, recapture funds, and proceeds from the sale of affordable units; and WHEREAS, N.J.A.C. 5:97-8.1(d) requires a municipality with an affordable housing trust fund to receive approval of a spending plan from COAH prior to spending any of the funds in its housing trust fund; and WHEREAS, N.J.A.C. 5:97-8.10 requires a spending plan to include a projection of anticipated revenues, as well as a series of schedules and programs; and WHEREAS, the City of Hackensack has prepared a spending plan consistent with N.J.A.C. 5:97-8.10 and P.L.2008, c.46. NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the City of Hackensack, County of Bergen and State of New Jersey requests that COAH review and approve the City of Hackensack’s spending plan. Roll Call - Ayes: Labrosse, Townes, Meneses, Melfi, Sasso NO. 98–11 OFFERED BY: MELFI SECONDED BY: LABROSSE ______________________________________________________________________ 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 $ 1,138.00 343 10,C011AWells Fargo Real Estate Tax Services, LLC 2011 Duplicate pymt 1,251.00 341 8,C005B Wells Fargo Real Estate Tax Services, LLC 2011 “ “ 1,506.00 218 27,C0210 Wells Fargo Real Estate Tax Service, LLC 2011 “ “ 962.00 352 90,C0024 Wells Fargo Real Estate Tax Service, LLC 2009 “ “ 8,535.11 82.01 5 Brach Eichler LLC and Ruffino, Raymond 2007 SBJ 8,994.03 82.01 5 “ “ “ “ 2008 SBJ 582.55 113.A 35,C2331 Josephine Nicolazzo 2009 SBJ 612.26 113.A 35,C2331 “ “ 2010 SBJ 17,587.50 207 1 Bruce J. Stavitsky, Esq. for the benefit of Fleet Bank #98002 etc.2005 SBJ 18,787.50 207 1 “ “ “ “ 2006 SBJ 3/1/11  7,515.00 311 16 Bruce J. Stavitsky, Esq. for the benefit of Bank of America 2006 SBJ 3,720.08 415 13 Gregg A. Padovano, Attorney for G. Thomas Gentile et al 2008 SBJ 5,036.91 415 13 “ “ “ “ 2009 SBJ 27.26 415 8.04 “ “ “ “ 2008 SBJ 28.80 415 8.04 “ “ “ “ 2009 SBJ 102.75 415 15.03 “ “ “ “ 2008 SBJ 108.54 415 15.03 “ “ “ “ 2009 SBJ 704.59 535 26 Gregg A. Padovano, Attorney for Padovano LLC 2008 SBJ 1,297.99 535 26 “ “ “ “ 2009 SBJ Roll Call - Ayes: Labrosse, Townes, Meneses, Melfi, Sasso NO. 99-11 OFFERED BY: MELFI SECONDED BY: LABROSSE ________________________________________________________________ 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: 1954 The Columbians RA: 1955 Tomorrows Children’s Fund Roll Call - Ayes: Labrosse, Townes, Meneses, Melfi, Sasso NO. 100-11 OFFERED BY: MELFI SECONDED BY: LABROSSE ________________________________________________________________ AUTHORIZATION FOR THE CITY OF HACKENSACK TO ACCEPT A SUBGRANT AWARD OF THE FEDERAL FISCAL YEAR 2011 OF DEPARTMENT OF HOMELAND SECURITY EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM FUNDING AND FOR THE CITY OF HACKENSACK’S FINANCIAL OFFICER TO AMEND THE BUDGET AND CERTIFY THE AVAILABILITY OF FUNDS. WHEREAS, the City of Hackensack’s, Office of Emergency Management Is in anticipation of sub grant funding from the NJSP/OEM EMAA process, the City of Hackensack will be awaiting the pending approval of the EMPG FY'11 Federal grant funding from FEMA. The Subgrant, consisting of a total amount of $10,000.00, including $5,000.00 Federal Award and $5,000.00 Local Matching Funds, is for the purpose of enhancing the City of Hackensack’s ability to prevent, protect against, respond to and recover from acts of terrorism, natural disasters and other catastrophic events and emergencies; and WHEREAS, the subgrant award incorporates all conditions and representations contained or made in application and notice of anticipation of sub grant funding from the NJSP/OEM EMAA process, the City of Hackensack will be awaiting the pending approval of the EMPG FY'11 Federal grant funding from FEMA; and WHEREAS, the City of Hackensack’s Office of Emergency Management, designated by the New Jersey State Police, Office of Emergency Management, 3/1/11 has submitted an Application for Subgrant Award that has been required by the said New Jersey State Police Office of Emergency Management; and WHEREAS, the Application for Subgrant Award calls for a match in the amount of $5,000.00 which the City of Hackensack’s Office of Emergency Management adequately satisfies through the 2011 City of Hackensack’s approved budget for Division salaries and wages and fringe benefits. NOW, THEREFORE, BE IT RESOLVED that the Board of Chosen Freeholders of the City of Hackensack here with accepts the award of the FFY11 Homeland Security Emergency Management Performance Grant Program Subgrant in the amount of $5,000.00 Federal Funds from the New Jersey State Police, Office of Emergency Management; and BE IT FURTHER RESOLVED that the Director of the Division of Local Government Services is requested to approve the insertion of an item of revenue in the budget of the year 2011 in the sum of $5,000.00, which is now available from the New Jersey State Police, Office of Emergency Management in the like amount of $5,000.00 from the aforementioned grant; and BE IT FURTHER RESOLVED that the like sum of $5,000.00 is hereby appropriated under the caption FFY11 Homeland Security Emergency Management Performance Grant; and BE IT FURTHER RESOLVED that the Stephen LoIacono, City Manager, Tammy Zucca, Chief Financial Officer and John Niland of Emergency Management are authorized to sign the appropriate subgrant award documents; and BE IT FURTHER RESOLVED that copies of this Resolution shall be forwarded to the New Jersey State Police, Office of Emergency Management; the Director of the Division of Local Government Services; Stephen LoIacono, City Manager, Tammy Zucca, Chief Financial Officer; John Niland Coordinator of Emergency Management. Roll Call - Ayes: Labrosse, Townes, Meneses, Melfi, Sasso NO. 101-11 OFFERED BY: MELFI SECONDED BY: LABROSSE _______________________________________________________________ WHEREAS, the 2011 Budget for the Main Street Business Alliance was introduced on February 1, 2011; and WHEREAS, the public hearing on said proposed budget was held on March 1, 2011 at 7:00 p.m. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the City of Hackensack that the 2011 Budget of the Main Street Business Alliance in the amount of $360,500.00 be and is hereby adopted. Roll Call - Ayes: Labrosse, Townes, Meneses, Melfi, Sasso NO. 102-11 OFFERED BY: MELFI SECONDED BY: LABROSSE ________________________________________________________________ 3/1/11  WHEREAS, the Assessor has determined that the rightful owner for Block 504.02 Lot 14.02 is Hackensack Industrial Center and not New Boston Prism Hackensack LLC, and WHEREAS, the City of Hackensack refunded New Boston Prism for 2005- 2010 real estate taxes previously paid in error by New Boston Prism and the City of Hackensack offered Hackensack Industrial Center 60 days to pay 2005-2010 taxes without interest; and WHEREAS, payment was received by Hackensack Industrial Center within said 60 days. NOW THEREFORE, BE IT RESOLVED that the Tax Collector be and is hereby permitted to cancel interest in the amount of $2,221.48 for Block 504.02, Lot 14.02 for tax years 2005, 2006, 2007, 2008, 2009 and 2010 as follows: 2005 $157.26 2006 $334.46 2007 $440.97 2008 $464.68 2009 $490.84 2010 $333.27 Roll Call - Ayes: Labrosse, Townes, Meneses, Melfi, Sasso NO. 103-11 OFFERED BY: MELFI SECONDED BY: LABROSSE _______________________________________________________________ WHEREAS, there exists in the City of Hackensack a need for the services of a Risk Management and Safety Consultant to provide specialized training for City employees and to assist the safety program, per state regulations; and WHEREAS, such professional services will be rendered or performed by a person authorized by law to practice a recognized profession and while practice is regulated by law pursuant N.J.S.A. 40a11-5(1)(a)(i) of the Local Public Contracts Law; and WHEREAS, it is the desire of the Mayor and Council to retain the services of E.J. Tobias & Associates as a Risk Management and Safety Consultant to the City of Hackensack for an amount not to exceed $12,000.00 for twelve months; and WHEREAS, a certificate establishing that funds will be available in the 2011 budget for account #1-01-27-330-332-204 of the Current Fund in the amount of $12,000.00 will be issued by the Chief Financial Officer; and WHEREAS, the Local Public Contracts Law requires that the resolution authorizing the award of contracts for professional services without competitive bidding and the contract must be available for public inspection. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City 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 E.J. Tobias & Associates, 81 Morrisse Avenue, Wallington, NJ, 07057, to provide Risk Management and Safety Consulting Services for 2011. 3/1/11  2. This contract is awarded without competitive bidding as a professional service in accordance with the Local Public Contract Law (N.J.S.A. 40A-11-1 et seq.); and BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to retain a copy of the contract for public inspection and to publish a notice of this action in The Record. Roll Call - Ayes: Labrosse, Townes, Meneses, Melfi, Sasso NO. 104-11 OFFERED BY: MELFI SECONDED BY: LABROSSE WHEREAS, New Jersey women of every race, class, and ethnic background have made historic contributions to the growth and strength of our State in countless recorded and unrecorded ways; and WHEREAS, New Jersey women have played and continue to play a critical economic, cultural and social role in every sphere of the life of the State by constituting a significant portion of the labor force working inside and outside of the home; and WHEREAS, New Jersey women have played a unique role throughout the history of the State by providing the majority of the volunteer labor force of the State; and women were particularly important in the establishment of early charitable, philanthropic and cultural institutions in our State; and WHEREAS, New Jersey women of every race, class and ethnic background served as early leaders in the forefront of every major progressive social change movement, not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil rights movement, and other movements, especially the peace movement, which create a more fair and just society for all; and WHEREAS, despite these contributions, the role of women in history has been consistently overlooked and undervalued, in the literature, teaching and study of American history; and WHEREAS, the Department of Community Affairs, specifically the Division on Women’s goals are to remember and celebrate New Jersey women and to:  Ensure that NJ women are offered equal opportunities in education, the workforce and healthcare regardless of age, sexual orientation, income, ethnicity, race or religion.  Identify, implement, measure and coordinate programs that address the needs of NJ women.  Engage in continuous study and research on issues affecting NJ women and their families, develop policy papers and legislative recommendations. NOW, THEREFORE, I, KAREN K. SASSO, Mayor of the City of Hackensack, with other members of the City Council, do 3/1/11  hereby proclaim March 2011 as “Women’s History Month” in the City of Hackensack”. Roll Call - Ayes: Labrosse, Townes, Meneses, Melfi, Sasso NO. 105-11 OFFERED BY: MELFI SECONDED BY: LABROSSE _______________________________________________________________ BE IT RESOLVED, by the Mayor and Council of the City of Hackensack that the following appointment be made; RECREATION Alexis A. Gomez is hereby appointed to replace Alex Navarro with a term to expire 12/31/13. Roll Call – Ayes: Labrosse, Townes, Meneses, Melfi, Sasso NO. 106-11 OFFERED BY: MELFI SECONDED BY: LABROSSE _______________________________________________________________ WHEREAS, the City of Hackensack frequently receives requests for the creation of handicapped parking spaces in and about the City of Hackensack; and WHEREAS, the City of Hackensack investigates each and every request for the creation of handicapped parking spaces; and WHEREAS, it is in the best interests of the residents of the City of Hackensack to create handicapped parking spaces when and where appropriate; and WHEREAS, the City of Hackensack has received a request for the creation of a handicapped parking space in front of 284 Park Street, north side, from a point 95 feet south of Clay Street’s south eastern corner; and WHEREAS, after careful consideration, the Mayor and City Council believe that the creation of the handicapped parking space is in the best interest of the residents of the City of Hackensack. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack hereby authorize and approve the creation of a handicapped space on Park Street, north side, from a point 95 feet south of Clay Street’s south eastern corner. 3/1/11  Roll Call – Ayes: Labrosse, Townes, Meneses, Melfi, Sasso NO. 107-11 OFFERED BY: MELFI SECONDED BY: LABROSSE _______________________________________________________________ WHEREAS, the City of Hackensack frequently receives requests for the creation of handicapped parking spaces in and about the City of Hackensack; and WHEREAS, the City of Hackensack investigates each and every request for the creation of handicapped parking spaces; and WHEREAS, it is in the best interests of the residents of the City of Hackensack to create handicapped parking spaces when and where appropriate; and WHEREAS, the City of Hackensack has received a request for the creation of a handicapped parking space on the west side of Hudson Street, from a point of 489 feet from the southwesterly curb line of Vreeland Avenue; and WHEREAS, after careful consideration, the Mayor and City Council believe that the creation of the handicapped parking space is in the best interest of the residents of the City of Hackensack. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack hereby authorize and approve the creation of a handicapped space on the west side of Hudson Street, from a point of 489 feet from the south westerly curb line of Vreeland Avenue. Roll Call – Ayes: Labrosse, Townes, Meneses, Melfi, Sasso NO. 108-11 OFFERED BY: MELFI SECONDED BY: LABROSSE _______________________________________________________________ WHEREAS, the City of Hackensack frequently receives requests for the creation of handicapped parking spaces in and about the City of Hackensack; and WHEREAS, the City of Hackensack has been notified that the need for a handicapped parking space that was previously created no longer exists; and WHEREAS, the Mayor and Council have been notified that the handicapped parking space located at 391 Washington Avenue is no longer required; and 3/1/11  WHEREAS, the City of Hackensack has investigated the information supplied. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack hereby authorize and approve the removal of a handicapped parking space at 391 Washington Avenue. Roll Call – Ayes: Labrosse, Townes, Meneses, Melfi, Sasso NO. 109-11 OFFERED BY: MELFI SECONDED BY: LABROSSE ________________________________________________________________ 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 ……………………………………………………………… $ 33,554,732.97 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 Garbage and Trash O/E 1-01-26-305-305-374 25,000.00 25,000.00 Group Insurance O/E 1-01-23-220-220-285 100,000.00 100,000.00 Workers Compensation O/E 1-01-23-215-215-288 100,000.00 100,000.00 Snow Removal - Salt 1-01-26-305-305-264 69,000.00 69,000.00 Snow Removal - outside services 1-01-26-305-305-204 10,000.00 10,000.00 Traffic Control - O/E 1-01-25-240-242-267 2,000.00 2,000.00 Rent Stabilization S&W 1-01-21-190-190-100 500.00 500.00 School Crossing Guards S&W 1-01-25-240-241-100 20,000.00 20,000.00 Communication Operators S&W 1-01-25-240-243-100 30,000.00 30,000.00 Snow Removal OT 1-01-26-290-291-116 100,000.00 100,000.00 Accumulated Wages 1-01-30-415-416-100 353,250.00 353,250.00 Library O/E 1-01-29-390-390-200 245,000.00 245,000.00 0.00 Grants: 0.00 0.00 TOTAL CURRENT FUND $503,750.00 $551,000.00 $1,054,750.00 **GRAND TOTAL** $503,750.00 $551,000.00 $1,054,750.00 2. That said emergency appropriation will be provided for in the 2011 operating budget in full. 3/1/11 3. That three certified copies of this resolution be filed with the Director of Local Government Services Roll Call – Ayes: Labrosse, Townes, Meneses, Melfi, Sasso NO. 110-11 OFFERED BY: MELFI SECONDED BY: LABROSSE _______________________________________________________________ WHEREAS, the Mandatory Source Separation and Recycling Act, P.L. 1987, C.102, has established a recycling fund from which tonnage grants may be made to municipalities in order to encourage local source separation and recycling programs; and WHEREAS, it is the intent of the Act to use the grants to develop new municipal recycling programs and to expand existing programs; and WHEREAS, the New Jersey Department of Environmental Protection is publicizing recycling regulations to implement the Mandatory Source Separation and Recycling Act; and WHEREAS, the recycling regulations impose on municipalities certain requirements as a condition for applying for tonnage grants, such as the keeping of accurate verifiable records of collected materials; and WHEREAS, Hackensack’s authorization to apply for a tonnage grant will honor its commitment to recycling; and NOW THEREFORE BE IT RESOLVED that the Mayor and Council of the City of Hackensack hereby endorse the submission of the recycling tonnage grant application for the year 2011 to the New Jersey Department of Environmental Protection and designates Arthur Koster as Recycling Coordinator; and BE IT FURTHER RESOLVED that the monies received from the recycling tonnage grant be deposited in a trust fund to be used solely for recycling purposes. Roll Call: Ayes- Labrosse, Townes, Meneses, Melfi, Sasso NO. 111-11 OFFERED BY: MENESES SECONDED BY: TOWNES _______________________________________________________________ WHEREAS, there exists in the City of Hackensack a need for the services of a Special Litigation Attorney for the City of Hackensack; and WHEREAS, such professional services will be rendered or performed by a person authorized by law to practice a recognized profession pursuant to N.J.S.A.19:44A-20.4, 20.5, et seq.; and 3/1/11  WHEREAS, pursuant to the Fair and Open Process Rule, N.J.S.A. 19:44A-20.4 et. seq., advertisements for proposals were published on the City of Hackensack’s Web Site, and received and reviewed for the aforementioned professional services which anticipated cost will be over $17,500 per year. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that: (l) The Mayor and Council of the City of Hackensack, through the City Manager, are hereby authorized and directed to retain the services of James Patuto, Esq., 55 State Street, Hackensack, New Jersey, 07601, to perform the position of Special Litigation Attorney for the City of Hackensack. (2) This contract is awarded pursuant to a fair and open process. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to retain a copy of the contract for public inspection. Roll Call: Ayes- Labrosse, Townes, Meneses, Sasso Abstain: Melfi NO. 112-11 OFFERED BY: MELFI SECONDED BY: LABROSSE _______________________________________________________________ AUTHORIZATION TO UNDERTAKE AN INVESTIGATION TO DETERMINE WHETHER A DELINEATED AREA SATISFIES THE CRITERIA FOR DESIGNATION AS AN AREA IN NEED OF REHABILITATION PURSUANT TO N.J.S.A. 40A:12A-14. WHEREAS, the City of Hackensack is authorized pursuant to N.J.S.A. 40A:12A-14 to determine that a delineated area may be in need of rehabilitation if the City Council determines by resolution that there exist conditions that (1) a significant portion of the structures therein are in a deteriorated or substandard condition and there is a continuing pattern of vacancy, abandonment or underutilization of properties in the area, with a persistent arrearage of property tax payments thereon or (2) more than half of the housing stock in the delineated area is at least 50 years old, or a majority of the water and sewer infrastructure in the delineated area is at least 50 years old and is in need of repair or substantial maintenance; and (3) a program of rehabilitation as defined in N.J.S.A. 40A:12A- 3 may be expected to prevent further deterioration and promote the overall development of the community; and WHEREAS, the City’s Upper Main Street Alliance has made presentations to the City Council and the public in connection with its desire for a plan of action to sustain and promote growth and development in Hackensack; and WHEREAS, the City Council has expressed its support of the efforts of the Upper Main Street Alliance to sustain and promote growth and development in Hackensack; and WHEREAS, an investigation to determine whether the city blocks and lots listed and marked in cross-hatch on the map entitled “Area in Need of Rehabilitation, City of Hackensack – New Jersey Delineation Map Study Area”, prepared by DMR Architects, dated January 18, 2011 and attached hereto and made a part hereof as Exhibit A, including the portions of the following right of ways that border upon and/or bind together the cross-hatched city blocks and lots: 3/1/11 Bergen County Place, Essex Street, State Street, New York Susquehanna / Western Railway, Union Street, Central Avenue, State Street, Ward Street, Union Street, Anderson Street, Pangborn Place, Clinton Place, Main Street, University Plaza Drive and River Street. (hereinafter the “Study Area”) constitute an area in need of rehabilitation (the “Investigation”) is an initial action that the City Council can undertake to demonstrate its support for efforts to sustain and promote growth and development in Hackensack; and WHEREAS, the City Manager has obtained proposals from DMR and Redevelopment Counsel for the costs of the Investigation which costs in total are not expected to exceed $50,000.00; and WHEREAS, the Chief Financial Officer has confirmed the availability of the funds for the costs of the Investigation. NOW, THEREFORE, BE IT RESOLVED that City Council of the City of Hackensack does hereby direct that the City Manager and City Attorney supervise the undertaking of the Investigation by DMR and Redevelopment Counsel to determine whether the Study Area constitutes an area in need of rehabilitation; and BE IT FURTHER RESOLVED that the City Manager and City Attorney shall provide the Mayor and City Council with a report that provides the results of the Investigation of whether the Study Area constitutes an area in need of rehabilitation. BE IT FURTHER RESOLVED that copies of this Resolution shall be forwarded to Stephen LoIacono, City Manager and Joseph Zisa, City Attorney. Roll Call – Ayes: Labrosse, Townes, Meneses, Melfi, Sasso NO. 113-11 OFFERED BY: MELFI SECONDED BY: LABROSSE _______________________________________________________________ WHEREAS, the citizens of Hackensack stand firmly committed to promoting reading as the catalyst for our students’ future academic success, their preparation for America’s jobs of the future, and their ability to compete in a global economy; and WHEREAS, Hackensack has provided significant leadership in the area of community involvement in the education of our youth, grounded in the principle that educational investment is key to the community’s well being and long-term quality of life; and WHEREAS, “NEA’s Read Across America,” a national celebration of reading, will be conducted on March 2, 2011, which would have been the 107 th birthday of Theodor Seuss Geisel, better known as Dr. Seuss; and WHEREAS, Read Across America-NJ is being conducted statewide by the New Jersey Education Association, in partnership with the New Jersey State League of Municipalities, the New Jersey Library Association, and their local affiliates across the state to promote reading and adult involvement in the education of our community’s students: 3/1/11  THEREFORE BE IT RESOLVED that the Mayor calls on the citizens of Hackensack to assure that every child is in a safe place reading together with a caring adult on March 2, 2011; AND BE IT FURTHER RESOLVED that the Mayor and Council enthusiastically endorses “NEA’S Read Across America” and Read Across America – NJ, and recommits our community to engage in programs and activities to make America’s children the best readers in the world. Roll Call - Ayes: Labrosse, Townes, Meneses, Melfi, Sasso NO. 114-11 OFFERED BY: TOWNES SECONDED BY: MENESES _______________________________________________________________ WHEREAS, there exists in the City of Hackensack a need to perform the services of a Labor Attorney; and WHEREAS, such professional services will be rendered or performed by a person authorized by law to practice a recognized profession pursuant to N.J.S.A.19:44A-20.4, 20.5, et seq.; and WHEREAS, pursuant to the Fair and Open Process Rule, N.J.S.A. 19:44A-20.4 et. seq., advertisements for proposals were published on the City of Hackensack’s Web Site, and received and reviewed for the aforementioned professional services which anticipated cost will be over $17,500 per year. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that: (l) The Mayor and Council of the City of Hackensack, through the City Manager, are hereby authorized and directed to retain the services of Raymond R. Wiss, Esq., 345 Kinderkamack Road, Westwood, NJ 07675 to perform the services of a Labor Attorney; and (2) This contract is awarded pursuant to a fair and open process. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to retain a copy of the contract for public inspection. Roll Call: Ayes- Townes, Meneses, Melfi, Sasso Abstain - Labrosse NO. 115-11 OFFERED BY: MELFI SECONDED BY: LABROSSE ________________________________________________________________ WHEREAS, Rx Hackensack Investment is the owner and taxpayer of real properties designated as Block 100.01, Lot 6.01, known as 219 Essex Street; and WHEREAS, the taxpayer filed an appeal to its 2010 real property tax assessment which is presently pending in the Tax Court of New Jersey; and 3/1/11  WHEREAS, the assessment for the subject property is $5,732,900; 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: “Rx Hackensack Investment c/o Rite Aid v. City of Hackensack”, Docket No.: 005118-2010 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $4,500,000. 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 provided that the refund is paid within 60 days after receipt by the City of the Tax Court Judgment. Roll Call - Ayes: Labrosse, Townes, Meneses, Melfi, Sasso NO. 116-11 OFFERED BY: MELFI SECONDED BY: LABROSSE ________________________________________________________________ WHEREAS, Crowne Barrington Inc. is the owner and taxpayer of real properties designated as Block 102, Lot 8, known as 281 Polifly Road; and WHEREAS, the taxpayer filed an appeal to its 2009 real property tax assessment which is presently pending in the Tax Court of New Jersey; and WHEREAS, the assessment for the subject property is $999,100; 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: “Crowne Barrington, Inc. v. Hackensack City”, Docket No. 001906-2009 presently pending in the Tax Court of New Jersey, so that the assessment for 2009 be reduced to $825,000; 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 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. 3/1/11  Roll Call - Ayes: Labrosse, Townes, Meneses, Melfi, Sasso NO. 117-11 OFFERED BY: MELFI SECONDED BY: LABROSSE _____________________________________________________________ WHEREAS, Hackensack Real Estate, Inc. is the owner and taxpayer of real properties designated as Block 410, Lots 11, 12 and 13, known as 100 Anderson Street, 102 Anderson Street and 106 Anderson Street, respectively; and WHEREAS, the taxpayer filed appeals to its 2008 and 2009 real property tax assessments which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessments are $259,200 for Block 420, Lot 11; $321,800 for Block 420, Lot 12 and $594,300 for Block 420, Lot 13; 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, including requests for application of the Freeze Act (N.J.S.A. 54:51A-8), which may be necessary to effectuate the settlement of litigation entitled “Hackensack Real Estate, Inc. v, City of Hackensack”, Docket Nos:00010253-2008 and 017437-2009 presently pending in the Tax Court of New Jersey, so that the assessments be retained without reduction for Block 420, Lots 11 and 12 and reduced to $394,000 for 2008 and 2009 for Block 420, Lot 13. 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 provided that the refund is paid within 60 days after receipt by the City of the Tax Court Judgment. Roll Call - Ayes: Labrosse, Townes, Meneses, Melfi, Sasso NO. 118-11 OFFERED BY: MELFI SECONDED BY: LABROSSE ________________________________________________________________ WHEREAS, Teaneck Solomons, LLC is the owner and taxpayer of real properties designated as Block 324, Lot 12.03, known as 324 Railroad Avenue; 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 3/1/11  WHEREAS, the assessment for the subject property is $896,800; 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: “Teaneck Solomons, LLC v. City of Hackensack”, Docket Nos: 010488-2007; 005318-2008; 007913-2009 and 00019997-2010, presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $775,000 for 2007, 2008, 2009 and 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 provided that the refund is paid within 60 days after receipt by the City of the Tax Court Judgment. Roll Call - Ayes: Labrosse, Townes, Meneses, Melfi, Sasso NO. 119-11 OFFERED BY: MELFI SECONDED BY: LABROSSE _______________________________________________________________ WHEREAS, the Governing Body of the City of Hackensack finds and declares that N.J.A.C. 8:51-7.1 & 9.1 states the responsibilities for abatement and/or interim controls of lead hazards and ongoing maintenance; and WHEREAS, N.J.A.C. 8:51-7.1 states in all cases where a lead hazard condition poses an immediate risk of continuing exposure for children, the property owner shall relocate occupants immediately upon receipt of the determination made by the local board of health to comparable lead safe housing until the completion of abatement and/or interim controls work; and WHEREAS, N.J.A.C. 8:51-9.1 further states any person who violates any provision of this chapter or who refuses to comply with an order or a directive of the Department or local board of health, shall be liable for penalties set forth at N.J.S.A. 26:1A-10, through injunctive action and/or as otherwise provided by law. WHEREAS, N.J.S.A. 24:14A-9 further states that if the unpaid expense of the board of health shall become a lien on the real property immediately upon removal of the nuisance and completion of the necessary repairs; 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 NOW, THEREFORE BE IT RESOLVED, by the Governing Body of the City of Hackensack that charges in the amount of $12,104.00 against the property located at 24 Van Orden Place, Block 502, Lot 5 are certified to the Municipal Tax Collector, Elisa Coccia, and she is authorized to convert these charges to become a lien upon such lands. 3/1/11  Roll Call – Ayes: Labrosse, Townes, Meneses, Melfi, Sasso A motion was made by Councilman Melfi and seconded by Deputy Mayor Meneses to open the meeting to the public. Mayor Sasso reminded the public of the five minute rule and asked everyone to be cognizant and follow proper rules of decorum, respect and civility. Kevin Heaney, 261 Summit Avenue, said that he was away last week and that he learned that the ordinance had been passed regarding parking changes on Summit Avenue. He also said that he had previously worked with John Christ on a dental health program for children and also commended him for his professionalism. Richard Puntasecca, Meadow Street, spoke about 30 Van Wetering and the occupants doing work on Sunday, parking cars without license plates, etc. He also gave Mr. Lo Iacono some photos of cars parked on the sidewalk which leaves oil stains on the sidewalk. Mr. Puntasecca said that he had been at a council meeting approximately one year ago and had complained that there was a truck body and a safe on the property. Mr. Lo Iacono said that he will follow up with the building department regarding these issues. Larry Reilly, spoke about what Mr. Puntasecca was complaining about and said that cars are illegally parked on the sidewalk and that pedestrians have to walk in the street. He asked the City Manager to please ride by and said that the law is not being followed. He also said that he had once received a ticket for blocking his own driveway but the law doesn’t apply now. Regina DiPasqua, Parker Avenue, said that she had gotten information pertaining to her OPRA request but that first Joe Mellone had left a message asking her to call him. Ms. DiPasqua also said that Mr. Mellone’s vehicle is not marked as a City vehicle but has #501 on it. She also said that she had seen Mr. Mellone heading north on Hackensack Avenue into New Milford and that he was driving crazy. She said that it would be a good idea to have all of the vehicles marked. With reference to the news rack ordinance, she asked what the constitutional issue was with the old ordinance. Mr. Zisa said that the ordinance couldn’t be enforced with reference to color, charges, etc. Ms. DiPasqua said that last night the Council had discussed a resolution to appoint an attorney and a planner for Main Street and Mayor Sasso advised that the resolution referred to last night was the one pertaining to an area in need of rehabilitation and that the DeCotiis firm will be handling this and that DeCotiis and DMR have been previously appointed by resolution. Ms. DiPasqua said that with reference to the $5,000 grant that the City is receiving from FEMA, the City is also getting another one in the amount of $66,000 which should be used for an emergency center. Ms. DiPasqua suggested that if an emergency center were to be constructed that the City should utilize property that it already owns and suggested possibly the small house on Central Avenue. Emil Canestrino, Brook Street, questioned whether there is another scandal going on in the building department and Mr. Zisa said that it is not appropriate to comment on a personnel matter at this time. Debbie Labrosse, 18 Brook Street, spoke about property that had been bought by the City on Green Street and nothing has been done with it. Ms. Labrosse also spoke about lawsuits and judges and asked if Mr. Wiss had submitted his RFQ for labor attorney during the time of the Viola decision. Mr. Zisa said that RFQ’s had been put out about two months ago. Mr. Lo Iacono said that the intent of the acquisition of property on Green Street was for a 3/1/11 redevelopment project and that it is not in a flood zone and that the City is presently using it for salt storage. However, he said that the redevelopment project has not been revisited. Nix, questioned Resolution 112-11 “area in need of redevelopment” and Mayor Sasso said that it is “rehabilitation” not “redevelopment”. He then asked where the property is located. He said that he has yet to receive plans from the building department and that the City needs a new City clerk. He also said that the building department should be annihilated and spoke about Chief Zisa, lawyer friends, etc. He said that he has been to court all over the USA and that the City Manager shouldn’t be here anymore. Steve Gelber, Clinton Place, asked questions with reference to on-going construction at Foschini Park and Mr. Lo Iacono said that certain fields are being re-graded while others are being relocated and that repairs are being made to a storm drain check valve. A motion was made by Deputy Meneses and seconded by Councilman Melfi to close the meeting to the public. Mr. Zisa spoke with reference to Mr. Nix’s OPRA request concerning copies of plans and said that he had spoken to the building department and they indicated that they are not allowed to give out plans anymore and that they must be requested from the architect. Councilman Labrosse spoke about the DOT project and asked if the bridge over Route 17 will ever be completely closed down. Mr. Lo Iacono said that at no point was he ever told that the bridge would be closed, so far only a shifting of lanes. Mayor Sasso said that she was pleased to have attended Mayor’s Legislative Day in Trenton and that there had been an interesting assembly of people. She also said that this past Saturday she had attended a HELP brunch and that the Boys and Girls Club will be taking over the project that Pargellan McCall runs for children in the housing authority. The Mayor commended Dr. McCall who also provides scholarships to high school seniors and a new scholarship in memory of Kathleen Bracken. A motion was made by Councilman Melfi and seconded by Councilman Labrosse to adjourn the meeting at 8:03 p.m. _________________________________ Mayor Karen K. Sasso _________________________________ Deputy Mayor Jorge E. Meneses _________________________________ Councilman Michael R. Melfi _________________________________ Councilman Marlin G. Townes _________________________________ Councilman John P. Labrosse 3/1/11 _____________________________ Debra Heck, City Clerk 3/1/11