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, September 20, 2011 at 7:00 p.m. Mayor Meneses 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 Jorge E. Meneses, Deputy Mayor Michael R. Melfi, Councilman John P. Labrosse, Councilman Marlin G. Townes, Councilwoman Karen K. Sasso, City Attorney Joseph C. Zisa and City Manager Stephen Lo Iacono. Mayor Meneses asked everyone to stand for the flag salute. A motion was made by Councilwoman Sasso and seconded by Councilman Labrosse to approve the minutes of the September 6, 2011 meetings. City Manager’s Report – Mr. Lo Iacono reported that honorary service cards will be offered by the County for veterans. The cards were created and approved by the New Jersey state legislature and they will enable veterans to partake in some discount programs. Mr. Lo Iacono spoke about the Anderson Street sewer project and road resurfacing, both of which will begin shortly. He also spoke about the proposed boat ramp at Court Street and said that there is a delay because the temporary bridge is on the spot. NO. 330-11 OFFERED BY: MELFI SECONDED BY: LABROSSE ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 16-2011, AN ORDINANCE FOR THE CITY OF HACKENSACK ADOPTING TRAFFIC REGULATIONS FOR CERTAIN INTERSECTIONS AND AMENDING THE APPLICABLE CITY ORDINANCES TO PROHIBIT ANY KIND OF THRU TRAFFIC AND LEFT- TURNS AT THE FOLLOWING INTERSECTIONS: ESSEX STREET AND SECOND STREET (SOUTHBOUND APPROACH) AND ESSEX STREET AND PARKWAY STREET (NORTHBOUND APPROACH), EXCEPT FOR THE SOLE PURPOSE OF RIGHT HAND TURNS ONLY. “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move? Motion offered by Deputy Mayor Melfi and seconded by Councilwoman Sasso that there be a public hearing. PUBLIC HEARING - Regina DiPasqua asked if this needs County approval and how soon this will be done as last week traffic was backed up to Parker Avenue at rush hour due to construction. Mr. Lo Iacono said that he is not aware that it needs County approval and that it will go into effect ten days after adoption and then signs will go up. 9/20/11  Motion offered by Councilwoman Sasso and seconded by Deputy Mayor 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. 16-2011has passed its second and final reading and is hereby adopted. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 331-11 OFFERED BY: TOWNES SECONDED BY: SASSO ______________________________________________________________ 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 $2,016,829.92 Escrow 806.25 Grants 10,200.00 Payroll 137,935.73 Self Insurance 257,719.99 Public Parking System 7,333.21 Capital 121,705.45 Trust Account 79,278.61 Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses The City Clerk announces that the following items are considered to be routine in nature and will be enacted in one motion; any items requiring expenditure are supported by a Certification of Availability of Funds; any item requiring discussion will be removed from the Consent Agenda; all Consent Agenda items will be reflected in full in the minutes including any exceptions and/or additions.” NO. 332-11 OFFERED BY: SASSO SECONDED BY: MELFI ________________________________________________________________ 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: $125.00 payment for a Hackensack Jr. Cheerleading registration fee Refund to: Mrs. Jill Brooks 91 Roosevelt Avenue Westwood, N.J. 07675 Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses 9/20/11  NO. 333-11 OFFERED BY: SASSO SECONDED BY: MELFI ________________________________________________________________ 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: $1,450.00 payment for two Hackensack Summer Playground registration fee, Extended Day Program Refund to: Mr. Cheikh A. Diouf 310 Prospect Ave., #425 Hackensack, N.J. 07601 Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 334-11 OFFERED BY: SASSO SECONDED BY: MELFI ______________________________________________________________________ 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 BLOCKLOT NAME YEAR REASON $ 500.00 124.04 19 Scott, Randolph 2011 Duplicate pymt Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 335-11 OFFERED BY: SASSO SECONDED BY: MELFI _______________________________________________________________ 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: 1977 Heightened Independence and Progress Inc. Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses 9/20/11  NO. 336-11 OFFERED BY: SASSO SECONDED BY: MELFI ________________________________________________________________ WHEREAS, Howard Greenberg is the owner and taxpayer of certain real property designated as Block 242.02, Lot 25 known as 15-17 Summit Avenue; and WHEREAS, the taxpayer filed appeals to his 2009 and 2010 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment was $624,400; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that this matter should be settled; and WHEREAS, said settlement is in the best interest of the City of Hackensack. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hackensack that the Tax Counsel be and is hereby authorized and directed to execute any and all documents which may be necessary to effectuate the settlement of litigation entitled “Howard Greenberg v. City of Hackensack”, Docket Nos: 001634-2009 and 020000-2010 presently pending in the Tax Court of New Jersey, so that the assessment be set as follows: ORIGINAL NEW ASSESSMENTASSESSMENTYEAR $624,400 $550,000 2009 $550,000 2010 ; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a 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 of issuance of the judgment by the Tax Court. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 337-11 OFFERED BY: SASSO SECONDED BY: MELFI ________________________________________________________________ WHEREAS, Albert Albergel is the owner and taxpayer of certain real property designated as Block 303, Lot 20, known as 194 Main Street; and WHEREAS, the taxpayer filed appeals to his 2007 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 was $1,759,800; 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 9/20/11  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) for 2008 and 2009, which may be necessary to effectuate the settlement of litigation entitled “Albert Albergel v. City of Hackensack”, Docket Nos: 008177-2077 and 020730-2010 presently pending in the Tax Court of New Jersey, so that the assessment be reduced as follows: ORIGINAL NEW ASSESSMENTASSESSMENTYEAR $1,759,800 $1,675,000 2007 $1,675,000 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 60 day after entry of judgment. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 338-11 OFFERED BY: SASSO SECONDED BY: MELFI ________________________________________________________________ WHEREAS, Rosemary Olivieri is the owner and taxpayer of certain real property designated as Block 604, Lot 14 known as 545 Summit Avenue; and WHEREAS, the taxpayer filed an appeal to her 2010 real property tax assessment which matter is presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment was $1,348,600; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that this matter should be settled; and WHEREAS, said settlement is in the best interest of the City of Hackensack. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hackensack that the Tax Counsel be and is hereby authorized and directed to execute any and all documents which may be necessary to effectuate the settlement of litigation entitled “Rosemary Olivieri v. City of Hackensack”, Docket Nos: 00502-2010 presently pending in the Tax Court of New Jersey, so that the assessment be set as follows: BLOCK/LOTASSESSMENTYEAR 604/4 $1,035,000 2010 ; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a 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 entry of the Tax Court judgment. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 339-11 OFFERED BY: SASSO SECONDED BY: MELFI ________________________________________________________________ WHEREAS, Crest Apartments, LLC is the owner and taxpayer of certain real property designated as Block 100.04, Lot 15, known as 188 Polifly Road; and 9/20/11  WHEREAS, the taxpayer filed an appeal to its 2009 real property tax assessment, which matter is presently pending in the Tax Court of New Jersey; and WHEREAS, the assessment for the subject property was $1,404,700; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that this matter should be settled; and WHEREAS, said settlement is in the best interest of the City of Hackensack. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hackensack that the Tax Counsel be and he is hereby authorized and directed to execute any and all documents which may be necessary in order to effectuate a settlement of litigation, including requests for application of the Freeze Act (N.J.S.A. 54:51A-8), entitled “Crest Apartments, LLC v. City of Hackensack”, Docket Nos: 004975- 2009 presently pending in the Tax Court of New Jersey, so that the assessment be set as follows: ORIGINAL NEW ASSESSMENTASSESSMENTYEAR $1,404,700 $1,105,000 2009 $1,105,000 2010 ; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a waiver of any interest payable to the refund to the taxpayer pursuant to N.J.S.A. 54:3- 27.2 subject to the agreement between the parties that refund is paid within 60 days of entry of judgment by the Tax Court of New Jersey Roll Call - Ayes:Labrosse, Townes, Sasso, Melfi, Meneses NO. 340-11 OFFERED BY: SASSO SECONDED BY: MELFI ________________________________________________________________ WHEREAS, State House Associates, LLC is the owner and taxpayer of certain real property designated as Block 407, Lot 16, known as 354 State Street; and WHEREAS, the taxpayer filed an appeal to its 2009 real property tax assessment which matter is presently pending in the Tax Court of New Jersey; and WHEREAS, the assessment for 2010 was $1,553,700; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that this matter should be settled; and WHEREAS, said settlement is in the best interest of the City of Hackensack. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hackensack that the Tax Counsel be and is hereby authorized and directed to execute any and all documents, 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 “State House Associates, LLC v. City of Hackensack”, Docket Nos:015410-2009 presently pending in the Tax Court of New Jersey, so that the assessment be set as follows: ORIGINAL NEW 9/20/11  ASSESSMENTASSESSMENTYEAR $1,553,700 $1,150,000 2009 ; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a full waiver of any interest payable to the taxpayer pursuant to N.J.S.A. 54:3-27.2 provided that the refund is paid within 60 day after entry of the Tax Court judgment. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 341-11 OFFERED BY: SASSO SECONDED BY: MELFI ________________________________________________________________ WHEREAS, a Workers’ Compensation claim was brought by a City employee, File Nos. HCK 3793, Claim Petition Nos. 2009-5168, who was injured while in the employ of the City of Hackensack; and WHEREAS, this employee sustained an injury as a result of a job-related activity; and WHEREAS, a Claim Petition was filed on behalf of the City employee; and WHEREAS, the City has received a recommendation from Bergen Risk Managers, Inc. to settle this matter for a total amount of $35,427.00; and WHEREAS, it is in the best interests of the residents of the City of Hackensack to amicably resolve this matter. NOW, THEREFORE, BE IT RESOLVED, that the Workers’ Compensation matter, File Nos. HCK 3793, Claim Petition Nos. 2009-5168, be and the same is hereby approved for settlement in accordance with the recommendation of Bergen Risk Managers, Inc. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 342-11 OFFERED BY: SASSO SECONDED BY: MELFI ________________________________________________________________ WHEREAS, Bank of America, the taxpayer of certain real property designated as Block 207, Lot 1, known as 15 Main Street; and WHEREAS, the taxpayer filed appeals to its 2007, 2008, 2009, 2010 and 2011 real property tax assessment, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the assessment is $2,223,200 for all years under appeal; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney, Tax Appraiser 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 9/20/11 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 “ Bank of America v. City of Hackensack”, Docket Nos:004429-2007; 002557-2008; 007912-2010; 008013-2011, presently pending in the Tax Court of New Jersey, so that the assessment be set as follows: PROPOSED ASSESSMENT – YEAR $2,338,200 2007 $2,000,000 2008 $1,750,000 2009 $1,500,000 2010 $1,500,000 2011 ; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a waiver of any interest payable on the refund to the taxpayer pursuant to N.J.S.A. 54:3- 27.2 subject to the agreement between the parties that refund is paid within 60 days after receipt by the City of the Tax Court judgment by the municipality. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 343-11 OFFERED BY: SASSO SECONDED BY: MELFI ________________________________________________________________ WHEREAS, the governing body of the City of Hackensack has been advised that an emergency affecting the safety and welfare of the City of Hackensack and the general public did occur when emergency storm and sanitary repairs were needed for Ward and Main Street, and 32 Poplar Avenue; and WHEREAS, the Project Manager notified the City Manager setting forth the circumstances regarding this emergency; and WHEREAS, the cost of repair is $12,050.68 which is fair and reasonable; and WHEREAS, the Chief Financial Officer has certified that funds are available in account 1-01-26-311-311-204 of the current account. NOW, THEREFORE, BE IT RESOLVED, by the City of Hackensack pursuant to N.J.S.A. 40A:11-6 which authorizes the governing body to pay Montana Construction, 80 Contant Avenue, Lodi, New Jersey, 07644 for this emergency and therefore be paid. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 344-11 OFFERED BY: SASSO SECONDED BY: MELFI ________________________________________________________________ WHEREAS, pursuant to an advertisement in The Record, proposals were received on August 25th, 2011 for Accounting Services for the Municipal Court; and 9/20/11  WHEREAS, four proposals were received from TCBA Watson Rice LLP, Louis C. Mai CPA & Associates, Donohue, Gironda&Doria and Garbarini& Company. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hackensack that the proposal of Accounting Services for the Municipal Court be awarded to TCBA Watson Rice, LLP., Meadows Office Complex, 301 Route 17 North, Rutherford, New Jersey,07070, for the contract total base and alternate amount of $6,000.00; and BE IT FURTHER RESOLVED, that the Chief Financial Officer has certified that funds will be available in account 1-01-43-490-490-204 of the current fund. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 345-11 OFFERED BY: SASSO SECONDED BY: MELFI ________________________________________________________________ WHEREAS, pursuant to LPCL 40A:11-6.1 three quotes were received from Wilfred MacDonald, Inc., Powerco, Inc., and Farm-Rite; and WHEREAS, the Fire Chief advised the Director of Purchasing that he had reviewed such quotations and found that Wilfred MacDonald, Inc. for a New Kubota Model RTV 1140 CPX-H Utility 2WD/4WD Vehicle Diesel (4 person model) is reasonable and satisfactory. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hackensack award the purchase of One New Kubota Model RTV 1140 CPX-H Utility Vehicle 2WD/4WD Diesel (4 person model) for the Fire Department from Wilfred MacDonald, Inc., 19 Central Blvd, South Hackensack, New Jersey, 07606, for the total price of $14,250.00; and BE IT FURTHER RESOLVED, that the Chief Financial Officer has certified that the funds will be available in grant account G-02-07-763-000-227 in the amount of $10,000.00 and grant account G-02-10-902-000-000 in the amount of $4,250.00 Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 346-11 OFFERED BY: SASSO SECONDED BY: MELFI ________________________________________________________________ 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 9/20/11  WHEREAS, the City of Hackensack has received a request for the creation of a handicapped parking space in front of 267 Berry Street, south side, from a point 137 feet west of Second Street to a point twenty feet west thereof; 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 Berry Street, south side, from a point 137 feet west of Second Street to a point twenty feet west thereof. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 347-11 OFFERED BY: SASSO SECONDED BY: MELFI ________________________________________________________________ WHEREAS, pursuant to an advertisement in The Record, bids were received on September 8th, 2011 for the HVAC Maintenance commencing January 1st, 2012 for a (4) four year period; and WHEREAS, five bids were received from CPS Mechanical Contractors, Inc., Environcon, LLC., P.A. Environmental, All County Mechanical and Project Climate Control. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hackensack that the bid for HVAC Maintenance from January 1 st, 2012 to December 31st, 2015, be awarded to P.A. Environmental, 24B Vreeland Street, Lodi, New Jersey, 07644, for $3,300.00 for 1/1—12/31/2012, $3,480.00 for 1/1- 12/31/2013, $3,660.00 for 1/1-12/31/2014, $3,840.00 for 1/1—12/31/15 each year will be under separate cover; and BE IT FURTHER RESOLVED, that the Chief Financial Officer has certified that funds will be available in accounts 2-01-26-130-130-271, 3-01-26-130-130-271, 4-01-26-130-130-271, and 5-01-26-130-130-271 of the current account. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 348-11 OFFERED BY: SASSO SECONDED BY: MELFI ________________________________________________________________ BE IT RESOLVED that pursuant to N.J.S.A. 40A 14-146-8, et seq., and the Code of the City of Hackensack, the following individuals are appointed as special law enforcement officers: Maurice Johnson David Delia James Donnelly James Keyes Robert Rossi Anthony Berg Sami Zeidan Chris Osenbruck 9/20/11  Antonio Crecco Matthew Tanda Michael Canal Chris Barral Joseph Guerra Joseph Edwing Jonathan Rodrigues John Squillace David Carpenter Scott Young Jonathan Sanchez Mark Carrillo Pierre Kongolo Jeffrey Compesi Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 349-11 OFFERED BY: MELFI SECONDED BY: SASSO ________________________________________________________________ WHEREAS, National POW/MIA Recognition Day recognizes that throughout our nation’s history, the men and women of America’s Armed Forces have preserved our freedom, protected our security, and upheld our democratic values; and WHEREAS, National POW/MIA Recognition Day is a day when we remember that in the two centuries since our nation’s birth, more than one million heroes, who paid the price for liberty with their lives, have been joined by thousands who have been held prisoners of war or whose fate has never been resolved; and WHEREAS, National POW/MIA Recognition Day commemorates those who became missing during the chaos of battle, and that the grief of their loss has been made more acute for their families and the fellow Americans because of the inability to determine whether they perished or survived; and WHEREAS, National POW/MIA Recognition Day reminds us that captive Americans, who were deprived of their freedom, and with many, treated with contempt and brutality, or used as political pawns by their captors, have fought long, lonely battles against despair, physical and psychological abuse, and the ultimate feeling of being forgotten; and WHEREAS, National POW/MIA Recognition Day honors those Americans who were held captive while serving our country, or who died as prisoners of war, far from home and family, and recognizes them for the courage and determination they showed in the face of unspeakable hardship; and WHEREAS, National POW/MIA Recognition Day is when we reaffirm our commitment to those still missing and renew our pledge to make every effort to obtain answers to their fate. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council recognizes September 16th, 2011 as National POW/MIA Recognition Day in the City of Hackensack. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses 9/20/11  NO. 350-11 OFFERED BY: TOWNES SECONDED BY: LABROSSE ________________________________________________________________ WHEREAS, each year, Americans observe National Hispanic Heritage Month from September 15th to October 15th, by celebrating the histories, cultures and contributions of American citizens whose ancestors came from Spain, Mexico, the Caribbean and Central and South America; and WHEREAS, the observation began in 1968 as Hispanic Heritage Week under President Lyndon B. Johnson and was expanded by President Ronald Reagan in 1988 to cover a 30-day period starting on September 15 th and ending on October 15th; and WHEREAS, National Hispanic Heritage Month was enacted into law on August 17, 1988, on the approval of Public Law 100-402; and WHEREAS, the day of September 15th is significant because it is the anniversary of independence for the Latin American countries of Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua; and WHEREAS, in addition, Mexico and Chile celebrate their independence days on September 16th and September 18th, respectively, and, Columbus Day or Dia de la Raza, which is October 12th, also falls within this 30 day period; and WHEREAS, this year’s theme is: “Many Backgrounds, Many Stories…One American Spirit”. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the City of Hackensack hereby proclaims September 15, 2011 to October 15, 2011 as Hispanic Heritage Month, and recognizes the indispensable contributions of the Hispanic community to our city. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses Mayor Meneses said that prior to opening the meeting to the public, he wanted to advise the public about an issue that was discussed last night at the Committee of the Whole Meeting with reference to the proposed police director ordinance. He said that after careful consideration the Council decided not to pursue the position of police director at this time. He said that the Council’s main concern was that the addition of a police director at this time would bring a new element into the police force and that it would take some time for this person to understand the department fully. He went on to say that any lapse of time in moving the department forward is time that is being wasted. He also said that the Council had a two hour meeting with the Acting Officer in Charge, Captain Tomas Padilla and that everyone was very impressed with his presentation. The Mayor said that there have been significant changes in the police department as a result of the new rules and regulations and better training standards. He also said that the department is working on getting state accreditation, which is almost ninety percent complete. The Mayor also said that a police director can only be an administrator and set policy, but if there is a problem like 300 Prospect Avenue, he cannot do anything, as he has no power. He said that the department is almost ready to turn the corner and that the Council wants to give Captain Padilla time to finalize this. He also said that this does not mean that the issue can’t be revisited and that the draft ordinance is ready. Councilwoman Sasso said that over the past few years so much management material has been lost and that led to the initial consideration of the police director, but that Captain Padilla made a very detailed presentation which 9/20/11 provided confidence in what he is doing. She also said that officers are being trained to move up in rank. Deputy Mayor Melfi said that Captain Padilla has put in many programs such as training and succession planning programs and that this is not the right time to make that change. Councilman Labrosse said that he is willing to give Captain Padilla a little more time and that he has made great improvements. He also said that not only Captain Padilla, but also the department itself, has made great strides and that he is glad that we have the ordinance ready to go should anything happen, but that he hopes not. Councilman Townes said that he was not in favor of having a police director as it mirrored the memorandum of understanding that the department had with the prosecutor’s office and that this did not quell any of the people. He also said that the department is a fraternal organization and that outside sources can cause more turmoil. The Councilman also said that it could take two years to see positive results but that we need to support the officer in charge and that the ordinance could be introduced at any time. A motion was made by Deputy Mayor Melfi and seconded by Councilman Labrosse to open the meeting to the public. Emil Canestrino said that the arguments made by the Council in opposition to a police director are very weak and that the problem is not within Captain Padilla. He also said that other problems are out of control but that Captain Padilla would still handle the day to day operations of the department. Mr. Canestrino also pointed out that Captain Padilla is still of equal rank to the other captains and that he should be a deputy chief, because the captains have a right to disagree with him. He also said that once the trials begin the whole issue will surface again and will start the same turmoil. Mr. Canestrino said that there should be a deputy chief exam and asked the Council to reconsider their position. Kathy Canestrino said that she echoes the sentiments of her husband and that she is not saying anything negative about Captain Padilla but that he is also a co-defendant in many of the civil cases. She also said that Captain Padilla is in a precarious situation and to look at what has gone on with new police recruits due to a lack of training, discipline and supervision. She also asked the Council to reconsider before this needs to be done in an emergency situation. Mayor Meneses said that this could still happen with a police director present. Kathleen Salvo, Hudson Street, again spoke about Pulaski Park and the concerns of the residents. She also spoke about flooding in the area. Mr. Lo Iacono said that as discussed two to three meetings ago, the first ward has the most improvement in crime statistics and that she is the only one complaining about this area. He also said that he has received phone calls complimenting the City on results in that area. Mayor Meneses reminded Ms. Salvo to be civil and said that he takes offense with reference to her comment “that area looks like a war zone”. Vincenzo Sicari said that he owns two buildings on the corner of Lodi and Liberty streets and spoke about the flooding issue. Mr. and Mrs. Fred Casserta, 415 Jackson Avenue, brought pictures of Pulaski Park after the storm for the Mayor and Council to see. They also spoke about area flooding and their opposition to plans for the park. Ruth Metzler, 463 Washington Avenue, said that she agrees with everyone on the flooding situation and that this was the first time that she had water in her 9/20/11 basement. She said that there is no parking near Pulaski Park, no locker rooms, no restrooms, etc. and asked why consideration was being given to something that will bring more traffic there. She also said that the police do nothing about the speeding on Washington Avenue. She asked if anyone had come down to look at Pulaski Park. Mr. Lo Iacono repeated again that no decision has been made with reference to improvements, only that grant money may be available for repairs and that the City was applying for same. He also said that it would be silly to withdraw the application as the City still needs to do other improvements. Sandra, last name unknown, a resident of Williams Avenue, asked if the Mayor had seen the pictures she had dropped off. She said that she has nothing against having sports for children but that once the children leave the problems happen. She also said that she doesn’t want men playing soccer there at night and also that there is a port-a-potty that needs to be serviced. Peter Manchisi, 217 Lodi Street, said that his family has been here since 1947 and also spoke about the flooding situation. Mr. Lo Iacono explained that City engineers have looked at this problem for years and that the sewer system does not cause the flooding. He further said that work would have to be done by the state and that the City cannot do anything to alleviate the problem as it is caused by the Riser ditch. Junie Chavez, 458 Jackson Avenue, said that she came to support her neighbors on the Pulaski Park issue. She asked the Council to please take into consideration that it is not a good idea to have a soccer field there. Regina DiPasqua, Parker Avenue, said that she does not live near the park but suggested that the Council meet with neighboring residents and speak to them for a plan for that neighborhood. Ms. DiPasqua also asked how the City Attorney ties in the subject of police director to a meeting with Captain Padilla. She also asked if it is possible to get the report and Mr. Zisa told her to file an OPRA request. Ms. DiPasqua expressed her displeasure with issues that are discussed in closed session and Mayor Meneses said that he is not here to fight with the public. A motion was made by Deputy Mayor Melfi and seconded by Councilwoman Sasso to close the public portion of the meeting. Deputy Mayor Melfi said that the Council will wait to see what kind of money the City is awarded and then come up with a more precise plan for Pulaski Park while also taking the concerns of the residents seriously. Councilman Labrosse said that he agrees with the Deputy Mayor and also said that the last thing that the Council wants to do is to create more flooding issues. The Councilman also asked Mr. Lo Iacono if there is any way to lean on the state about this issue and Mr. LoIacono said that approximately four years ago there had been discussion regarding a potential project on Hudson Street and that engineers had contacted the County and state and gave them another report on what is happening in that area and they were told that there was a lack of funds. Councilwoman Sasso said that flooding issues are global and local at the same time and that officials in Westwood were surprised that our flooding issues are not because of United Water. Mr. Lo Iacono said that residents of the apartments on Madison Street are still not back in their homes. Councilman Townes and Mr. Lo Iacono spoke about the effects of Hurricane Irene on the Boys and Girls Club of Lodi/Hackensack and said that the headquarters had sustained one million dollars in damages. Mr. Lo Iacono said that there is going to be a beefsteak fundraiser next week. A motion was made by Deputy Mayor Melfi and seconded by Councilwoman Sasso to adjourn the meeting at 8:15 p.m. 9/20/11  _________________________________ Mayor Jorge E. Meneses _________________________________ Deputy Mayor Michael R. Melfi ________________________________ Councilwoman Karen K. Sasso _________________________________ Councilman Marlin G. Townes _________________________________ Councilman John P. Labrosse _____________________________ Debra Heck, City Clerk 9/20/11