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, October 18, 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 Councilman Labrosse and seconded by Councilman Townes to approve the minutes of the October 4, 2011 meetings. City Manager’s Report – Mr. Lo Iacono advised that on the City website there is information concerning a BCUA program to collect unused and un-needed medications which contains drop off locations of Bogota, Teaneck and Lodi. Mr. Lo Iacono also advised that on the agenda tonight there is an endorsing resolution for Community Development Block Grant applications for the City and other organizations. He also said that it is still not known how much money will be available for distribution but that a severely reduced number is expected. Mr. Lo Iacono has received notification from the Recreation Department that the Novemberfest Senior Luncheon will be held on November 3, 2011. With reference to the road paving program, the project has been on-going for three weeks now and curb work is being done first. The curb work should be done by the end of the week and next week paving will begin. Mr. Lo Iacono encouraged residents to begin using the recycling center on Green Street and said that the Community Link newsletter which will be sent out after Thanksgiving will contain further information about the center. NO. 364-11 OFFERED BY: SASSO SECONDED BY: LABROSSE ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 17-2011, A BOND ORDINANCE APPROPRIATING $225,000 FROM THE CAPITAL IMPROVEMENT FUND FOR IMPROVEMENTS TO UNION STREET PARK, IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move? 10/18/11  Motion offered by Councilwoman Sasso and seconded by Councilman Townes that there be a public hearing. PUBLIC HEARING - Mr. Lo Iacono said that this is not new bonding but rather re-wording of a previous bond ordinance. Motion offered by Deputy Mayor Melfi and seconded by Councilwoman Sassso 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. 17-2011 has passed its second and final reading and is hereby adopted. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 365-11 OFFERED BY: LABROSSE SECONDED BY: SASSO INTRODUCTION OF ORDINANCE NO. 18-2011, A BOND ORDINANCE REAPPROPRIATING $56,000 PROCEEDS OF OBLIGATIONS NOT NEEDED FOR THEIR ORIGINAL PURPOSES IN ORDER TO PROVIDE FOR THE ACQUISITION OF VARIOUS EQUIPMENT FOR THE DEPARTMENT OF PUBLIC WORKS Current Fund $2,279,487.60 IN AND BY THE CITY OF Escrow 5,838.04 HACKENSACK, IN THE COUNTY Grants 14,400.00 OF BERGEN, NEW JERSEY. Payroll 9,990.12 Self Insurance 201,884.57 BE IT Public Parking System 2,582.37 RESOLVED that the above Capital 59,462.58 ordinance, being Ordinance 18- Trust Account 74,140.76 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 November 1, 2011 at 8:00 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- Labrosse, Townes, Sasso, Melfi, Meneses NO. 366-11 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: 10/18/11  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. 367-11 OFFERED BY: SASSO 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 $ 116.40 344 16,C005D Chase Home Finance 2010 Duplicate pymt 1,444.28 540 1,C00F2 Corelogic 2010 “ “ 1,210.56 33 12 Michael A. Vespasiano, Attorney Trust Account for 2010 SBJ EWS Company Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 368-11 OFFERED BY: SASSO 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 and the general public did occur when emergency repairs were needed to the Storm and Sanitary Systems due to Hurricane Irene at the following locations, 194 and 155 Passaic Street, Newman and Sussex Street, 55 Ross Avenue, 92 Passaic Street and Anderson and Main Street; and WHEREAS, the Project Manager 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 said repairs is $41,722.17, which was a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in current account 1-01-26-311-311-204. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the City of Hackensack that pursuant to N.J.S.A. 40A: 11-16 which authorizes the 10/18/11 governing body to award contracts without benefit of public bidding in emergency situations and the vendor Montana Construction Corp, Inc., 80 Contant Avenue, Lodi, New Jersey, 07644 be paid therefore. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 369-11 OFFERED BY: SASSO 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 and the general public did occur when the Emergency 911 System became in-operable and in need of replacement at the Police Department; and WHEREAS, the A.O.I.C. of the Police Department 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 said replacement is $30,771,00, which is a fair and reasonable quotation, under State Contract #T1044; and WHEREAS, the Chief Financial Officer has certified that funds are available in DEA Trust Fund account T-03-56-850-836-801. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and 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 to public bidding in emergency situations and the vendor Micro Strategies, 104 Broadway, Denville, New Jersey, 07834 be paid therefore. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 370-11 OFFERED BY: SASSO SECONDED BY: TOWNES WHEREAS, Lighthouse Temple Avenue is the owner and taxpayer of certain real property designated as Block 511, Lot 11, known as 54-78 Temple Avenue; 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 assessment for each year under appeal was $6,111,500; and WHEREAS, upon review of information submitted, reductions 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 10/18/11 entitled “Lighthouse Temple Avenue v. City of Hackensack”, Docket Nos: 001557-2008 and 017840-2009 presently pending in the Tax Court of New Jersey, so that the assessment for 2010 be set as follows: ASSESSMENT - YEAR $5,700,000 2008 $5,700,000 2009 ; 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 judgment by the Tax Court of New Jersey. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 371-11 OFFERED BY: SASSO 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: $51.00 payment for a construction permit refund. Refund to: Mr. Carlos Larrea 131 Fairmount Avenue Hackensack, NJ, 07601 Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 372-11 OFFERED BY: SASSO SECONDED BY: TOWNES ________________________________________________________________ WHEREAS, Ghazi Gharib is the owner and taxpayer of certain real property designated as Block 81, Lot 30, known as 175 Lexington Avenue; 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 was $859,900; 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 he is hereby authorized and directed to execute any and all documents which may be necessary to effectuate the settlement of litigation entitled “Gharib, Ghazi v. City of Hackensack”, Docket Nos: 005790-2007; 10/18/11 000967-2008; 017821-2009 and 019236-2010 presently pending in the Tax Court of New Jersey, so that the assessment be reduced as follows: ASSESSMENT YEAR $ 600,000 2007 550,000 2008 500,000 2009 475,000 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 the refund is paid within 60 days of the entry of judgment by the Tax Court of New Jersey. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 373-11 OFFERED BY: SASSO SECONDED BY: TOWNES WHEREAS, 227 Main Street, LLC., is the owner and taxpayer of certain real property designated as Block 314, Lot 10, known as 227-229 Main Street; and WHEREAS, the taxpayer filed appeals to its 2007 real property tax assessment which matter is presently pending in the Tax Court of New Jersey; and WHEREAS, the assessment was $689,600 for 2007; 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 “227 Main Street, LLC. v. City of Hackensack”, Docket Nos: 008096-2007, presently pending in the Tax Court of New Jersey, so that the assessment be reduced as follows: ASSESSMENT – YEAR $500,000 2007 ; 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 the refund is paid within 60 days of issuance of the judgment by the Tax Court of New Jersey. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 374-11 OFFERED BY: SASSO SECONDED BY: TOWNES WHEREAS, Esther Tufano, is the owner and taxpayer of certain real property designated as Block 352, Lot 106, known as 450 Heath Place; and WHEREAS, the taxpayer filed appeals to her 2010 real property tax assessment, which matter is presently pending in the Tax Court of New Jersey; and 10/18/11  WHEREAS, the yearly assessment was $496,700; 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 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 “Tufano, Esther v. City of Hackensack”, Docket Nos: 020789-2010 presently pending in the Tax Court of New Jersey, so that the assessment for 2010 be set as follows: ASSESSMENT - YEAR $375,000 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 subject to the agreement between the parties that the refund is paid within 60 days of the entry of judgment by the Tax Court of New Jersey. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 375-11 OFFERED BY: SASSO SECONDED BY: TOWNES ________________________________________________________________ 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: 1983 HUMC Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 376-11 OFFERED BY: SASSO SECONDED BY: TOWNES WHEREAS, Bergen County Community Development Grants have been proposed by the following organizations 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 10/18/11  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 PURPOSE AMOUNT The Arc of Bergen and Passaic Independent Living and Family Support Programs $13,000.00 Children’s Aid and Family Eldercare Expansion Project Services, Inc. at the Americans Unidas & Garfield Senior Centers $39,140.00 APPLICANT PURPOSE AMOUNT Volunteer Center of Bergen Chore Service $20,000.00 County, Inc. Bergen County Technical Bergen County Technical Schools Schools, Day Care Center $14,737.00 Hackensack Campus Bergen County Technical Bergen County Technical Schools Schools, Hackensack Campus, $3,863.00 Adult Education Building Bergen County Technical Bergen County Technical School Schools Hackensack Campus, Bergen County $65,750.00 Academies Heightened Independence Hispanic Outreach Project $43,475.00 And Progress Community Housing In New Roof $56,400.00 Partnership, Inc. (CHIP) Bergen County Community BCCAP Child Development Action Partnership, Inc. Center of Hackensack $74,672.00 North Jersey Friendship Roof Replacement $82,400.00 House, Inc. Fair Housing Council of Discrimination/Comprehensive Northern New Jersey Housing Counseling $225,000.00 City of Hackensack Road Resurfacing Program $360,505.00 City of Hackensack Ongoing ADA Curb/Corner Replacement $180,000.00 The Arc of Bergen and ARC Headquarters Entrance Passaic and Lobby $53,300.00 Bergen County Housing BCHC Tenant Outreach and $124,000.00 Coalition Guidance Project Bergen County Division of Vision Mentoring for Homeless $23,000.00 Family Guidance Youth Martin Luther King, Jr. Martin Luther King, Jr. Senior Senior Center, Inc. Center, Inc. – Program $67,400.00 Coordinator/Supplies Martin Luther King, Jr. Martin Luther King, Jr. Senior Senior Center, Inc. Center, Inc. – Intergenerational Afterschool Program $68,300.00 H.O.P.E. for Ex-Offenders Application B-RED DOOR & Family Services Community Food Bank of New Jersey $ 8,377.00 H.O.P.E. for Ex-Offenders Application A-Operations $55,814.75 TRI-ARC Community Youth Enrichment Initiative $40,000.00 Development Corp. Roll Call: Ayes: Labrosse, Townes, Sasso, Melfi, Meneses 10/18/11  NO. 377-11 OFFERED BY: SASSO SECONDED BY: TOWNES ________________________________________________________________ WHEREAS, N.J.S. 40A:-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount was not determined at the time of the adoption of the budget; and WHEREAS, the Director may also approve the insertion of an item of appropriation for equal amount. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the City of Hackensack, in the County of Bergen, State of New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of any item of revenue in the budget of the calendar year 2011 in the sum of $7,524 which is now available from: Miscellaneous Revenues: Special Items of General Revenue Anticipated With Prior Written Consent of the Director of the Division of Local Government Services: State and Federal Revenues Off-set with Appropriations: 2011 Bullet Proof Vests In the amount of $7,524. BE IT FURTHER RESOLVED, that the like sum of $7,524 is hereby appropriated under the caption of: General Appropriations: (a) Operations Excluded from CAPS State and Federal Programs Off-Set by Revenues: 2011 Bullet Proof Vests Other Expenses BE IT FURTHER RESOLVED, that the above is the result of funds from The United States Department of Justice Assistance in the amount of $7,524. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses A motion was made by Deputy Mayor Melfi and seconded by Councilman Labrosse to open the meeting to the public. Larry Eisen asked what a tink claw is and Mr. Lo Iacono said that it is used to pick up leaves. Emil Canestrino, Brook Street, said that the dams in Borg’s Woods have been removed and were removed the day before the Chronicle got there. He also said that the Police Department will need to put a task at the Union Street park once it is complete and Mr. Lo Iacono said that it is complete. Kathy Canestrino, 37 Brook Street, asked if the Council was still considering revisiting moving elections to November and said that Mrs. Sasso was going to table the issue and revisit it. Mrs. Canestrino asked Mayor Meneses to revisit the issue this year and see what it would save the taxpayers. Mayor Meneses said that he will poll the Council after the November election. Mrs. Canestrino also thanked Mr. Lo Iacono for his work on the Borg’s Woods issue. 10/18/11  Sandra, 432 Williams Avenue, said that she has been having issues with Pulaski Park again as organized soccer games are being held there. She said that approximately fifty to sixty people were at one game and the police told the players that they need a permit and made them leave. She said that she had been speaking to Bill White and he said that they have been playing on school property. A motion was made by Councilwoman Sasso and seconded by Deputy Mayor Melfi to close the public portion of the meeting. Mr. Zisa said that after Ms. Salvo’s comment at the last meeting about him billing the City for visiting Pulaski Park, he has deducted the amount that he charged from his most recent bill. A motion was made by Deputy Mayor Melfi and seconded by Councilman Townes to adjourn the meeting at 7:25 p.m. _________________________________ 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 10/18/11