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, November 1, 2011 at 8:05 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. Approval of the minutes of the October 17, 2011 and October 18, 2011 meetings was held for the November 22, 2011 meeting. City Manager’s Report – Mr. Lo Iacono reminded everyone that the Annual Senior Citizens Novemberfest luncheon will be held on November 3, 2011 and that it is open to all Hackensack residents. Mr. Lo Iacono announced that two plaques will be unveiled at the Veteran’s Day ceremony. Mr. Lo Iacono said that the City has asked New Jersey Transit to replace the train station on Anderson Street with no success but that a shelter will be put up which will have ticket dispensing abilities. Mr. Lo Iacono also spoke about the recent snow storm and the impact that it had on the City. NO. 378-11 OFFERED BY: LABROSSE SECONDED BY: MELFI ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 18-2011, A BOND ORDINANCE REAPPROPRIATING $56,000 PROCEEDS OF OBLIGATIONS NOT NEEDED FOR THEIR ORIGINAL PURPOSE IN ORDER TO PROVIDE FOR THE ACQUISITION OF VARIOUS EQUIPMENT FOR THE DEPARTMENT OF PUBLIC WORKS 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? Motion offered by Deputy Mayor Melfi and seconded by Councilwoman Sasso that there be a public hearing. PUBLIC HEARING - Kathy Canestrino, 37 Brook Street, asked if the City desperately needed this equipment and Mr. Lo Iacono said that there is a long list of equipment needed. He also said that the City is way overdue on replacing a 11/1/11 lot of equipment and Mrs. Canestrino said that she was opposed to the original ordinance. Motion offered by Deputy Mayor Melfi and seconded by Councilwoman Sasso 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. 18-2011 has passed its second and final reading and is hereby adopted. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 379-11 OFFERED BY: SASSO SECONDED BY: MELFI INTRODUCTION OF ORDINANCE NO. 19-2011, AN ORDINANCE AMENDING CITY ORDINANCE 170-4 IS REPEALED BE IT RESOLVED that the above ordinance, being Ordinance 19-2011 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 22, 2011 at 7:00 p.m. or as soon thereafter as the matter can be reached at the regular meeting place of the City Council and at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance and that the City Clerk be and she is hereby authorized and directed to publish said ordinance according to law with a notice of its introduction and passage on first reading and of the time and place when and where said ordinance will be further considered for final passage. Roll Call: Ayes- Labrosse, Townes, Sasso, Melfi, Meneses PULLED NO. 380-11 OFFERED BY: SECONDED BY: INTRODUCTION OF ORDINANCE NO. 20-2011, AN ORDINANCE AMENDING CITY ORDINANCE NO. 170-39 TO REFLECT THAT A MANDATORY COURT APPEARANCE IS NO LONGER REQUIRED BE IT RESOLVED that the above ordinance, being Ordinance 20-2011 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 22, 2011 at 7:00 p.m. or as soon thereafter as the matter can be reached at the regular meeting place of the City Council and at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance and that the City Clerk be and she is hereby authorized and directed to publish said ordinance according to law with a notice of its introduction and passage on first reading and of the time and place when and where said ordinance will be further considered for final passage. Roll Call: Ayes- 11/1/11  NO. 381-11 OFFERED BY: SASSO SECONDED BY: LABROSSE INTRODUCTION OF ORDINANCE NO. 21-2011, AN ORDINANCE AMENDING CITY ORDINANCE NO. 15-2008 TO REPLACE SECTION 302.7 ENTITLED “ACCESSORY STRUCTURES” BE IT RESOLVED that the above ordinance, being Ordinance 21-2011 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 22, 2011 at 7:00 p.m. or as soon thereafter as the matter can be reached at the regular meeting place of the City Council and at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance and that the City Clerk be and she Current Fund $11,473,566.11 is hereby authorized and Escrow 24,501.60 directed to publish said Grants 2,744.61 ordinance according to law Payroll 134,147.94 with a notice of its introduction Public Parking System 7,664.42 and passage on first reading and Capital 265,344.46 of the time and place when and Trust Account 61,366.39 where said ordinance will be further considered for final passage. Roll Call: Ayes- Labrosse, Townes, Sasso, Melfi, Meneses NO. 382-11 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: 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. 383-11 OFFERED BY: MELFI SECONDED BY: SASSO 11/1/11 ________________________________________________________________ WHEREAS, N.J.S. 40A:4-87 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 budget; and WHEREAS, the Director may also approve the insertion of an item of appropriation for equal amount; and 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 request the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budge of the calendar year 2011 in the sum of $15,938.73 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 Summer Food Program in the amount of $15,938.73. BE IT FURTHER RESOLVED, that the like sum of $15,938.73 is hereby appropriated under the caption of: General Appropriations: (a) Operations Excluded from CAPS State and Federal Programs Off-Set by Revenues: 2011 Summer Food Program Other Expenses BE IT FURTHER RESOLVED, that the above is the result of funds from the State of New Jersey, Department of Agriculture in the amount of $15,938.73 Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 384-11 OFFERED BY: MELFI SECONDED BY: SASSO ________________________________________________________________ BE IT RESOLVED, by the Mayor and City Council of the City of Hackensack that the Mayor and City Clerk be, and they hereby are, authorized to execute a Developers’ Agreement by and between the City of Hackensack, the Zoning Board of the City of Hackensack and 7-Eleven, Inc., in connection with a Zoning Board Application, approved by said Zoning Board on July 21, 2011. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 385-11 PULLED OFFERED BY: SECONDED BY: ________________________________________________________________ WHEREAS, pursuant to LPCL 40A:11-6.1 three quotes were received from AAA Emergency Supply, Airpower International, Inc. and Eagle 11/1/11 Compressors, Inc., for Eagle T215G Talon breathing air compressor and Eagle 7066HC03 air storage system for the Fire Department; and WHEREAS, the Fire Chief advised the Director of Purchasing reviewed such quotations and found that AAA Emergency Supply for the Eagle T215G Talon breathing air compressor and Eagle 7066HC03 air storage system is reasonable and satisfactory. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hackensack award the purchase of the Eagle T215G Talon breathing air compressor and the Eagle 7066HC03 air storage system for the Fire Department, from AAA Emergency Supply, 635 North Broadway, White Plains, New York, 10603 for the total price of $38,449.00; and BE IT FURTHER RESOLVED, that the Chief Financial Officer has certified that the funds will be available in capital account 11-01-27-330-332-29B in the amount of $38,449.00. Roll Call – Ayes NO. 386-11 OFFERED BY: MELFI SECONDED BY: SASSO ________________________________________________________________ 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 Engine 2 of the Hackensack Fire Department needed emergency repairs; and WHEREAS, the Fire Chief notified the City Manager setting forth the circumstances regarding this emergency; and WHEREAS, the cost of the repair is $5,431.14 which is fair and reasonable; and WHEREAS, the Chief Financial Officer has certified that funds are available in the account 1-01-25-265-265-273 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 Valtek, Inc., 752 20th Avenue, Paterson, New Jersey, 07504, for this emergency and therefore be paid. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 387-11 OFFERED BY: MELFI SECONDED BY: SASSO ________________________________________________________________ WHEREAS, Maureen L. de la Bruyere, Clerk Typist, has requested a Leave of Absence without pay for three (3) months for personal medical reasons; and 11/1/11  WHEREAS, the City Manager, Stephen LoIacono has determined that this employee be granted a three (3) month leave of Absence , from Friday, November 4, 2011 to Friday, February 3, 2012. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hackensack, that Maureen L. de la Bruyere, Clerk Typist, be granted a three (3) month Leave of Absence, without pay, as requested; and BE IT FURTHER RESOLVED, that a certified copy of this Resolution is forwarded to the employee’s pension system by the Chief Financial Officer. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 388-11 OFFERED BY: MELFI SECONDED BY: SASSO ________________________________________________________________ WHEREAS, AAA Emergency Supply, 635 North Broadway, White Plains, New York, 10603 has been awarded New Jersey State Contract A76370 under the State of New Jersey; and WHEREAS, the City of Hackensack wishes to purchase (10) Ten Scott 804721-01 30 Minute Carbon SCBA cylinders for the Fire Department pursuant to Local Public Contract Laws (N.J.S.A. 40A: 11-12); and WHEREAS, the cost to purchase these Scott 804721-01 30 Minute carbon SCBA cylinder will be $8,487.00; and WHEREAS, the Fire Chief and the Director of Purchasing agrees that the utilization of the contract represent the best price available. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the City of Hackensack authorizes the purchase of (10) ten Scott 804721-01 30 Minute Carbon SCBA cylinders from AAA Emergency Supply, 635 North Broadway, White Plains, New York, 10603; and BE IT FURTHER RESOLVED, that the Chief Financial Officer has certified funds are available from accounts 11-01-25-26-265-241 and 11-01-25-265-265- 271 of the current fund. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 389-11 OFFERED BY: MELFI SECONDED BY: SASSO ________________________________________________________________ WHEREAS, statute N.J.S.A. 54:4-03.30 permits a 100% Disability deduction to be granted to qualifying property owners; and WHEREAS, an application must be in writing by the claimant and submitted on Form PTD to the Tax Assessor’s office supported with documents to substantiate all necessary qualifications; and 11/1/11  WHEREAS, Miguel E. Portillo, residing at 850 Main Street, Unit 106, Hackensack, New Jersey, having satisfied the above, determined to be a 100% disabled veteran declared by the Tax Assessor and is entitled to tax exemption at 100% to be prorated as of November 4, 2010, is entitled to receive a refund in the amount of: 2010 - $ 803.24 2011 - $3,429.54 $4,232.78 NOW, THEREFORE, BE IT RESOLVED, the Tax Collector is directed to cancel 2011 property taxes and issue a refund in the amount of $4,232.78 on Block 537 Lot 4 Qual C0106, assessed to Nelly and Miguel E. Portillo, as discussed with their lender, Sheila Gill of Quicken Loans, to reflect the disabled veteran exemption for Miguel E. Portillo. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 390-11 OFFERED BY: MELFI SECONDED BY: SASSO ________________________________________________________________ WHEREAS, Tenken Realty Co., LLC, is the owner and taxpayer of certain real property designated a Block 210.01, Lot 15 Known as 136 State Street and Block 303, Lot 1, designated as 140 State Street; and WHEREAS, the taxpayer filed appeals to its 2009, and 2010 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey, and WHEREAS, the assessment for Block 210.01, Lot 15 was $1,859,300 and the assessment for Block 303, Lot 1 was $1,507,500; and WHEREAS, upon review of information submitted, reductions appear 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 “Tenken Realty Co. LLC. v. City of Hackensack”, Docket Nos: 00004902-2009, 009577-2010- 2010 and 009922-2010 presently pending in the Tax Court of New Jersey, so that the assessments be set as follows: LOT/BLOCK PROPOSED ASSESSMENT-YEAR 15 210.01 $1,540,000 2009 136 State Street $1,540,000 2010 LOT/BLOCK PROPOSED ASSESSEMENT-YEAR 1 303 $1,260,000 2009 140 State Street $1,260,000 2010 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 the entry of judgment by the Tax Court of New Jersey. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses 11/1/11  NO. 391-11 OFFERED BY: MELFI SECONDED BY: SASSO ________________________________________________________________ BE IT RESOLVED, that the Mayor and Council of the City of Hackensack wish to enter into a grant agreement with the County of Bergen for the purpose of using a $200,000 grant award from the 2010 Funding Round of the Bergen County Open Space, Recreation, Farmland and Historic Preservation Trust Fund (“Trust Fund”) for the project entitled: Foschini Park Improvements; and BE IT FURTHER RESOLVED, that the Mayor and Council hereby authorize Stephen LoIacono, City Manager to be a signatory to the aforesaid grant agreement contract; and BE IT FURTHER RESOLVED, that the Mayor and Council hereby authorize Tammy Zucca, Chief Financial Officer to sign all County of Bergen Payment Vouchers submitted in conjunction with the aforesaid project; and BE IT FURTHER RESOLVED, that the Mayor and Council recognize that the City of Hackensack is liable for a dollar for dollar match for any funds awarded in accordance with the Trust Fund’s requirements. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 392-11 OFFERED BY: MELFI SECONDED BY: SASSO ________________________________________________________________ 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 78 Vanderbeck Place, east side from a point 293 feet north of the north easterly curb line of Anderson Street, to a point 25 feet north 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. 11/1/11  NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the City of Hackensack hereby authorize and approve the creation of this handicapped space. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 393-11 OFFERED BY: MELFI SECONDED BY: SASSO ______________________________________________________________________ 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 $ 907.50 317 1 74 Central Avenue LLC 2011 Duplicate Pymt 805.62 343 10,C011F Greene, Marvin 2011 CBJ 4,203.74 540 14 Tescolaw LLC 2011 Duplicate Pymt 215.17 250 8 Wagner, Diane 2010 “ “ 541.00 138 63 Corelogic 2011 “ “ Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses PULLED NO. 394-11 OFFERED BY: SECONDED BY: ________________________________________________________________ BE IT RESOLVED, by the Mayor and City Council of the City of Hackensack that City Manager Stephen Lo Iacono is hereby authorized and directed to execute an agreement with Desman Associates, 49 West 37 th Street, 5th Floor, New York, NY, 10018 for Parking Consultant services to assist with the development of a Rehabilitation and Redevelopment Plan for the Main Street Corridor. Roll Call - Ayes: NO. 395-11 OFFERED BY: TOWNES SECONDED BY: LABROSSE ________________________________________________________________ BE IT RESOLVED, by the Mayor and City Council of the City of Hackensack that City Manager Stephen Lo Iacono is hereby authorized and directed to execute an agreement with DMR Architects, for Architectural and Engineering services for the proposed Emergency Operations Center. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses Nays: Melfi NO. 396-11 11/1/11 OFFERED BY: MELFI SECONDED BY: SASSO ________________________________________________________________ WHEREAS, various Year 2011 bills have been presented for payment this year, which bills were not covered by Year 2011 Budget Appropriations; and WHEREAS, N.J.S.A.40A: 4-58 provides that amounts in excess of appropriations over and above the amounts deemed to be necessary to fulfill the purpose of such appropriations may be transferred to appropriations deemed to be insufficient during the last two months of the year. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hackensack that the transfers in the amount of $1,634,680 be made between the Year 2011 Budget Appropriations as outlined on the attachment: Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses A motion was made by Deputy Mayor Melfi and seconded by Councilman Townes to open the meeting to the public. Larry Eisen, 390 Maple Hill Drive, asked where the emergency operations center is going to be put and Mr. Lo Iacono said that it would be over the Civic Center and Health department. Mr. Eisen asked if it shouldn’t be located at an auxiliary site and Mr. Lo Iacono said that emergency management personnel do not see a problem with it being located there. Mr. Eisen also said that the DPW did a great job during the snow storm but asked why police personnel weren’t assigned to certain intersections. Emil Canestrino, 37 Brook Street, said that he agrees with Mr. Eisen that this is a horrible choice and that you never put a command center next to a building that you expect to go down. He said that the center should be centralized and Mr. Lo Iacono said that the center will be fully self-sufficient. Mr. Canestrino suggested that the City get a second opinion on this. He also commented about the intersection of Essex Street and Summit Avenue and said that there was no one directing traffic there. He suggested that the City should call the county for help or use H-COPS. Mr. Lo Iacono said that the City was stretched for manpower and that the county police and sheriff’s department had assisted on Sunday. Mr. Canestrino again stressed that major intersections should not be left unmanned. Kathy Canestrino, 37 Brook Street, asked questions about the transfer resolution and Mr. Lo Iacono answered her. Debbie Labrosse, 18 Brook Street, also spoke about budget transfers, insurance and legal cases. Mr. Lo Iacono stated that many of the rulings have been very friendly to the City. Mrs. Labrosse also asked who made the recommendation to use the area above the Civic Center for an emergency management center and Mr. Lo Iacono said that police, fire and everyone else is enthusiastic about that. A motion was made by Deputy Mayor Melfi and seconded by Councilwoman Sasso to close the public portion of the meeting. Councilwoman Sasso said that the past week had been tough for personal losses and acknowledged the death of Theresa Johnson, sister of Rosemarie Mayo. Councilman Townes said that a classmate of his daughter’s, 24 years old, had also passed away last week. He said that the student was brilliant and was doing stem cell research and that funerals for young people take a toll on the 11/1/11 survivors. He also said that this loss was not only a Hackensack loss but also a world loss and also that the student has a brother who is just as brilliant attending Cornell. Councilman Townes asked everyone to keep this family in their prayers. Councilman Labrosse commented that mother nature had shown her wrath again this week and gave kudos to the emergency management team, Chief Freeman, Captain Padilla, etc. He also said that some intersections were tough and could have possibly been controlled with flares. Mayor Meneses said that he had gone to the command center on Saturday afternoon and that the police and fire personnel were overwhelmed with phone calls, however they were doing a great job in those circumstances. He returned on Sunday morning and said that by today most of the City is getting back to normal. The Mayor also asked Mr. Lo Iacono to give his thanks to all of the emergency personnel. A motion was made by Deputy Mayor Melfi and seconded by Councilwoman Sasso to adjourn the meeting at 8:50 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 11/1/11