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, January 3, 2012, at 8:18 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 Deputy Mayor Melfi to approve the minutes of the December 5 and 6, 2011 meetings with one correction as follows to the December 6, 2011 minutes: Councilwoman Sasso said that she echoed what Councilman Townes said but once they realized the magnitude of the situation the Council decided to hire Mr. Calo to oversee all counsel in order to maintain control. City Manager’s Report – The Masonic Lodge ADA work is nearing completion, hopefully by February 1st, then the next phase will be some exterior work which will be paid for with Open Space money to create a park like setting. With reference to the Foschini Park project, Mr. Lo Iacono advised that it will be easily completed by the beginning of summer. He also said that the County will be triggering various open space grants within the next four to six months and the City will be drawing down money for these projects and final clean up work at the Second Ward Park. Mr. Lo Iacono said that the City will continue to pursue additional funds. Councilwoman Sasso apologized to the audience as the Council was in the back longer than they expected. She said that the City is at the point where it will be going after attorneys fees as a result of the recent dismissal of the Al Ayoubi case. She said that there have been hollow lawsuits filed and Mayor Meneses directed the City Attorney to investigate going after these fees. NO. 1-12 OFFERED BY: TOWNES SECONDED BY: LABROSSE INTRODUCTION OF ORDINANCE NO. 1-2012, AN ORDINANCE TO AMEND CHAPTER 170-49.2 “PARKING FOR THE HANDICAPPED” TO ELIMINATE THE HANDICAPPED PARKING SPACE LOCATED ON THE EAST SIDE OF WASHINGTON AVENUE IN THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN BE IT RESOLVED that the above ordinance, being Ordinance 1-2012 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 January 17, 2012 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. 1/3/12  ORDINANCE NO. 1-2012 AN ORDINANCE AMENDING CHAPTER 170-49.2 “PARKING FOR THE HANDICAPPED”, TO ELIMINATE THE HANDICAPPED SPACE CREATED BY ORDINANCE 28-2007 LOCATED ON THE EAST SIDE OF WASHINGTON AVENUE FROM A POINT 390 FEET NORTH FROM THE NORTH WESTERLY CURB LINE OF WORTH AND WASHINGTON AVENUE TO A POINT 20 FEET SOUTH THEREOF. BE IT ORDAINED, by the City Council of the City of Hackensack, in the County of Bergen and State of New Jersey, as follows: Section I Chapter 170-49.2 “Parking for the Handicapped” of City Ordinance 2-82 is amended to eliminate the following parking space: Name of Street Sides Location Washington Ave East From a point 390 feet north from the north westerly curb line of Worth and Washington Avenue to a point 20 feet south thereof. Section II It is the express intent of this Ordinance to eliminate one handicapped parking space on the east side of Washington Avenue from a point 390 feet north from the north westerly curb line of Worth and Washington Avenues to a point 20 feet south thereof. Section IIIIf any part or parts of this Ordinance are for any reason held to be invalid, such adjudication shall not affect the validity of the remaining portions of this Ordinance. Section IV All Ordinances or parts of Ordinances, which are inconsistent herewith are repealed, but only to the extent of such inconsistency. All other parts of Chapter 170-49.2 not inconsistent are herewith ratified and confirmed. Section V This article shall become effective immediately upon its final passage and publication as required by law. This Ordinance shall take effect after publication of a Notice of Final Adoption as required by law. Roll Call: Ayes- Labrosse, Townes, Sasso, Melfi, Meneses PULLED NO. 2-12 OFFERED BY: SECONDED BY: INTRODUCTION OF ORDINANCE NO. 2-2012, AN ORDINANCE TO AMEND CHAPTER 170-50 WHICH DESCRIBES INTERSECTIONS WHICH ARE DESIGNATED AS “STOP” INTERSECTIONS BE IT RESOLVED that the above ordinance, being Ordinance 2-2012 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 January 17, 2012 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 1/3/12 passage on first reading and of the time and place when and where said ordinance will be further considered for final passage. ORDINANCE NO. 2-2012 AN ORDINANCE AMENDING CHAPTER 170-50 WHICH DESCRIBES INTERSECTIONS WHICH ARE DESIGNATED AS “STOP” INTERSECTIONS No person shall park a vehicle at any time within 100’ of the stop sign controlling the westbound lane of Stanley Place at the intersection of Stanley Place and First Street. It is the express intent of the Mayor and Council of the City of Hackensack to prohibit parking for a distance of 100’ before the stop sign on the westbound lane of Stanley Place at the intersection of Stanley Place and First Street. This Ordinance shall take effect after publication of a Notice of Final Adoption as required by law. Roll Call: Ayes- NO. 3-12 OFFERED BY: SASSO SECONDED BY: MELFI INTRODUCTION OF ORDINANCE NO. 3-2012, AN ORDINANCE AMENDING CHAPTER 175 OF THE CODE OF THE CITY OF HACKENSACK, ENTITLED “ZONING ORDINANCE AND MAP” BE IT RESOLVED that the above ordinance, being Ordinance 3-2012 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 January 17, 2012 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. ORDINANCE 3-2012 AN ORDINANCE AMENDING CHAPTER 175 OF THE CODE OF THE CITY OF HACKENSACK, ENTITLED “ZONING ORDINANCE AND MAP” WHEREAS, in order to effectuate portions of the City’s Master Plan, the City may from time to time re-zone certain lots / blocks provided that the ordinance is enacted to advance the general welfare and is consistent with the planning objectives of the City’s Master Plan and / or Re-Examination Report; and 1/3/12  WHEREAS, as of the date hereof, Lot 0223 in Blocks 531.01_1; 527_5.02 and 532.02_1, as designated on the official tax map of the City of Hackensack (hereinafter “the Property’), is currently used by the County of Bergen as a County Police Headquarters and County DPW Facility; and WHEREAS, the City’s Master Plan Re-Examination Report, dated July 8, 2009, identifies the subject property of potentially becoming available as a “redevelopment opportunity area” and, thus, furthering the objectives of the City’s 2001 Master Plan, that being to assist in the rehabilitation of areas in need of improvement and upgrading (See p. 4 of the City’s Master Plan Re-Examination Report, dated July 8, 2009); and WHEREAS, the said Re-Examination Report specifically identifies the redevelopment potential of the Property as being a goal and objective for the City’s current Master Plan (See p. 16 of the City’s of the City’s Master Plan Re-Examination Report, dated July 8, 2009); and WHEREAS, as currently developed, the Property is prone to flooding, has been developed overtime in a inefficient utilization of the Property and its structures can no longer support the uses contained therein and, thus, the rezoning of the Property to facilitate its redevelopment would promote the general welfare. NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Hackensack, in the County of Bergen and State of New Jersey, that Chapter 175 of the Code of the City of Hackensack, entitled “Zoning Ordinance and Map” is hereby amended, supplemented and revised as follows: Article III. Establishment of Districts; Zoning Map. Section 175-3.4 is hereby added to read as follows: 175.3.4 REZONING OF CERTAIN LOTS / BLOCKS A. In order to effectuate portions of the City’s Master Plan, the City may from time to time re-zone certain lots / blocks provided that the ordinance is enacted to advance the general welfare and is consistent with the planning objectives of the City’s Master Plan and / or Re-Examination Report. 1. Lot 0223 in Blocks 531.01_1; 527_5.02 and 532.02_1 Said Property shall be re-zoned and designated as being within the B-2 Zoning District and the Principal Permitted Uses, Accessory Uses, Conditional Uses, bulk requirements and other requirements / restrictions shall be as set forth in the “Schedule of District Regulations – B-1 District” as set forth elsewhere in Chapter 175. If any part or parts of this Ordinance for any reason is held to be invalid, such adjudication shall not affect the validity of the remaining portions of this Ordinance. All Ordinances or parts of Ordinances, which are inconsistent herewith are repealed, but only to the extent of such inconsistency. This article shall become effective immediately upon its final passage and publication in accordance with applicable law. Roll Call: Ayes- Labrosse, Townes, Sasso, Melfi, Meneses NO. 4-12 OFFERED BY: LABROSSE 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: 1/3/12  Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses The City Clerk announced 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. 5-12 OFFERED BY: SASSO SECONDED BY: LABROSSE _____________________________________________________________________ Current Fund $1,581,928.40 BE IT RESOLVED, that the following Escrow 12,924.54 individual is appointed as Special Law Grants 1,301.50 Enforcement Officer in the City of Payroll 147,095.70 Hackensack for the period of January 1, Public Parking System 5,903.63 2012 through December 31, 2012: Capital 509,048.16 Trust Account 29,967.21 Michael Canal Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 6-12 OFFERED BY: SASSO SECONDED BY: LABROSSE _____________________________________________________________________ WHEREAS, the City of Hackensack instituted an action in the Tax Court of New Jersey against the Director of the Division of Taxation challenging the Average Ratio and Common Level Range established by the Division of Taxation of the Department of the Treasury pursuant to N.J.S.A. 54:1-35.1 et seq. for the year 2012; and WHEREAS, the Average Ratio as originally determined by the Director of the Division of Taxation yearly assessment was 84.44%; and WHEREAS, upon review of information submitted by the City of Hackensack, the Director of the Division of Taxation has agreed to increase the Average Ratio to 87.65%; 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 1/3/12 entitled “City of Hackensack v. Director, Division of Taxation”, Docket No: 017712-2011 presently pending in the Tax Court of New Jersey, so that the Average Ratio established by the Division of Taxation of the Department of Treasury pursuant to N.J.S.A. 54:1-35.1 et seq. be set at 87.65% for the year 2012. Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 7-12 OFFERED BY: SASSO SECONDED BY: LABROSSE _____________________________________________________________________ WHEREAS, on December 19, 2011 resolution No. 448-11 was passed by the governing body of the City of Hackensack awarding a contract to USA Security Services, 207 Lodi Street, Hackensack, New Jersey for the purchase of a Key Card Entry System for the Police Department in the amount of $35,487.50; and WHEREAS, resolution No. 448-11 incorrectly specified that the funds will be available in Current Account T-03-56-850-836-801; and WHEREAS, the correct account is Trust Account T-03-56-850-836-801. NOW, THEREFORE, BE IT RESOLVED, that resolution No. 448-11 is hereby amended to reflect this correction. Roll Call – Ayes: Labrosse, Towne, Sasso, Melfi, Meneses NO. 8-12 OFFERED BY: SASSO SECONDED BY: LABROSSE _____________________________________________________________________ WHEREAS, Jennifer A. Finley, Police Sergeant, has requested a Leave of Absence without pay for three months for personal medical reasons under the Family Leave Act; and WHEREAS, City Manager, Stephen Lo Iacono Jr. has determined that this employee be granted a Leave of Absence for three months, commencing Thursday, December 1, 2011 and terminating Thursday, February 1, 2012. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hackensack, that Jennifer A. Finley, Police Sergeant, be granted a Leave of Absence for three months, 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. 9-12 1/3/12 OFFERED BY: SASSO SECONDED BY: LABROSSE _____________________________________________________________________ BE IT FURTHER 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 $ 420.11 577 35 Nicholas Daleo 2011 Disabled Vet Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 10-12 OFFERED BY: SASSO SECONDED BY: LABROSSE _____________________________________________________________________ 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 and that Emergency Sanitary Sewer repairs were needed for 89 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 was necessary to restore the aforementioned; and WHEREAS, the total cost of said repairs is $7,777.64, 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 City Council of the City of Hackensack that pursuant to N.J.S.A. 40A:11-6 which authorizes the governing body to award contracts without benefit of public bidding in emergency situations and the vendor Montana Construction, 80 Contant Avenue, Lodi, New Jersey, 07644, be paid therefore. Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 11-12 OFFERED BY: SASSO 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: 1/3/12  RA: 1987 HUMC Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 12-12 OFFERED BY: SASSO SECONDED BY: LABROSSE WHEREAS, N.J.S.A. 40A:4-19 provides that where any contract, commitment or payments are to be made prior to the final adoption of the 2012 Budget, temporary appropriations should be made for the purpose and amounts required in the manner and time therein provided; and WHEREAS, the date of this resolution is within the first thirty days of January, 2012; and WHEREAS, the total appropriations in the 2011, exclusive of any appropriations made for interest and debt redemption charges, capital improvement fund and public assistance, in said budget is the sum of $89,842,013.57; and WHEREAS, 26.25% of the total appropriations in the 2011 Budget, exclusive of any appropriations made for interest and debt redemption charges, capital improvement fund and public assistance, in said Budget is the sum of $23,583,528.56. NOW, THEREFORE, BE IT RESOLVED that the following appropriations be made and that a certified copy of this resolution be transmitted to the Chief Financial Officer for her records. 2012 TEMPORARY BUDGET APPROPRIATIONS GENERAL GOVERNMENT Admin & Exec 20-100-100 Salary and Wages 184,619 Other Expense 26,775 Human Resources 20-105-105 Salary and Wages 6,563 Other Expense Mayor & Council 20-110-110 Salary and Wage 14,333 Other Expense City Clerk 20-120-120 Salaries and Wages 41,475 Other Expenses 2,048 Election 20-120-121 Salaries and Wages Other Expenses 25,988 Financial Admin. 20-130-130 Salaries and Wages 79,013 Other Expenses 70,403 Auditing Other Expenses 16,050 Tax Assessor 20-150-150 Salaries and Wages 41,081 Other Expenses 65,205 Tax Collector 20-145-145 Salaries and Wages 64,575 Other Expenses 8,505 Legal Svcs & Costs 20-155-155 Other Expenses 183,750 1/3/12 Legal Svcs & Cod. 20-155-156 Other Expenses 1,575 Mun.Ct-Public Def. 43-495-495 Salaries and Wages 25,511 Mun.Ct.-Admin. 43-490-100 Salaries and Wages 156,450 Other Expenses 29,741 Pub Bldg. & Grds 26-130-130 Salaries and Wages 144,817 Other Expenses 48,694 Pub Bldg. Elec&Gas 31-430-430 Other Expenses 211,313 Pub Bldg. Telephone 31-440-440 Other Expenses 39,244 Pub Bldg. Utilities Water31-445-445 Other Expenses 18,375 Planning Board 21-180-180 Salaries and Wages 26 Other Expenses 13,506 Bd of Adjustment 21-185-185 Salaries and Wages 26 Other Expenses 37,538 Ret Stab. Bd 21-190-190 Salaries and Wages 2,177 Other Expenses 551 Workers Comp Ins. 23-215-215 Other Expenses 131,250 Group Ins. Plans 23-210-210 Other Expenses 3,418,538 Group Ins. Surety 23-220-220 Other Expenses 240,844 Capital Improv. 44-901-901 Other Expenses City Web Site 30-415-415 Other Expenses 2,494 ACC Wages all depts. 30-414-416 Salaries and Wages 275,625 Boys & Girls club 30-415-418 Other Expenses 1,313 Salary Adj. S/W 30-425-425 Salaries and Wages Total General Government $5,629,991.00 PUBLIC SAFETY Fire Alarm 25-265-267 Salaries and Wages 32,288 Other Expenses 9,765 Fire 25-265-265 Salaries and Wages 3,032,728 1/3/12  Other Expenses 69,498 Fire Prevention 25-265-266 Salaries and Wages 142,538 Other Expenses 6,169 Fire-Hydrant Svc. 31-461-461 Other Expenses 87,938 Police 25-240-240 Salaries and Wages 3,630,743 Other Expenses 107,363 Police School Grds. 25-240-241 Salaries and Wages 119,306 Other Expenses 1,995 Police-Traffic Ctrl 25-240-242 Salaries and Wages 23,940 Other Expenses 10,500 Communications Opr. 25-240-243 Salaries and Wages 126,895 Other Expenses 656 First Aid Org. 25-260-260 Other Expenses 9,450 Emerg. Med. Serv. 25-265-269 Salaries and Wages 2,520 Other Expenses 2,888 Emerg. Mgmt. 25-252-252 Salaries and Wages 2,888 Other Expenses 3,084 911 42-250-251 Salaries and Wages 76,160 Other Expenses 32,156 Total Public Safety $7,531,468.00 OTHER DEPARTMENT OF COMMUNITY AFFAIRS Insp. Of Bldgs. UCC 22-195-195 Salaries and Wages 105,788 Other Expenses 2,822 Insp. Of Property 22-200-200 Salaries and Wages 103,425 Other Expenses 945 Comm. Develop. 22-200-201 Salaries and Wages Other Expenses 23,756 Comm Dev-Cons Svcs 22-200-202 Other Expenses 38,063 Const. Bd of Appeals 21-180-181 Other Expenses 1,024 DEPARTMENT OF PUBLIC WORKS Administration 26-300-300 1/3/12  Salaries and Wages 206,063 Other Expenses 19,635 City Garage 26-300-301 Salaries and Wages 105,000 Other Expenses 12,712 STREETS & ROADS Streets & Roads 26-290-290 Salaries and Wages 53,419 Other Expenses 18,611 Snow Removal 26-290-291 Salaries and Wages 39,375 Other Expenses 63,000 Shade Tree 26-313-313 Salaries and Wages 36,488 Other Expenses 21,092 Street Lighting 31-435-435 Other Expenses 131,250 SANITATION Street Cleaning 26-300-302 Salaries and Wages 35,438 Other Expenses 10,185 Garbage & Trash 26-305-305 Salaries and Wages 329,963 Other Expenses 45,623 Recycling Program 26-305-306 Salaries and Wages 45,938 Other Expenses 12,311 Sanitary Landfill 26-305-307 Other Expenses 423,773 Sewer Sys. Mte. 26-311-311 Salaries and Wages 45,938 Other Expenses 68,644 Sewer Treatment 31-455-455 Other Expenses 13,125 Sewer Sys BCUA Share31-455-456 Other Expenses 1,556,363 Utilities-Veh. Gasoline 31-460-460 Other Expenses 131,250 HEALTH & WELFARE Health Dept. Admin. 27-330-331 Salaries and Wages 209,115 Other Expenses 15,982 Health Dept-Clinics 27-330-330 Salaries and Wages 12,154 Other Expenses Dog Regulation 27-340-340 Salaries and Wages 1,103 Other Expenses 18,984 Human Services 27-345-345 1/3/12  Salaries and Wages 51,844 Other Expenses 4,174 PEOSHA 27-330-332 Other Expenses 31,238 RECREATION & EDUCATION Parks & Playgrounds 28-375-375 Salaries and Wages 149,888 Other Expenses 39,506 Recreation Dept. 28-370-370 Salaries and Wages 106,948 Other Expenses 25,988 Celebration of Pub.Ev. 30-420-420 Salaries and Wages 13,388 Other Expenses 21,000 Mtnc Public Library 29-390-390 Other Expenses 753,802 INTERLOCAL AGREEMENTS Interlocal Agreements 42-250-250 Salaries and Wages 6,411 Other Expenses 51,975 OTHER NJDEP Remediation 31-450-450 Other Expenses 1,313 Contingencies 30-499-000 Other Expenses 1,969 Total Other $5,217,801.00 DEFERRED CHARGES & STATUTORY EXPENDITURES Reserve for Unemployment 23-225-225 Other Expenses 31,500 PFRS 36-475-475 Other Expenses 1,699,637 PERS 36-471-471 Other Expenses 307,732 Social Security 36-472-472 Other Expenses 294,525 Judgments 37-480-480 Other Expenses Cons Pol & Fire Pen. 36-474-474 Other Expenses 14,438 Total Deferred Charges & Statutory Expenditures $2,347,832.00 Total Salaries and Wages $ 9,883,983.00 Total Other Expenses $10,843,109.00 Total Current Budget $20,727,092.00 1/3/12  PUBLIC UTILITY Dedicated Public Parking System Utility Salaries and Wages 55-501-000 82,688 Other Expenses 55-502-000 157,500 Dedicated Public Parking System Utility Capital Outlay 55-512-000 Other Expenses 36,750 PERS 55-540-000 Other Expenses 131 Social Security 55-541-000 Other Expenses 6,563 Total Salaries and Wages $ 82,688.00 Total Other Expenses $200,944.00 Total Utility Budget $283,632.00 GRAND TOTAL $21,010,724.00 Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 13-12 OFFERED BY: SASSO SECONDED BY: LABROSSE _____________________________________________________________________ WHEREAS, the City of Hackensack has received change order No. 1 in the amount of $23,815.50 for Second Ward Park Improvements which reflects the final as built quantities; and WHEREAS, the total contract amount will decrease $23,815.50 for a new total of $690,410.60; and WHEREAS, the Project Manager and Boswell McClave Architects have reviewed these change orders and have recommended that said change orders be approved; and WHEREAS, a certificate establishing that funds will be changed in the account No. C-10-55-008-000-001 of the Capital Fund in the credit amount of $23,815.50 will be issued by the Chief Financial Officer. NOW, THEREFORE, BE IT RESOLVED, that the change order No. 1 in the amount of $23,815.50 for the Second Ward Park Improvements be approved for credit to J.A. Alexander, Inc., 130 John F. Kennedy Drive, North Bloomfield, New Jersey, 07003. Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 14-12 OFFERED BY: SASSO SECONDED BY: LABROSSE _____________________________________________________________________ WHEREAS, New Jersey Housing & Mtg. are the owners of certain real property known as Block 122, Lot 1, C005G designated as 115 Polifly Road; and 1/3/12  WHEREAS, the assessment for 2011 was $123,700; and WHEREAS, upon review of information, an exemption was granted in January for tax year 2011; and WHEREAS, said tax exemption on said Block 122, Lot 1, Unit C005G is an exempt entity according to 54:4-03.06; and WHEREAS, taxes for 2011 of $3,650.39 should be canceled accordingly and the exemption continued. NOW, THEREFORE, BE IT RESOLVED, it is the recommendation of the Tax Assessor and Tax Attorney that this exemption should be given for 2011. Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 15-12 OFFERED BY: SASSO SECONDED BY: LABROSSE _________________________________________________________________________________ WHEREAS, the Governing Body of the City of Hackensack finds and declares that N.J.S.A. 40:48-2.14 states in all cases where brush, weeds, including ragweed, dead and dying trees, stumps roots, obnoxious growth, filth, garbage, trash and debris are destroyed or removed from any dwelling or lands under any ordinance adopted pursuant to section 1 of P.L. 1943, c.71 (C.40:48-2.13) or section 1 of P.L. 1994, c.167 (C.40:48-2.13a); and WHEREAS, N.J.S.A. 40:48-2:27 states in all cases where brush, hedges and other plant life are cut from any lands within the limitations of section one hereof under any such ordinance, by or under the direction of an officer of the municipality; and WHEREAS, N.J.S.A. 40:65-12 states the governing body may make, amend, repeal, and enforce ordinances to compel the owner or tenant of any lands abutting upon the public highways of the municipality, to remove all snow and ice form the abutting sidewalks and gutters of such highways within twelve hours of daylight after the same shall fall or be formed thereon, and all grass, weeds and impediments therefrom within three days after notice to remove the same, and remove all grass, weeds and impediments from the portion of any street, or highway abutting on such lands, and to provide for imposition of penalties for violation of any impediments by the municipality where the owner or tenant of any such real estate shall fail to remove the same as provided in the ordinance. The cost of removal of any such snow, ice, grass, weeds or impediments from any sidewalk, gutter or public highway by the municipality shall be certified to the governing body of the municipality by the officer in charge thereof; and WHEREAS, by or under the direction of an officer or code enforcement officer of the municipality, such officer or code enforcement officer shall certify the above costs thereof to the governing body, which shall examine the certificate, and if found correct, shall cause the cost as shown thereon to be charged against said dwelling or lands; the amount so charged shall forthwith become a lien upon such dwelling or lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such dwelling or lands, the same to bear interest at the same rate as taxes and shall be collected and enforced by the same officers and in the same manner as taxes; and WHEREAS, the City of Hackensack has maintained the following properties by providing grass and lawn maintenance to the said properties: 491-493 Essex Street Block 137 Lot 55 $175.00 19 Coolidge Street Block 243 Lot 10 $125.00 208 Euclid Ave. Block 544 Lot 22 $125.00 1/3/12  NOW, THEREFORE BE IT RESOLVED, by the Governing Body of the City of Hackensack that the above charges are certified to the Municipal Tax Collector, Elisa Coccia, and she is authorized to convert the above charges to become a lien upon such lands. Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 16-12 OFFERED BY: SASSO SECONDED BY: LABROSSE _____________________________________________________________________ WHEREAS, the Governing Body of the City of Hackensack finds and declares that N.J.S.A. 54:5-19 requires that the City of Hackensack conduct a public tax sale to enforce delinquent municipal liens by selling said liens in accordance with the Tax Sale Law; and WHEREAS, “delinquency” means the sum of all taxes and municipal charges due on a given parcel of property covering any number of quarters or years per N.J.S.A. 54:4-67, and WHEREAS, the Governing Body further finds and declares that the Municipal Tax Collector is qualified to hold said Tax Sale in the calendar year 2012 for 2011 municipal delinquent charges; and WHEREAS, the Governing Body further finds and declares that the annual Tax Sale may be at the discretion of the Municipal Tax Collector; NOW, THEREFORE BE IT RESOLVED, by the Governing Body of the City of Hackensack that the Municipal Tax Collector, Elisa Coccia, be and is hereby authorized to conduct the Annual Tax Sale during the calendar year of 2012 in accordance with N.J.S.A. 54:5-19. BE IT FURTHER RESOLVED, that the Municipal Clerk provide a certified copy of this resolution to the Tax Collector. Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 17-12 OFFERED BY: SASSO SECONDED BY: LABROSSE _____________________________________________________________________ WHEREAS, N.J.S.A. 54:4-67 permits the Governing Body of the City of Hackensack to fix the rate of interest to be charges for the nonpayment of taxes, assessments, or any other municipal charges; and NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Hackensack that the rate of interest on unpaid taxes shall be eight (8) percent per annum on the first One Thousand Five Hundred ($1,500.00) Dollars of delinquency and eighteen (18) percent per annum on any amount in excess of One Thousand Five Hundred ($1,500.00) Dollars to be calculated from the date the tax was payable until the date of actual payment, provided that no interest shall be charged if payment of any installment is made on or before the tenth calendar day following the date upon which the same became payable; and BE IT FURTHER RESOLVED, that the rate of interest on unpaid sewer bills shall be eight (8) percent per annum on the first One Thousand Five Hundred ($1,500.00) Dollars of delinquency and eighteen (18) percent per annum on any amount in excess of One Thousand Five Hundred ($1,500.00) Dollars to be calculated from the date the charge was billed until the 1/3/12 date of actual payment, provided that no interest shall be charged if payment of any bill is made within thirty (30) calendar days following the billing date; and BE IT FURTHER RESOLVED, that when the 10th day of grace period for taxes, or the 30th day for sewer billing falls on a Saturday or Sunday, it is due on the following Monday, and if the following Monday is a legal holiday, it will be due and payable on the following Tuesday, and BE IT FURTHER RESOLVED, that in addition to the interest provided above, on all delinquencies in excess of Ten thousand ($10,000.00) Dollars and which are not paid prior to the end of the fiscal year, the tax collector shall also collect a penalty of six (6) percent of the amount of the delinquency in excess of Ten Thousand ($10,000.00) Dollars; and BE IT FURTHER RESOLVED, that the Municipal Clerk provide a certified copy of this resolution to the Tax Collector. Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 18-12 OFFERED BY: SASSO SECONDED BY: MELFI _____________________________________________________________________ WHEREAS, various Year 2011 bills have been presented for payment this year, which bills represent obligations of the prior fiscal year and were not covered by order number and/or recorded at the time of transfers between the 2011 Budget in the last two months of 2011; and WHEREAS, N.J.S.A. 40A:4-59 provides that all unexpended balances carried forward after the close of the fiscal year are available, until lapsed at the close of the succeeding year, to meet specific claims, commitments or contracts incurred during the preceding fiscal year, and allow transfers to be made from unexpended balances to those which are expected to be insufficient during the first three months of the succeeding year. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hackensack (2/3 of the majority of the full membership concurring herein) that the transfers in the amount of $33,500.00 be made between the 2011 Budget Appropriation Reserves as follows: FROM DEPARTMENT TO DEPARMENT 1-01-25-240-240-100 Police S&W 33,500.00 1-01-27-330-332-200 PEOSHA O/E 700.00 1-01-20-155-155-200 LEGAL O/E 10,000.00 1-01-26-311-311-200 SEWER O/E 9,000.00 1-01-26-305-305-200 GARBAGE&TRASH O/E 6,300.00 1-01-26-305-306-200 RECYCLING O/E 6,000.00 1-01-26-300-302-200 STREET CLEANING O/E 1,000.00 1-01-20-100-100-200 A&E O/E 500.00 Roll Call – Ayes: Townes, Sasso, Melfi, Meneses Nay: Labrosse NO. 19-12 OFFERED BY: SASSO 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 refund for the reason stated: $151.00 is a refund for a roofing permit. Permit No. 2011-1535 Refund to: Jenn Reynolds The Neher Group 1/3/12  1239 Revere Drive Chalfont, PA 18914 Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 20-12 OFFERED BY: SASSO SECONDED BY: LABROSSE _____________________________________________________________________ BE IT RESOLVED, by the Mayor and Council of the City of Hackensack that the following reappointments to various boards be made: Planning Board Roman Kaminsky, Joanne Colon, Dewey Aleem are reappointed for a four year term to expire 12/31/15. Stephen Pace, Alternate, is reappointed for a one year term to expire 12/31/2013. Zoning Board Humberto Goez, Jerome Pemberton, Michael Guerra are reappointed for a four year term to expire 12/31/2015. Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 21-12 OFFERED BY: SASSO SECONDED BY: LABROSSE BE IT RESOLVED, by the City Council of the City of Hackensack that the Mayor and City Clerk be, and they hereby are, authorized to execute an Inter-local Service Agreement with the Northwest Bergen County Utilities Authority whereby the NBCUA will provide sanitary sewer cleaning to the City for the year 2012 pursuant to N.J.S.A. 40:8A-1, et seq. (the “Inter-local Services Act”). Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 22-12 OFFERED BY: SASSO SECONDED BY: LABROSSE WHEREAS, there exists in the City of Hackensack a need for the services of a Parking Consultant 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 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: 1/3/12  (l) The Mayor and Council of the City of Hackensack, through the City Manager, are hereby authorized and directed to retain the services of Bier Associates, 144 Livingston Avenue, New Brunswick, NJ, 08901, to perform the position as parking consultants 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, Sasso, Melfi, Meneses NO. 23-12 OFFERED BY: SASSO SECONDED BY: LABROSSE _____________________________________________________________________ WHEREAS, the Council has directed the City Planner to draft a Zoning Ordinance pertaining to Lot 0223 in Blocks 531.01_1; 527_5.02; and 532.02_1, as designated on the official tax map of the City of Hackensack, currently used by the County of Bergen as a County Police Headquarters and County DPW Facility, entitled “Zoning Ordinance and Map”; and WHEREAS, pursuant to Municipal Land Use Law, that prior to the adoption of the Ordinance and pursuant to N.J.S.A. 40:55D-1, et seq., the proposed Ordinance must be submitted to the Planning Board for review and comment. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Hackensack that the Ordinance affecting to Lot 0223 in Blocks 531.01_1; 527_5.02; and 532.02_1, as designated on the official tax map of the City of Hackensack, currently used by the County of Bergen as a County Police Headquarters and County DPW Facility, entitled “Zoning Ordinance and Map”, to be tendered to the Planning Board in compliance with Municipal Land Use Law N.J.S.A. 40:55D-1, et seq. Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses A motion was made by Deputy Mayor Melfi and seconded by Councilwoman Sasso to open the meeting to the public. Mayor Meneses reminded everyone of the five minute rule. Howard Williams, asked when all of the meetings will be televised. The Mayor responded that the City is still in the process of getting quotes and that one more piece of information is still needed from Councilman Townes, but that it should be coming soon. Mr. Williams also said that he is concerned about the lawsuits and the amount of money that it is going to cost taxpayers. Mr. Williams asked if he could be told how the cases are going and also said that Mr. Calo is a very respectable attorney. Mr. Zisa said that the Council met with Mr. Calo and that the City has a no pay policy on these cases. He also said that the City has been very successful with this position and that the City had a significant win with the last cases and will sue every police officer for legal fees. Mr. Williams also asked the status of the Police Chief and Mr. Zisa said that his case will be over in March or April. 1/3/12  Larry Eisen, 390 Maple Hill Drive, thanked the City on behalf of Temple Beth El for their assistance during the recent vandalism and said that he is convinced that it could not be someone from Hackensack. Kathy Canestrino, 37 Brook Street, said that she had missed the December 23, 2011 meeting but that it was supposed to be only one resolution. She also said that legal spending is out of control and said that the Council is elected by the taxpayers and therefore accountable for how they are spending the money. Mrs. Canestrino also said that at the last meeting Joe Zisa had read a list of cases and how much the plaintiffs asked for and what they got, in particular Chief Zisa’s filing for one million dollars. She said that she is trying to get everyone to work together for the good of the City and said that she is campaigning for every taxpayer in the City to get the Council to control the spending before the City is bankrupt. Regina DiPasqua, said that the financial situation is like a runaway train and also spoke about the insurance company dropping the City, tax appeals, etc. She also said that only Councilman Labrosse admits that there might be a problem. Ms. DiPasqua said that only the attorneys benefit from the no settling policy. She also said that the taxpayers deserve to know if they are paying Mr. Malagiere for gathering information for Chief Zisa’s lawsuit. Ms. DiPasqua questioned who is on the insurance committee and asked if Bergen Risk is still needed and asked who is making the decisions. Emil Canestrino, 37 Brook Street, said that the Bergen County Prosecutor’s Office has filed a motion in US District Court alleging that the attorney representing the City is putting the concerns of his client in the criminal matter by interrogating plaintiffs in the civil suits. He asked what would be done with Mr. Malagiere if this is true as it is a direct conflict. He said that he hoped that the Council would give serious consideration to removing him. Debbie Labrosse, said that she is concerned about the allegations made by the Prosecutor’s Office and that she asked the Council to meet with members of the police department to see why these lawsuits were being filed and said that the Council refused to speak to them in the beginning. She also said that the Council has the Chief’s cousin as their advisor and then put Mr. Malagiere, the Chief’s attorney, overseeing the cases. She said that friends are hired without resolutions and said that a resolution appointing Dennis Calo could not be located. She further asked who is being protected, the residents or the Chief and asked if anyone had investigated if these allegations are true. Mr. Zisa said that he has spoken to Mr. Calo who is overseeing the cases, not Mr. Malagiere. He also said that Mr. Malagiere is the lead counsel in some of the cases but that Dennis Calo oversees all of the cases. Richard Gelber, 304 Clinton Place, said that the whole case was not dismissed and that he doesn’t know Mr. Calo but does know Mr. Zisa and that he has a full page ad pertaining to “slip and fall” cases. He asked Mr. Zisa what his qualifications are and asked why his expertise is not in municipal law. He also asked if a police pension is attachable on a civil matter. Steve Gelber, 304 Clinton Place, asked if all of the counts/claims on this case dismissed. Mr. Zisa said that all federal counts have been dismissed but that the state counts are also most likely to be dismissed. Mr. Gelber asked if one attorney was handling all of the counts and asked if an attorney can itemize what the attorneys costs are per claim. Mr. Zisa said that he believes that we can. Kathleen Salvo, 184 Hudson Street, said that the experts are the problem and asked who these experts are. She also said that there must be a resolution to hire people and that Joe Zisa always gives us a bill for researching things. Mrs. Salvo also said that everyone is overseeing everyone else and that the City could have resolved the problem with Chief Zisa way back. She also said that fees are phenomenal and told the Council to wake up and see what is going on. A motion was made by Councilwoman Sasso and seconded by Deputy Mayor Melfi to close the public portion of the meeting. 1/3/12  Councilwoman Sasso said that she is sorry that some people think that she is gloating but that she is only persevering. Councilman Labrosse thanked Mr. Eisen for his comments and said that it was a pleasure to be there, that he felt very comfortable that night and saw a lot of friends there. Councilman Labrosse also said that he is concerned about the article regarding Mr. Molinelli and Mr. Malagiere and said that he hopes that information is not being obtained through a ruse as then the Council would need to take action and make it stop. Mayor Meneses said that if the City started settling cases then the public would be asking why they did that. He also said that Mrs. Canestrino provides a perception that the Council is not watching but they certainly are and that they cannot win in this situation. The Mayor further said that the Council will see when other cases come in and the City wins what the public has to say. A motion was made at 9:05 p.m. by Councilwoman Sasso and seconded by Deputy Mayor Melfi to adjourn the meeting. _____________________________ 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 1/3/12