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 Monday, May 21, 2012, at 8:00 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, Councilwoman Karen K. Sasso, Councilman John P. Labrosse, Councilman Marlin G. Townes, City Attorney Joseph C. Zisa and City Manager Stephen Lo Iacono. Mayor Meneses suspended the order of business to recognize a girl from Hillers School that represented the City in a poster contest for Arbor Day. Alina Nesimi won first prize for her division entry. The Mayor also advised that on April 27, 2012 the City received an award for twenty years of being recognized as a “Tree City USA”. The Mayor also announced that he and the Council would like to recognize members of the City Shade Tree Committee who work diligently to keep our City beautiful and he presented Lorelei Kaminsky with a proclamation. The approval of the minutes was held for the next meeting. City Manager’s Report – Mr. Lo Iacono spoke about the Anderson Street sewer study and said that the City had received over one million dollars from the DEP. He said that the first phase was a detailed study of the sewer line from Anderson and Union to Summit Avenue. He also said that the second phase has begun where areas in need of repair will be tended to with the injection of gunnite. Any pieces of pipe that are badly damaged will be replaced. Mr. Lo Iacono said that some street closures can be expected and that the project should take the better part of a month. Mr. Lo Iacono also read a statement regarding the police matters and also advised that he had sent a letter to the Prosecutor’s Office asking him to use whatever power available to request a speedy resolution of the question of whether or not the Police Chief must forfeit his title at this time. NO. 191-12 OFFERED BY: TOWNES SECONDED BY: SASSO FINAL ADOPTION OF ORDINANCE NO. 10-2012, AN ORDINANCE TO AMEND CHAPTER 102, “JEWELRY, SECONDHAND” OF THE CITY CODE OF THE CITY OF HACKENSACK. 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 Motion offered by Councilwoman Sasso and seconded by Deputy Mayor Melfi that the public hearing be closed. 5/21/12  BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 10-2012 has passed its second and final reading and is hereby adopted. Roll Call: Ayes- Labrosse, Townes, Sasso, Melfi, Meneses ORDINANCE 10-2012 Chapter 102 JEWELRY, SECONDHAND [HISTORY: Adopted by the City Council of the City of Hackensack, 4-16-1934 by Ord. No. 213, amended and revised 10-5-1959 (Ord. No. 717) as Ch. 3, Article IX, of the 1959 Revised Ordinances; amended in its entirety 9-15-1980 by Ord. No 21-80. Subsequent amendments noted where applicable.] § 102-1. Definitions. As used in this chapter, the following terms shall have the meanings indicated: DEALER IN SECONDHAND JEWELRY OR OLD GOLD Includes but is not limited to those businesses which transact in previously owned jewelry, coins, medallions, and other collectibles containing silver, gold, platinum, jewels, or other precious stones and metals. § 102-2. License required; application; change of address. A. Dealer in secondhand jewelry or old gold license. No person shall use, exercise, or carry on the business or trade of a keeper of secondhand jewelry store or dealer in old gold, without being licensed for that purpose by the Chief of Police, subject to approval by the City Manager, or shall carry on such business at any place other than the one designated in such license or shall continue to carry on such business after such license has expired or has been removed. B. Application. The application for a secondhand jewelry dealer’s license shall be prepared by the Police Department and approved by the City Manager. Each application for a secondhand jewelry dealer’s license shall contain the information specified in §107-6B and C of Chapter 107 of the Code of the City of Hackensack and shall require fingerprinting of the applicant. Every license which shall be granted to any keeper of a secondhand jewelry store or dealer in old gold shall designate the place in which the person receiving such license shall be authorized to carry on such business. The applicant shall be investigated as to his character and reputation, and, if said applicant is denied a license, he will forfeit the fee for the application. The fee for each application for a secondhand jewelry or old gold license or for the renewal of each license shall be $150.00 per year. Each license shall expire at the end of one (1) year from the date of its approval. [Amended 2-17-1981 by Ord. No. 6-81; 8-15-1983 by Ord. No. 22-83; 3- 15-1999 by Ord. No. 11-99] C. Change of address. In case any person so licensed as aforesaid shall remove his shop or place of business from the place designated in the license, he shall immediately thereupon give notice to said Chief of Police, and the number of his shop or place of business shall thereupon be changed on the motor vehicle used by such licensed person and made to correspond with such change of address. 5/21/12 § 102-3. Lost or stolen articles. Business records. A. Possession of lost or stolen articles; reporting. If any goods, articles or things shall be advertised in any daily newspaper printed and published in the City of Hackensack as having been lost or stolen and if the goods, articles or things so advertised, or any part or portion thereof, shall be or thereafter come into the possession of any keeper of a secondhand jewelry or old gold store, he shall forthwith give information thereof in writing at the office of the Chief of Police and shall also state from whom the same was received. Every person operating or conducting a secondhand jewelry or old gold store who shall receive or be in possession of any goods, articles or things which may have been lost or stolen, or alleged or supposed to have been lost or stolen, shall forthwith, on a demand to view the same, exhibit the same to the City Manager, Chief of Police or any Municipal Judge or any Judge at any criminal court or any policeman who may be authorized by any of the above mentioned officers or Magistrates to make such a demand. B. Records required. Every dealer in secondhand jewelry or old gold shall provide and keep a book in which shall be clearly written at the time of each purchase a description of the article so purchased, the name and residence of the person from whom such purchase was made and the day and hour of such purchase. C. Daily submission of records. Every dealer in secondhand jewelry or old gold doing business in the City of Hackensack shall deliver to the Chief of Police of said city, every day before 11:00 am, a legible and correct transcript of the records of his transactions of the previous day. Said transcript shall be on forms prescribed by the Chief of Police. § 102-4. Sale of secondhand jewelry. A. No person engaged in the business of retailing, wholesaling, or selling jewelry who purchases any article of used or secondhand jewelry shall sell or offer to sell that used or secondhand jewelry, unless that person: 1) Maintains, for five (5) years, a record of the name, address, and telephone number of the person from whom it was purchased, and: i. A descriptive list of any used jewelry purchased from that seller, including any identifying characteristics of that jewelry; or ii. Photographs of any used jewelry purchased from that seller placed next to that seller’s photograph-bearing, valid State or federal issued driver’s license or other government issued form of identification. 2) Verifies the identity of the person selling the jewelry by requesting and examining a photograph-bearing, valid State or Federal issued driver’s license or other government issued form of identification bearing a photograph. 3) Delivers on a weekly basis by email or mail a copy of the record of all used jewelry purchased by that person during the preceding week to the police department having jurisdiction in the location of that person’s place of business; and 5/21/12  4) Maintains in his possession any used jewelry purchased for not less than fourteen (14) business days following the delivery of the record of the purchase of that jewelry to the police department, as required by subsection (c) of this section. § 102-5. Requirements for reselling of secondhand jewelry. A. Any individual who purchases used or secondhand jewelry from another individual with the intent of selling that jewelry to a person engaged in the business of retailing, wholesaling, or smelting jewelry shall: 1) Maintain, for five (5) years, a record of the sale of that jewelry, including, but not limited to: i. the date the jewelry is sold; ii. name of the person engaged in the business of retailing, wholesaling, or smelting jewelry to whom it is sold; and iii. an itemized, descriptive list of that jewelry; and 2) Provide an itemized, descriptive list of the jewelry sold to the person engaged in the business of retailing, wholesaling, or smelting jewelry at the time of sale. § 102-6. Suspension or revocation of license; hearing. A. The City Manager may refuse to issue or renew or may revoke or suspend any license issued hereunder if the applicant or licensee or his agent or employee fails to qualify or violates any provisions of this chapter. B. No license issued hereunder shall be revoked or suspended unless the City Manager shall hold a hearing concerning such revocation or suspension, which hearing may be held upon five (5) days’ notice to the applicant. C. At the hearing before the City Manager as provided under §102- 4B: (1) The applicant may be present in person or represented by counsel. (2) The testimony of the hearing shall be recorded and transcribed. (3) Upon being satisfied that the applicant or licensee is guilty of the violations charged, the City Manager may suspend or revoke the license granted, and in the case of such suspension or revocation of such license, the applicant or licensee shall not be entitled to the return of any portion of the license fee paid to the City. (4) An applicant or licensee may appeal to the City Council from an adverse decision of the City Manager. The applicant or licensee appearing shall pay for and serve upon the City Clerk seven (7) copies of the transcribed record of the hearing before the City Manager and shall submit seven (7) copies of a memorandum of his grounds of appeal. 5/21/12 §102-7. Restrictions on purchases from certain persons. No person operating a store which deals in secondhand jewelry or old gold shall receive or purchase any goods, articles or things whatsoever from any minor under eighteen (18) years of age without written authorization of such person’s parents or legal guardian, nor from any apprentice or servant without written authorization of such person’s employer. 5/21/12 §102-8. Restrictions on disposal. [Amended 2-17-81 by Ord. No. 6-81] No person operating a store which deals in secondhand jewelry or gold shall sell, melt, change the form of or dispose of any article bought or received by him within fifteen (15) days after said article is reported. §102-9. Violations and penalties. A. Any person violating any provisions of this chapter shall, upon conviction in the Magistrate’s Court of the City of Hackensack, be punished for each offense by a fine not to exceed five hundred dollars ($500.00) or by imprisonment for any term not exceeding ninety (90) days in the county jail or in any place provided by the City for the retention of prisoners, or both. B. Any corporation violating any provisions of this chapter shall, upon conviction thereof, pay a fine of not more than five hundred dollars ($500.00), which may be recovered in an action of debt. C. Any person who aids, assists or abets in the violation of any of the provisions of this chapter shall be subject to the penalties herein provided for. §102-10. Additional remedy. The conviction of a licensee for a violation hereunder shall not prevent the City from taking action to suspend or revoke the license of the person so convicted as herein provided. §102-11. Severability; repealer; when effective. A. Should any section or provision of this chapter be invalid in any proceedings, the same shall not affect any other section or provision of this chapter except insofar as the section or provision so held invalid shall be inseparable from the remainder of any such section or provision. B. All ordinances or parts of ordinances inconsistent herewith are hereby repealed. C. This chapter shall take effect after final passage and publication in accordance with law. NO. 192-12 OFFERED BY: SASSO SECONDED BY: TOWNES FINAL ADOPTION OF ORDINANCE NO. 11-2012, AN ORDINANCE FIXING AND DETERMINING MUNICIPAL CLASS POSITION TITLES AND SALARY RANGES FOR CERTAIN NON-CONTRACTUAL OFFICERS AND EMPLOYEES OF THE CITY OF HACKENSACK. This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?” Motion offered by Councilwoman Sasso and seconded by Deputy Mayor Melfi that there be a public hearing. PUBLIC HEARING Motion offered by Deputy Mayor Melfi and seconded by Councilwoman Sasso that the public hearing be closed. 5/21/12  BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 11-2012 has passed its second and final reading and is hereby adopted. Roll Call: Ayes- Labrosse, Townes, Sasso, Melfi, Meneses ORDINANCE NO. 11-2012 AN ORDINANCE FIXING AND DETERMINING MUNICIPAL CLASS POSITION TITLES AND SALARY RANGES FOR CERTAIN NON-CONTRACTUAL OFFICERS AND EMPLOYEES OF THE CITY OF HACKENSACK. BE IT ORDAINED by the City Council of Hackensack, County of Bergen, as follows, until a subsequent salary ordinance is adopted: SECTION 1. The salary ranges per annum for the following non-contractual officers and employees of the City of Hackensack in the Classified Service shall be as follows: CIVIL SERVICE *SALARY RANGE CODE TITLE MIN. MAX. 00010 Administrative Analyst 30,000 76,000 00020 Administrative Clerk 25,000 65,000 05326 Administrative Clerk – Bilingual 25,500 60,500 00112 Administrative Secretary 31,000 70,000 00563 Assistant Health Officer 40,000 96,000 00621 Assistant Municipal Comptroller 42,000 96,000 00624 Asst. Municipal Manager (P/T) 7,000 18,000 00627@ Asst. Municipal Tax Collector 30,000 80,000 00733 Asst. Supt. of Recreation 30,000 80,000 00671 Assistant Public Works Supt. 40,000 98,000 00924 Bldg. Inspector-RCS/P.W. Insp. 35,000 82,000 00924 Building Inspector – RCS 32,000 70,000 00924 Building Inspector – ICS 35,000 80,000 00924 Building Inspector – HHS 41,000 93,000 00924 Building Inspector RCS/ 39,000 80,000 Plumbing Sub-code Official 07662 Bldg. Insp./Housing Insp. 36,000 78,000 05048 Building Subcode Official 45,000 115,000 00984 Census Taker – P/T Hourly 7.50 12.00 N/C 01260 Clerk Stenographer 30,000 63,000 N/C 01268 Clerk Typist 23,000 48,000 5/21/12  N/C 01271 Clerk Typist – Bilingual 23,500 49,500 01285 Code Enforcement Officer (P/T) 1,000 5,000 CIVIL SERVICE *SALARY RANGE CODE TITLE MIN. MAX. 05045 Construction Official 50,000 127,000 01517 Deputy Police Chief 122,000 150,000 01632@ Director of Purchasing 30,000 82,500 05046 Electrical Sub-Code Offc. 36,000 76,000 05532 Exec. Assistant/Personnel Dir. 60,000 142,000 01837 Fire Chief 125,000 149,000 06037 Fire ProtectionSubcode Offc.(P/T) 1,000 3,500 N/C 01930 Graduate Nurse, Public Health 35,000 77,000 01971 Health Aide (Hourly) 8.00 17.00 01988 Health Officer/Reg. Vital Stat. 60,000 131,500 02071 Housing Inspector (P/T) 1,000 25,000 02275 Legal Assistant 30,000 79,500 02525 Municipal Court Administrator 40,000 94,000 07622 Municipal Recycling Coordinator 35,000 126,000 07305 Parking Enforcement Officer (Hrly) 8.00 21.00 07305 Parking Enforcement Officer (P/T) 100 1,000 02602 Park Guard/Attendant (Hourly) 7.50 12.00 02704 Plumbing Inspector – ICS 32,000 72,000 02719 Police Chief 125,000 158,000 02837 Principal Planner 45,000 106,000 02912 Public Health Nurse 38,000 76,500 02915 Public Health Nurse Supervisor 40,000 78,500 02936 Public Works Superintendent 72,000 133,000 02993 Recreation Leader (Hourly) 7.50 12.00 03019 Recreation Program Spec. (Hrly) 7.50 12.75 03019 Recreation Program Spec.(Session) 25 75 03019 RecreationProgramSpec.(Seasonal) 250 1,000 04440 Recreation Supvsr. Sports (Hrly) 8.00 15.50 5/21/12  03043 Recycling Program Aid (P/T-Hrly) 8.00 12.75 05681 Rent Regulation Officer (P/T) 1,000 3,000 CIVIL SERVICE *SALARY RANGE CODE TITLE MIN. MAX. 03110 Sanitation Inspector 30,000 76,000 03112 Sanitation Superintendent 40,000 120,000 03253 Senior Clerk Stenographer 31,000 67,000 03254 Senior Clerk Steno – Bilingual 31,500 67,500 03256@ Senior Clerk Typist 24,000 50,000 03807 Student Assistant (Hourly) 7.50 12.75 03807 Student Assistant Leader (Hrly) 8.00 13.00 03834 Superintendent of Recreation 40,000 83,000 04130 Tax Searcher (P/T) 1,000 8,000 06904 Technical Asst.-Land Use (P/T) 10,000 16,000 04311 WelfareInvstgtr/Reloctn Off. (P/T) 12,000 40,000 Section 2. The salary ranges per annum of the following non-contractual officers and employees of the City of Hackensack in the Unclassified Service shall be as follows: CIVIL SERVICE *SALARY RANGE CODE TITLE MIN. MAX. 05302 Asst. Municipal Prosecutor (P/T) 12,000 48,000 06244 Asst. Public Defender (P/T) 5,000 23,000 05269 Attorney (P/T) 1,500 12,000 07451 Chief Financial Officer 60,000 140,000 06977 Confidential Assistant 40,000 102,000 01381 Council Member 10,400 10,400 06245 Deputy Mayor 10,400 10,400 01509 Deputy Municipal Clerk (P/T) 1,000 9,000 01650 Director of Welfare (P/T) 20,000 70,000 02219 Judge of Municipal Court (P/T) 30,000 82,500 02428 Mayor 13,000 13,000 02521 Municipal Clerk 40,000 114,000 02533 Municipal Manager 100,000 173,000 5/21/12  02534 Municipal Prosecutor (P/T) 17,000 80,000 02537 Municipal Treasurer (P/T) 1.00 1.00 CIVIL SERVICE *SALARY RANGE CODE TITLE MIN. MAX. 05303 Public Defender (P/T) 8,000 20,000 05303 Public Defender (F/T) 8,000 35,000 03746 Special Policeman (Hourly) 8.00 12.75 04120 Tax Assessor 60,000 117,500 04124 Tax Collector 44,000 109,000 *Annual salaries may be converted to hourly rates based upon the established workweek for any department wherein a specific job title is utilized. Section 3. In addition to the salary ranges indicated, each employee will receive longevity pay of one percent (1%) for each two (2) years of service, computed on the amount of the base salary of the employee at the time he becomes eligible for such longevity payment. In order to qualify for such longevity pay, the employee must have earned each two (2) years service credit on or before January 4, March 31, June 30 or September 30, in order to receive the added one percent (1%) longevity pay for the ensuing quarters. Whenever an employee receives an increase in salary during the year as the result of a change in base salary for promotion, increment or new position, the employee will receive longevity increase on the new base at the same percentage as heretofore received on the prior base salary. Additional compensation of any nature, including overtime, will not be considered in computing longevity payments. Longevity payments will be computed from the time the employee was last employed on a full time basis by the City. Leaves of absence without pay with the exception of employees on official leave of absence due to military duty will not be considered in determining the length of service. The above longevity formula is modified from 1% for each two (2) years of service to 2% for each four (4) years service for all personnel hired subsequent to December 1, 1987, as outlined in the Personnel Ordinance. Longevity shall be eliminated as to all employees hired in this unit after April 1, 1999. Section 4. The City Manager is hereby authorized and directed to determine the salary of each Civil Service employee within each salary range, such determination and salary to be effective January 1, 2012. All salaries under the direct jurisdiction of the City Council and not of the City Manager shall also be effective January 1, 2012. Section 5. Clerical personnel assigned the function of recording/ corresponding secretary to a specific City board, requiring evening meetings, shall receive a stipend as approved by the City Manager, of $50.00 to $100.00 per meeting in lieu of overtime for all work performed relative to the assignment. Section 6. The City Manager shall assign four (4) employees to the function of telephone relief operators, which relief operators shall receive a stipend of $1,500.00 per year pro-rata on the number of months so assigned. If fewer than four (4) employees are assigned, each relief operator shall receive a proportionate share of the fourth employee’s stipend. Section 7. The City Manager or his designee is hereby authorized to approve payment for vacation time due in advance of an employee’s scheduled vacation date, as provided under N.J.S.40A:5-19. 5/21/12  Section 8. All employees shall be paid on a bi-weekly basis except for changes required on account of calendar year requirements. Section 9. All parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed as to such inconsistent parts, but nothing herein contained shall be construed to authorize any salary decreases. This ordinance shall take effect after passage in the manner provided by law, except that any and all salary increases shall in all respects be subject to any applicable provisions of the Civil Service Law of New Jersey. Section 10. If any section subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this ordinance. NO. 193-12 OFFERED BY: SASSO SECONDED BY: TOWNES FINAL ADOPTION OF ORDINANCE NO. 12-2012, AN ORDINANCE AMENDING CHAPTER 175 OF THE CODE OF THE CITY OF HACKENSACK TO ESTABLISH GUIDELINES FOR THE INSTALLATION OF SOLAR ENERGY SYSTEMS WITHIN THE CITY OF HACKENSACK. This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?” Motion offered by Councilman Labrosse and seconded by Deputy Mayor Melfi that there be a public hearing. PUBLIC HEARING 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. 12-2012 has passed its second and final reading and is hereby adopted. Roll Call: Ayes- Labrosse, Townes, Sasso, Melfi, Meneses CITY OF HACKENSACK ORDINANCE 12-2012 AN ORDINANCE AMENDING CHAPTER 175 OF THE CODE OF THE CITY OF HACKENSACK TO ESTABLISH GUIDELINES FOR THE INSTALLATION OF SOLAR ENERGY SYSTEMS WITHIN THE CITY OF HACKENSACK 175-7.18 SOLAR ENERGY SYSTEMS Residential Requirements (a) Roof-Mounted Solar Energy Systems Installation of solar energy systems shall be permitted on the roofs of residential housing units. The solar energy systems shall be mounted parallel to the roof angle and shall not exceed a height of twelve inches (12”) above the edge of the roof line. The unit height shall never exceed the highest point of the roof surface or structure. In the instance that the solar energy system is to be mounted on a flat roof, the panels may be angled 5/21/12  to achieve maximum sun exposure, but shall not exceed five feet (5’) above the roof height, nor exceed the height of the parapet wall, whichever is less. In the event that the building does not contain a parapet wall, then the Applicant shall provide the appropriate screening to shield the panels from view from street level. In no instance shall the unit extend beyond the front, side, or rear roof lines. The solar energy system shall not exceed the maximum height that is permitted for a principal or accessory building in that zone. Solar energy systems are subject to the issuance of the appropriate permit issued through the Department of Building, Housing & Land Use. (b) Residential Ground-mounted solar energy systems that produce energy are not permitted in residential districts. (c) Aesthetic and Architectural Standards i. Roof-mounted solar energy systems. Exposed hardware, supporting structures, frames and piping shall be finished in non-reflective surfaces and shall be compatible with the color scheme of the roof, or concealed. (d) Safety Considerations An external disconnect switch shall be provided, and the owner must file a survey map with the Fire and Police Departments, clearly showing where the disconnect switch is located. (1) Non-Residential Requirements (a) Roof-Mounted Solar Energy Systems Installation of solar energy systems shall be permitted on the roofs of non-residential structures with minor site plan approval. The solar energy systems shall be mounted parallel to the roof angle and shall not exceed a height of twelve inches (12”) above the edge of the roof line. The unit height shall never exceed the highest point of the roof surface or structure. In the instance that the solar energy system is to be mounted on a flat roof, the panels may be angled to achieve maximum sun exposure but shall not exceed five feet (5’) above the roof height, nor exceed the height of the parapet wall, whichever is less. In the event that the building does not contain a parapet wall, then the Applicant shall provide the appropriate screening to shield the panels from view from street level. In no instance shall the unit extend beyond the front, side, or rear roof lines. The solar energy system shall not exceed the maximum height that is permitted for a principal or accessory building in that zone. Solar energy systems are subject to the issuance of the appropriate permit issued through the Department of Building, Housing & Land Use. (b) Ground-Mounted Solar Energy Systems Ground-mounted solar energy systems shall be permitted in the rear and side lots of non-residential properties, as long as the units are not visible from the street or neighboring residential properties (see aesthetic and architectural standards, Section ii.). In no instance shall a ground mounted solar energy system be permitted in the front yard of a non-residential property. The height of the unit shall not exceed eight feet (8’) in height. Solar energy systems are subject to the appropriate permit issued through the Department of Building, Housing & Land Use. (c) Aesthetic and Architectural Standards. i. Roof-mounted solar energy systems. Exposed hardware, supporting structures, frames and piping shall be finished in non-reflective surfaces and shall be compatible with the color scheme of the roof, or 5/21/12  concealed. Solar-energy system is subject to the installation of appropriate screening in an architectural design compatible with the building. ii. Exposed hardware, supporting structures, frames, hardware, and piping that are visible to residential properties, shall be screened from residential view through the installation of screening materials. The lot owner shall provide appropriate effective natural buffering materials that will block the view of said solar energy systems and accompanying materials from abutting residential zones or properties. (d) Safety Considerations An external disconnect switch shall be provided, and the owner must file a survey map with the Fire and Police Departments clearly showing where the disconnect switch is located. (2) Solar panels, whether in a residential or non-residential area, shall be maintained in accordance with the Property and Maintenance Code of the City of Hackensack. NO. 194-12 OFFERED BY: SASSO SECONDED BY: TOWNES ________________________________________________________________ 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 $2,113,535.69 Escrow 18,418.54 Grants 14,479.10 Payroll 136,561.77 Self-Insurance 189,233.90 Public Parking System 5,790.97 Capital 158,610.66 Trust Account 108,743.75 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. 195-12 OFFERED BY: TOWNES 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 citizens of the City of Hackensack and the general public did occur when emergency repairs were needed for Sanitation Packer No. 292; and WHEREAS, the Director of Sanitation 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 5/21/12  WHEREAS, the total cost of the repair was $5,253.20, which was a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in Current account 2-01-26-305-305-272. 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 Sanitation Equipment Corp., South 122 Route 17 North, Paramus, New Jersey, 07652 and be paid therefore. Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 196-12 OFFERED BY: TOWNES SECONDED BY: MELFI ____________________________________________________________________ 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 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 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 an item of revenue in the budget of the calendar year 2012 in the sum of $58,152.72 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 Revenue Off-set with Appropriations: 2012 Clean Communities In the amount of $58,152.74 BE IT FURTHER RESOLVED, that the like sum of $58,152.74 is hereby appropriated under the caption of: General Appropriations: (a) Operations Excluded from CAPS State and Federal Programs Off-Set by Revenues: 2012 Clean Communities Other Expenses BE IT FURTHER RESOLVED, that the above is the result of funds from the State of New Jersey, Division of Highway Traffic Safety in the amount of $58,152.74. Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 197-12 OFFERED BY: TOWNES SECONDED BY: MELFI ________________________________________________________________ 5/21/12  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: $30.00 is a refund for a cancelled Fire Department inspection. Refund to: Mr. Qing Sun 207 Ridge Street New Milford, New Jersey 07646 Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 198-12 OFFERED BY: TOWNES 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 BLOCK LOT NAME YEAR REASON $2,456.43 537 4 C0106 Quicken Loans for 2012 100% Tax Exempt Nelly Portillo Escrow Servicing Team 1050 Woodward Ave. Detroit, MI 48226 $7,668.73 82.01 15 Michael A. Vespasiano 2008 SBJ Attorney Trust Account for G&B Partners, LLC 331 Main Street Chatham, NJ 07928 $8,100.26 82.01 15 “ “ “ 2009 SBJ $2,833.18 352 106 Tufano, Ester and/or 2010 SBJ The Irwin Law Firm PA 80 Main Street Suite 410 West Orange, NJ 07052 Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 199-12 OFFERED BY: TOWNES 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: $65.00 is a refund for a Hackensack Drama Class registration fee. Refund to: Mrs. Rochy Casasola 63 Hobart Street Hackensack, N.J. 07601 5/21/12  Roll Call - Ayes: Labrosse, Townes, Sasso Melfi, Meneses NO. 200-12 OFFERED BY: TOWNES SECONDED BY: MELFI ________________________________________________________________ WHEREAS, on May 8, 2012, Resolution No. 189-12 was passed by the governing body of the City of Hackensack; and WHEREAS, Resolution No. 189-12 incorrectly referred to account 2-01-26-130- 130-204 as a trust account, not a current account. NOW, THEREFORE BE IT RESOLVED by the governing body of the City of Hackensack that Resolution No. 189-12 be corrected to reflect this correction. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 201-12 OFFERED BY: TOWNES SECONDED BY: MELFI _____________________________________________________________________ WHEREAS, pursuant to an advertisement in the Record, bids were received on April 26th, 2012 for Emergency Storm Sanitary Sewer Repairs for the period of June 1, 2012 to May 31, 2015; and WHEREAS, four bids were received from J. Fletcher Creamer & Sons, Montana Construction, Colonnelli Brothers, Inc., and John Garcia Construction. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hackensack that the contract for Emergency Storm Sanitary Sewer Repairs within the City of Hackensack be awarded to J. Fletcher Creamer & Sons, 101 East Broadway, Hackensack, New Jersey, 07601. BE IT FURTHER RESOLVED, that the Chief Financial Officer has certified that funds are available in the current account 2-01-26-311-311-204 and will be available in accounts 3-01-26-311-311-204, 4-01-26-311-311-204 and 5-01-26-311-311-204. Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 202-12 OFFERED BY: TOWNES SECONDED BY: MELFI _____________________________________________________________________ WHEREAS, pursuant to an advertisement in the Record, bids were received on April 26th, 2012 for Removal & Replacement of Catch Basins within the City of Hackensack for the period of June 1, 2012 to May 31, 2015; and WHEREAS, eight bids were received from J. Fletcher Creamer & Sons, Montana Construction, Canales & Son Construction, Colonnelli Brothers, Inc., John Garcia Construction, Crossroads Pavement Maintenance and Salomone Bros, Inc. 5/21/12  NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hackensack that the contract for Removal and Replacement of Catch Basins within the City of Hackensack be awarded to J. Fletcher Creamer & Sons, 101 East Broadway, Hackensack, New Jersey, 07601. BE IT FURTHER RESOLVED, that the Chief Financial Officer has certified that funds are available in the current account 2-01-26-311-311-204 and will be available in accounts 3-01-26-311-311-204, 4-01-26-311-311-204 and 5-01-26-311-311-204. Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 203-12 OFFERED BY: TOWNES SECONDED BY: MELFI _____________________________________________________________________ WHEREAS, the City of Hackensack has received change order No. 1 for the Anderson Street Emergency Sewer Replacement; and WHEREAS, the total contract amount will increase $239.54 for a new total of $868,079.54; and WHEREAS, the Project Manager and Boswell McClave Engineering have reviewed this change order and have recommended that said change order be approved; and WHEREAS, a certificate establishing that funds will be changed in the account No. C-10-55-007-000-001 of the Capital Fund in the amount of $239.54 will be issued by the Chief Financial Officer. NOW, THEREFORE, BE IT RESOLVED, that change order No. 1 in the amount of $239.54 for the Anderson Street Emergency Sewer Replacement be approved for J.Fletcher Creamer & Sons, 101 East Broadway, Hackensack, New Jersey, 07601. Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 204-12 OFFERED BY: TOWNES SECONDED BY: MELFI _______________________________________________________________ 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 5/21/12 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: 497 West Anderson StreetBlock 457, Lot 34 $850.00 219 Wilson Street Block 595, Lot 35 $225.00 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. 205-12 OFFERED BY: TOWNES SECONDED BY: MELFI _____________________________________________________________________ WHEREAS, Wanda Jean Buskirk, Clerk Typist, has requested a Leave of Absence without pay for three (3) months for personal medical reasons, under the Family Leave Act; and WHEREAS, City Manager, Stephen LoIacono has determined that this employee be granted a three (3) month Leave of Absence, from Monday, May 7, 2012 to Friday, August 3, 2012. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hackensack, that Wanda Jean Buskirk, 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. 206-12 OFFERED BY: TOWNES SECONDED BY: MELFI ___________________________________________________________________ BE IT RESOLVED that Alexis Palinkas is hereby appointed as Chairperson of the Condominium & Cooperative Unit Owners Advisory Board effective immediately as per City Code, Section 13A-3. 5/21/12  Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses Mayor Meneses apologized to the audience for comments he had made at a prior Board of Education meeting. A motion was made by Deputy Mayor Melfi and seconded by Councilwoman Sasso to open the meeting to the public. Blanche Stuart, 252 Third Street, asked Mayor Meneses to step down and also asked the Council to remove him due to his comments at the Board of Education meeting. Howard Williams, 316 Passaic Street, thanked the City Manager and the Council for the resolution changing the bus stop from in front of his house to Summit Avenue. Mr. Williams also said that Captain Padilla and his men did a magnificent job on the march from Mt. Olive Church to the Court House and that Mr. Padilla could be one of the best chiefs that we ever had. Mr. Williams spoke about remembering Captain Padilla as a juvenile officer and said that he was always prepared and respectful. Mr. Williams then spoke about Chief Zisa and said that the Council still will not make statements. Deputy Mayor Melfi interjected that Mr. Lo Iacono had explained the process and that there will be a new chief. Councilwoman Sasso said that she chose to wait until she was briefed before giving comments. She further said that she won’t comment on the trial but the Chief must forfeit his office. Mayor Meneses said that he was waiting for the advice of counsel on which direction to follow. Councilman Townes said that the decision has always been about the law. Councilman Labrosse said that Judge Conte did us no favors by not ruling right away. He also said that he understands that either the Council can do this or the Judge. Mr. Calo said that he has advised the City Manager and the Council of research which had been done by him and Raymond Wiss, Esq. He also said that the City cannot act on the forfeiture, only the Court can do this. Mr. Williams further said that the statement made by the Mayor was very derogatory. Jorge Meneses, 141 Spring Valley Avenue, spoke in favor of his father and said that facts and perception are two different things. He also said that English is his father’s first language and that any accusations of racism can’t be further from the truth. He asked everyone to take a look at the big picture. Angela Taylor, 412 Thompson Street, said that she applauds the efforts made by Jorge Meneses to try to help his father. She also thanked the City Manager for helping with an issue regarding valet parking on Thompson Street. Ms. Taylor further said that she did not like the comments made by the Mayor and said that perhaps someone without a strong knowledge of the English language should not be mayor. Frances Cogella, 88 Catalpa Avenue, said that he should have bought a home in a town without negative perceptions. He did however praise the teachers, administrators, police officers, firemen of ladder number five, public employees, business owners, Greg Liosi, etc., however said that the City is extremely fractured. Mr. 5/21/12 Cogella also asked for the Mayor to step down and implored the Council to remove him immediately. Rosemarie Flowers-Jackson, 350 Passaic Street, said that the comments made by the Mayor at the last Board of Education meeting were offensive and not concerned about all of the Hackensack residents equally. She also called for the removal of Mayor Meneses. Ms. Scirella, 486 Essex Street, said that people make mistakes with reference to Chief Zisa and that we don’t look at the overall picture. She also asked how many people have done a favor for a family member and said that people aren’t perfect. Mr. Chica, resident of Hackensack for thirty-five years, said that Mayor Meneses had recognized his mistake and that people are using it as an excuse to attack him. He also said that we need models for our kids and that Hackensack is not racist at all. Mr. Chica said that Mayor Meneses is an example for our community to run for office. Kathy Canestrino, Brook Street, said that Mayor Meneses made remarks to try to build barriers. Mrs. Canestrino also demanded that the Mayor be removed from the City Council. She also said that we currently have a police chief who is a convicted felon and that the Council’s loyalties lie with him and not the citizens of Hackensack. Mrs. Canestrino said that Mr. Lo Iacono had more than two years to prepare for this situation and criticized him for being reactive rather than proactive. She further said that rules and regulations are not being followed in the police department (regarding the recent suicide) and demanded that someone non-political be brought in to take over the leadership of the Police Department. Mrs. Canestrino said that Captain Padilla is not the solution. She also said that we need leaders who are open minded and form opinions only after they have heard all of the facts. Mildred Dodson, 60 Vanderbeck, said that she was at the school board meeting the night the Mayor made comments and said that it was awful that he would say something like he did. She said that there are young kids who look up to the board members, the City Council and the police chief. She also said that she does not want racism in our community and also asked the Mayor to step down. Natalie Chica, 82 South State Street, stressed the importance of working together in our educational system. She also said that she has known Mayor Meneses since she was a little girl and has never known him to be a racist. Mr. Bamisile, 160 Berdan Place, said that he is a product of the Hackensack school system and that he has been friends with the Mayor for nineteen years. He also said that he has never seen him as a racist and that everyone makes mistakes from time to time. He asked someone to show him an action where the Mayor was not supportive of the community and said that people are looking for more problems. Perry Jackson, 345 Park Street, spoke in favor of Mayor Meneses and in favor of Councilman Townes as the City’s first African-American mayor. Mr. Jackson also said that God made multiple races and that we are put on this planet to help each other, without friction and tension. Regina DiPasqua said that she is embarrassed to say that she lives in Hackensack and said that the Council should be embarrassed too. She also said that 225 State Street needs to be cleaned up. She also echoed Mrs. Canestrino’s comments about Friday’s tragedy which happened on our watch and said that her heart goes out to that family. Ms. DiPasqua said that the administrative code that Mr. Calo referred to does not apply here and also said that the Council is putting Ken Zisa’s interest before the interest of the entire City. She also spoke about the Mayor’s comments at the meeting saying that they were irresponsible and offensive. Debbie Labrosse, 18 Brook Street, asked for her comments to be on the record. She said that with reference to Mr. Lo Iacono’s comments about Chief Zisa the City wants answers. She also said that the Council had refused to listen to the residents 5/21/12 and employees. Ms. Labrosse also asked why the City wasn’t prepared for the verdict and spoke about the Mayor’s comments at the meeting. She also said that he didn’t deserve to be Mayor and that he is obligated to all citizens not just the Latino ones. Ms. Labrosse asked him to resign. She further spoke about Mr. Calo’s legal advice. Meg Otchy, 166 Catalpa Avenue, said that she has been a lifelong resident of Hackensack and that the recent events in the City disgust her. She asked how the Council could allow the Chief of Police to continue when he is a felon and said that nothing will happen because nothing ever happens. Kevon Larkins, trustee to the Hackensack Board of Education, said that he feels sorry for the Mayor and the racially divisive comments about Ms. Martinez. Mr. Larkins said that the Mayor had told him to come to his office so he said he is here now. He said that he is disappointed to call Mr. Meneses his mayor and asked him to step down from his position effective immediately. He also said that the Mayor cannot represent everyone while he is only speaking for a few. Rhonda Bembry said that she is here to talk about the comments made at the Board of Education meeting and also said that Mayor Meneses had made a mistake and misspoken. She also said that the community is losing a lot of teachers but that she is elected to serve everyone and she does. She further said that there should have been a private conversation between the Mayor and Ms. Martinez. Carol Martinez, Prospect Avenue, apologized for having her back to the audience. She said that she had prayed for Mayor Meneses because he has been in a bad situation. Ms. Martinez read an excerpt from an e-mail which said: “…..responsibility to represent all of the residents of Hackensack”. She said that her heritage and her integrity had been insulted and that she was used as a “Latino” face. She also said that the Mayor had said that she did something to him and she wanted to know what it was. Ms. Martinez also said that she will not vote for a person who is a Latino just because they are a Latino, they have to be the best qualified person. She also requested that the Mayor step down from the Council. William Smith, Main Street, said that the City needs to have a Chief that will run this department and run it well. He said that he is a security officer and therefore has the same training as officers. He also said that the City Manager isn’t a citizen of Hackensack and that Captain Padilla should not be the Chief. He said that the City should bring in an out of towner and asked what we are going to do to bring the department up to those standards. Danny Ferretti, Hackensack resident, said that his family has been in the City for a long time. He also said that his grandfather was a lieutenant in the police department and started the juvenile division. He said that they didn’t have the problems that we have today. He further said that he was ignorant to the problem at the school board meeting but that he was proud to see someone like Carol Martinez is involved as at this point we need a good society in the City. He said that he wants to see the City back to where it used to be and asked the Council for their support to fix this community. Stephanie Hellpap, said that the Council is made up of a diverse group that works well together but not for the City of Hackensack. She also said that she is embarrassed to live in Hackensack and asked the Council to work for us not against us. Kathleen Salvo, Hudson Street, told the Council that they have killed the City financially and that she had begged the Council to do something about Chief Zisa. She also said that Hackensack is an embarrassment to the State of New Jersey and that no one answers anyone. She asked the Mayor if he is a citizen and said that he had made a stupid comment. Anthony (last name not audible), president of the NAACP said that we have to look beyond this and find out how to unify this City. He also said that we need to get away from this divisive mentality and that we need to get back to serving our constituents. 5/21/12  Mayor Meneses agreed with Mrs. Salvo that it was a stupid comment that he had made and said that he can only offer an olive branch and said that he would like to sit down with members of the community to see how we can fix this. Leonora Paul, said that she has been a PTA member for twelve to fourteen years and that Mayor Meneses is not a racist person and has never been disrespectful to her, her family or friends. She also said that we need to bring back some type of unity to Hackensack and move forward. Larry Eisen, 390 Maple Hill Drive, said that he has lived here for forty-three years and that there is a rich mix of religion and ethnicity and that we have lived here side by side in a community that nurtured its diversity. He said that this is the first time that the ugly genie of racism had come out. He also said that we are proud of each other’s diversity and that we must put the incident behind us. George Infante, a Hackensack resident, said that we need to honor the diversity of this City and we need to remember that we are all the same person inside. He also said that we need to put all of the race issues behind and need to respect each other and make the City better for the residents. Ricardo Toro, Teaneck, said that he has known Mayor Meneses for a long time and that he is not a racist. He said that every human being makes mistakes and that we need to make a better community. He also said that the Council should support Mayor Meneses as a Mayor and that he shouldn’t resign but should make us proud. Fernando Rodriguez, 300 Park Street, said that it takes courage for someone to say that they have made a mistake. A motion was made by Councilwoman Sasso and seconded by Deputy Mayor Melfi to close the public portion of the meeting. Deputy Mayor Melfi said that it has been a long two years and that the City Manager is taking actions to move the City forward to recover from the situation that we have been in. Councilwoman Sasso said that it is unfortunate that the press has chosen to present the events of the past week…………… (It should be noted that Councilwoman Sasso was not able to finish her comment due to the unruliness of the audience.) Accordingly, a motion was made by Deputy Mayor Melfi and seconded by Councilwoman Sasso to adjourn the meeting at 10:20 p.m. _____________________________ Mayor Jorge E. Meneses ______________________________ Deputy Mayor Michael R. Melfi _____________________________ Councilwoman Karen K. Sasso ______________________________ Councilman Marlin G. Townes ______________________________ Councilman John P. Labrosse __________________________ 5/21/12 Debra Heck, City Clerk 5/21/12