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, June 11, 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. A motion was made by Councilwoman Sasso and seconded by Councilman Labrosse to approve the minutes of the meetings of May 7, 2012, May 8, 2012 and May 21, 2012. The Mayor suspended the regular order of business in order to present a proclamation to the community members of SOAR. A proclamation was also presented to Emil Canestrino for the anniversary of the Lions Club. City Manager’s Report – Mr. Lo Iacono spoke about a partnership between Fairleigh Dickinson University and the Bergen County Prosecutor’s Office to hold an executive leadership program for executive personnel which he said is a significant achievement. Captain Lloyd and Lt. Busciglio from the Police Department will be attending. Mr. Lo Iacono also said that the Police and Fire departments together have established a new program which is an extension of the youth academy and will be held on Thursday nights from June 29, 2012 through August 30, 2012 from 5 to 9 p.m. Mr. Lo Iacono said that the splash park in the Second Ward park is open and fully operational and that it is a big success. At present it is open on weekends only but beginning July 2, 2012 it will be open from 9:00 a.m. to 3:30 p.m. He also said that all of the work has made that location a great place to visit. Mr. Lo Iacono advised that the reorganization meeting will be held on Monday, July 2, 2012 at 7:00 p.m. with a reception following at the Civic Center. Mr. Lo Iacono further advised that the Rotary Club was looking for a project not just to fund but also to do some physical labor. Accordingly, they will be working on the front doors of the Cultural Arts Center which need some rejuvenating. They will also be doing some landscaping work at that location when the park is built adjacent to the Arts Center. Councilwoman Sasso said that the Rotary also worked on a project called “Rebuilding Together”. NO. 207-12 OFFERED BY: SASSO SECONDED BY: TOWNES INTRODUCTION OF ORDINANCE NO. 13-2012, AN ORDINANCE ADOPTING THE REDEVELOPMENT PLAN ENTITLED “CITY OF HACKENSACK REHABILITATION PLAN FOR THE MAIN STREET AREA IN NEED OF REHABILITATION” BE IT RESOLVED that the above ordinance, being Ordinance 13-2012 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 June 27, 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 6/11/12 concerning said Ordinance and that the City Clerk be and she is hereby authorized and directed to publish said ordinance according to law with a notice of its introduction and passage on first reading and of the time and place when and where said ordinance will be further considered for final passage. Roll Call: Ayes – Labrosse, Townes, Sasso, Melfi, Meneses ORDINANCE 13-2012 AN ORDINANCE ADOPTING THE REDEVELOPMENT PLAN ENTITLED “CITY OF HACKENSACK REHABILITATION PLAN FOR THE MAIN STREET AREA IN NEED OF REHABILITATION” WHEREAS, on March 1, 2011, the City Council adopted Resolution No. 112-11 which authorized an investigation into whether the city blocks and lots listed and marked in cross-hatch on the map entitled “Area in Need of Rehabilitation, City of Hackensack – New Jersey Delineation Map Study Area”, prepared by DMR Architects, dated January 18, 2011 and attached hereto and made a part hereof as Exhibit A, including the portions of the following right of ways that border upon and/or bind together the cross- hatched city blocks and lots: Bergen County Place, Essex Street, State Street, New York Susquehanna / Western Railway, Union Street, Central Avenue, State Street, Ward Street, Union Street, Anderson Street, Pangborn Place, Clinton Place, Main Street, University Plaza Drive and River Street. (Hereinafter the “Study Area”) constitute an area in need of rehabilitation; and WHEREAS, the Mayor and City Council received and reviewed the report prepared by DMR and dated April 18, 2011 which supported a finding that the Study Area qualified as an area in need of rehabilitation because a majority of the storm water and sanitary sewer infrastructure in the Study Area is at least 50 years old and is in need of repair or substantial maintenance and a program of rehabilitation as defined in N.J.S.A. 40A:12A-3 may be expected to prevent further deterioration and promote the overall development of the community; and WHEREAS, the City Council provided the Planning Board with a copy of the resolution designating the Study Area as an area in need of rehabilitation and the Planning Board provided its recommendation dated June 8, 2011; and WHEREAS, the City Council adopted Resolution Number 208-11 on June 21, 2011 wherein it: a) it accepted the recommendations of the Planning Board dated June 8, 2011 and adopted the findings and recommendations of the April 18, 2011 report prepared by DMR; b) declared that the Study Area known as the “Main Street Rehabilitation Area” is an area in need of rehabilitation because a majority of the storm water and sanitary sewer infrastructure in the Study Area is at least 50 years old and is in need of repair or substantial maintenance and a program of rehabilitation as defined in N.J.S.A. 40A:12A-3 may be expected to prevent further deterioration and promote the overall development of the community; c) directed the City Manager and City Attorney to supervise the undertaking of a planning, engineering and legal analysis to develop a program of rehabilitation for the Main Street Rehabilitation Area, including the preparation of a redevelopment plan for the Main Street Rehabilitation Area; and WHEREAS, a redevelopment plan entitled “City of Hackensack Rehabilitation Plan for the Main Street Area in Need of Rehabilitation” (the “Plan”) has been prepared by DMR Architects for the City of Hackensack and is attached hereto and made a part 6/11/12 hereof as Exhibit B; and WHEREAS, the City Council provided the Planning Board with a copy of the Plan and the Planning Board provided its recommendation dated May 23, 2012 recommending that the Plan be adopted by the City Council. NOW, THEREFORE, BE IT ORDAINED AND ENACTED, by the Mayor and Council of the City of Hackensack, County of Bergen, State of New Jersey, as follows: Section 1. This ordinance adopts and approves redevelopment plan entitled “City of Hackensack Rehabilitation Plan for the Main Street Area in Need of Rehabilitation” (the “Plan”) prepared by DMR Architects for the City of Hackensack and attached hereto as Exhibit B. Section 2. The Plan shall supersede the provisions of the Township’s Zoning Ordinance for Main Street Rehabilitation Area except as noted within the Plan. Section 3. The Zoning Map of the City of Hackensack is hereby amended to identify the Main Street Rehabilitation Area as depicted on the map attached hereto as Exhibit A for which the Plan applies. Section 4. The Plan shall be implemented in accordance with the provisions of N.J.S.A. 40A:12A-15. Section 5. If any provision of this Ordinance shall be held invalid by any court of competent jurisdiction, the same shall not affect the other provisions of this ordinance, except so far as the provision so declared invalid shall be inseparable from the remainder of any portion thereof. Section 6. This Ordinance shall take effect upon the final passage and publication pursuant to Law. NO. 208-12 OFFERED BY: TOWNES SECONDED BY: MELFI INTRODUCTION OF ORDINANCE NO. 14-2012, AN ORDINANCE AMENDING CITY ORDINANCE CHAPTER 170, ARTICLE XIV, SECTION 170-67 “SPEED LIMITS” TO ESTABLISH A SPEED LIMIT OF 25 MPH ON MADISON STREET FROM KINDERKAMACK ROAD TO JOHNSON AVENUE BE IT RESOLVED that the above ordinance, being Ordinance 14-2012 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 June 27, 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. Roll Call: Ayes – Labrosse, Townes, Sasso, Melfi, Meneses ORDINANCE NO. 14-2012 AN ORDINANCE AMENDING CITY ORDINANCE CHAPTER 170, ARTICLE XIV, SECTION 170-67 “SPEED LIMITS” TO ESTABLISH A SPEED LIMIT OF 25 MPH ON MADISON STREET FROM KINDERKAMACK ROAD TO JOHNSON AVENUE. 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 170-67 “Speed Limits” is amended as follows: 6/11/12  Name of Street: Madison Street Sides: Both Location: Madison Street north from the intersection of Kinderkamack Road to Johnson Avenue. Section II It is the express intent of this Ordinance to establish a speed limit of 25 MPH on Madison Street from the intersection of Kinderkamack Road to Johnson Avenue. Section III If any part of this Ordinance is held to be invalid, such adjudication shall not affect the validity of the remaining portions of this Ordinance. Section IV 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. NO. 209-12 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: Current Fund $2,398,735.14 Escrow 51,329.61 Grants 6,270.00 Payroll 133,658.09 Public Parking System 4,588.55 Capital 28,924.41 Trust Account 29,930.56 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. 210-12 OFFERED BY: SASSO SECONDED BY: TOWNES ____________________________________________________________________ WHEREAS, the City of Hackensack will rescind Resolution 203-12 for change order No. 1 for the Anderson Street Emergency Sewer Replacement from increase to decrease; and WHEREAS, the total contract amount will decrease $239.54 for a new total of $867,600.46; and WHEREAS, the Project Manager and Boswell McClave Engineering have reviewed this change order and have recommended that said change order be approved; and 6/11/12  WHEREAS, a certificate establishing that funds will be changed in account 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. 211-12 OFFERED BY: SASSO SECONDED BY: TOWNES _____________________________________________________________________ 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 $60,000 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 Safe and Secure Communities In the amount of $60,000 BE IT FURTHER RESOLVED, that the like sum of $60,000 is hereby appropriated under the caption of: General Appropriations: (a) Operations Excluded from CAPS State and Federal Programs Off-Set by Revenues: 2012 Safe and Secure 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 $60,000. Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 212-12 OFFERED BY: SASSO SECONDED BY: TOWNES ____________________________________________________________________ WHEREAS, the governing body of the City of Hackensack has been advised that an emergency affecting the safety and welfare of the City of Hackensack and the general public did occur when Emergency Repairs were needed to the Sanitary Sewer at 72 Poplar Avenue; and 6/11/12  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 did exist and that immediate action was necessary to restore the aforementioned; and WHEREAS, the cost of repairs was $8,027.76 which is fair and reasonable. WHEREAS, the Chief Financial Officer has certified that funds are available in account 2-01-26-311-311-204. 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. 213-12 OFFERED BY: SASSO SECONDED BY: TOWNES ______________________________________________________________________ WHEREAS, H&S Properties, Ltd. is the owner and taxpayer of certain real property designated as Block 226.01, Lot 3, known as 15 Lehigh Street; and WHEREAS, the taxpayer filed an appeal to its 2010 real property tax assessment which matter is presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment was $4,164,600; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that this matter should be settled; and WHEREAS, said settlement is in the best interest of the City of Hackensack. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hackensack that the Tax Counsel be and is hereby authorized and directed to execute any and all documents which may be necessary to effectuate the settlement of litigation entitled “H&S Properties, Ltd. v. City of Hackensack”, Docket No: 004163-2010 presently pending in the Tax Court of New Jersey, so that the assessment be set as follows: ASSESSMENT – YEAR $3,300,000 2010 ; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a waiver of any interest payable on the refund to the taxpayer pursuant to N.J.S.A. 54:3- 27.2 provided the refund is paid within 60 days of entry of Judgment by the Tax Court. Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 214-12 OFFERED BY: SASSO SECONDED BY: TOWNES ______________________________________________________________________ WHEREAS, Walter Siegordner is the owner and taxpayer of certain real property designated as Block 58, Lot 19.02, known as 147-153 Hudson Street; and 6/11/12  WHEREAS, the taxpayer filed appeals to his 2008, 2009, 2010 and 2011 real property tax assessment which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the assessment for all years under appeal was $1,373,000; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that these matters should be settled; and WHEREAS, said settlement is in the best interest of the City of Hackensack. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hackensack that the Tax Counsel be and is hereby authorized and directed to execute any and all documents , including request for application of the Freeze Act (N.J.S.A. 54:51A-8), which may be necessary to effectuate the settlement of litigation entitled “Siegordner, Walter v. City of Hackensack”, Docket Nos: 004753-2008; 017823-2009; 007353-2010 and 008611-2011 presently pending in the Tax Court of New Jersey, so that the assessment be set as follows: ASSESSMENT – YEAR $1,373,000 2008 $1,300,000 2009 $1,275,000 2010 $1,275,000 2011 ; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a waiver of any interest payable on the refund to the taxpayer pursuant to N.J.S.A. 54:3- 27.2 provided the refund is paid within 60 days after entry of the Tax Court Judgment. Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 215-12 OFFERED BY: SASSO SECONDED BY: TOWNES ______________________________________________________________________ WHEREAS, Nilocten Development is the owner and taxpayer of certain real property designated as Block 314, Lot 2, known as 236-244 State Street; and WHEREAS, the taxpayer filed appeals to its 2009, 2010 and 2011 real property tax assessment which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment is $1,539,500; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney, Tax Appraiser and Tax Assessor that these matters should be settled; and WHEREAS, said settlement is in the best interest of the City of Hackensack. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hackensack that the Tax Counsel be and is hereby authorized and directed to execute any and all documents , including request for application of the Freeze Act (N.J.S.A. 54:51A-8), which may be necessary to effectuate the settlement of litigation entitled “Nilocten Development v. City of Hackensack”, Docket Nos: 004973-2009; 006812-2010 6/11/12 and 002682-2011 presently pending in the Tax Court of New Jersey, providing that the assessments for years 2009, 2010 and 2011 be set as follows: ASSESSMENT – YEAR $1,100,000 2009 $1,025,000 2010 $1,025,000 2011 ; and BE IT FURTHER RESOLVED, that statutory interest pursuant to N.J.S.A. 54:3- 27.2 shall not be paid if the refund due under this Resolution is paid within 60 days from the date of entry of Judgment . Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 216-12 OFFERED BY: SASSO SECONDED BY: TOWNES ______________________________________________________________________ WHEREAS, 280 Prospect Avenue Corp. is the owner and taxpayer of certain real properties designated as Block 341, Lot 5, known as 280 Prospect Avenue and Block 341, Lot 37 known as 279-281 Third Street; and WHEREAS, the taxpayer filed appeals to its 2009, 2010 and 2011 real property tax assessments which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the assessments for the subject properties for all years is $28,496,700 for Block 341, Lot 5 and $215,000 for Block 341, Lot 27; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney, the Tax Appraiser and Tax Assessor that these matters should be settled; and WHEREAS, said settlement is in the best interest of the City of Hackensack. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hackensack that the Tax Counsel be and is hereby authorized and directed to execute any and all documents , including requests for application of the Freeze Act (N.J.S.A. 54:51A-8), which may be necessary to effectuate the settlement of litigation entitled “280 Prospect Avenue Corp. v. City of Hackensack”, Docket Nos: 004983-2009; 005273-2010; and 005146-2011 presently pending in the Tax Court of New Jersey, so that the assessment be set as follows: BLOCK/LOT ASSESSMENT – YEAR 341 / 5 $28,495,700 2009 (Complaint withdrawn) $24,000,000 2010 $23,000,000 2011 341 / 37 $215,000 2009 (Complaint withdrawn) $215,000 2010 (Complaint withdrawn) $215,000 2011 (Complaint withdrawn) ; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a waiver of any interest payable on the refund to the taxpayer pursuant to N.J.S.A. 54:3- 27.2 provided the refund is paid within 60 days of entry of the Judgment. Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses 6/11/12  NO. 217-12 OFFERED BY: SASSO SECONDED BY: TOWNES ______________________________________________________________________ WHEREAS, the governing body of the City of Hackensack has been advised that an emergency effecting the safety and welfare of the City of Hackensack and the general public did occur when Emergency Repairs were needed to the Sanitary Sewer at 23 Water 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 did exist and that immediate action was necessary to restore the aforementioned; and WHEREAS, the cost of repairs was $6,228.06 which is fair and reasonable; and WHEREAS, the Chief Financial Officer has certified that funds are available in account 2-01-26-311-311-204. 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. 218-12 OFFERED BY: SASSO SECONDED BY: TOWNES ______________________________________________________________________ WHEREAS, Old Grand Dad Joint Venture is the owner and taxpayer of certain real property designated as Block 315, Lot 7, known as 264-266 State Street; and WHEREAS, the taxpayer filed an appeal to its 2010 real property tax assessment which matter is presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment was $620,000; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that this matters should be settled; and WHEREAS, said settlement is in the best interest of the City of Hackensack. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hackensack that the Tax Counsel be and is hereby authorized and directed to execute any and all documents, which may be necessary to effectuate the settlement of litigation entitled “Old Grand Dad Joint Venture v. City of Hackensack”, Docket No: 020294-2010 presently pending in the Tax Court of New Jersey, providing that the assessment for 2010 be set as follows: ASSESSMENT – YEAR $575,000 2010 ; and 6/11/12  BE IT FURTHER RESOLVED, that statutory interest pursuant to N.J.S.A. 54:3- 27.2 shall not be paid if the refund due under this Resolution is paid within 60 days from the date of entry of the Judgement. Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 219-12 OFFERED BY: SASSO SECONDED BY: TOWNES ______________________________________________________________________ WHEREAS, the City of Hackensack wishes to apply for funding for a project under the Safe and Secure Communities Program; and WHEREAS, the Mayor and City Council have reviewed the accompanying application and have approved said request; and WHEREAS, the project is a joint effort between the Department of Law and Public Safety and the City of Hackensack for the purpose described in the application. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council that: 1. As a matter of public policy the City of Hackensack wishes to participate to the fullest extent possible with the Department of Law and Public Safety. 2. The Attorney General will receive funds on behalf of the applicant. 3. The Division of Criminal Justice shall be responsible for the receipt and review of the applications for said fund. 4. The Division of Criminal Justice shall initiate allocations to each applicant as authorized. Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 220-12 OFFERED BY: SASSO OFFERED BY: TOWNES ___________________________________________________________________ WHEREAS, Cross Match Technologies, Inc., 3950 RCA Blvd, Suite 5001, Palm Beach Gardens, Florida, 33410 has been awarded New Jersey State Contract No. 68462 under the State of New Jersey; and WHEREAS, the City of Hackensack wishes to upgrade the Fingerprint System, for the Police Department pursuant to Local Public Contract Laws (N.J.S.A. 40A: 11-12); and WHEREAS, the cost to upgrade will be $18,561.25; and WHEREAS, the Interim Police Chief of the Police Department and the Director of Purchasing agrees that the utilization of the contract represent the best price available. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the City of Hackensack authorizes the upgrade of the Fingerprint System for Cross Match Technologies, Inc., 3950 RCA Blvd, Suite 5001, Palm Beach Gardens, Florida, 33410. BE IT FURTHER RESOLVED, that the Chief Financial Officer has certified funds are available in account T-03-56-850-836-801 of the Trust fund. Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses 6/11/12  NO. 221-12 OFFERED BY: SASSO SECONDED BY: TOWNES _____________________________________________________________________ WHEREAS, the statutory due date for real estate taxes in the State of New Jersey, for the 2nd quarter is May first, and the City of Hackensack extends a 10 calendar day grace period for payment of same; and WHEREAS, payment for 2nd quarter, 2012 taxes for Block 143 Lot 36, also known as 418 Marvin Avenue, Hackensack, was mailed in one envelope along with payment for a second property owned by the same owner (Block 124.01 Lot 13) for the past three years, per the owner Lucille Clapps; and WHEREAS, research has shown that payment for both properties have been received on the same day for the past four years, and both received within the grace period; and WHEREAS, it appears that only one check was removed from the envelope by the Tax Office on May 9, 2012 and one may have been discarded in error. NOW, THEREFORE, BE IT RESOLVED, that the Tax Collector be and is hereby permitted to cancel interest in the amount of $12.95 for Block 143 Lot 36 for the second quarter of 2012. Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 222-12 OFFERED BY: SASSO SECONDED BY: TOWNES _____________________________________________________________________ WHEREAS, Tax Assessor Arthur Carlson in conjunction with City Tax Attorney Donald Lenner, finds and declares the Borough of Maywood is the rightful owner of Block 504.02 Lot 14.02, also known as “Commerce Way” ; and WHEREAS, the Borough of Maywood is tax exempt under N.J.S.A. 54:4-33 and also N.J.S.A. 40:14B-63 and therefore entitled to Municipal exemption and relieved of paying any real estate taxes; and WHEREAS, the following taxes are currently open and due on the tax rolls: 2005 $1,674.33 2006 $1,788.57 2007 $2,358.15 2008 $2,484.95 2009 $2,624.78 2010 $2,758.68 2011 $2,487.69 NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Hackensack, that the Municipal Tax Collector is hereby authorized to cancel the above real estate taxes as this property is declared tax exempt. Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses 6/11/12  NO. 223-12 OFFERED BY: SASSO SECONDED BY: TOWNES ____________________________________________________________________________________ BE IT RESOLVED, by the City Council of the City of Hackensack that the proper officers be and are hereby authorized to make the following refunds for the reasons stated: AMOUNT BLOCK LOT NAME YEAR REASON $2,179.00 26 38 Khaled&Omar Darwish 2012 Deplicate Pymt 317 Washington Ave. Hackensack, NJ 07601 $2,141.91 46.01 1 Daniel G. Keough, Trustee 2009 SBJ For Kuder et al 783 Springfield Ave. Summit, NJ 07901-2332 $2,833.18 46.01 1 “ “ “ 2010 SBJ $3,798.73 49 1 A&M Partners LLC 2009 SBJ 146 Division Pl. Hackensack, NJ 07601 $5,156.52 49 1 “ “ “ “ 2010 SBJ $1,312.72 510 14 Nashel&Nashel Trust Account 2008 SBJ For Packard Real Estate Group 415 Sixtieth St. West New York, NJ 07093 $2,494.09 510 14 “ “ “ “ 2009 SBJ $4,949.33 510 14 “ “ “ “ 2010 SBJ $390.40 510 15 Nashel&Nashel Trust Account 2008 SBJ For Packard Real Estate Group 415 Sixtieth St. West New York, NJ 07093 $1,519.49 510 15 “ “ “ “ 2009 SBJ $8,581.01 510 15 “ “ “ “ 2010 SBJ $2,669.48 510 18.02 Nashel&Nashel Trust Account 2008 SBJ For Packard Real Estate Group 415 Sixtieth St. West New York, NJ 07093 $6,142.20 510 18.05 “ “ “ “ 2009 SBJ $8,783.54 510 18.05 “ “ “ “ 2010 SBJ Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses 6/11/12  NO. 224-12 OFFERED BY: SASSO SECONDED BY: TOWNES ________________________________________________________________ BE IT RESOLVED by the City Council of the City of Hackensack that the proper officers be and are hereby authorized to make the following refund for the reason stated: $135.00 is a refund for two (2) Hackensack Drama Class registration fee. Refund to: Mr. George Nikei 319 Central Avenue, Apt.E Hackensack, N.J. 07601 Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 225-12 OFFERED BY: SASSO SECONDED BY: TOWNES _____________________________________________________________________ WHEREAS, the City of Hackensack Police Department requires Online Training modules for a 12 month subscription, designed specifically for their computer system; and WHEREAS, the services are of extraordinary nature for the Police Department for their computer system in 5:3014C promulgated by the Local Finance Board, Division of Local Government Services Inc. NOW, THEREFORE, BE IT RESOLVED, that the proposal submitted by the Rodgers Group, LLC, P.O. Box 831, Island Heights, New Jersey, 08732, be accepted and awarded in the amount of $18,656.00; and BE IT FURTHER RESOLVED, that the Chief Financial Officer has certified that funds are available in Trust account T-03-56-850-836-801. Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 226-12 OFFERED BY: SASSO SECONDED BY: TOWNES _____________________________________________________________________ WHEREAS, the City of Hackensack is committed to creating street corridors that safely accommodate all road users of all abilities; and WHEREAS, significant accomplishments have already been achieved by incorporating pedestrian safety and traffic calming measures when public streets are improved; and WHEREAS, the Mayor and Council supports this “complete streets” initiative and wishes to reinforce its commitment to creating a comprehensive, integrated, connected street network that safely accommodates all road users of all abilities and for all trips; and WHEREAS, that all public streets projects, both new construction and reconstruction (excluding maintenance) undertaken by the City of Hackensack shall be 6/11/12 designed and constructed as “complete streets” whenever feasible to do so in order to safely accommodate travel by pedestrians, bicyclists, public transit and motorized vehicles and their passengers, with special priority given to pedestrian safety, and subject to the following conditions: a. Pedestrian and bicycle facilities shall not be required where they are prohibited by law; and b. Public transit facilities shall not be required on streets not serving as transit routes and the desirability of transit facilities will be determined on a project basis; and c. In any project, should the cost of pedestrian, public transit, and/or bicycle facilities causes an increase in project costs in excess of 5%, as determined by engineering estimates, that would have to funded with local tax dollars, then approval by the Mayor and Council must be obtained for same prior to bidding of the project. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hackensack, County of Bergen, State of New Jersey, hereby adopts the “Complete Streets” policy as outlined in the resolution. Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 227-12 OFFERED BY: SASSO SECONDED BY: TOWNES __________________________________________________________________________________ BE IT RESOLVED by the City Council of the City of Hackensack that the following liquor licenses be issued in the City of Hackensack, effective July 1, 2012 through June 30, 2013, applicants having complied with the ordinances of the City of Hackensack and any special conditions which may be determined by the City Council, and having paid the required fee: 0223-33-004-005 Palcan Inc. $1,500.00 160 Prospect Avenue 0223-33-006-001 Carvet, Inc. $1,500.00 250 Essex Street 0223-33-007-002 Charles & Paul Riviera Lounge, Inc. $1,500.00 308 – 310 Main Street 0223-33-008-008 Apple Food Service of Hackensack LLC $1,500.00 450 Hackensack Avenue 0223-33-009-011 JAG 77 LLC $1,500.00 77 Hudson Street 0223-33-011-005 Yoshida Enterprises Inc. $1,500.00 21 Mercer Street 0223-32-010-011 Morton’s of Chicago/Hackensack LLC $1,500.00 274 Riverside Square 0223-33-012-003 Continental Hackensack, Inc. $1,500.00 407 Hackensack Avenue 0223-33-013-007 The Poitin Stil (BSPJ) $1,500.00 774 Main Street 0223-44-014-002 River Wines and Liquors LLC $1,125.00 410 River Street 6/11/12 0223-33-015-007 General Poors Tavern $1,500.00 45 Main Street 0223-44-016-003 R & C Delicatessen & Liquors (Parisi’s) $1,125.00 89 South State Street 0223-33-017-001 Majestic Lodge Elks 153 IBPOE of W $1,500.00 351 First Street 0223-33-018-001 Hackensack BPO Elks #658 $1,500.00 37 Linden Street 0223-44-019-006 Partik, LLC $1,125.00 463 Passaic Street 0223-33-020-004 The Chit Chat Diner (Konfra) $1,500.00 515 Essex Street 0223-33-021-002 Cubby’s Inc. $1,500.00 249 S. River Street 0223-44-023-005 Georges Liquors $1,125.00 130 Anderson Street 0223-44-025-004 HWK Marketing Inc. (Wine King) $1,125.00 387 Route 17 South 0223-33-026-004 Brooklyn’s Coal Burning Brick Oven Pizzeria $1,500.00 161 Hackensack Avenue 0223-33-028-010 Yusuwan Enterprises Inc. $1,500.00 261 Main Street 0223-44-030-005 Hackensack Liquors Inc. $1,125.00 159 Main Street 0223-33-032-003 Lido Restaurant $1,500.00 701 Main Street 0223-44-033-005 Budy’s Wines & Liquors $1,125.00 139 Hudson Street 0223-33-034-005 Club Aladdin Inc. $1,500.00 382 Main Street 0223-44-035-008 D.N. Patel (Deli Mart) $1,125.00 789 Main Street 0223-33-036-003 The Straphanger Saloon LLC $1,500.00 126 Anderson Street 0223-33-038-005 Bowler City Lounge Inc. $1,500.00 85 Midtown Bridge Approach 0223-33-040-007 Coach House Diner & Restaurant $1,500.00 Route 4 & Hackensack Avenue 0223-33-041-004 Hiliada Inc. $1,500.00 80 River Street 0223-44-042-008 Essex Street Liquors & Wines $1,125.00 214-216 Essex Street 0223-44-043-006 Western Beverages Corporation $1,125.00 80 South River Street 6/11/12 0223-33-044-005 Talty Michael (Lazy Lannigan) $1,500.00 604-606 Main Street 0223-33-045-006 Ichiban Inc. $1,500.00 211 Hillcrest Drive, Paramus (pocket) 0223-33-047-004 The Cheesecake Factory Restaurants Inc. $1,500.00 197 Riverside Square 0223-33-049-006 Houston’s Restaurant $1,500.00 One Riverside Square, #181 0223-33-050-008 PF Chang’s $1,500.00 One Riverside Square 0223-33-051-011 Hackensack Wings, LLC $1,500.00 41 Route 4 East 0223-33-052-003 Donnelly Restaurant Associates, Inc. $1,500.00 107-109 Anderson Street 0223-33-055-007 Thai Chef Riverside (pocket) $1,500.00 81 Eastbrook Drive, River Edge 0223-44-056-006 BP Holdings LLC $1,125.00 337 Essex Street 0223-33-057-008 Roadhouse, Inc. (Green Olive) $1,500.00 455 Passaic Street 0223-33-058-001 Solaris Restaurant Inc. $1,500.00 61 River Street 0223-33-059-008 Mi Tierrita $1,500.00 252 Main Street 0223-33-060-007 Rosa Mexicano $1,500.00 Riverside Square 0223-33-061-002 Theva Foods Inc. $1,500.00 293 Polifly Road 0223-33-063-009 Stony Hill Inn (J&B Rest. Assoc.) $1,500.00 231 Polifly Road 0223-33-064-002 Harley’s Irish Pub (Tri-Color Inc.) $1,500.00 366 River Street 0223-33-065-011 Maggiano’s Holding Corp. $1,500.00 390 Hackensack Ave. 0223-44-066-004 88 Capital Inc. $1,125.00 500 South River Street 0223-33-068-006 The Crows Nest (Corfu) $1,500.00 309 Vincent Avenue 0223-31-069-001 Craftmen’s Club of Mt Zion Lodge #50 $ 180.00 230 Passaic Street 0223-31-072-002 Hackensack Lodge 489 (Loyal Order of Moose) $ 180.00 215 Charles Street 0223-31-073-001 Oritani Field Club $ 180.00 18 E. Camden Street Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses 6/11/12  NO. 228-12 OFFERED BY: SASSO SECONDED BY: TOWNES _____________________________________________________________________ WHEREAS, pursuant to an advertisement in the Record, bids were received on May 1st, 2012, for Removal of Brush and Wood Chips, Tree Logs 2012; and WHEREAS, two bids were received from Natures Choice Corp. and Environmental Renewal LLC. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council, the bid for Removal of Brush and Wood Chips, Tree Logs 2012 goes to Natures Choice Corp., 1 Caven Point Avenue, Jersey City, New Jersey 07305 for the bid price of $324.00 per container; and BE IT FURTHER RESOLVED, that the Chief Financial Officer has certified that funds will be available in current account 2-01-26-313-313-276. Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 229-12 OFFERED BY: SASSO SECONDED BY: TOWNES _____________________________________________________________________ WHEREAS, the governing body of the City of Hackensack has been advised that an emergency affecting the safety and welfare of the citizens of the City of Hackensack and the general public did occur when emergency repairs were needed for Sanitation Truck No. 265; 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 WHEREAS, the total cost of the repair was $6,399.76, which was a fair and reasonable quotation. WHEREAS, the Chief Financial Officer has certified that funds are available in Current account 2-01-26-300-302-272; and 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 Timmerman Equipment Co., 3554 Route 22 West, Whitehouse, New Jersey, 08888 and be paid therefore. Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 230-12 OFFERED BY: SASSO SECONDED BY: TOWNES _____________________________________________________________________ WHEREAS, the governing body of the City of Hackensack has been advised that an emergency affecting the safety and welfare of the citizens of the City of Hackensack and the general public did occur when emergency repairs were needed for Sanitation Packer No. 290; and 6/11/12  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 WHEREAS, the total cost of the repair was $5,151.15, 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. 231-12 OFFERED BY: SASSO SECONDED BY: TOWNES WHEREAS, the City of Hackensack and the Borough of Paramus wish to enter into an inter-local service agreement pursuant to which the Borough of Paramus will provide labor and maintenance services on vehicles owned by the City of Hackensack Fire Department; and WHEREAS, both of the parties to such an Agreement are authorized by law to enter into an agreement with one another to provide jointly for any lawful service to and for the residents of the respective municipalities pursuant to the provisions of the “Interlocal Services Act” N.J.S.A 40:8A-1 et seq.; and WHEREAS, the governing bodies of the Borough of Paramus and the City of Hackensack recognize that the implementation of an Interlocal Agreement to provide labor and maintenance services is in the best interest of the taxpayers of the respective municipalities. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack hereby authorizes the execution of an Interlocal Services Agreement with the Borough of Paramus for a period of one (1) year. BE IT FURTHER RESOLVED, that the Agreement shall commence on January 1, 2012 and end on December 31, 2012. BE IT FURTHER RESOLVED that the cost of same shall be as set forth in the Agreement, which is attached hereto. BE IT FURTHER RESOLVED that the Mayor and Council of the City of Hackensack hereby authorize the execution of an Interlocal Agreement with the Borough of Paramus, subject to the approval of the Hackensack City Attorney. BE IT FURTHER RESOLVED that the Agreement shall take effect upon the execution of same and adoption of resolutions by both parties as provided by law. BE IT FURTHER RESOLVED that a copy of this resolution shall be kept on file in the City Clerk’s office and shall be available for public inspection during regular business hours. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses 6/11/12  Councilwoman Sasso left the meeting prior to public comments. A motion was made by Deputy Mayor Melfi and seconded by Councilman Labrosse to open the meeting to the public. Emil Canestrino, Brook Street, thanked the Council for recognizing the Lion’s Club. He also said that he wanted to discuss the possibility of a police director and the video taping of meetings. Mr. Canestrino also spoke about Mr. Zisa and the lawsuits and asked him to give consideration to stepping down as he believes that Mr. Zisa cannot function as a City attorney. Carolyn Davis, 192 Stanley Place, asked a question about the primary election. Councilman Townes advised her that she needs to take up her concern with the Board of Elections. She also spoke again about Stanley Place and the parking issue. She said that the yellow lines do not solve the issue. Mr. Lo Iacono will revisit the ordinance with the Traffic division. Kathy Canestrino, Brook Street, reiterated her husband’s feelings and asked Mr. Zisa to do the right thing and step down from his position as City attorney. She also said that the City is paying two City attorneys and that guidance is needed on how to proceed and that Mr. Zisa cannot provide this. Mrs. Canestrino also said that depositions have started and that there are criminal incidents involving Captain Padilla, therefore she feels that he is not the right person for this position. She further said that the City does not need to be in the position of defending another Chief. She asked the Council to look at the evidence to see why or why not he should be in this position. Steve Gelber, 304 Clinton Place, said that he had seen Mr. Lo Iacono’s quote in the paper regarding the civil service test being just a formality. Mr. Lo Iacono said that the statement was not made that way and that it was mis-reported. He also said that he did not mean that or intend that. He further said that he cannot go around the civil service process and that he eagerly awaits a correction. Mr. Gelber said that he was not able to attend the last regular meeting however he had sent a letter to the Council and they should have acknowledged receiving same. Councilman Labrosse said that he received the letter and that he wasn’t going to comment that night as it had been said that the letter would not be read. Mayor Meneses stated that we do not read letters at the meeting. Mr. Gelber said that he also echoes Mr. and Mrs. Canestrino’s thoughts. Debbie Labrosse, asked questions about Resolution No. 222-12 involving Commerce Way. She also stated that the City does not have a sexual harassment policy in place and Mr. Lo Iacono said that the City does. He further said that Ray Wiss is working on updating the employee’s manual. Mrs. Labrosse asked when this will be finished. She also said that she agrees that Mr. Zisa should step down. She further said that it is time to start moving forward and asked how much the citizens have to take. Rich Gelber, Clinton Place, said that he didn’t want to see Mr. Zisa step down because he is a good lawyer and he knows that because he read it in the County Seat. Regina DiPasqua, Parker Avenue, said that she had not received the Community Link and also asked who is doing all of the printing. Mr. Lo Iacono said that the flyers had been printed to advertise the Summer Concert Series and the 4 th of July festivities. Ms. DiPasqua asked why it had taken seven years to find out that the property on Commerce Way belonged to Maywood. She also spoke about a helicopter that lands at the Hackensack UMC and said that it shakes her house. Ms. DiPasqua also said that if the meetings were televised and you spoke out at the meetings you wouldn’t need to be worried about being misquoted in the newspaper. She asked how the committee is doing and Deputy Mayor Melfi said that they haven’t had a meeting yet. She asked Mr. Zisa if all is in order with his liquor license this year and asked when an administrative hearing would be held for the Chief. Mr. Zisa said that the Judge had ruled on this and Mr. Lo Iacono asked how you could have an administrative hearing for someone who is not an employee. 6/11/12  Mary Gelber, 304 Clinton Place, questioned whether the Chief’s medical insurance had been stopped yet and Mr. Lo Iacono advised her that the City is mandated by law to give him thirty days notice, as with all employees. Mrs. Gelber said that Deputy Mayor Melfi had a “no settlement” policy and asked if he had changed his mind. Deputy Mayor Melfi said that he had no comment. She further said that she understands why the Council does not want to tape the meetings. Bobby Egan, asked the Council to consider settling some of the cases. He also said that he has appealed his taxes for the last three years which have increased 30+% and that the City is paying too many legal fees. He also said that insanity is doing the same thing and expecting different results. He said that he expects the Council to do what is best for the citizens of Hackensack and that it does more harm to keep going forward with the cases. He asked the Council to sit down and look at the cases and try to settle them. Nicholas Cogelja, 88 Catalpa Avenue, spoke about a basketball hoop in front of his house and said that he had gotten signatures from the neighbors. He asked the City to make an exception and let him keep the hoop where it is. Mr. Lo Iacono said that he told the Code Enforcement officer to suspend issuing warnings about the hoop but that waiving enforcement is against the law. As no one else wished to be heard, a motion was made by Deputy Mayor Melfi and seconded by Councilman Townes to close the public portion of the meeting. Councilman Labrosse spoke about the issue regarding Captain Padilla and the first day of depositions. He said that it made no sense that a man involved in three lawsuits be appointed to serve as interim chief and that he wants to pursue getting a police director. He also said that we need some outside help and fast. He said that he agrees with Mr. Egan’s comment regarding friendship and said that friendship ends when we come here. Councilman Labrosse said that we have to take a look at our situation in the Police department and try to move forward. Councilman Townes said that he did not think that getting involved with a police director would be the best idea right now. He also said that he respects Councilman Labrosse’s opinion but does not agree. Mayor Meneses said that when Captain Padilla made his presentation to the Council he thought that Councilman Labrosse was in agreement. A motion was made by Deputy Mayor Melfi and seconded by Councilman Townes to adjourn the meeting at 9:05 p.m. _____________________________ Mayor Jorge E. Meneses ______________________________ Deputy Mayor Michael R. Melfi _____________________________ Councilwoman Karen K. Sasso ______________________________ Councilman Marlin G. Townes ______________________________ Councilman John P. Labrosse __________________________ Debra Heck, City Clerk 6/11/12