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 Wednesday, June 27, 2012, at 8:05 p.m. Mayor Meneses called the meeting to order and City Clerk, Debra Heck, stated: “In accordance with the Open Public Meetings Act, Chapter 231, Laws of 1975, adequate notice of this meeting was provided by sending a notice to The Record and the County Seat and by posting a copy on the Bulletin Board in City Hall”. Mrs. Heck called the roll: Present – Mayor Jorge E. Meneses, Deputy Mayor Michael R. Melfi, Councilwoman Karen K. Sasso, Councilman John P. Labrosse, Councilman Marlin G. Townes, City Attorney Joseph C. Zisa and City Manager Stephen Lo Iacono. Approval of the minutes of June 11, 2012 was held for the next meeting. City Manager’s Report – Mr. Lo Iacono reminded everyone about the July 4 th celebration next Wednesday which will be held all day at Foschini Park with fireworks and a concert by the Infernos. He also said that it is free to the public. Mr. Lo Iacono also reminded everyone that next Monday at 7:00 p.m. the annual reorganization meeting will be held and everyone is invited. He also said that there will be a short reception after the meeting at the Civic Center. Mr. Lo Iacono also said that Police Officer Kenneth Martin has received the 2012 Exceptional Service Award as SRO and that this is an extremely prestigious award. Mr. Lo Iacono also spoke about the rehabilitation plan for Main Street and said that he had received a copy of a letter from the Department of Community Affairs confirming receipt of the plan which is required by law. He further said that it is rare for the state to commend a municipality on a rehabilitation plan and that this is a tribute to the hard work that Hackensack has done. At this point the regular order of business was suspended by Mayor Meneses. Mr. Andrew Mboya, AmeriCorps Project Manager, said that he is a longtime resident of Hackensack and that he rehabs homes for senior citizens, etc. free of charge using volunteers. He also said that he had done some projects in the City of Hackensack which included work at Carver Park with a group of student volunteers. The volunteers were thanked and congratulated for their hard work and certificates will be mailed out to them. While not all of the volunteers were present, the following is a list of participants: Lisa Giordano, Volunteer Coordinator, Francis Dillard-Bruce, Ray Giordano, Justin Mboya, Dorothea Ballai, Karleigh Dillard, Brey’l Dupree, Justin Bushell- Castello, Juwann Bushell-Beatty, Rachel Murphy, Tia Rose, Tyshawn Thompson, Tyron Thompson, Emma Wong, Caroline Bucca, Kayla Hubbard and Tiarah Fowles. Councilman Townes stated that he had visited the sites of five projects and witnessed people giving of their time to make the City a better place, which included work at the food bank, a gutted house, a ramp at Home Services, etc. At this point in the meeting, Timothy Hoffman, a recent graduate of Hackensack High School, and more specifically the valedictorian and president of the student body, was honored as he received an award from the Louis Bay Scholarship which was conducted by the state League of Municipalities. Mr. Lo Iacono advised that this is a difficult competition and that Timothy was one of the recipients out of four or five statewide finalists. Mr. Lo Iacono also said that Timothy had “shadowed” him for two days as he is interested in local government and that Timothy is very polite and polished. Mr. Lo Iacono offered him congratulations on everything that he had achieved. 6/27/12  With reference to the next resolution, Matt Karrenberg of the DeCotiis law firm and Fran Reiner of DMR who is the City Planner spoke about the implementation of new zoning for the area. Mr. Lo Iacono advised that there was a representative from Senator Weinberg’s office present, Marilyn Santiago and that earlier a representative from Senator Menendez’s office had been present. Jerry Lombardo spoke about his trip to Europe and said that they protect their downtowns and that there are wide sidewalks and outside dining. He thanked the Mayor and Council and the City Manager for their vision and courage and said that it was both inspiring and humbling. He spoke of everyone working together for eight long years in order to develop a plan which would address issues and provide the necessary framework to build the Main Street of tomorrow. Mr. Lombardo also said that StreetWorks knows more about downtowns and knows what works and what doesn’t work and that Fran Reiner of DMR is the best downtown planning person. The rehabilitation plan does not included eminent domain and will stimulate the economic engine in our downtown. This will become a place to live, work, shop, dine and play and it will include residential, retail, civic and cultural properties to develop. He also spoke about the location, density and cultural diversity and that it will help to expand the tax base and lower homeowner’s taxes. He thanked Councilwoman Sasso, Mayor Meneses and Mr. Lo Iacono in particular. Michael Monaghan said that the Council had made a commitment that there would be no eminent domain and asked if this is still correct. It was affirmed to Mr. Monaghan that eminent domain would not be utilized with the rehabilitation plan. Bryan Hekemian said that he is the owner of a family business that has been in operation for over eighty years, and he spoke about redefining and redesigning and said that this will be a public and private partnership to create an eat, work and play environment. Mr. Hekemian thanked the Mayor and Council, Mr. Lo Iacono and Albert Dib and said that he looks forward to having his children see the rebirth of Hackensack. Pedra DelVecchio said that she is excited about the plan and that it is an excellent opportunity. She also spoke about the Hackensack River watershed and said that she hopes for some sort of water abatement and that environmental friendly materials should be used. Eric Anderson, who is part of the Main Street Business Alliance thanked the Mayor and Council for their support and hard efforts. Councilwoman Sasso thanked the rest of the Council for their support. She also thanked Mr. Lo Iacono and Fran Reiner and the Main Street Business Alliance. Councilwoman Sasso also said that it was a pleasure working with Lucy from StreetWorks and said that some great professionals had been hired. She also thanked Albert Dib. She said that the Council has many accomplishments to be proud of which include instituting the abandoned property ordinance, the renovations to the parks, etc. She further said that the rehabilitation plan is a most powerful document and that she can’t wait to see tangible proof. Deputy Mayor Melfi thanked Councilwoman Sasso for her time and effort and also thanked the Mayor for representing the Council overall. He also said that the plan is the culmination of thousands of hours of work of the Council and the Main Street Business Alliance. Deputy Mayor Melfi also said that this is the first step in a journey for Hackensack and that he had enjoyed shopping at the stores on Main Street in the 1970’s, but that he doesn’t want what it was, but what it can be. Councilman Townes said that he is the happiest person in the room, yet he was the doubting Thomas. He also said that he is overjoyed to see this done and that maybe he will not see the entire new downtown, but that there will be one. He thanked all of the professionals and Mr. Lo Iacono and said that Mr. Lo Iacono is “ the glue that holds the City together”. 6/27/12  Councilman Labrosse thanked the Main Street Alliance and said that Fran Reiner has shown what can happen when a City and Council work together with private enterprise. He also said that there has been nothing of this magnitude before and everything fell into place. He further said that the stars are aligned in Hackensack and thanked everyone for a great plan and said that he is so looking forward to the next five to ten years. Mr. Lo Iacono said that although the project had been a lot of work, everyone can be proud of what we have done. But, he said, the work is just beginning. The foundation is in place and there are difficult days ahead of us. He also said that it is obvious that there is a spirit of unity on this issue and that if everyone stays together it will get done. He further said that everyone should be commended for their part and that developers in our City have confidence in the plan and more calls are being received from outside developers. Councilman Labrosse also thanked Councilwoman Sasso and Mayor Meneses as only two people from the Council could spearhead this. He also said that he had put his faith in both of them and they did a great job. Mr. Zisa said that developers want to invest their money in our downtown. Mayor Meneses said that two weeks ago he had been in South America and that other countries are going to use the same concepts that we did in Hackensack. He also said that the City has been receiving a lot of phone calls, but that we have capital developers that have come to the table saying that they want to do this. He further said that he feels very optimistic that this is going to happen and thanked everyone for their efforts. Mr. Lo Iacono said that the City is fortunate to have Fran Reiner for this effort. Mayor Meneses spoke about the park on Essex and Main that is being developed by Mr. Sanzari and said that Mr. Sanzari is giving the park to the City in memory of his parents. The Mayor further said that this will jump start the rehabilitation plan. NO. 232-12 OFFERED BY: LABROSSE SECONDED BY: SASSO FINAL ADOPTION 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” 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 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. 13-2012 has passed its second and final reading and is hereby adopted. Roll Call: Ayes – Labrosse, Townes, Sasso, Melfi, Meneses 6/27/12  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 hereof as Exhibit B; and 6/27/12  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. 233-12 OFFERED BY: SASSO SECONDED BY: MELFI FINAL ADOPTION 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 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 Councilman Townes 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. 14-2012 has passed its second and final reading and is hereby adopted. 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. 6/27/12  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: 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. 234-12 OFFERED BY: MELFI SECONDED BY: TOWNES INTRODUCTION OF ORDINANCE NO. 15-2012, AN ORDINANCE AMENDING CHAPTER 88 OF THE CODE OF THE CITY OF HACKENSACK ENTITLED “FIRE PREVENTION” BE IT RESOLVED that the above ordinance, being Ordinance 15-2012 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 July 17, 2012 at 7:00 p.m. or as soon thereafter as the matter can be reached at the regular meeting place of the City Council and at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance and that the City Clerk be and she is hereby authorized and directed to publish said ordinance according to law with a notice of its introduction and passage on first reading and of the time and place when and where said ordinance will be further considered for final passage. Roll Call: Ayes – Labrosse, Townes, Sasso, Melfi, Meneses ORDINANCE 15-2012 AN ORDINANCE TO AMEND CHAPTER 88 OF THE CODE OF THE CITY OF HACKENSACK ENTITLED “FIRE PREVENTION” Chapter 88. FIRE PREVENTION [HISTORY: Adopted by the City Council of the City of Hackensack 9-17-1990 as Ord. No. 26-90. Editor's Note: This ordinance also repealed former Ch. 88, Fire Prevention, adopted as follows: Art. I, 12-15-1969 as Ord. No. 961; Art. II, 2-21-1984 as Ord. No. 3-84; Art. III, 7-23-1985 as Ord. No. 15-85; Art. IV, 6-5-1989 as Ord. No. 13-89. Amendments noted where applicable.] GENERAL REFERENCES Fire Department — See Ch. 19. Alarm devices — See Ch. 47. Explosives — See Ch. 86. Smoke emission — See Ch. 145. 6/27/12 Uniform construction codes — See Ch. 166. § 88-1. Adoption of standards. There is hereby adopted by the City Council, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion, that certain code known as the "Uniform Fire Safety Act" (N.J.S.A. 52:27D-192 et seq.) as modified, amended or supplemented by this chapter. § 88-2. Enforcing agency. A. Pursuant to Section 11 of the Uniform Fire Safety Act, (P.L. 1983 c. 383), the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1.1 et seq.) shall be enforced locally. The local enforcement agency shall be the Hackensack Fire Prevention Bureau established within the Hackensack Fire Department and shall be operated under the direction and supervision of the Chief of the Fire Department [Amended 8-5-1991 by Ord. No. 16-91] B. The Fire Prevention Bureau shall enforce the Uniform Fire Safety Act and the codes and regulations adopted pursuant thereto in all buildings, structures and premises within the established boundaries of the City of Hackensack and shall comply with the requirements of the Uniform Fire Safety Act and the current adopted edition of the NJ Uniform Fire Code. C. The Fire Prevention Bureau shall carry out the periodic inspections of life hazard uses required by the NJ Uniform Fire Code. § 88-3. Organization of enforcing agency. The organization of the Hackensack Fire Prevention Bureau shall be as follows: A. Composition. The Fire Prevention Bureau shall consist of the Fire Official and such other members of the Fire Department and/or civilians (certified by the State of New Jersey) who shall, from time to time, be appointed to the Bureau as inspectors by the City Manager upon the recommendation of the Chief of the Fire Department. Service shall be at the pleasure of the City Manager insofar as the same is consistent with applicable state law. B. Chief of the Fire Prevention Bureau. The City Manager shall designate an officer of at least the rank of Lieutenant of the Fire Department as the Fire Official to command the Bureau of Fire Prevention after receiving a recommendation by the Chief of the Fire Department, said officer shall serve at the pleasure of the City Manager. C. Supervision of Bureau. The Fire Official and all other inspectors shall be under the direct supervision of the Fire Chief of the Fire Department of the City of Hackensack. D. Rules and regulations. The Fire Official may, with the concurrence of the Chief of the Fire Department, make and enforce such rules and regulations as he may deem necessary to carry out the provisions of this chapter and the code adopted hereby. E. Fire Official; appointment. The local enforcing agency shall be under the direct supervision of a Fire Official (certified by the State of New Jersey), who shall be appointed by the City Manager upon the recommendation of the Fire Chief. The Fire Official shall serve for a term of one year. F. Inspectors and other employees; appointment. Such inspectors and other employees as may be necessary in the local enforcing agency shall be appointed by the City Manager upon the recommendation of the Fire Chief of the City of Hackensack. G. Removal from office. The Fire Official, inspectors and other employees of the inspecting agency shall be subject to removal by the City Manager, upon the recommendation of the Fire Chief, for inefficiency, misconduct or reassignment or other good excuse consistent with applicable law. The Fire Official, each inspector or employee to be so removed shall be afforded an opportunity to be heard by the appointing authority or a designated hearing officer. [Amended 8-5-1991 by Ord. No. 16-91] § 88-4. Life hazard uses. 6/27/12 The Fire Prevention Bureau established by this chapter shall carry out the periodic inspections of life hazard uses required by the NJ Uniform Fire Code on behalf of the Commissioner of the Department of Community Affairs of the State of New Jersey. § 88-5. Non-life-hazard uses. A. In addition to the registrations required by the Uniform Fire Code, the following non-life-hazard uses shall register with the Bureau of Fire Prevention. These uses shall be inspected once per year and shall pay an annual fee as set forth below: [Amended 1-18-1994 by Ord. No. 6-94; 3-15-1999 by Ord. No. 6-99] Use Group Annual Fee Business Use Group B-1, 100 to 1,500 square feet $20 B-2, 1,500 to 2,499 square feet $30 B-3, 2,500 to 6,999 square feet $60 B-4, 7,000 to 9,999 square feet $125 B-5, over 10,000 square feet $175 Factory Use Group F-1, under 4,000 square feet $100 F-2, 4,000 square feet and over $150 Mercantile Use Group M-1, under 4,000 square feet $50 M-2, over 4,000 square feet $100 Storage Use Group S-1, under 2,500 square feet $50 S-2, 2,500 square feet to 7,000 square feet $80 S-3, over 7,000 square feet $150 Residential Use Group R-A, non-owner-occupied 2-family units $30 R-B, 3 to 6 units $45 R-C, 7 to 12 units $75 R-D, 13 to 19 units $200 R-E, 20 to 39 units $360 R-F, 40 to 80 units $425 R-G, over 80 units $500 Utilities Use Group U-1, under 2,500 square feet $35 U-2, 2,501 square feet to 4,000 square feet $75 U-3, over 4,000 square feet $100 Testing and inspection of standpipe system when Fire Department $300 Engine Company required B. Additional requirements. 6/27/12  (1) Included R-A uses shall only be inspected upon sale, change of tenant, or at the discretion of the Fire Official. (2) Uses not classified above will be classified as business uses. (3) Uses required to register with the state as life-hazard uses shall not be required to register under this section. (4) In the discretion of the Fire Official, vacant buildings will be charged and inspected according to the previous use of the building. C. The application fees for the permits listed in N.J.A.C. 5:70-2.7 shall be as provided by State regulation and are currently as follows: N.J.A.C. 5:70-2.9(c) (1) Type 1: $42. (2) Type 2: $166 (3) Type 3: $331 (4) Type 4: $497 § 88-6. Amendments, modifications and supplements to standards. The following amendments, modifications and supplements to the State Fire Prevention Code are hereby enacted: A. Insurance reports. All owners, lessees or tenants of any building or structure that has been involved in a fire or other damage, resulting in a call to the Fire Department, City of Hackensack, shall report to said Department the name and address of the insurance agent and the amount of insurance carried. This information shall be supplied to the Fire Department within five days of the date of the call for assistance to said Department. B. Reserved C. Cooking on balconies (Supplement to Code Section N.J.A.C. 5:70-3,308.3.1.1). The use of portable grills and open lighted fuel, such as propane, wood, paper, synthetic material, etc., on balconies or other portions of a building is prohibited. Specifically excluded from the operation of this section is the use of charcoal or electric grills. D. Fire lanes (Supplement to Code Section N.J.A.C. 5:70-3,503.1.1). Other than one- and two-family dwellings, where private property is developed with driveways or parking areas, the following provisions shall apply: (1) Minimum fire lane width shall be 20 feet. Said fire zone driveway shall be immediately adjacent to the structure where possible. (2) Said fire lanes shall be marked on the pavement and with signs as required by the Bureau of Fire Prevention and shall be kept open at all times. Parking of vehicles in such fire lanes is prohibited. Signs and markings shall be installed at the expense of the owner or lessee of the property. [Amended 8-15-1991 by Ord. No. 16-91] (3) In addition to any other sanctions, any unoccupied vehicle parked or standing in violation of the provisions hereof or of ordinances of the City of Hackensack and/or hindering fire-fighting operations shall be deemed a nuisance and a menace to the safe and proper fire-fighting operation, and the Fire Official may provide for the removal of such vehicle. If such vehicle is removed, the costs of such removal and storage shall be paid for by the owner of said vehicle before he may regain possession of the same. 6/27/12  (4) Parking is prohibited in front of any Fire Department Siamese connection and under any fire escape and any exit doors. E. Stair designation. All buildings having more than three floors, must provide green and red reflectors in all staircases. These reflectors must measure at least one inch in diameter with a machine-threaded stud attached. One red reflector is to be mounted on the stairwell side of the door frame on the hinge side at a height between 18 inches and two feet from the floor. This reflector will indicate that the stairwell is a dead end and does not have a door leading to the roof. It is to be mounted by drilling a hole and thread-tapping the same to enable the thread-stud attached to the reflector to be screwed into the hole. One green reflector is to be similarly installed in the same place and manner as the red reflector in those stairwells which lead to a rooftop door. § 88-7. Truss-type construction. The following provisions shall apply to buildings of truss-type construction: A. Purpose. The purpose of this section is to identify and to provide for the marking of buildings of truss-type construction (truss-roofs, floors and wooden manufactured beams, TJI's), in order to safeguard the occupants and emergency personnel in the event of a fire or other hazardous or emergency condition. B. Scope. The provisions of this section shall apply to the owner/occupant of any building or structure of truss- type construction as determined by the Fire Official. C. Definitions. As used in this section, the following terms shall have the meanings indicated: FIRE DEPARTMENT EMBLEM A triangular emblem, constructed of reflective aluminum or plastic and containing letters at least 3/4 inch in height. All such emblems are to be approved prior to mounting by the Fire Official as to size, shape, material, Fire Department logo, coloring, lettering and location. FIRE OFFICIAL The City of Hackensack Fire Official or his designated representative. OWNER/OCCUPANT Any person, individual, firm, partnership, corporation or other entity having a legal, equitable or leasehold interest in a building or structure. TRUSS-TYPE CONSTRUCTION A single plane of framework of individual structural members connected at their ends to form a series of triangles to span a distance greater than would be possible and bearing a greater load than would be possible with any of the individual members on their own, regardless of the materials used in their construction, referring but not limited to the following shapes and common names: king, post, English, K. truss, stadium, cantilever, bascule, joist, bar joist and others. "Truss-type construction" is further defined as "truss," "joist," "beams" and other manufactured wooden structural support members which have a fire rating that is 75% or less of corresponding solid wooden support members, including manufacturing joists and beams utilizing plywood or similarly manufactured laminated material held in a vertical plane (truss joists, I beams or comparable structural members). D. General regulations. (1) The provisions of this section shall be enforced by the Fire Official through the Bureau of Fire Prevention of the Hackensack Fire Department, which will be responsible for providing information and guidance to an owner/occupant on the purchase and installation of Fire Department emblems. (2) When the Fire Official shall inspect and identify a building as being of truss-type construction, he shall notify the owner/occupant of the building, in writing, of the requirements of this section in accordance with the Uniform Fire Code of the State of New Jersey. (3) Upon receipt of such notification, the owner/occupant shall be required to permanently affix to said building a Fire Department emblem. The emblem shall be affixed at a height from ground level of no less than eight feet and no more than 10 feet to the left of the main entrance doors on the outside of said building, or in such other location as shall be approved by the Fire Official. More than one location may be required on a particular building by the Fire Official. The cost and installation of said emblem shall be the sole responsibility of the owner/occupant of the building, and the installation shall be completed within 30 days of the receipt of the written notice provided for in Subsection D(2). 6/27/12  (4) The owner/occupant shall maintain the Fire Department emblem at the approved locations on the building in conjunction with any other required Fire Department systems, devices, units and service equipment. Missing or damaged Fire Department emblems must be promptly reported to the Fire Official and replaced by the owner/occupant within 14 days of receipt of written notice from the Fire Official that such replacement is required. E. Registration. Upon receipt of notice as set forth in § 88-7D(2) of this chapter, the owner/occupant shall register the location of his building at the City of Hackensack Bureau of Fire Prevention and shall receive approval prior to the purchase or installation of any Fire Department emblem. F. Penalties. Any person who shall violate any of the provisions of this section or who shall fail to comply with any of the requirements thereof shall be subject to the penalties set forth in § 1-15 of the Municipal Code. § 88-8. Alarm systems. A. It is the purpose of this section to prevent, eliminate or reduce the stress and/or wear on Hackensack Fire Department personnel and equipment responding to local nonincidental (malfunctions) fire and other emergency system alarms and to further safeguard the public both within and around the vicinity of the premises producing/emitting said alarm. B. The provisions of this section shall apply to alarm businesses and to any person who operates, maintains or owns any alarm device, dial alarm or local alarm designed to produce a visual or audible signal of an emergency or designed to summon the Fire Department to any location in response to any type of alarm signal. This shall include all building owners and associations. C. Definition. For purposes of this chapter, the term "local alarm" shall mean any alarm system which, when activated, produces a signal not connected to the alarm console of the fire switchboard activating bell devices, providing warning of fire, smoke, flood or other peril. The term "local alarm" shall include any alarm equipment designed to signal solely within the building or series of buildings on which it is located and which is not designed to emit signals visible or audible to persons outside such building or series of buildings. The term "local alarm" shall not include an alarm system on a motor vehicle, provided that such system is not interconnected with an alarm device, a dial alarm or a local alarm. D. Penalties for malfunctioning local alarms; exceptions. Those persons having local alarms shall be required to leave with the Fire Department the name of a person who can be reached in case of malfunction of the equipment in order that the device can be reset or temporarily disconnected; and, in lieu thereof, this requirement can be fulfilled by leaving a sealed key in a special safety alarm key box on the premises, provided that, in so doing, the owner is willing to release the City of Hackensack Fire Department from any and all claims to damages or loss in connection with entry. In the event that there is a malfunction of the equipment and no person can be located to secure the device or no special safety alarm key box has been created, the owner shall be subject to penalty of up to $25 to the first such occurrence and up to $100 for each and every subsequent occurrence. § 88-9. Hazardous materials. In addition to and not in lieu of any state or federal law or regulation, all new and existing building owners and/or occupants in the City of Hackensack who store, use, sell, handle or manufacture any hazardous materials, gases or liquids of a flammable, combustible, caustic or dangerous nature must comply with the following requirements before issuance or renewal of a permit required by this code: A. Post signs in every work area, indicating what type of hazardous material is being used there. B. Submit a material safety data sheet on each listed substance to the Fire Prevention Bureau. C. Properly label all containers of hazardous materials with proper National Fire Protection Association Standards 704 Designation. D. The name of the chemical or code number that relates to the material safety data sheet must be placed on the container of the substance. E. Post a list of hazardous materials inside all entrances to the building where substances are stored, manufactured, handled or used, indicating; 6/27/12  (1) Hazardous effects. (2) Proper extinguishing methods. (3) Cautions. (4) Treatment of possible injuries from hazardous substances. (5) All types of safety methods to employ with the substances. § 88-10. Appeals. Pursuant to N.J.S.A. 52:27D-206, any person aggrieved by any action of the local enforcing agency shall have the right to appeal to the County of Bergen Construction Board of Appeals. § 88-11. Enforcement; violations and penalties. Enforcement, violations and penalties shall be in conformity with the Uniform Fire Safety Act and the NJ Uniform Fire Code. In any instance where a violation of this chapter has occurred and the penalty for the same is not set forth in the Uniform Fire Safety Act or in the NJ Uniform Fire Code and no specific penalty provision is set forth in this chapter, then the general penalty provisions contained in § 1-15 of the Code of the City of Hackensack, New Jersey, shall apply. NO. 235-12 OFFERED BY: SASSO SECONDED BY: MELFI ________________________________________________________________ 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 $2,609,905.54 Escrow 4,928.03 Grants 2,556.00 Payroll 138,360.16 Self Insurance 226,622.87 Public Parking System 17,920.13 Capital 74,415.51 Trust Account 190,380.19 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. 236-12 OFFERED BY: MELFI 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 6/27/12 and the general public did occur when Sanitary Sewer System Repairs were needed on 65 Commerce Way and 72 Lodi, Street; and WHEREAS, the Public Works Director 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 $17,606.54, which was a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in Current account 2-01-26-311-311-204. 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 contacts without benefit of public bidding in emergency situations and the vendor Montana Construction 80 Contant Avenue, Lodi, New Jersey 07644, and be paid therefore. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 237-12 OFFERED BY: MELFI 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: 2010 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: 2010 Safe and Secure Communities Other Expenses 6/27/12  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. 238-12 OFFERED BY: MELFI SECONDED BY: TOWNES ______________________________________________________________________ WHEREAS, a Workers’ Compensation claim was brought by a City employee, File No. HCK 4170, who was injured while in the employ of the City of Hackensack; and WHEREAS, this employee sustained an injury as a result of a job-related activity; and WHEREAS, a Claim Petition was filed on behalf of the City employee; and WHEREAS, the City has received a recommendation from Bergen Risk Managers, Inc. to settle this matter for a total amount of $49,485.60; and WHEREAS, it is in the best interests of the residents of the City of Hackensack to amicably resolve this matter. NOW, THEREFORE, BE IT RESOLVED that the Workers’ Compensation matter, HCK 4170, be and the same is hereby approved for settlement in accordance with the recommendation of Bergen Risk Managers, Inc. Roll Call: Ayes – Labrosse, Townes, Sasso, Melfi, Meneses NO. 239-12 OFFERED BY: MELFI 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 $446.33 135.02 9 Ramon Vasquez 2011 Over Pymt 372 Parker Ave. Hackensack, NJ 07601 $1,488.00 139 59 Amanda Selene Vega 2011 Over Pymt 443 Parker Ave. Hackensack, NJ 07601 $2,105.00 138 65 Core Logic for David Mendez 2011 Over Pymt Attn: Refunds Dept. Mail Code DFW 1-3 1 Corelogic Dr. West Lake, TX 76262 $1,522.00 138 31 Wells Fargo Real Estate Tax Svc. 2011 Over Pymt For Martha Samaniego 1 Home Campus MAC X2302-04D 6/27/12  Des Moines, IA 50328 $2,118.00 218 27CO405 Corelogic for Holmes&Desriviers 2011 Over Pymt Attn: Refund DFW 1-3 1 Corelogic Dr. West Lake, TX 76262 AMOUNT BLOCK LOT NAME YEAR REASON $747.03 593 3 Celso&Kimberly King 2011 Over Pymt 152 Cedar Ave. Hackensack, NJ 07601 $1,880.92 237 2.B C011B Seterus C/O Lereta LLC 2011 Over Pymt For Anthony Priore 1123 South Parkview Dr. Covina, CA 91724 Attn: Central Refunds $1,206.15 70 22 Kypros Xenophontos 2011 Over Pymt 73 Campbell Ave. Hackensack, NJ 07601 Roll Call – Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 240-12 OFFERED BY: MELFI 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: 0223-31-071-001 Hackensack Yacht Club, Inc. $180.00 50 Shafer Place 0223-33-053-011 McCormick & Schmick’s $1500.00 175 Riverside Square 0223-33-031-004 Miss Lenora’s LLC $1500.00 129 Johnson Avenue 0223-33-003-009 Donn Pomodoro II, Inc. $1500.00 70 Hackensack Avenue Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 241-12 OFFERED BY: MELFI SECONDED BY: TOWNES ________________________________________________________________ WHEREAS, pursuant to an advertisement on May 31 st, 2012, proposals were received on June 15th, 2012 for Shade Tree Supply and Plant 20 trees on the city streets of the City of Hackensack; and 6/27/12  WHEREAS, Nine bids were received from P. Scanlon, Landscaping, Inc., D’Onofrio & Son, Inc., L. Barbato Landscape Inc., TC Landscape Construction, Greenland Associates, Ascape Landscape & Construction, Andy Matt Inc., Scott Landscape Design, Inc., and Ed Clark Landscaping Architect; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hackensack that the contract for Shade Tree Supply and Plant 20 trees be awarded to P. Scanlon Landscaping, Inc., P.O. Box 1136, New City, New York, 10956 at the contract price of $6,073.00; and BE IT FURTHER RESOLVED, that the Chief Financial Officer has certified that funds will be available in current account 2-01-26-313-313-265 in the amount of $3,089.50 and trust account T-03-56-850-810-801 in the amount of $2,983.50. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 242-12 OFFERED BY: MELFI SECONDED BY: TOWNES ________________________________________________________________ BE IT FURTHER RESOLVED, by the City Council of the City of Hackensack that the proper officers be and are hereby authorized to make the following refund for the reason stated: $25.00 Payment collected at the Hackensack Health Department in error for two birth certificates, our receipt number 058941 on May 30, 2012. Refund to: SukHa Yoon 475 Washington Blvd. Apt. 3707N Jersey City, New Jersey, 07310 Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 243-12 OFFERED BY: MELFI SECONDED BY: TOWNES ________________________________________________________________ WHEREAS, pursuant to N.J.S.A. 19:44A-20.5 and P.L. 1995,c.9, P.L. 2000, c.126, P.L. 1983, c208, and N.J.S. 40A:4-39, Section 6 of P.L. 1995, C.9 (C.2B:19-6), Section 37 of P.L. 2000, c.126 (C.40:23-6.53), Section 1 of P.L. 1983, c.208 (C.40:48- 5a) and amended N.J.S. 40A:4-39, an advertisement was placed in the Record, and bids were received on March 29 th, 2012 for Private Collection of Municipal Court Debt for the City of Hackensack; and WHEREAS, six bids were received from Penn Credit Corp, MVP, MSB Government Services/Bruce Cummings, Duncan Solutions, Capital Recovery and Alliance One. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hackensack that the contract for Private Collection of Municipal Court Debt be awarded to Penn Credit Corp., 916 So. 14th Street, Harrisburg, Pennsylvania, 17104; and BE IT FURTHER RESOLVED, that the contingency rate is 19% of the debt to be paid by the debtor, according to New Jersey State Law L.2009, c233. There is no cost 6/27/12 to Municipality, unless the Municipality chooses to accept a payment (without the fees) as payment in full. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 244-12 OFFERED BY: MELFI SECONDED BY: TOWNES ________________________________________________________________ WHEREAS, pursuant to an advertisement in the Record, bids were received on February 2nd, 2012, for Municipal Court Accounting Services 2012; and WHEREAS, three bids were received from Garbarini & Company, P.C., TCBA Watson, Rice LLP and Louis C. Mai & Associates. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council, that the bid for Municipal Court Accounting Services 2012, be awarded to Garbarini & Company, P.C., Division Avenue and Route 17 South, P. O. Box 362, Carlstadt, New Jersey, 07072 for the amount of $5,500.00; and BE IT FURTHER RESOLVED, that the Chief Financial Officer has certified that funds will be available in current account 2-01-43-490-490-204. Roll Call: Ayes – Labrosse, Townes, Sasso, Melfi, Meneses NO. 245-12 OFFERED BY: MELFI SECONDED BY: TOWNES ________________________________________________________________ WHEREAS, N.J.S.A. 26:2D-84 requires local health departments in municipalities in which tanning facilities are located to certify that these facilities are in compliance with the safety standards established pursuant to section 3 of N.J.S.A. 26:2D-81 et sequence and are required to periodically inspect the facilities to ensure continued compliance with the standards; and WHEREAS, the City of Hackensack’s Department of Health has established and maintains a public health sanitation and safety program which ensures the registration and inspection of tanning facilities in Hackensack; and WHEREAS, the New Jersey State Department of Health and Senior Services is making financial assistance available for local health departments to implement tanning facility registration and inspection programs and Hackensack qualifies for said assistance. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Hackensack that Health Officer, John G. Christ is hereby authorized to make application to the New Jersey State Department of Health and Senior Services for participation in the Public Health Sanitation and Safety Tanning Facility Registration and Inspection Grant Program for the period July 1, 2012 through June 30, 2013. 6/27/12  Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses A motion was made by Deputy Mayor Melfi and seconded by Councilwoman Sasso to open the meeting to the public. Jerry Some said that he would not be repetitious about all of the things that were said, however he disagreed with what Steve said about being too old to see the completion of the rehabilitation project and that he hoped that the good Lord would keep us around to see the shovel in the ground. He also said that he started his business in Paramus in the 1960’s and that the revitalization of Hackensack will happen just like Paramus. Mr. Some commended everyone and especially Mr. Labrosse as the entire Council was unified on this and they will need unity in going forward. Mark Stein spoke about the history of Hackensack and said that he had grown up on River Street some sixty five years ago and that he would walk to Main Street with his parents when Hackensack was really abuzz. He also said that many of his family members had owned businesses on Main Street. Mr. Stein further said that the rehabilitation plan was putting the slogan of “Hackensack, A City in Motion”, back in action. He also said that he has read the document and that he is excited to see what will be accomplished in the next few years. As no one else wished to be heard, a motion was made by Deputy Mayor Melfi and seconded by Councilwoman Sasso to close the public portion of the meeting. Deputy Mayor Melfi said that he had attended the High School graduation and commended Mr. Hoffman for being chosen valedictorian. He also commended all graduates for their hard work and said that the City has a very good school system. Councilwoman Sasso thanked Mayor Meneses for the past year and said that she knows how hard it is to sit in that chair. Councilman Labrosse said that he also went to the graduation and that the weather was great. He also announced that on Sunday night, July 1 st, at 6:00 p.m. a memorial service will be held at the Fireman’s Memorial in the park in tribute to the five firefighters that the City lost. Councilman Townes spoke about a fundraising event for a girl on the softball team who is not well and said that within two and a half weeks of the announcement of her illness the outpouring was uplifting. He also said it is what Hackensack is about. The Councilman also spoke about the UNICO scholarship and said that there had been a room full of students who were all getting to meet each other at the dinner and that people are reaching out and working together. He further said that he is proud that we have those kind of people here in the City. Councilwoman Sasso said that while she had been unable to attend the Top 20 dinner and scholarship night this year that she always has in the past and that we have a great school system and that we have all had kids that went through the school system. Councilwoman Sasso also announced that Michael Adams from Fairleigh Dickinson University had died and she said that he did for FDU what we hope to do here in the City. Mayor Meneses announced that this is his last Council meeting as Mayor and that Deputy Mayor Michael Melfi will be taking over on July 2, 2012. He thanked everyone for their service and support and said that it had been a somewhat tumultuous 6/27/12 year but that through teamwork we are moving forward. The Mayor also thanked the Lenox firm who is doing PR work for the rehabilitation plan and said that they made him look good. A motion was made by Deputy Mayor Melfi and seconded by Councilwoman Sasso to adjourn the meeting at 9:20 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 6/27/12