City Council

The Regular Meeting of the City Council of the City of Hackensack was held at City Hall, 65 Central Avenue, Hackensack, New Jersey, on Tuesday, September 4, 2012, at 7:00 p.m. Mayor Melfi 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 Michael R. Melfi, Deputy Mayor Marlin G. Townes, Councilwoman Karen K. Sasso , Councilman John P. Labrosse, Councilman Jorge E. Meneses, City Attorney Joseph C. Zisa and City Manager Stephen Lo Iacono. A motion was made by Councilwoman Sasso and seconded by Deputy Mayor Townes to approve the minutes of the July 16, 2012 and July 17, 2012 meetings. A motion was made by Councilman Labrosse and seconded by Deputy Mayor Townes to approve the minutes of the August 7, 2012 meeting. Councilwoman Sasso abstained. The City Manager advised that he had no report this evening. Mayor Melfi then suspended the regular order of business so that a presentation could be made to Christian Martinez, who is a security guard at Riverside Square and who identified a shoplifter that was wanted for multiple incidents totaling over $10,000 as well as an active warrant out of the state of Illinois and numerous other shoplifting incidents in other area malls. At this time, a presentation was also made to Daime Smith, a nine year old boy who was home with his grandmother when she became ill and he called 911 immediately for help and saved her life. Presentations were also made to John Goez and Jay Orsino who had saved a woman from her car which had plunged into the Hackensack river. NO. 312-12 OFFERED BY: SASSO SECONDED BY: LABROSSE FINAL ADOPTION OF ORDINANCE NO. 20-2012, AN ORDINANCE AUTHORIZING THE DONATION OF ABANDONED OR UNCLAIMED BICYCLES This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?” Motion offered by Councilman Meneses and seconded by Councilwoman Sasso that there be a public hearing. PUBLIC HEARING Motion offered by Councilman Meneses 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. 20-2012 has passed its second and final reading and is hereby adopted. Roll Call: Ayes – Labrosse, Townes, Sasso, Meneses, Melfi 9/4/12  ORDINANCE 20-2012 AN ORDINANCE TO AUTHORIZE THE DONATION OF ABANDONED OR UNCLAIMED BICYCLES WHEREAS, the City of Hackensack Police Department periodically comes into possession of abandoned or otherwise unclaimed bicycles; and WHEREAS, if no one comes forward within ninety (90) days to claim these bicycles they are deemed by law to be “abandoned” and must be disposed of by the City; and WHEREAS, the cost to auction the abandoned bicycles would exceed the amount received at auction; and WHEREAS, the Mayor and Council find that it is in the public interest to donate the abandoned bicycles held by the Hackensack Police Department to Peoples Bicycle, 8 S. Chestnut Street, Beacon, NY, 12508, who repairs the bicycles and donates said bicycles to those in need. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the Police Department is hereby authorized to effectuate the donation of any abandoned or unclaimed bicycles which lawfully come into the possession of the City of Hackensack. CARRIED NO. 313-12 OFFERED BY: SECONDED BY: FINAL ADOPTION OF ORDINANCE NO. 21-2012, AN ORDINANCE AMENDING CITY ORDINANCE 2-82 CHAPTER 155-9, SCHEDULE 1, “FEES; EXPIRATION” TO REQUIRE THAT 60% OF TAXI OWNER’S LICENSES HELD BY ONE PERSON BE ACTIVE FOR A MINIMUM OF SIXTH MONTHS OR THE LICENSES WILL NOT BE ELIGIBLE FOR RENEWAL AND WILL THUS EXPIRE 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 Meneses that there be a public hearing. PUBLIC HEARING Motion offered by Councilwoman Sasso and seconded by Councilman Meneses 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. 21-2012 has passed its second and final reading and is hereby adopted. Roll Call: Ayes – A motion was made by Councilwoman Sasso and seconded by Councilman Meneses to carry this resolution to September 24, 2012. 9/4/12  ORDINANCE 21-2012 AN ORDINANCE AMENDING CITY ORDINANCE 2-82 CHAPTER 155-9, SCHEDULE 1, “FEES; EXPIRATION” TO REQUIRE THAT 60% OF TAXI OWNER’S LICENSES HELD BY ONE PERSON BE ACTIVE FOR A MINIMUM OF SIX MONTHS OR THE LICENSES WILL NOT BE ELIGIBLE FOR RENEWAL AND THUS WILL EXPIRE. 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 155-9 “Fees; expiration” is amended as follows: A. Fees. The annual fees for licenses issued pursuant to this chapter shall be as provided in Chapter 107, Licenses and Permits. B. Duration. All licenses issued under this chapter shall expire on July 1 of each year. C. Usage. At least 60% of taxi licenses held by the same person must be active for a minimum of six months or the unused portion of the taxi licenses will not be eligible for renewal and will thus expire. Section II It is the express intent of this Ordinance to require that 60% of taxi owner’s licenses held by one person be active for a minimum of six months or the licenses will not be eligible for renewal and thus will expire. Furthermore, this amendment is to be effective as to all previously issued taxi licenses issued in the City of Hackensack. 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. CARRIED NO. 314-12 OFFERED BY: SECONDED BY: FINAL ADOPTION OF ORDINANCE NO. 22-2012, AN ORDINANCE AMENDING CITY ORDINANCE 2-82 CHAPTER 155-8, SCHEDULE 1, “REQUIREMENTS FOR ISSUANCE” TO REQUIRE THAT ONE PERSON IS ELIGIBLE TO HOLD A MAXIMUM OF TWENTY-FIVE TAXI OWNER’S LICENSES AT ONE TIME 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 Meneses that there be a public hearing. PUBLIC HEARING Motion offered by Councilwoman Sasso and seconded by Councilman Meneses 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. 22-2012 has passed its second and final reading and is hereby adopted. 9/4/12  Roll Call: Ayes – ORDINANCE 22-2012 AN ORDINANCE AMENDING CITY ORDINANCE 2-82 CHAPTER 155-8, SCHEDULE 1, “REQUIREMENTS FOR ISSUANCE” TO REQUIRE THAT ONE PERSON IS ELIGIBLE TO HOLD A MAXIMUM OF TWENTY-FIVE TAXI OWNER’S LICENSES AT ONE TIME. 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 155-8 “Requirements for issuance” is amended as follows: A. Taxi owner’s license. a. Taxi owners’ licenses shall be issued upon the payment of the appropriate fee. b. No taxi owner’s license shall be issued until the vehicle proposed to be licensed shall have been inspected and approved in writing by the Chief of Police. c. No taxi owner’s license shall be issued for any vehicle with less than three doors, at least two of which doors shall be for the exclusive use of passengers. d. The correct name, business address and taxi license number issued by the Chief of Police shall be displayed on both sides of the taxicab in letters no smaller than three inches nor more than six inches in height. B. Taxi driver’s license a. Taxi drivers’ licenses shall be issued upon the payment of the appropriate fee. b. (2) i. Be at least 18 years of age. ii. Be of sounds physique with good eyesight and not subject to epilepsy, vertigo, heart trouble or any other infirmity of the body or mind which might render him unfit for the operation of a taxicab. iii. Be able to read and write the English language. iv. Furnish satisfactory evidence that he has been the holder for at least one year immediately prior to the date of application of a valid New Jersey automobile driver’s license. v. Be clean in dress and person and not addicted to the use of intoxicating liquors or drugs. vi. Be of good character. vii. Be a citizen of the United States. viii. Have been a resident of the State of New Jersey for at least one year. ix. Affirm that he or she has never been convicted in any state of a high misdemeanor or a violation of this chapter or any prior ordinance of the city relating to taxicabs. C. Limit on the number of taxi licenses held by one person. No one person shall be authorized to hold more than twenty-five (25) taxi licenses at one time. Section II It is the express intent of this Ordinance to require that no more than twenty-five taxi licenses be held by one person at one time. Furthermore, this amendment is to be effective as to all previously issued taxi licenses issued in the City of Hackensack. 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. 9/4/12 CARRIED NO.315-12 OFFERED BY: SECONDED BY: FINAL ADOPTION OF ORDINANCE NO. 23-2012, AN ORDINANCE AMENDING CITY ORDINANCE 2-82 CHAPTER 155-3, SCHEDULE A, “LICENSES REQUIRED” TO INCREASE THE NUMBER OF TAXI OWNER’S LICENSES THAT MAY BE ISSUED AT ANY TIME FROM 25 TO 50 AND TO AUTHORIZE THE CITY TO HOLD A PUBLIC AUCTION TO ISSUE TAXI OWNER’S LICENSES 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 Meneses that there be a public hearing. PUBLIC HEARING – Regina DiPasqua, Parker Avenue, said that this matter has been discussed by the Council for months, yet now the Police Department has a concern. Mayor Melfi said that he was not sure whether or not Chief Padilla had been told about this. Motion offered by Councilwoman Sasso and seconded by Councilman Meneses 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. 23-2012 has passed its second and final reading and is hereby adopted. Roll Call: Ayes – ORDINANCE 23-2012 AN ORDINANCE AMENDING CITY ORDINANCE 2-82 CHAPTER 155-3, SCHEDULE A, “LICENSES REQUIRED” TO INCREASE THE NUMBER OF TAXI OWNER’S LICENSES THAT MAY BE ISSUED AT ANY TIME FROM 25 TO 50 AND TO AUTHORIZE THE CITY TO HOLD A PUBLIC AUCTION TO ISSUE TAXI OWNER’S LICENSES. 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 155-3 “Licenses required” is amended as follows: A. Taxi owner’s license. a. No person shall transport any passenger for hire in any public taxicab, cab, hack, automobile, or other motor vehicle unless said vehicle is licensed in accordance with the provisions of this chapter and Chapter 107, Licenses and Permits. The license required by this subsection shall be known as a “taxi owner’s license.” b. The total number of taxi owner’s licenses that may be issued and outstanding at any time pursuant to and in conformity with this chapter is hereby fixed at 50. Unless and until the number of existing taxi owner’s licenses is reduced to less than 50, no new taxi owner’s licenses shall be issued. c. Method for issuing new taxi licenses. Newly created and newly available taxi licenses shall be issued pursuant to the authority granted to the municipality under N.J.S.A. 48:16-2.1 and N.J.S.A. 48:16-2.3. When the municipality determines by ordinance the number of taxi 9/4/12  licenses available for issuance, it shall follow the procedures specified herein: i. Notice. 1. Publish a notice, in a newspaper circulating generally within the municipality, stating the number of new or additional licenses to be authorized and the application period for the new or additional licenses. 2. The notice shall specify a time and date after which no further applications will be accepted. 3. The notice shall be published at least 30 days prior to the time and date specified in the notice as the time and date when no further applications will be accepted. ii. Procedure. 1. Public auction. Whenever the municipality determines by ordinance to issue one or more taxi licenses, it may authorize such license(s) to be issued to the highest qualified bidder at a sale by public auction which is conducted by or supervised by the municipal clerk. a. Minimum bid. The minimum bid for a taxi owner’s license shall be $100.00. b. The municipality reserves the right to reject all bids where the highest bid is not accepted. 2. Reimbursement for public notice. The recipient(s) of a taxi license issued pursuant to this section shall reimburse the municipality for any costs incurred by the municipality in complying with the public notice requirements established pursuant to section (A)(3)(i). The cost of the public notice shall be set at $25.00 per taxi license issued. B. Taxi driver’s license. No person shall transport any passenger for hire in any taxicab, cab, hack, automobile or other motor vehicle or drive or operate any such vehicle designed for the transportation of passengers for hire unless such person shall have secured a license for said purpose pursuant to the provisions of this chapter and of Chapter 107, Licenses and Permits. The license required by this subsection shall be known as a “taxi driver’s license.” Section II It is the express intent of this Ordinance to increase the number of taxi owner’s licenses that may be issued at any time from 25 to 50 and to authorize the city to hold a public auction to issue taxi owner’s licenses. Furthermore, this amendment is to be effective as to all previously issued taxi licenses issued in the City of Hackensack. 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. 316-12 OFFERED BY: LABROSSE SECONDED BY: TOWNES ________________________________________________________________ BE IT RESOLVED by the City Council of the City of Hackensack that the bills in the following accounts be and are hereby ordered paid: Current Fund $9,933,390.68 Escrow 22,623.76 Grants 22,949.48 Pay Roll 149,901.47 Public Parking System 7,124.40 Capital 105,043.04 Trust Account 135,297.61 9/4/12  * Capital – April 18, 2012 Meeting 45,078.92 Roll Call – Ayes: Labrosse, Townes, Sasso, Meneses, Melfi 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. 317-12 OFFERED BY: SASSO SECONDED BY: LABROSSE ________________________________________________________________ WHEREAS, Bella Baker, is the taxpayer of certain real property known as Block 87, Lot 6 designated as 30 Jersey Place; and WHEREAS, the taxpayer filed appeals to her 2007, 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 is $2,493,200 for all years under appeal; 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 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 “Bella Baker v. City of Hackensack,” Docket Nos: 003433-2007, 002225-2008; 0001452-2009; 003215-2010 and 001912-2011 presently pending in the Tax Court of New Jersey, so that the assessments be set as follows: ASSESSMENT – YEAR $2,493,200 2007 $2,200,000 2008 $2,200,000 2009 $2,100,000 2010 $2,000,000 2011; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a waiver of any interest payable on the refund 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, Meneses, Melfi NO. 318-12 9/4/12 OFFERED BY: SASSO SECONDED BY: LABROSSE ________________________________________________________________ WHEREAS, Siervo Enterprises, LLC is the taxpayer of certain real property known as Block 84, Lot 6 designated as 96 Green Street; and WHEREAS, the taxpayers filed appeals to its 2007, 2008, 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 $813,200; 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 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 “Siervo Enterprises, LLC v. City of Hackensack,” Docket Nos: 003431-2007, 002020-2008; 000495-2009; 018917-2010 and 017646-2011 presently pending in the Tax Court of New Jersey, so that the assessments be set as follows: ASSESSMENT – YEAR $813,200 2007 $713,200 2008 $613,200 2009 $613,200 2010 $613,200 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 the Judgment. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 319-12 OFFERED BY: SASSO SECONDED BY: LABROSSE ________________________________________________________________ WHEREAS, L.A., LLC is the taxpayer of certain real properties known as Block 110, Lot 3 designated as 272 So. Summit Avenue and Block 110, Lot 18, designated as 260 So. Summit Avenue; and WHEREAS, the taxpayer filed appeals to its 2007, 2008, 2009, 2010, and 2011 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment was $778,700 for Block 110, Lot 3 and $1,112,000 for Block 110, Lot 18: 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 this matter should be settled; and 9/4/12  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. 54:51 A-8), which may be necessary to effectuate the settlement of litigation entitled “L.A., LLC v City of Hackensack”, Docket Nos: 004319-2007, 003210-2008, 001644- 2009, 000633-2010 and 002415-2011 presently pending in the Tax Court of New Jersey, so that the assessments be set as follows: For Block 110, Lot 3: ASSESSMENT – YEAR $778,700 2007 $694,500 2008 $664,500 2009 $638,700 2010 $662,400 2011 For Block 110, Lot 18: ASSESSMENT – YEAR $1,112,000 2007 $1,055,500 2008 $1,035,500 2009 $1,011,300 2010 $ 937,600 2012 ; 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 the Judgment. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 320-12 OFFERED BY: SASSO SECONDED BY: LABROSSE ________________________________________________________________ WHEREAS, Cypress Holding Company, is the taxpayer of certain real properties known as Block 107, Lot 26 designated as 311 Vincent Avenue, Block 110, Lot 22 designated as Vincent Avenue, Block 110 Lot 25 designated as Vincent Avenue , Block 113.05, Lot 1 designated as Vincent Avenue; and WHEREAS, the taxpayer filed appeals to its 2007, 2008, 2009, 2010 and 2011 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessments were: As to Block 107, Lot 26: $1,981,900 for 2007 through 2011; As to Block 110, Lot 22: $385,300 for 2007 through 2010 and $271,600 for 2011 As to Block 110, Lot 25: $256,900 for 2007 through 2010 and $181,100 for 2011; As to Block 113.05, Lot1:$244,000 for 2007 through 2010 and $171,900 for 2011; As to Block 113.05, Lot 3:$256,900 for 2007 through 2010 and $181,100 for 2011; and 9/4/12  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 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 “Cypress Holding Company v. City of Hackensack”, Docket Nos: 004321-2007; 003390- 2008; 000932-2009; 007871-2010 and 010351-2011 presently pending in the Tax Court of New Jersey, so that the assessments be set as follows: For Block 107, Lot 26: ASSESSMENT – YEAR $1,981,900 2007 $1,768,900 2008 $1,716,900 2009 and 2010 $1,956,900 2011 For Block 110, Lot 22: ASSESSMENT – YEAR $385,300 2007 $357,000 2008 $344,000 2009 and 2010 $251,600 2011 For Block 110, Lot 25: ASSESSMENT – YEAR $256,900 2007 $231,600 2008 $219,600 2009 and 2010 $166,100 2011 For Block 113.05, Lot 1: ASSESSMENT – YEAR $244,000 2007 $215,000 2008 $204,000 2009 and 2010 $158,900 2011 For Block 113.05, Lot 3: ASSESSMENT – YEAR $256,900 2007 $227,500 2008 $215,500 2009 and 2010 $166,500 2011 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 subject to the agreement between the parties that refund is paid within 60 days after receipt by the City of the Tax Court Judgment. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses, Melfi PULLED NO. 321-12 OFFERED BY: SECONDED BY: ________________________________________________________________ 9/4/12  WHEREAS, Gunter Metsch and Joachim Taube are the owners and taxpayers of certain real property designated as Block 230, Lots 3.03, known as 200 Atlantic Street; and WHEREAS, the taxpayers filed appeals to their 2007, 2008, 2009 and 2010 real property tax assessment which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment was $1,369,800; 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 Hackesack. 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 “Gunther Metsch & Joachim Taube v. City of Hackensack”, Docket Nos: 004575- 2007, 003355-2008, 001204-2009 and 002670-2010, presently pending in the Tax Court of New Jersey, so that the assessment be set as follow: ASSESSMENT – YEAR $1,070,000 2007 $1,070,000 2008 $1,070,000 2009 $1,070,000 2010 ; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a waiver of any interest payable to the taxpayer on the refund pursuant to N.J.S.A. 54:3- 27.2 provided the refund is paid within 60 days after entry of the Judgment by the Tax Court. Roll Call - Ayes: PULLED NO. 322-12 OFFERED BY: SECONDED BY: ________________________________________________________________ WHEREAS, Samuel and Barbara Toscano were the owners and taxpayers for 2007 of certain real property designated as Block 604, Lots 10.01 and 14.03, known as 609 Summit Avenue; and WHEREAS, Jialin Chen is the owner and taxpayer for 2008 of certain real property designated as Block 604, Lots 10.01 and 14.03, known as 609 Summit Avenue; and WHEREAS, each taxpayer filed an appeal to their individual 2007 and 2008 real property tax assessment which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment was $2,247,300 for Block 604, Lot 10.01 and $571,200 for Block 604, Lot 14.03; and 9/4/12  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 which may be necessary to effectuate the settlement of litigation, including requests for application of the Freeze Act (N.J.S.A. 54:51 A-8), entitled “Toscano, Samuel and Barbara v. City of Hackensack”, Docket Nos: 008361-2007 and 010990-2008 and “Jialin Chen v. City of Hackensack, Docket No: 010990-2008, presently pending in the Tax Court of New Jersey, so that the assessment, for 2007 and 2008, for Block 604, Lot 10.01 be reduced to $1,560,000 and the assessments for Block 604, Lot 10.01 be reduced to $440,000 for each year under appeal; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a full waiver of any interest payable to the taxpayer on the refund. Roll Call - Ayes: NO. 323-12 OFFERED BY: SASSO SECONDED BY: LABROSSE ______________________________________________________________________ WHEREAS, the Hackensack Municipal Alliance to Prevent Alcohol and Drug Abuse (H.A.P.A.D.A.) has proposed a grant in the amount of $15,279.00 for prospective 2013 funding under the New Jersey Governor’s Council on Alcohol and Drug Abuse (G.C.A.D.A.); and WHEREAS, funding will implement seven (7) programs: Logan Center (former Keeling-Manning) After-School Homework Program, Martin Luther King Jr. Senior Center After-School Homework Program, H.H.S.ATOD Prevention/Education Program, M.S. ATOD Prevention/Education Program, M.S. At-Risk Karate Lessons, Latino Neighborhood Initiatives and Tobacco Age of Sale Enforcement (T.A.S.E.) Merchant Inspections; and WHEREAS, the City of Hackensack agrees to develop a comprehensive plan to provide matching funds equivalent to $3,819.00 in cash and $11,459.00 in-kind expenses in addition to the D.E.D.R. Grant award of $15,279.00 designated by the New Jersey Governor’s Council on Alcoholism and Drug Abuse; and WHEREAS, the City of Hackensack will act as the financial agent for the Hackensack Municipal Alliance. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hackensack that the Mayor, Michael R. Melfi be authorized to sign the grant application jointly with the Chairperson of the Hackensack Municipal Drug Alliance to meet the August 31, 2012 grant deadline; and BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the County Alliance Coordinator at the Bergen County Health Department, Office of Alcohol and Drug Dependency. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 324-12 9/4/12 OFFERED BY: SASSO SECONDED BY: LABROSSE ____________________________________________________________________________________ BE IT RESOLVED, by the City Council of the City of Hackensack that the proper officers be and are hereby authorized to make the following refunds for the reasons stated: AMOUNT BLOCK LOT NAME YEAR REASON $2,891.98 58 19.02 Michael I. Schneck Trustee 2011 SBJ For Siegordner, Walter 301 South Livingston Ave. Suite 105 Livingston, NJ 07039 Roll Call – Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 325-12 OFFERED BY: SASSO SECONDED BY: LABROSSE ________________________________________________________________ BE IT RESOLVED by the City Council of the City of Hackensack that the proper officers be and are hereby authorized to make the following refund for the reason stated: $500.00 is a refund for Hackensack Adult Softball registration fee. Refund to: Oak Street Tavern, LLC 24-26 W. Pleasant Avenue Maywood, N.J. 07607 Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 326-12 OFFERED BY: SASSO SECONDED BY: LABROSSE ________________________________________________________________ WHEREAS, ESI Equipment, Inc., 119 Keystone Drive, Montgomery, PA, 18936 has been awarded the New Jersey State Contract No. A75944: and WHEREAS, the City of Hackensack wishes to purchase Holmatro CORE Rescue System Equipment for Fire Headquarters pursuant to the Local Public Contract Laws (N.J.S.A. 40A: 11-12); and WHEREAS, the Fire Chief recommends and the Director of Purchasing agrees that the utilization of the contract represents the best price available and is in the best interest of the City of Hackensack. WHEREAS, that the Mayor and Council of the City of Hackensack authorizes the purchase of Holmatro CORE Rescue System Equipment for Fire Headquarters from ESI Equipment, Inc., 119 Keystone Drive, Montgomery, PA, 18936; and NOW, THEREFORE, BE IT RESOLVED, that the Chief Financial Officer has certified that the funds will be available in current account 2-01-25-265-265-262 for the contract price of $8,642.00. 9/4/12  Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 327-12 OFFERED BY: SASSO SECONDED BY: LABROSSE ____________________________________________________________________ WHEREAS, the Governing Body of the City of Hackensack finds and declares that N.J.S.A. 40:48-2.14 states in all cases where brush, weeds, including ragweed, dead and dying trees, stumps roots, obnoxious growth, filth, garbage, trash and debris are destroyed or removed from any dwelling or lands under any ordinance adopted pursuant to section 1 of P.L. 1943, c.71 (C.40:48-2.13) or section 1 of P.L. 1994, c.167 (C.40:48-2.13a); and WHEREAS, N.J.S.A. 40:48-2:27 states in all cases where brush, hedges and other plant life are cut from any lands within the limitations of section one hereof under any such ordinance, by or under the direction of an officer of the municipality; and WHEREAS, N.J.S.A. 40:65-12 states the governing body may make, amend, repeal, and enforce ordinances to compel the owner or tenant of any lands abutting upon the public highways of the municipality, to remove all snow and ice form the abutting sidewalks and gutters of such highways within twelve hours of daylight after the same shall fall or be formed thereon, and all grass, weeds and impediments therefrom within three days after notice to remove the same, and remove all grass, weeds and impediments from the portion of any street, or highway abutting on such lands, and to provide for imposition of penalties for violation of any impediments by the municipality where the owner or tenant of any such real estate shall fail to remove the same as provided in the ordinance. The cost of removal of any such snow, ice, grass, weeds or impediments from any sidewalk, gutter or public highway by the municipality shall be certified to the governing body of the municipality by the officer in charge thereof; and WHEREAS, by or under the direction of an officer or code enforcement officer of the municipality, such officer or code enforcement officer shall certify the above costs thereof to the governing body, which shall examine the certificate, and if found correct, shall cause the cost as shown thereon to be charged against said dwelling or lands; the amount so charged shall forthwith become a lien upon such dwelling or lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such dwelling or lands, the same to bear interest at the same rate as taxes and shall be collected and enforced by the same officers and in the same manner as taxes; and WHEREAS, the City of Hackensack has maintained the following properties by providing grass and lawn maintenance to the said properties: 19 Coolidge Street Block 243, Lot 10 $125.00 226 Passaic Street Block 433, Lot 09 $ 75.00 208 Euclid Avenue Block 544, Lot 22 $125.00 158 Pine Street Block 549, Lot 19 $125.00 136 Clay Street Block 324, Lot 01 $125.00 421 Thompson Street Block 242.02, Lot 41 $100.00 109 Spring Valley Avenue Block 574, Lot 25 $125.00 467 Parker Avenue Block 139, Lot 47 $150.00 423 Thompson Street Block 242.02, Lot 39 $100.00 NOW, THEREFORE BE IT RESOLVED, by the Governing Body of the City of Hackensack that the above charges are certified to the Municipal Tax Collector, Elisa 9/4/12 Coccia, and she is authorized to convert the above charges to become a lien upon such lands. Roll Call – Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 328-12 OFFERED BY: SASSO SECONDED BY: LABROSSE _____________________________________________________________________ BE IT RESOLVED, by the City Council of the City of Hackensack that the following organizations be granted permission to conduct a Raffle in accordance with the applications on file in the office of the City Clerk: RA: 2006 St. Joseph’s RC Church Roll Call – Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 329-12 OFFERED BY: SASSO SECONDED BY: LABROSSE _____________________________________________________________________ WHEREAS, in September of 2011, the City of Hackensack applied for funding for a project called “Pulaski Park Renovation Project” through the Bergen County Open Space Trust Fund; and WHEREAS, subsequently, confirmation of funding for same was confirmed by the County of Bergen; and WHEREAS, in the interim, the scope of work for the Pulaski Park Renovation Project was changed. NOW THEREFORE BE IT RESOLVED that by way of this Resolution, the Mayor and Council of the City of Hackensack request approval from the County of Bergen to effect these changes; and BE IT FURTHER RESOLVED that the Mayor and Council hereby authorize City Manager Stephen Lo Iacono to execute any and all documents in order to effectuate this change. Roll Call – Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 330-12 OFFERED BY: SASSO SECONDED BY: LABROSSE ________________________________________________________________ WHEREAS, the Hackensack Board of Education desires to secure school nurse services for certain Hackensack non-public schools from the City of Hackensack through an inter-local agreement in accordance with N.J.S.A. 40; 8A-1 et. seq,; and WHEREAS, the City of Hackensack’s Department of Health can provide duty qualified personnel to carry out said school nurse services; and WHEREAS, as the Hackensack Board of Education and the City of Hackensack have prepared an inter-local agreement for the provision of said services for the 2012- 2013 school year; and 9/4/12  WHEREAS, as the maximum amount of this agreement is $18,555; and WHEREAS, it has been certified that this meets the statutes and regulations for the execution of said agreement. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack as follows: 1. That the Mayor and City Clerk be and are hereby authorized and directed to execute an agreement with Hackensack Board of Education to perform school nurse services for the period September 1, 2012 through June 30, 2013. 2. That this agreement be executed without publication or hearing as it is expressly excluded in N.J.S.A. 40: 8A-3. 3. The action of the Mayor and City Clerk in executing said agreement is hereby ratified. 4. That this resolution shall be effective as of September 1, 2012 Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 331-12 OFFERED BY: SASSO SECONDED BY: LABROSSE ________________________________________________________________ WHEREAS, the City of Hackensack’s Department of Health wishes to develop and implement an organizational strategic plan; and WHEREAS, two of the initial steps to developing a viable strategic plan are assessing readiness and support for the plan and updating the Department’s mission, vision and values statement; and WHEREAS, the New Jersey Association of City and County Health Officials (NJACCHO) has offered to provide strategic plan consulting services to local health departments; and WHEREAS, with the guidance and assistance of NJACCHO’s strategic planning consultant, the Health Department has assessed its readiness and updated its mission, vision and values statements and has submitted them to the Hackensack Mayor and City Council for review and approval. NOW THEREFORE BE IT RESOLVED by the Mayor and City Council of the City of Hackensack that they hereby recognize, support and authorize the Department of Health to conduct a strategic planning process under the guidance of the NJACCHO’s planning consultant; and BE IT FURTHER RESOLVED by the Mayor and City Council of the City of Hackensack that the mission, vision and values statements are hereby approved for incorporation into the strategic plan. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 332-12 OFFERED BY: SASSO SECONDED BY: LABROSSE ________________________________________________________________ 9/4/12  WHEREAS, the City of Hackensack frequently receives requests for the creation of handicapped parking spaces in and about the City of Hackensack; and WHEREAS, the City of Hackensack investigates each and every request for the creation of handicapped parking spaces; and WHEREAS, it is in the best interests of the residents of the City of Hackensack to create handicapped parking spaces when and where appropriate; and WHEREAS, the City of Hackensack has received a request for the creation of a handicapped parking space on Lawrence Street, north side, from a point 168 feet west of the north westerly curb line of Union Street to a point 20 feet east thereof;; and WHEREAS, after careful consideration, the Mayor and City Council believe that the creation of the handicapped parking space is in the best interest of the residents of the City of Hackensack. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the City of Hackensack hereby authorize and approve the creation of this handicapped parking space. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 333-12 OFFERED BY: SASSO SECONDED BY: LABROSSE ________________________________________________________________ WHEREAS, on July 17, 2012 the City Council of the City of Hackensack passed Resolution No. 277-12 which awarded the bid for Improvements to Main Street, Section 2, 2012 Road Resurfacing Program to English Paving, 650 Route 46 West, Clifton, New Jersey, 07013 for the contract price of $1,005,838.57; and WHEREAS, Resolution No. 277-12 reflected an incorrect amount for the contract price, which should have read $1,005,838.67. NOW THEREFORE BE IT RESOLVED that Resolution No. 277-12 dated July 17, 2012 is hereby amended to include the corrected amount of $1,005,838.67. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 334-12 OFFERED BY: SASSO SECONDED BY: LABROSSE ________________________________________________________________ WHEREAS, it is the desire of the Mayor and Council of the City of Hackensack that the current Personnel Policies and Procedures Manual for employees of the City of Hackensack be updated; and WHEREAS, an updated version of this manual has recently been created and reviewed by the Mayor and Council, City Manager and City Attorney. NOW THEREFORE BE IT RESOLVED that the new Personnel Policies and Procedures Manual for employees of the City of Hackensack is hereby approved. 9/4/12  Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses, Melfi Added to original docket: NO. 335-12 OFFERED BY: SASSO SECONDED BY: LABROSSE _____________________________________________________________________ WHEREAS, there exists in the City of Hackensack a need for the services of a Special Litigation Attorney for the City of Hackensack; and WHEREAS, such professional services will be rendered or performed by a person authorized by law to practice a recognized profession pursuant to N.J.S.A.19:44A-20.4, 20.5, et seq.; and WHEREAS, pursuant to the Fair and Open Process Rule, N.J.S.A. 19:44A-20.4, et seq., advertisements for proposals were published on the City of Hackensack’s Web Site, and received and reviewed for the aforementioned professional services which anticipated cost will be over $17,500 per year. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that: (l) The Mayor and Council of the City of Hackensack, through the City Manager, are hereby authorized and directed to retain the services of Galantucci & Patuto, 55 State Street, Hackensack, NJ, 07601 to perform the position as Special Attorney for the City of Hackensack. (2) This contract is awarded pursuant to a fair and open process. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to retain a copy of the contract for public inspection. Roll Call – Ayes: Labrosse, Townes, Sasso, Meneses, Melfi A motion was made by Councilwoman Sasso and seconded by Councilman Labrosse to open the meeting to the public. Kathy Canestrino, Brook Street, spoke about the last Council meeting at which there was an ordinance to move $300,000+ and said that Councilwoman Sasso had not been in attendance. Mrs. Canestrino also spoke about comments made at the last meeting with reference to Captain Padilla’s deposition and said that Mr. Lo Iacono was supposed to read the transcripts, therefore she wanted to know where does the City stand on this. Mrs. Canestrino also said that the City had paid Dennis Calo, Esq. $300,000 last year for legal fees and wanted to know if Mr. Calo had communicated with Mr. Lo Iacono in writing and if so did he share it with the Council. She further asked whether or not it is “OPRA-able” or not. Mr. Lo Iacono said that there is no report on that issue and that this is still an open issue. Mrs. Canestrino asked if Mr. Calo is still the best choice and Mr. Lo Iacono responded that this is a personnel matter and that he is not allowed to discuss specifics without the deposition being complete. Kathy Salvo, 184 Hudson Street, spoke about a group of lawyers who are begging the Council not to go through with the new park. She said that the Police Department cannot handle all of the parks and that the Council should stop listening to the experts and listen to the people here. She also said that the City is an embarrassment. 9/4/12  Regina DiPasqua, Parker Avenue, questioned what case Galantucci and Patuto is for. Mr. Zisa responded to her. She also asked questions with reference to the need for the COW meeting scheduled for October 10 th, the unfinished depositions and the police director discussions. As no one else wished to be heard, a motion was made by Councilwoman Sasso and seconded by Deputy Mayor Townes to close the public portion of the meeting. Councilman Labrosse stated that it has been public knowledge that he has been asking for a police director for a long time. Mayor Melfi said that Councilman Labrosse had been in agreement to appoint Captain Padilla as interim Chief and Councilman Labrosse said that he had, but that he has changed his mind. Councilwoman Sasso commended the efforts of John Christ on his continuing efforts to make the Health Department one of the best in the State. Mayor Melfi said that he did receive a letter from the Mayor of Maywood thanking Chief Freeman for allowing our Fire Department to respond to a fire in their town and also that the Hackensack Fire Department was one of the first ones on the scene. The Maywood Mayor also wrote that he feels fortunate this his town was able to call upon our Department. The Mayor asked Mr. Lo Iacono to please let Chief Freeman know that his efforts are appreciated by the Council. A motion was made by Councilman Meneses and seconded by Councilwoman Sasso to adjourn the meeting at 8:40 p.m. _____________________________ Mayor Michael R. Melfi ______________________________ Deputy Mayor Marlin G. Townes _____________________________ Councilwoman Karen K. Sasso ______________________________ Councilman Jorge E. Meneses ______________________________ Councilman John P. Labrosse __________________________ Debra Heck, City Clerk 9/4/12