City Council

The Regular Meeting of the City Council of the City of Hackensack was held at City Hall, 65 Central Avenue, Hackensack, New Jersey, on Tuesday, January 8, 2013, 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, Councilman John P. Labrosse, Councilwoman Karen K. Sasso, City Attorney Joseph C. Zisa and City Manager Stephen Lo Iacono. Councilman Jorge E. Meneses arrived at 7:06 p.m. City Manager’s Report - Captain John Niland continues to finalize the numbers for the claim, which is in excess of 1.5 million dollars. A wrap up meeting and critique of how we did during the storm was held and there will be a report on same. Mr. Lo Iacono spoke about the Health Department and said that John Christ is held in high regard. With reference to the Chronic Disease self management grant Mr. Lo Iacono said that this will be used to disseminate information to prevent disease. Mr. Lo Iacono also announced that the Health Department has again been cited for a radon action partnership award. Mr. Lo Iacono said that a small grant received from the Bergen County Historical Society ($400.00) is to be used for the creation of story boards for the new recreation building. Mr. Dib is spearheading same. Mr. Lo Iacono advised that on the docket tonight there is a resolution pertaining to a solar energy program which entails a contract with a firm that will come in and install solar panels on City owned properties. The parking areas will have carport solar panels installed. This will create a savings in energy costs and the City will also have three roofs that need to replaced done by the firm, which will save the City from a capital expense in the future. He further advised that the work should start by mid to late February and that we are doing our part to “green” the environment. Engine 2 and 5, DPW, engine 1 boiler replaced at no cost to the city, $20,000 savings per year. Mayor Melfi said that these measures will help to reduce spending and commended Mr. Lo Iacono and Mr. Christ on behalf of the entire council. NO. 1-13 OFFERED BY: SASSO SECONDED BY: TOWNES FINAL ADOPTION OF ORDINANCE NO. 32-2012, AN ORDINANCE ADOPTING THE REDEVELOPMENT PLAN ENTITLED “STATE STREET REDEVELOPMENT PLAN FOR BLOCK 209, LOT 8, 9, 10, 11, 12, 13 & 15” 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 Labrosse that there be a public hearing. PUBLIC HEARING Motion offered by Councilwoman Sasso and seconded by Deputy Mayor Townes that the public hearing be closed. 1/8/13  BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 32-2012 has passed its second and final reading and is hereby adopted. Roll Call: Ayes – Labrosse, Townes, Sasso, Meneses, Melfi ORDINANCE 32-2012 AN ORDINANCE ADOPTING THE REDEVELOPMENT PLAN ENTITLED “STATE STREET REDEVELOPMENT PLAN FOR BLOCK 209, LOT 8, 9, 10, 11, 12, 13 & 15” WHEREAS, on September 24, 2012, the City Council adopted Resolution No. 354-12 which authorized an investigation as to whether Block 209, Lots 8, 9, 10, 11, 12, 13 & 15 (hereinafter the “Area of Investigation”) constitute an area in need of redevelopment; and WHEREAS, DMR Architects prepared a “Report of Preliminary Investigation for Determination of an Area in Need of Redevelopment for Block 209, Lots 8, 9, 10, 11, 12, 13 & 15 dated November 2012 (the Investigation Report”); and WHEREAS, on November 7, 2012, the Planning Board held a hearing concerning the Investigation Report and after concluding the hearing and investigation of this matter the Planning Board adopted a resolution on November 7, 2012 recommending that the City Council designate the Area of Investigation as a redevelopment area; and WHEREAS, on November 8, 2012, the City Council adopted Resolution Number 414-12 designating the Area of Investigation as an area in need of redevelopment as authorized by N.J.S.A. 40A:12A-5 and N.J.S.A. 40A:12A-6; and WHEREAS, a redevelopment plan entitled “State Street Redevelopment Plan for Block 209, Lot 8, 9, 10, 11, 12, 13 & 15” dated November 20, 2012 (the “Plan”) was prepared by DMR Architects for the City of Hackensack and is attached hereto and made a part hereof as Exhibit A; and WHEREAS, on November 20, 2012, the City Council adopted Resolution #431- 12 which referred the Plan to the Planning Board in fulfillment of the referral requirements of N.J.S.A. 40A:12A-7; and WHEREAS, the Planning Board held a hearing concerning the Plan on December 12, 2012 and adopted a resolution that included the following findings and recommendations: a. The Plan is substantially consistent with the 2009 Master Plan Re- Examination Report for the City of Hackensack. b. The Plan is designated to effectuate the master plan. c. The Plan may be expected to prevent further deterioration of the redevelopment area and promote the overall development within the City. d. The Plan would be improved if the following recommendations were made to the Plan: 1. At Page 6, Section 2.3 “Development Standards”, Subsection 7(c) the existing text of Subsection 7(c) should stricken and replaced with the following text: “The project shall include a roof top amenity with at 1/8/13  minimum a fireplace or fire-pit and specialty stone paving hardscape for the residents. (A roof top pool is optional)” 2. At Page 6, Section 2.3 “Development Standards”, Subsection 6(a) the existing text of Subsection 6(a) should be stricken and replaced with the following text: “Height is measured from the vertical distance of a building measured from the average elevation of the finished grade of the structure to the highest roof beams of a flat roof or to the mean level of the highest gable or slope of a hip roof. – A pitched roof will only be permitted along the back portion of the building and only if the first 30’-0” feet of the roof, measured from the roof edge along State Street, is a flat roof.” ; and WHEREAS, the City Council hereby accepts the findings and recommendations of the Planning Board which have been incorporated into the Plan attached as Exhibit A 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 the redevelopment plan entitled “State Street Redevelopment Plan for Block 209, Lot 8, 9, 10, 11, 12, 13 & 15” dated November 20, 2012 prepared by DMR Architects for the City of Hackensack and attached hereto as Exhibit A. Section 2. The Plan shall supersede the provisions of the City’s zoning ordinance and Redevelopment Plan for the 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 State Street Redevelopment Area for Block 209, Lot 8, 9, 10, 11, 12, 13 & 15 as depicted in Figures 1.0 and 2.0 found within the Plan. Section 4. The Plan shall be implemented in accordance with the provisions of N.J.S.A. 40A:12A-1 et seq. 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. PULLED NO. 2-13 OFFERED BY: SECONDED BY: INTRODUCTION OF ORDINANCE NO. 1-2013, AN ORDINANCE AMENDING CITY ORDINANCE 2-82 CHAPTER 90-4, “LICENSE FEES; EXPIRATION” TO INCREASE THE FEES FOR ANY OTHER TYPE FOOD ESTABLISHMENT – PERMANENT LOCATION FROM $25.00 TO $100.00; AND TO ADD A NEW CATEGORY FOR NON-PROFIT AND GOVERNMENT ORGANIZATION OPERATED FOOD ESTABLISHMENTS AND SET THE FEES FOR SUCH ESTABLISHMENTS AT $25.00 BE IT RESOLVED that the above ordinance, being Ordinance 1-2013 as introduced, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held on January 22, 2013 at 8:00 p.m. or as soon thereafter as the matter can be reached at the regular meeting place of the City Council and at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance and that the City Clerk be and she is hereby authorized and directed to publish said ordinance according to law with a notice of its introduction and passage on first reading and of the time and place when and where said ordinance will be further considered for final passage. 1/8/13  Roll Call: Ayes – NO.3-13 OFFERED BY: SASSO SECONDED BY: LABROSSE ______________________________________________________________________ WHEREAS, N.J.S.A. 40A:4-19 provides that where any contract, commitment or payments are to be made prior to the final adoption of the 2013 Budget, temporary appropriations should be made for the purpose and amounts required in the manner and time therein provided; and WHEREAS, the date of this resolution is within the first thirty days of January, 2013; and WHEREAS, the total appropriations in 2012, exclusive of any appropriations made for interest and debt redemption charges, capital improvement fund and public assistance, in said budget is the sum of $85,249,916.37; and WHEREAS, 26.25% of the total appropriations in the 2012 Budget, exclusive of any appropriations made for interest and debt redemption charges, capital improvement fund and public assistance, in said Budget is the sum of $22,378,103.05. NOW, THEREFORE, BE IT RESOLVED that the following appropriations be made and that a certified copy of this resolution be transmitted to the Chief Financial Officer for her records. 2013 TEMPORARY BUDGET APPROPRIATIONS GENERAL GOVERNMENT Admin & Exec 20-100-100 Salary and Wages 158,813 Other Expense 28,009 Human Resources 20-105-105 Salary and Wages 6,825 Mayor & Council 20-110-110 Salary and Wage 14,333 City Clerk 20-120-120 Salaries and Wages 42,236 Other Expenses 2,625 Election 20-120-121 Other Expenses 27,169 Financial Admin. 20-130-130 Salaries and Wages 85,313 Other Expenses 72,188 Auditing Other Expenses 16,275 Tax Assessor 20-150-150 1/8/13  Salaries and Wages 41,475 Other Expenses 71,400 Tax Collector 20-145-145 Salaries and Wages 58,013 Other Expenses 10,500 Legal Svcs & Costs 20-155-155 Other Expenses 262,500 Legal Svcs & Cod. 20-155-156 Other Expenses 1,864 Mun.Ct-Public Def. 43-495-495 Salaries and Wages 14,044 Mun.Ct.-Admin. 43-490-100 Salaries and Wages 185,456 Other Expenses 29,610 Pub Bldg. & Grds 26-130-130 Salaries and Wages 154,088 Other Expenses 55,519 Pub Bldg. Elec&Gas 31-430-430 Other Expenses 217,875 Pub Bldg. Telephone 31-440-440 Other Expenses 39,506 Pub Bldg. Utilities Water 31-445-445 Other Expenses 21,000 Planning Board 21-180-180 Salaries and Wages 26 Other Expenses 13,506 Bd of Adjustment 21-185-185 Salaries and Wages 26 Other Expenses 37,538 Ret Stab. Bd 21-190-190 Salaries and Wages 2,363 Other Expenses 551 Workers Comp Ins. 23-215-215 Other Expenses 261,188 Group Ins. Plans 23-210-210 Other Expenses 3,201,188 Group Ins. Surety 23-220-220 Other Expenses 529,914 Capital Improv. 44-901-901 Other Expenses 52,500 City Web Site 30-415-415 Other Expenses 10,500 ACC Wages all depts. 30-415-416 Salaries and Wages 750,000 1/8/13 Boys & Girls club 30-415-418 Other Expenses 2,625 Total General Government $6,478,561.00 PUBLIC SAFETY Fire Alarm 25-265-267 Salaries and Wages 32,288 Other Expenses 9,765 Fire 25-265-265 Salaries and Wages 3,201,253 Other Expenses 81,048 Fire Prevention 25-265-266 Salaries and Wages 150,806 Other Expenses 6,169 Fire-Hydrant Svc. 31-461-461 Other Expenses 94,500 Police 25-240-240 Salaries and Wages 3,609,165 Other Expenses 108,938 Police School Grds. 25-240-241 Salaries and Wages 131,513 Police-Traffic Ctrl 25-240-242 Salaries and Wages 24,150 Other Expenses 12,469 Communications Opr. 25-240-243 Salaries and Wages 158,156 Other Expenses 656 First Aid Org. 25-260-260 Other Expenses 10,238 Emerg. Med. Serv. 25-265-269 Salaries and Wages 2,520 Emerg. Mgmt. 25-252-252 Salaries and Wages 2,231 Other Expenses 3,111 911 42-250-251 Salaries and Wages 74,156 Other Expenses 7,350 Total Public Safety $7,720,482.00 OTHER DEPARTMENT OF COMMUNITY AFFAIRS 1/8/13 Insp. Of Bldgs. UCC 22-195-195 Salaries and Wages 83,213 Other Expenses 3,399 Insp. Of Property 22-200-200 Salaries and Wages 110,775 Other Expenses 945 Comm. Develop. 22-200-201 Other Expenses 23,756 Comm Dev-Cons Svcs 22-200-202 Other Expenses 38,063 Const. Bd of Appeals 21-180-181 Other Expenses 1,024 DEPARTMENT OF PUBLIC WORKS Administration 26-300-300 Salaries and Wages 178,133 Other Expenses 29,361 City Garage 26-300-301 Salaries and Wages 93,503 Other Expenses 14,812 STREETS & ROADS Streets & Roads 26-290-290 Salaries and Wages 45,938 Other Expenses 28,245 Snow Removal 26-290-291 Salaries and Wages 45,938 Other Expenses 83,738 Shade Tree 26-313-313 Salaries and Wages 34,125 Other Expenses 16,557 Street Lighting 31-435-435 Other Expenses 131,250 SANITATION Street Cleaning 26-300-302 Salaries and Wages 35,438 Other Expenses 10,185 Garbage & Trash 26-305-305 Salaries and Wages 349,125 Other Expenses 56,805 Recycling Program 26-305-306 Salaries and Wages 58,275 Other Expenses 13,624 Sanitary Landfill 26-305-307 1/8/13  Other Expenses 423,773 Sewer Sys. Mte. 26-311-311 Salaries and Wages 32,813 Other Expenses 68,906 Sewer Treatment 31-455-455 Other Expenses 13,125 Sewer Sys BCUA Share 31-455-456 Other Expenses 1,494,150 Utilities-Veh. Gasoline 31-460-460 Other Expenses 144,375 HEALTH & WELFARE Health Dept. Admin. 27-330-331 Salaries and Wages 208,425 Other Expenses 16,086 Health Dept-Clinics 27-330-330 Salaries and Wages 12,390 Dog Regulation 27-340-340 Salaries and Wages 1,103 Other Expenses 18,785 Human Services 27-345-345 Salaries and Wages 66,413 Other Expenses 4,174 PEOSHA 27-330-332 Other Expenses 35,228 RECREATION & EDUCATION Parks & Playgrounds 28-375-375 Salaries and Wages 150,518 Other Expenses 37,196 Recreation Dept. 28-370-370 Salaries and Wages 108,150 Other Expenses 26,316 Celebration of Pub.Ev. 30-420-420 Salaries and Wages 17,063 Other Expenses 17,325 Mtnc Public Library 29-390-390 Other Expenses 753,802 INTERLOCAL AGREEMENTS Interlocal Agreements 42-250-25X Salaries and Wages 4,949 Other Expenses 53,648 1/8/13 OTHER NJDEP Remediation 31-450-450 Other Expenses 1,313 Contingencies 30-499-000 Other Expenses 1,969 Total Other $5,198,222.00 DEFERRED CHARGES & STATUTORY EXPENDITURES Reserve for Unemployment 23-225-225 Other Expenses 31,500 PFRS 36-475-475 Other Expenses 1,497,055 PERS 36-471-471 Other Expenses 328,528 Social Security 36-472-472 Other Expenses 367,500 Cons Pol & Fire Pen. 36-474-474 Other Expenses 15,750 DCRP Pension 36-476-476 Other Expenses 82 Total Deferred Charges & Statutory Expenditures $2,240,415.00 Total Salaries and Wages $10,535,536.00 Total Other Expenses $11,102,144.00 Total Current Budget $21,637,680.00 PUBLIC UTILITY Dedicated Public Parking System Utility Salaries and Wages 55-501-000 82,688 Other Expenses 55-502-000 157,500 Dedicated Public Parking System Utility Capital Outlay 55-512-000 Other Expenses 36,750 PERS 55-540-000 Other Expenses 131 Social Security 55-541-000 Other Expenses 6,563 1/8/13 Total Salaries and Wages $ 82,688.00 Total Other Expenses $200,944.00 Total Utility Budget $283,632.00 GRAND TOTAL $21,921,312.00 ROLL CALL – AYES: Labrosse, Townes, Sasso, Meneses, Melfi NO. 4-13 OFFERED BY: MENESES SECONDED BY: SASSO ________________________________________________________________ BE IT RESOLVED by the City Council of the City of Hackensack that the bills in the following accounts be and are hereby ordered paid: Current Fund $3,220,914.61 Escrow 35,310.53 Grants 3,319.56 Payroll 142,861.66 Public Parking System 6,160.00 Capital 42,421.68 Trust Account 95,675.73 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. 5-13 OFFERED BY: SASSO SECONDED BY: TOWNES _____________________________________________________________________ WHEREAS, Cynthia Woods-Daisley, Clerk Stenographer, has requested a Leave of Absence without pay for three months for personal medical reasons under the Family Leave Act; and WHEREAS, City Manager, Stephen Lo Iacono Jr. has determined that this employee be granted a Leave of Absence for three months, commencing Monday, December 17, 2012 and terminating Sunday, March 17, 2013. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hackensack, that Cynthia Woods-Daisley, Clerk Stenographer, be granted a Leave of Absence for three months, without pay, as requested; and 1/8/13  BE IT FURTHER RESOLVED, that a certified copy of this resolution is forwarded to the employee’s pension system by the Chief Financial Officer. Roll Call – Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 6-13 OFFERED BY: SASSO SECONDED BY: TOWNES ________________________________________________________________ WHEREAS, the City of Hackensack Police Department requires a renewal of their on-line in-service training made specifically for the system; and WHEREAS, the Proposal for the renewal of their on-line in-service training made specifically for the system is hereby recognized extraordinary in 5:3014C promulgated by the Local Finance Board, Division of Local Government Services Inc. NOW, THEREFORE, BE IT RESOLVED, that the proposal submitted by The Rodgers Group LLC., P.O. Box 831, Island Heights, New Jersey, 08732 which totals $18,560.00 is approved; and BE IT FURTHER RESOLVED, that the Chief Financial Officer has certified that funds will be available in Trust Account T-03-56-850-836-801. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 7-13 OFFERED BY: SASSO SECONDED BY: TOWNES _______________________________________________________________ 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, 1/8/13 shall cause the cost as shown thereon to be charged against said dwelling or lands; the amount so charged shall forthwith become a lien upon such dwelling or lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such dwelling or lands, the same to bear interest at the same rate as taxes and shall be collected and enforced by the same officers and in the same manner as taxes; and WHEREAS, the City of Hackensack has maintained the following properties by providing grass and lawn maintenance to the said properties: 497 W. Anderson Avenue Block 457, Lot 34 $2,250.00 125 Hackensack Avenue Block 511, Lot 01 $ 125.00 62 Linden Street Block 426, Lot 06 $ 125.00 208 Euclid Avenue Block 544, Lot 22 $ 125.00 NOW, THEREFORE BE IT RESOLVED, by the Governing Body of the City of Hackensack that the above charges are certified to the Municipal Tax Collector, Elisa Coccia, and she is authorized to convert the above charges to become a lien upon such lands. Roll Call – Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 8-13 OFFERED BY: SASSO SECONDED BY: TOWNES BE IT RESOLVED, by the City Council of the City of Hackensack that the proper officers be and are hereby authorized to make the following refunds for the reasons stated: AMOUNT BLOCK LOT NAME YEAR REASON $7,567.28 100.05 1 Geleski, Paul 2012 CBJ 1137 Sycamore Lane Mahwah, NJ 07430-2345 $779.94 539 10C00A6 Viecco, Julio & Anna 2012 CBJ 19 Jefferson Street A6 Hackensack, NJ 07601 $687.09 343 10C003F Kalisch, Robert 2012 CBJ 277 Prospect Ave. Apt#3F Hackensack, NJ 07601 2012 CBJ $600.73 242.01 24 Quarato, Nick 2012 CBJ 136 Buckingham Dr. Hackensack, NJ 07601 $470.44 540 1C00P6 Chase Refund Department 2012 CBJ C/O Core Logic For: Sanchez, Kilsia&Francisco Core Logic Drive Westlake, TX 76262 $1,358.00 138 63 Chase 2012 Over Payment Attn: Refund Dept. P.O. Box 961227 Ft. Worth, TX 76161-0227 1/8/13 $1614.45 453 49 GMAC Mortgage 2011 Over Payment Attn: Sonya McKinney 1 Corelogic Dr. DFW 1-4 Westlake, TX 76262 Roll Call – Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 9-13 OFFERED BY: SASSO SECONDED BY: TOWNES ________________________________________________________________ BE IT RESOLVED by the City Council of the City of Hackensack that the proper officers be and are hereby authorized to make the following refund for the reason stated: $62.20 is a refund for a Hackensack Building Department permit. Refund to: Michael Amoroso President D.A.B. Builders, Inc. 141 Cedar Road New Milford, New Jersey 07646 Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 10-13 OFFERED BY: SASSO SECONDED BY: TOWNES _____________________________________________________________________ WHEREAS, the Governing Body of the City of Hackensack finds and declares that N.J.S.A. 54:5-19 requires that the City of Hackensack conduct a public tax sale to enforce delinquent municipal liens by selling said liens in accordance with the Tax Sale Law; and WHEREAS, “delinquency” means the sum of all taxes and municipal charges due on a given parcel of property covering any number of quarters or years per N.J.S.A. 54:4-67, and WHEREAS, the Governing Body further finds and declares that the Municipal Tax Collector is qualified to hold said Tax Sale in the calendar year 2013 for 2012 municipal delinquent charges; and WHEREAS, the Governing Body further finds and declares that the annual Tax Sale may be at the discretion of the Municipal Tax Collector; NOW, THEREFORE BE IT RESOLVED, by the Governing Body of the City of Hackensack that the Municipal Tax Collector, Elisa Coccia, be and is hereby authorized to conduct the Annual Tax Sale during the calendar year of 2013 in accordance with N.J.S.A. 54:5-19. BE IT FURTHER RESOLVED, that the Municipal Clerk provide a certified copy of this resolution to the Tax Collector. Roll Call – Ayes: Labrosse, Townes, Sasso, Meneses, Melfi 1/8/13  NO. 11-13 OFFERED BY: SASSO SECONDED BY: TOWNES _____________________________________________________________________ WHEREAS, N.J.S.A. 54:4-67 permits the Governing Body of the City of Hackensack to fix the rate of interest to be charges for the nonpayment of taxes, assessments, or any other municipal charges; and NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Hackensack that the rate of interest on unpaid taxes shall be eight (8) percent per annum on the first One Thousand Five Hundred ($1,500.00) Dollars of delinquency and eighteen (18) percent per annum on any amount in excess of One Thousand Five Hundred ($1,500.00) Dollars to be calculated from the date the tax was payable until the date of actual payment, provided that no interest shall be charged if payment of any installment is made on or before the tenth calendar day following the date upon which the same became payable; and BE IT FURTHER RESOLVED, that the rate of interest on unpaid sewer bills shall be eight (8) percent per annum on the first One Thousand Five Hundred ($1,500.00) Dollars of delinquency and eighteen (18) percent per annum on any amount in excess of One Thousand Five Hundred ($1,500.00) Dollars to be calculated from the date the charge was billed until the date of actual payment, provided that no interest shall be charged if payment of any bill is made within thirty (30) calendar days following the billing date; and BE IT FURTHER RESOLVED, that when the 10 th day of grace period for taxes, or the 30th day for sewer billing falls on a Saturday or Sunday, it is due on the following Monday, and if the following Monday is a legal holiday, it will be due and payable on the following Tuesday, and BE IT FURTHER RESOLVED, that in addition to the interest provided above, on all delinquencies in excess of Ten thousand ($10,000.00) Dollars and which are not paid prior to the end of the fiscal year, the tax collector shall also collect a penalty of six (6) percent of the amount of the delinquency in excess of Ten Thousand ($10,000.00) Dollars; and BE IT FURTHER RESOLVED, that the Municipal Clerk provide a certified copy of this resolution to the Tax Collector. Roll Call – Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 12-13 OFFERED BY: SASSO SECONDED BY: TOWNES ________________________________________________________________ WHEREAS, the Governing Body of the City of Hackensack finds and declares that N.J.S.A. 40A:5-17-1 empowers authorized municipal employees to process the cancellation of tax refunds and/or delinquencies of less than Ten($10.00) Dollars; and WHEREAS, the Governing Body further finds and declares that the Municipal Tax Collector, Elisa Coccia is qualified to process the cancellation of tax refunds and/or delinquencies of less than Ten ($10.00) Dollars; and WHEREAS, the Governing Body further finds and declares that it is in the best interest of the citizens of the City of Hackensack for the Municipal Tax Collector to be authorized to process the cancellation of tax refunds and/or delinquencies of less than Ten ($10.00) Dollars in accordance with N.J.S.A. 40A:5-17-1. 1/8/13  NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Hackensack that Municipal Tax Collector Elisa Coccia be and is hereby authorized to process the cancellation of tax refunds or delinquencies of less than Ten ($10.00) Dollars during the calendar year of 2013 in accordance with N.J.S.A. 40A:5-17-1; and BE IT FURTHER RESOLVED, that the Municipal Clerk provide a certified copy of this resolution to the Tax Collector. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 13-13 OFFERED BY: SASSO SECONDED BY: TOWNES ________________________________________________________________ WHEREAS, the City of Hackensack has received change order No. 1 from English Paving Company, Inc., for a reduction in work performed and materials furnished in the construction of the 2012 Road Resurfacing Program; and WHEREAS, the contract amount will reflect a reduction of $190,703.16 for a new contract total of $815,135.51; and WHEREAS, the Project Manager and Boswell McClave Engineering has reviewed this change order and has recommended that said change order be approved; and NOW, THEREFORE, BE IT RESOLVED, that change order No. 1 in the reduction amount of $190,703.16 for a new contract total of $815,135.51, for work performed and materials furnished in the construction of the 2012 Road Resurfacing Program be approved towards purchase order No. 12-07346 for English Paving Company, Inc., 650 Route 46 West, Clifton, New Jersey, 07013. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 14-13 OFFERED BY: SASSO SECONDED BY: TOWNES ________________________________________________________________ BE IT RESOLVED by the City Council of the City of Hackensack that the proper officers be and are hereby authorized to make the following refund for the reason stated: $65.00 is a refund for a Hackensack Youth Basketball registration fee. Refund to: Mr. Osualdo Sanchez 521 W. Anderson Street Hackensack, N.J. 07601 Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 15-13 OFFERED BY: SASSO SECONDED BY: TOWNES _____________________________________________________________________ THIS AGREEMENT, entered into this 1st day of January 1, 2013, between the City of Hackensack (hereinafter referred to as GOVERNING BODY) and Otterstedt 1/8/13 Insurance Agency, Inc. of Hasbrouck Heights (hereinafter referred to as the CONSULTANT); and WHEREAS, the CONSULTANT has offered to the GOVERNING BODY professional risk management consulting services as required in the bylaws of the South Bergen Municipal Joint Insurance Fund ; and WHEREAS, the GOVERNING BODY desires these professional services pursuant to the resolution adopted by the governing body of the GOVERNING BODY at a meeting held January 8, 2013. NOW, THEREFORE, BE IT RESOLVED, the parties in consideration of the mutual promises and covenants set forth herein, agree as follows: 1. For and in consideration of the amount stated hereinafter, the CONSULTANT shall: a) Assist the GOVERNING BODY in identifying its insurable Property & Casualty exposures and to recommend professional methods to reduce, assume or transfer the risk or loss. b) Assist the GOVERNING BODY in understanding the various coverages available from the South Bergen Municipal Joint Insurance Fund and the Municipal Excess Liability Joint Insurance Fund. c) Review with the GOVERNING BODY any additional coverages that the CONSULTANT feels should be carried but are not available from the FUND and subject to the GOVERNING BODY's authorization, place such coverages outside the FUND. d) Assist the GOVERNING BODY in the preparation of applications, statements of values, and similar documents requested by the FUND, it being understood that this Agreement does not include any appraisal work by the CONSULTANT. e) Review Certificates of Insurance from contractors, vendors and professionals when requested by the GOVERNING BODY. f) Review the GOVERNING BODY's assessment as prepared by the FUND and assist the GOVERNING BODY in the preparation of its annual insurance budget. g) Review the loss and engineering reports and generally assist the safety committee in its loss containment objectives. Also, attend no less than one (1) municipal safety committee meeting per annum to promote the safety objectives and goals of the GOVERNING BODY and the FUND. h) Assist where needed in the settlement of claims, with the understanding that the scope of the CONSULTANT's involvement does not include the work normally done by a public adjuster. i) Perform any other risk management related services required by the FUND's bylaws. 2. In exchange for the above services, the CONSULTANT shall be compensated in the following manner: a) The CONSULTANT shall be paid by the GOVERNING BODY a fee as compensation for services rendered, an amount equal to six percent (6%) of the GOVERNING BODY's annual assessment as promulgated by the FUNDs. Said fee shall be paid to the CONSULTANT within thirty (30) days of payment of the GOVERNING BODY's assessment. 1/8/13  b) For any insurance coverages authorized by the GOVERNING BODY to be placed outside the FUND, the CONSULTANT shall receive as compensation the normal brokerage commissions paid by the insurance company. The premiums for said policies shall not be added to the FUND's assessment in computing the fee outlined in 2 (a). c) If the GOVERNING BODY shall require of the CONSULTANT extra services other than those outlined above, the CONSULTANT shall be paid by the GOVERNING BODY a fee at the rate of N/A per hour, in addition to actual expenses incurred. 3. The term of this Agreement shall be one (1) year. However, this Agreement may be terminated by either party at any time by mailing to the other written notice, certified mail return receipt, calling for termination at not less than thirty (30) days thereafter. In the event of termination of this Agreement, the CONSULTANT's fees outlined in 2 (a) above shall be prorated to date of termination. Roll Call – Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 16-13 OFFERED BY: SASSO SECONDED BY: TOWNES ________________________________________________________________ WHEREAS, the City of Hackensack has carried on its book balance outstanding checks in the amount of $1,899.65 which are in excess of one year old; and WHEREAS, it is necessary to cancel these outstanding checks in order to place these funds into fund balance. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hackensack that the aforementioned outstanding checks be cancelled. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 17-13 OFFERED BY: SASSO SECONDED BY: TOWNES ________________________________________________________________ WHEREAS, Pinnacle Wireless Inc., 18-01 Pollitt Drive, Fairlawn, New Jersey 07410 has been awarded the New Jersey State Contract Bid No. A-53805 for Narrow banding Radio Communication Equipment; and WHEREAS, the City of Hackensack wishes to utilize this contract for the state mandated upgrade of its communication equipment for the Police Department and the Volunteer Ambulance Corp. authorized by the Local Public Contract Law (N.J.S.A. 40A:11-12); and WHEREAS, the total for this project is $86,209.61; and WHEREAS, the Interim Police 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. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the City of Hackensack authorizes the execution of this state contract for the Narrow banding Radio Communication Equipment with Pinnacle Wireless Inc., 18-01 Pollitt Drive, Fairlawn, New Jersey 07410; and 1/8/13  BE IT FURTHER RESOLVED, that the Chief Financial Officer has certified that the funds will be available in capital account C-04-12-028-000-001. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 18-13 OFFERED BY: SASSO SECONDED BY: TOWNES ________________________________________________________________ WHEREAS, Motorola Inc., 5 Paragon Drive E.S.S., Montvale, New Jersey 07645 has been awarded the New Jersey State Contract Bid No. A-53804 for Narrow banding Radio Communication Equipment; and WHEREAS, the City of Hackensack wishes to utilize this contract for the state mandated upgrade of its communication equipment for the Fire Department, the Department of Public Works and the Building Housing and Land Use Department authorized by the Local Public Contract Law (N.J.S.A. 40A:11-12); and WHEREAS, the total for this project is $391,789.06; 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. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the City of Hackensack authorizes the execution of this state contract for the Narrow banding Radio Communication Equipment for the Fire Department, the Department of Public Works and the Building Housing and Land Use Department with Motorola Inc., 5 Paragon Drive E.S.S., Montvale, New Jersey, 07645; and BE IT FURTHER RESOLVED, that the Chief Financial Officer has certified that the funds will be available in capital account C-04-12-028-000-001. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 19-13 OFFERED BY: SASSO SECONDED BY: TOWNES _____________________________________________________________________ WHEREAS, various Year 2012 bills have been presented for payment this year, which bills represent obligations of the prior fiscal year and were not covered by order number and/or recorded at the time of transfers between the 2012 Budget in the last two months of 2012; and WHEREAS, N.J.S.A. 40A:4-59 provides that all unexpended balances carried forward after the close of the fiscal year are available, until lapsed at the close of the succeeding year, to meet specific claims, commitments or contracts incurred during the preceding fiscal year, and allow transfers to be made from unexpended balances to those which are expected to be insufficient during the first three months of the succeeding year. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hackensack (2/3 of the majority of the full membership concurring herein) that the transfers in the amounts of $451,647 be made between the 2012 Budget Appropriation Reserves as follows: FROM DEPARTMENT TO DEPARTMENT 1/8/13 2-01-31-430-430-200 Utilities-Electric/Natural Gas 36,000.00 2-01-31-461-461-200 Fire Hydrant Services 36,000.00 United Water bill To end of year 2-01-23-215-215-200 Worker’s Comp O/E 183,900.00 2-01-20-100-100-200 A&E O/E 1,245.00 Staples 2-01-26-290-291-100 Snow Removal S&W 110,000.00 2-01-25-240-240-200 Police O/E 2,500.00 Phone support/ Computer maint/ Pinnacle 2-01-26-305-307-29P Sanitary Landfill O/E 121,747.00 2-01-26-300-302-200 Street Cleaning O/E 1,010.00 Packer repairs 2-01-26-305-306-200 Recycling O/E 35,892.00 Nature’s Choice Invoices leaves/ Brush removal 2-01-26-305-305-200 Garbage&Trash O/E 75,000.00 Packer repair, Engines replaced 2-01-23-210-210-200 Group Ins. O/E 300,000.00 12/23/12 Claims &Nov. Admin Fee(did not get Stop loss reimb Yet) 451,647.00 451,647.00 Roll Call – Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 20-13 OFFERED BY: SASSO SECONDED BY: TOWNES ________________________________________________________________ WHEREAS, there exists a need to reduce the overall energy costs for the municipal buildings of the City of Hackensack; and WHEREAS, the City of Hackensack is seeking to place solar panels on various city-owned property; and WHEREAS, the placement of solar panels on municipal property is in the best interests for the residents of the City of Hackensack; and WHEREAS, the City of Hackensack wishes to enter into a Contract with Mercury Commercial Financial, LLC for the placement of solar panels at various locations in the City of Hackensack. NOW, THEREFORE, BE IT RESOLVED that the Mayor of the City of Hackensack is hereby authorized to enter into a contractual agreement with Mercury Commercial Financial, LLC. for the placement of solar panels at various locations in the City of Hackensack Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses, Melfi 1/8/13  A motion was made by Deputy Mayor Townes and seconded by Councilman Labrosse to open the meeting to the public. Larry Eisen, 390 Maple Hill Drive, spoke about the library on Main Street and said that it is one of the few buildings on Main Street of any architectural quality. Mr. Eisen also questioned the status of the Anderson Street bridge between Hackensack and Teaneck and asked if the County is making any plans to repair same. Mr. Lo Iacono said that he does not know. Mr. Eisen also said that the Chamber of Commerce should be pressing to get the bridge repaired and Mr. Lo Iacono said that he will check with the County on same. Michael Papetti, 222 Eileen Terrace, asked if anything can be done about outsiders parking on the street. Mr. Lo Iacono will look into this and it will be discussed at the next meeting. Stephen Jose Barrios, 166 Union Street, spoke about trucks that are parked in front of his house which block his driveway. Mayor Melfi indicated that he has received other complaints regarding trucks in this area. Mr. Lo Iacono said that he has been working with the Police Department for better enforcement in the area. Mr. Zisa said that he has some ideas that he will look into and asked Mr. Barrios to return on January 22, 2013. Stephanie Barrios also stated that this is a safety issue as you cannot see while backing out of the driveway. She also said that a red truck had been parked in front of their house for over two months. Mayor Melfi will have the Traffic Division check into this and questioned whether or not the vehicle is abandoned. Joseph Contaldi, 27 Warren Street, applauded the Council for the redevelopment progress in the City, but also spoke about the issue of parking once again. He also asked if there is an update on the proposed park and Mayor Melfi said that the park plan is off the table right now but that he still wishes to discuss same with Mr. Contaldi. Mr. Contaldi was also advised that all bids for the park were rejected and that the parking study will soon be finalized. Kathy Canestrino, Brook Street, spoke about budget transfers and also requested information regarding settlement amounts on the police lawsuits. Mr. Lo Iacono said that three quarters of these cases have been settled at this point. Mrs. Canestrino asked if the Alayoubi case has been settled and Mr. Lo Iacono said not that he knows of. Mrs. Canestrino also asked if Mr. Lo Iacono knows when the City will be reimbursed for the cases and he said that he does not. Mrs. Canestrino also spoke about the fire on Johnson Avenue and the involvement of the zoning board attorneys. She asked for the suspension of the attorney and Mr. Zisa said that the issue has been discussed, but that it is not proper to discuss at this juncture. However, Mr. Malagiere will not be attending the zoning meetings until the matter is resolved. Stephen Lewis, Hudson Street, spoke about sustainable New Jersey and asked if the city is considering a resolution for Hackensack to be certified with a green team. Mr. Lo Iacono said that he has not been able to review and discuss this matter with the Council but that he will do so before the next meeting. Peter Marchesani, 65 Davis Avenue, spoke about Mr. Malagiere and Mayor Melfi indicated that Mr. Lo Iacono had met with all members of the Building, Housing and Land Use department to discuss and mandate certain checks to follow up on open cases, as well as other processes. As no one else wished to be heard, a motion was made by Councilman Meneses and seconded by Councilwoman Sasso to close the public portion of the meeting. 1/8/13  A motion was made by Councilwoman Sasso and seconded by Councilman Meneses to close the meeting at 9:05 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 1/8/13