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, August 20, 2013, at 7:00 p.m. Mayor Labrosse called the meeting to order and City Clerk Debra Heck announced that the meeting was being held in accordance with the Sunshine Law, notice having been published according to law, with a copy on file in the City Clerk’s office, and a copy posted on the bulletin board in City Hall. Mrs. Heck called the roll: Present – Mayor John P. Labrosse, Jr., Deputy Mayor Kathleen Canestrino, Councilman Leonardo Battaglia, Councilman David Sims, Councilwoman Rose Greenman, Interim City Attorney Thomas P. Scrivo and City Manager Stephen Lo Iacono. A motion was made by Councilman Battaglia and seconded by Councilman Sims to approve the minutes of the July 1, 2013, July 15, 2013 and July 22, 2013 meetings. City Manager’s report – Mr. Lo Iacono reported that the City tax bills had been mailed out approximately ten days ago and also that the grace period has been extended to August 29, 2013. He further advised that the County of Bergen had been late in striking the tax rate. Mr. Lo Iacono said that the summer concert series has concluded for this year and that it was extremely successful. He also said that on National Night Out there were over six hundred people in attendance. He thanked the departments that played a part in arranging the events. Mr. Lo Iacono announced that paving has been completed which included Euclid Avenue, as well as John, Lawrence, Ricardo and Stanley Place. He also said that this includes ADA compliance with curb cuts at the corners and also that there is work being done on the apron at the Fire House on Summit Avenue that needed repair badly. Mr. Lo Iacono also spoke about the new County agency building which will be constructed on the old County parking lot and that all parking has been moved to the old Bergen Record site. He further said that this will be a significant structure in town. Mr. Lo Iacono spoke about the waste collection and the mix-up pertaining to Route 1 and Route 2. Mr. Lo Iacono said that he had hoped that someone from the media was present tonight to report about work being planned by PSE&G beginning in September which will focus on the “reconductoring” of underground power cables. A motion was made by Deputy Mayor Canestrino and seconded by Councilman Battaglia to hold a public hearing pertaining to the Open Space Grant Application being proposed by the City. Regina DiPasqua, Parker Avenue, requested more information on the application and inquired as to whether or not the play “ship” would be replaced. Mr. Lo Iacono said that it would be. Evelyn Martin-Stewart, 52 Hobart Street, said that there is nothing for the kids to do and that there are no trees, no benches, no grass, etc. She also said that Lodi and Newman Streets are full of potholes. 8/20/13  Kathy Salvo, Hudson Street, said that the play “ship” has been repaired and reconstructed many times. As no one else wished to be heard concerning this matter, a motion was made by Deputy Mayor Canestrino and seconded by Councilman Sims to close the public hearing. NO. 326-13 OFFERED BY: CANESTRINO SECONDED BY: SIMS FINAL ADOPTION OF ORDINANCE NO. 17-2013, AN ORDINANCE AMENDING CHAPTER 3 ENTITLED “ADMINISTRATIVE OFFICES” OF THE CITY OF HACKENSACK MUNICIPAL CODE TO ADD NEW ARTICLE VIII ENTITLED “DIRECTOR OF ECONOMIC DEVELOPMENT” This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?” Motion offered by Councilman Sims and seconded by Deputy Mayor Canestrino that there be a public hearing. PUBLIC HEARING – Regina DiPasqua, Parker Avenue, asked if there will be an economic development committee and Mayor Labrosse responded that this is not a committee, but rather an employee to oversee. Ms. DiPasqua spoke about committees in other towns and said that they meet with the developer. Jason Nunnermacker, Prospect Avenue, raised questions regarding the salary of a director of economic development and whether or not the individual would have a City benefit package. Mr. Lo Iacono said that the salary should be set in the salary ordinance. Mr. Nunnermacker also asked if this person will receive a full time secretary and the answer was no. Mr. Nunnermacker also raised the possibility of infringement on planning and zoning boards and asked if Mr. Rottino is a licensed real estate broker. Mr. Lo Iacono said that he is not. Mr. Nunnermacker also asked if pursuant to section (f) can this person enter into contracts on behalf of the City. He also asked if the person can assist in securing financing and does so, will the City be on the hook for this? Blanche Stuart commented that Mr. Nunnermacker had voted on a position on the Board of Education without the salary being listed. Motion offered by Deputy Mayor Canestrino and seconded by Councilman Sims 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. 17-2013 has passed its second and final reading and is hereby adopted. Roll Call: Ayes- Battaglia, Canestrino, Greenman, Sims, Labrosse ORDINANCE NO. 17-2013 AN ORDINANCE AMENDING CHAPTER 3 ENTITLED “ADMINISTRATIVE OFFICES” OF THE 8/20/13  CITY OF HACKENSACK MUNICIPAL CODE TO ADD NEW ARTICLE VIII ENTITLED “DIRECTOR OF ECONOMIC DEVELOPMENT” WHEREAS, the N.J.S.A. 40:48-1 et seq., (hereinafter referred to as the “Statute”) provides that the Governing Body of every municipality may create an office or position necessary for the efficient conduct of the affairs of the municipality by way of ordinance; and WHEREAS, the City of Hackensack (“Hackensack”) is in need of economic development services to ensure economic opportunity to the Hackensack residents and to enhance the City’s vibrancy and development; and WHEREAS, the Governing Body of Hackensack has determined that, for reasons of efficiency and economy, securing a Director of Economic Development in the best interests of the City; and. WHEREAS, the Director of Economic Development will report through the City Manager; and NOW, THEREFORE, BE IT ORDAINED, BY THE COMMON COUNCIL OF THE CITY OF HACKENSACK, as follows: SECTION 1. The City of Hackensack Municipal Code, Chapter 3 entitled “Administrative Offices,” is amended to add new Article VIII entitled “Director of Economic Development” as follows: § 3-26. Director of Economic Development Established There is hereby created and established the position of Director of Economic Development in the government of the City of Hackensack. The Director of Economic Development’s appointment by the City Manager shall be at the pleasure of the Council, and this Director shall receive such compensation as shall be provided annually by ordinance. § 3-27. Duties It shall be the duty of the Director of Economic Development of the City of Hackensack to: A. Research, study and evaluate the economic development of the City of Hackensack on an ongoing basis, with particular attention to the development and redevelopment of areas within the city which may be appropriate for such consideration. B. Make recommendations to the Mayor and Council for the development of such areas and the zoning of such areas for residential or commercial purposes. C. Prepare such advisory reports and perform such other duties as may from time to time be requested by the Mayor and Council concerning the feasibility of certain proposed projects. D. Make recommendations to the Planning Board or the Board of Adjustment that may be requested concerning applications for development presented therein. E. Design and implement campaigns to attract industrial, commercial and other economic development into the City. 8/20/13  F. Undertake an inventory and the securing and promotion of sites whose development is to the economic benefit of the City. G. Assist prospective developers in securing financing for development projects. H. Arrange and coordinate city services necessary for specific economic development projects. I. Keep appropriate statistics and data to indicate trends in economic development and make evaluations and recommendations concerning the same. J. Review and make recommendations concerning economic development aspects of the Comprehensive Master Plan of the City. K. Coordinate the City's economic development efforts with those of other governmental bodies and agencies. L. Administer all federal, state, county and local aid programs pertaining to economic development in the City, except as otherwise provided by law. SECTION 2. All other Ordinances or parts of Ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency. SECTION 3. This ordinance shall take effect upon final passage and publication as provided by law. NO. 327- 13 OFFERED BY: CANESTRINO SECONDED BY: SIMS FINAL ADOPTION OF ORDINANCE NO. 18-2013, A BOND ORDINANCE PROVIDING FOR VARIOUS REPAIRS AND IMPROVEMENTS TO FIREHOUSE #2 IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN; NEW JERSEY, APPROPRIATING $300,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $275,000 IN BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?” Motion offered by Deputy Mayor Canestrino and seconded by Councilman Sims that there be a public hearing. PUBLIC HEARING – no one wished to be heard. Motion offered by Deputy Mayor Canestrino and seconded by Councilman Sims 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. 18-2013 has passed its second and final reading and is hereby adopted. 8/20/13  Roll Call: Ayes-Battaglia, Canestrino, Greenman, Sims, Labrosse ORDINANCE 18-2013 BOND ORDINANCE PROVIDING FOR VARIOUS REPAIRS AND IMPROVEMENTS TO FIREHOUSE #2 IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING $300,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $275,000 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring) AS FOLLOWS: Section 1. The improvement described in Section 3 of this bond ordinance is authorized to be undertaken by the City of Hackensack, in the County of Bergen, New Jersey (the “City”), as a general improvement. For the improvement or purpose described in Section 3(a), there is hereby appropriated the sum of $300,000. For the improvement or purpose described in Section 3, there is hereby appropriated the sum of $25,000 as the down payment required by the Local Bond Law. The down payment appropriated is now available by virtue of provision for down payment or for capital improvement purposes in one or more previously adopted budgets.1 Section 2. In order to finance the cost of the improvement or purpose set forth, negotiable bonds are hereby authorized to be issued in the principal amount of $275,000 pursuant to the Local Bond Law. In anticipation of the issuance of the bonds, negotiable bond anticipation notes are hereby authorized to be issued pursuant to and within the limitations prescribed by the Local Bond Law. Section 3. (a) The improvement hereby authorized and the purpose for the financing of which the bonds are to be issued is for various improvements to Firehouse #2, including, but not limited to replacement/repair of concrete floors, waterproofing of floor, cleaning and painting of structural steel, replacement of windows, sealing of exterior wall cracks, repair to stucco, replacement of interior wall covering, removal of vegetation, removal of existing roof and replacement with roofing system including flashing, aluminum cap installation, construction of access stair and platform and various environmental, asbestos and mold remediation, including all work and materials necessary therefor and incidental thereto. (b) The estimated maximum amount of bonds or notes to be issued for the improvement or purpose is as stated in Section 2 hereof. (c) The estimated cost of the improvement or purpose is equal to the amount of the appropriation herein made therefor. Section 4. All bond anticipation notes issued hereunder shall mature at such times as may be determined by the chief financial officer; provided that no note shall mature later than one year from its date. The notes shall bear interest at such rate or rates and be in such form as may be determined by the chief financial officer. The chief financial officer shall determine all matters in connection with notes issued pursuant to this ordinance, and the chief financial officer's signature upon the notes shall be conclusive evidence as to all such determinations. All notes issued hereunder may be renewed from time to time subject to the provisions of the Local Bond Law. The chief 8/20/13 financial officer is hereby authorized to sell part or all of the notes from time to time at public or private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the date of delivery thereof. The chief financial officer is directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the notes pursuant to this ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the notes sold, the price obtained and the name of the purchaser. Section 5. The City hereby certifies that it has adopted a capital budget or a temporary capital budget, as applicable. The capital or temporary capital budget of the City is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith. To the extent that the purposes authorized herein are inconsistent with the adopted capital or temporary capital budget, a revised capital or temporary capital budget has been filed with the Division of Local Government Services. Section 6. Any grant monies received for the purposes described in Section 3(a) hereof shall be applied either to direct payment of the cost of the improvement or to payment of the obligations issued pursuant to this ordinance. The amount of obligations authorized but not issued hereunder shall be reduced to the extent that such funds are so used. Section 7. The City hereby makes the following covenants and declarations with respect to obligations determined to be issued by the Chief Financial Officer on a tax-exempt basis. The City hereby covenants that it will comply with any conditions subsequent imposed by the Internal Revenue Code of 1986, as amended (the “Code”), in order to preserve the exemption from taxation of interest on the obligations, including, if necessary, the requirement to rebate all net investment earnings on the gross proceeds above the yield on the obligations. The Chief Financial Officer is hereby authorized to act on behalf of the City to deem the obligations authorized herein as bank qualified for the purposes of Section 265 of the Code, when appropriate. The City hereby declares the intent of the City to issue bonds or bond anticipation notes in the amount authorized in Section 2 of this bond ordinance and to use the proceeds to pay or reimburse expenditures for the costs of the purposes described in Section 3 of this bond ordinance. This Section 7 is a declaration of intent within the meaning and for purposes of Treasury Regulations §1.150-2 or any successor provisions of federal income tax law. Section 8. The following additional matters are hereby determined, declared, recited and stated: (a) The improvement or purpose described in Section 3 of this bond ordinance is not a current expense. It is an improvement or purpose that the City may lawfully undertake as a general improvement, and no part of the cost thereof has been or shall be specially assessed on property specially benefited thereby. (b) The period of usefulness of the improvement or purpose within the limitations of the Local Bond Law, according to the reasonable life thereof computed from the date of the bonds authorized by this ordinance, is 10 years. (c) The Supplemental Debt Statement required by the Local Bond Law has been duly prepared and filed in the office of the Clerk, and a complete executed duplicate thereof has been filed in the office of the Director of the Division of Local Government Services 8/20/13  in the Department of Community Affairs of the State of New Jersey. Such statement shows that the gross debt of the City as defined in the Local Bond Law is increased by the authorization of the bonds and notes provided in this bond ordinance by $275,000, and the issuance of the obligations authorized herein is permitted by the exception to the debt limitation authorized by N.J.S.A. 40A:2-7(d). (d) An aggregate amount not exceeding $60,000 for items of expense listed in and permitted under N.J.S.A. 40A:2-20 is included in the estimated cost indicated herein for the purpose or improvement. Section 9. The Chief Financial Officer of the City is hereby authorized to prepare and to update from time to time as necessary a financial disclosure document to be distributed in connection with the sale of obligations of the City and to execute such disclosure document on behalf of the City. The chief financial officer is further authorized to enter into the appropriate undertaking to provide secondary market disclosure on behalf of the City pursuant to Rule 15c2-12 of the Securities and Exchange Commission (the “Rule”) for the benefit of holders and beneficial owners of obligations of the City and to amend such undertaking from time to time in connection with any change in law, or interpretation thereof, provided such undertaking is and continues to be, in the opinion of a nationally recognized bond counsel, consistent with the requirements of the Rule. In the event that the City fails to comply with its undertaking, the City shall not be liable for any monetary damages, and the remedy shall be limited to specific performance of the undertaking. Section 10. The full faith and credit of the City are hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by this bond ordinance. The obligations shall be direct, unlimited obligations of the City, and the City shall be obligated to levy ad valorem taxes upon all the taxable property within the City for the payment of the obligations and the interest thereon without limitation of rate or amount. Section 11. This bond ordinance shall take effect 20 days after the first publication thereof after final adoption, as provided by the Local Bond Law. NO. 328- 13 OFFERED BY: CANESTRINO SECONDED BY: BATTAGLIA INTRODUCTION OF ORDINANCE NO. 19-2013, AN ORDINANCE AMENDING ORDINANCE NUMBER 2-82, SECTION 127-4 ENTITLED “VIOLATIONS AND PENALTIES” OF THE CITY OF HACKENSACK MUNICIPAL CODE BE IT RESOLVED that the above ordinance, being Ordinance 19-2013 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 September 3, 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. 8/20/13  Roll Call: Ayes- Battaglia, Canestrino, Greenman, Sims, Labrosse CITY OF HACKENSACK ORDINANCE NO 19-2013. AN ORDINANCE AMENDING ORDINANCE NUMBER 2-82, SECTION 127-4 ENTITLED “VIOLATIONS AND PENALTIES” OF THE CITY OF HACKENSACK MUNICIPAL CODE WHEREAS, the N.J.S.A. 39:4-197 (hereinafter referred to as the “Statute”) provides that the Governing Body of every municipality may create an ordinance designating restricted parking spaces for use by handicapped persons; WHEREAS, the Statute sets forth the penalties to be assessed against a person parking a motor vehicle in a handicapped parking space without a special vehicle identification card; and WHEREAS, the City Council of the City of Hackensack is desirous of amending Ordinance No. 2-82 to comport with the Statute; and NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF HACKENSACK, as follows: SECTION 1. The City of Hackensack Municipal Code, Ordinance No. 2-82, Section 127-4 entitled “Violations and Penalties” is amended as follows: § 127-4. Violations and Penalties Any person convicted of a violation of a provision of this chapter or any supplement thereto shall be subject to a fine of $250 for the first offense and, for subsequent offenses, a fine of at least $250 and up to 90 days’ community service on such terms and in such form as the court shall deem appropriate, or any combination thereof. SECTION 2. All other Ordinances or parts of Ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency. SECTION 3. This Ordinance shall take effect upon final passage and publication as provided by law. NO. 329- 13 OFFERED BY: CANESTRINO SECONDED BY: SIMS ________________________________________________________________________ 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: 8/20/13  Current Fund $15,236,640.91 Escrow 28,061.46 Grants 3,828.64 Payroll 327,323.03 Self Insurance 71,732.87 Public Parking System 21,948.61 Capital 323,462.81 Trust Account 230,184.89 Roll Call – Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 330- 13 OFFERED BY: SIMS SECONDED BY: BATTAGLIA ______________________________________________________________________ WHEREAS, it has become necessary for the City of Hackensack (“City”) to appoint a temporary municipal judge pursuant to N.J.S.A. 2B:12-5 for a term not to exceed one year. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hackensack, that the City finds it in its best interests to appoint Richard C. Takvorian, Esq. as a temporary municipal judge pursuant to N.J.S.A. 2B:12-5 for a term not to exceed one year; and BE IT FURTHER RESOLVED, that the City Clerk be and is hereby directed to retain a copy of the contracts for public inspection. Roll Call - Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 331- 13 OFFERED BY: SIMS SECONDED BY: BATTAGLIA ________________________________________________________________________ WHEREAS, at the present time, there are two handicapped parking spaces on Grand Avenue in front of Fairmount School; and WHEREAS, it has been recommended by the Traffic Division of the Police Department that these spaces be relocated to Fairmount Avenue, thereby providing the utilization of the previous space on Grand Avenue for drop offs and pick-ups only; and WHEREAS, the creation of the new handicapped spaces will give Fairmount School three new handicapped parking spaces. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the City of Hackensack hereby authorize and approve the transfer of these handicapped spaces to be located 101 feet west of the southwest corner of Grand and Fairmount Avenue and 60 feet west thereof. Roll Call - Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 332- 13 8/20/13 OFFERED BY: BATTAGLIA SECONDED BY: CANESTRINO _______________________________________________________________________ WHEREAS, Neopost USA, Inc., 478 Wheelers Farm Road, Milford, CT. 06461 has been awarded the New Jersey State Contract No. 75256 for Mailroom Equipment and Maintenance; and WHEREAS, the City of Hackensack wishes to utilize this state contract for the Tax Collector’s Department authorized by the Local Public Contract Law (N.J.S.A. 40A:11-12); and WHEREAS, the purchase, installation and training price total is $8,808.00; and WHEREAS, the Tax Collector recommends and 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 Mailroom Equipment and Maintenance from Neopost USA, Inc., 478 Wheelers Farm Road, Milford, CT. 06461; and BE IT FURTHER RESOLVED, that the Chief Financial Officer has Certified that the funds are available in current account 3-01-20-145-145-262 in the amount of $8,808.00. Roll Call - Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 333- 13 OFFERED BY: BATTAGLIA SECONDED BY: CANESTRINO ________________________________________________________________________ WHEREAS, Sanitation Equipment Corporation, South 122 Route 17 North, Paramus, New Jersey, 07652 has been awarded the New Jersey State Contract No 69718 for parts and repairs for Road Maintenance Equipment; and WHEREAS, the Sanitation Department of the City of Hackensack needs to repair Packer No. 297 and 292 pursuant to the Local Public Laws (N.J.S.A. 40A:11-12); and WHEREAS, the Sanitation Director recommends and the City Manager agrees that the utilization of the contract represents the best price available and is in the best interest of the City of Hackensack; and WHEREAS, the cost of these repairs is $6,041.72 and $4,762.39, which is fair and reasonable; and WHEREAS, the Chief Financial Officer has certified that the funds are available in current account 3-01-26-305-305-272. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the City of Hackensack authorizes the repair of Packers No. 297 and No. 292 by Sanitation Equipment Corporation, S. 122 Route 17 North, Paramus, New Jersey, 07652 8/20/13  Roll Call - Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 334- 13 OFFERED BY: LABROSSE SECONDED BY: SIMS _______________________________________________________________________ WHEREAS, amendment of Resolution No. 43-13 of February 5, 2013 is needed as an error was made in the proper wording of the resolution; and WHEREAS, the City of Hackensack has a need to acquire software maintenance as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44-20.4; and WHEREAS, it has been determined and certified in writing that the value of the acquisition will exceed $17,500.00; and WHEREAS, the term of the contract is January 1, 2013 to December 31, 2013; and WHEREAS, Edmunds and Associates has submitted a proposal indicating that they will provide software maintenance for the Finance Department, Tax Collector and Utility Accounting for $34,965.00; and WHEREAS, the Chief Financial Officer has certified that funds are available in current accounts 3-02-20-130-130-232, 3-05-55-502-000-232, 3- 01-20-145-145-232, Purchase Order No. 13-00541; and WHEREAS, Edmunds and Associates has completed and submitted a Business Entity Discloser Certification which certifies that Edmunds and Associates has not made any reportable contributions to a political or candidate committee in the City of Hackensack in the previous years and that the contract will prohibit Edmunds and Associates from making any reportable contributions through the term of this contract. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the City of Hackensack authorizes the City of Hackensack to enter into a contract with Edmunds and Associates as described herein; and BE IT FURTHER RESOLVED, that the Business Entity Disclosure Certification be placed on file with this resolution. Roll Call - Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 335- 13 OFFERED BY: SIMS SECONDED BY: CANESTRINO _______________________________________________________________________ WHEREAS, Foley Incorporated, Inc., 855 Centennial Avenue, Piscataway, New Jersey, 08855 has been awarded the New Jersey State Contract No. 69705 for parts and repairs for Road Equipment, and a change order increase No. 1 on purchase order 13-03294 for repairs to Loader No. 250 for the Department of Public Works is necessary; and 8/20/13  WHEREAS, the Department of Public Works of the City of Hackensack needs the additional repair work on this Loader No. 250 pursuant to the Local Public Contract Laws (N.J.S.A. 40A:11-12); and WHEREAS, the Superintendent of Public Works recommends and the City Manager 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 this change order increase No. 1 to repair Loader No. 250 from Foley Incorporated, Inc., 855 Centennial Avenue, Piscataway, New Jersey, 08855; and BE IT FURTHER RESOLVED, that the Chief Financial Officer has certified that the funds are available in current account 3-01-26-305-305-272 in the amount of $18,523.00. Roll Call - Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 336- 13 OFFERED BY: SIMS SECONDED BY: CANESTRINO ________________________________________________________________________ WHEREAS, the governing body of the City of Hackensack has been advised that an emergency affected the safety and welfare of the citizens of the City of Hackensack and the general public when Hurricane Sandy damaged the Court Street Pump Station; and WHEREAS, the City Manager has set forth the circumstances regarding the emergency too action; and WHEREAS, the governing body was satisfied that an emergency existed and that immediate action was necessary to restore the aforementioned; and WHEREAS, the total cost of the repair was $13,883.27 which was a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in current account 2-01-26-300-300-204 in the amount of $13,883.27. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hackensack that pursuant to N.J.S.A.40A:11-6 which authorizes the governing body to award contracts without benefit of public bidding in emergency situations that the vendor Rapid Pump and Meter Service Co., P.O. Box AY, Paterson, New Jersey, 07509 be paid therefore. Roll Call - Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 337- 13 OFFERED BY: CANESTRINO SECONDED BY: BATTAGLIA _____________________________________________________________________ 8/20/13  WHEREAS, NJS 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 2013 in the sum of $126,400.00 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 Revenues Off-set with Appropriations: County ADA Curb Ramp Improvements in the amount of $126,400.00. BE IT FURTHER RESOLVED, that the like sum of $126,400.00 is hereby appropriated under the caption of : General Appropriations: (a) Operations Excluded from CAPS State and Federal Programs Off-Set by Revenues: County ADA Curb Ramp Improvements Other Expenses BE IT FURTHER RESOLVED, that the above is the result of funds received from the County of Bergen, Department of Public Works in the amount of $126,400.00. ROLL CALL: Ayes-Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 338- 13 OFFERED BY: SIMS SECONDED BY: BATTAGLIA ________________________________________________________________- _____ WHEREAS, Dell Marketing L.P. Inc., One Dell Way No. 8724, Round Rock, Texas, 78682 has been awarded the New Jersey State Contract No. 70256; and WHEREAS, the City of Hackensack wishes to purchase various computer equipment for the Health Department pursuant to the Local Public Contract Laws (N.J.S.A. 40A:11-12); and WHEREAS, the purchase price is $5,315.07; and 8/20/13  WHEREAS, the Health Department recommends and the Director of Purchasing agrees that the utilization of the contract represents the best price available. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the City of Hackensack authorizes the purchase of computer equipment for the Health Department from Dell Marketing L.P. Inc., One Dell Way No. 8724, Round Rock, Texas, 78682; and BE IT FURTHER RESOLVED, that the Chief Financial Officer has certified that the funds are available in current account 3-01-27-330-331- 262. Roll Call - Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 339- 13 OFFERED BY: CANESTRINO SECONDED BY: BATTAGLIA _____________________________________________________________________ WHEREAS, the City of Hackensack wishes to apply for funding for a project under the Safe and Secure Communities Program; and WHEREAS, the Mayor and Council has reviewed the accompanying application and has approved said request; and WHEREAS, the project is a joint effort between the Department of Law and Public Safety and the City of Hackensack for the purpose described in the application. THEREFORE, BE IT RESOLVED, by the Mayor and Council that: 1. As a matter of public policy the City of Hackensack wishes to participate to the fullest extent possible with the Department of Law and Public Safety. 2. The Attorney General will receive funds on behalf of the applicant. 3. The Division of Criminal Justice shall be responsible for the receipt and review of the applications for said funds. 4. The Division of Criminal Justice shall initiate allocations to each applicant as authorized. Roll Call - Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 340-13 OFFERED BY: SIMS SECONDED BY: CANESTRINO ______________________________________________________________________ 8/20/13  BE IT RESOLVED, by the Mayor and Council of the City of Hackensack, New Jersey, that the following officers are hereby appointed as a Class II Special Law Enforcement Officer for the 2013 calendar year, in accordance with N.J.S.A. 40:146.10. Andre Almeida Mark Carrillo Marco Chaffiotte Jeffery Compesi Tyler Delcorpo Andrew Duffy Daniel Francavilla Christopher Gatti Michael Grossi Ryan Lindsey Michael Reo Douglas Salazar Daniel Sawicki Vincent Siekierski Roll Call - Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 341- 13 OFFERED BY: BATTAGLIA SECONDED BY: SIMS _______________________________________________________________________ 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 8/20/13 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: 145 Bonhomme Street Block 55 Lot 27 $175.00 354 Hamilton Avenue Block 448 Lot 12 $125.00 252 Berry Street Block 431 Lot 09 $125.00 25 Martin Terrace Block 561 Lot 67 $125.00 226 Passaic Street Block 433 Lot 09 $125.00 TOTAL $675.00 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: Battaglia, Canestrino, Greenman, Sims, Labrosse PULLED NO. 342-13 OFFERED BY: SECONDED BY: ________________________________________________________________________ RESOLUTION OF CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY MAKING APPLICATION TO THE LOCAL FINANCE BOARD PURSUANT TO N.J.S.A. 40A:2-51 et seq. WHEREAS, the City of Hackensack, in the County of Bergen, New Jersey (the “City”) desires to make application to the Local Finance Board pursuant to N.J.S.A. 40A:2-51 et seq. for its review and approval of a refunding bond ordinance authorizing the issuance of refunding bonds or notes to finance amounts owing to others for taxes levied; WHEREAS, the City believes that: (a) it is in the public interest to accomplish such purpose; (b) said purpose or improvements are for the health, welfare, convenience or betterment of the inhabitants of the local unit; (c) the amounts to be expended for said purpose or improvements are not unreasonable or exorbitant; (d) the proposal is an efficient and feasible means of providing services for the needs of the inhabitants of the local unit and will not create an undue financial burden to be placed upon the local unit; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY as follows: Section 1. The application to the Local Finance Board is hereby approved, and the City’s Bond Counsel and Auditor, along with other 8/20/13 representatives of the City, are hereby authorized to prepare such application and to represent the City in matters pertaining thereto. Section 2. The Clerk of the City is hereby directed to prepare and file a copy of the introduced refunding bond ordinance and this resolution with the Local Finance Board as part of such application. Section 3. The Local Finance Board is hereby respectfully requested to consider such application and to record its findings, recommendations and/or approvals as provided by the applicable New Jersey Statute. Roll Call - Ayes: NO. 343- 13 OFFERED BY: SIMS SECONDED BY: BATTAGLIA ______________________________________________________________________ WHEREAS, it is the desire of the City of Hackensack, County of Bergen that the petty cash fund for the Human Services department be rescinded. NOW, THEREFORE, BE IT RESOLVED, that the City of Hackensack, County of Bergen hereby authorizes such action and two copies of the resolution will be filed with the Division of Local Government Services, New Jersey Department of Community Affairs for approval. Roll Call - Ayes: Battaglia, Canestrino, Greenman Sims Labrosse NO. 344- 13 OFFERED BY: BATTAGLIA SECONDED BY: SIMS ________________________________________________________________________ WHEREAS, it is the desire of the City of Hackensack, County of Bergen that the petty cash fund for the Finance department be rescinded. NOW, THEREFORE, BE IT RESOLVED, that the City of Hackensack, County of Bergen hereby authorizes such action and two copies of the resolution will be filed with the Division of Local Government Services, New Jersey Department of Community Affairs for approval. Roll Call - Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 345- 13 OFFERED BY: SIMS SECONDED BY: BATTAGLIA ________________________________________________________________________ WHEREAS, Peggy Neufeld was the former custodian of the Tax Collection Petty Cash Fund; and 8/20/13  WHEREAS, in accordance with N.J.S.A. 40:5-21, the City of Hackensack changed the designation of a custodian to Elisa Coccia; and WHEREAS, Elisa Coccia is bonded in the amount of $600,000 by virtue of a surety bond. NOW, THEREFORE, BE IT RESOLVED, that the City of Hackensack, County of Bergen hereby authorizes such action and two copies of this resolution will be filed with the Division of Local Government Services, New Jersey Department of Community Affairs for approval. Roll Call - Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 346- 13 OFFERED BY: SIMS SECONDED BY: CANESTRINO ____________________________________________________________________ WHEREAS, pursuant to an advertisement in the Record, bids were received for One New 2013 E-350 Super Duty Van with Tow Package Class III; and WHEREAS, two bids were received from All American Ford, Inc., and Beyer Ford; and NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the City of Hackensack award the bid for One New 2013 E-350 Super Duty Van with Tow Package Class III, to All American Ford Inc., 520 River Street, Hackensack, New Jersey, 07601 for the contract price of $21,110.00. BE IT FURTHER RESOLVED, that the Chief Financial Officer has certified that funds are available in current account 3-01-26-300-300-261 in the amount of $21,110.00. Roll Call - Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 347- 13 OFFERED BY: SIMS SECONDED BY: CANESTRINO ______________________________________________________________________ WHEREAS, the City of Hackensack wishes to amend resolution No. 313-13 and change appropriation number 3-01-26-313-313-276 to read 2-01- 26-313-313-276 on purchase order 13-03371 in the same amount of $7,300.00 for Elmwood Services Inc., P.O. Box 5680, Paterson, New Jersey, 07509; and WHEREAS, the total amount of the purchase order will stay the same in the amount of $10,000.00; and WHEREAS, the Chief Financial Officer and the Director of Purchasing recommend that said change order be approved. 8/20/13  NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the City of Hackensack authorizes this change in appropriation number only to Elmwood Services Inc., P.O. Box 5680, Paterson, New Jersey 07509, be and is hereby approved. Roll Call - Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 348- 13 OFFERED BY: SIMS SECONDED BY: CANESTRINO ________________________________________________________________________ WHEREAS, the City of Hackensack publicly advertised requests for Qualifications for Physician Services August 2013 to August 2014 through a fair and open process; and WHEREAS, qualifications were received on July 11, 2013 for Physician Services August 2013 to August 2014 to render services to the City’s Department of Health; and WHEREAS, one qualification was received from Dr. Arthur Chaney and Dr. Dewey Chaney. NOW, THEREFORE, BE IT RESOLVED, that the contract for Physician Services August 2013 to August 2014 be awarded to Dr. Arthur Chaney and Dr. Dewey Chaney, 259 Berry Street, Hackensack, New Jersey 07601 at $100.00 per hour; and BE IT FURTHER RESOLVED, that the Chief Financial Officer has certified that funds are available in the current account of 3-011-27-330-330- 208 from August to December 2013 and funds will be available in the current account 4-01-27-330-330-208 from January to August 2014. Roll Call - Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 349- 13 OFFERED BY: SIMS SECONDED BY: CANESTRINO ________________________________________________________________ WHEREAS, N.J.S.A. 40A:11-11 (5) authorizes contracting units to enter into Cooperative Pricing Agreements; and WHEREAS, the Educational Services Commission of Morris County, hereinafter referred to as the “Lead Agency”, has offered voluntary participation in a Cooperative Pricing System known as the “Educational Cooperative Pricing System” for the purchase of work, materials and supplies; and WHEREAS, the City of Hackensack within the County of Bergen, State of New Jersey, desires to participate in the Educational Cooperative Pricing System. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hackensack as follows: 8/20/13 1. As directed by N.J.S.A. 18A-18A-11 et seq. and pursuant to the provisions of N.J.S.A. 40A:11-11 (5), City Manager, Stephen LoIacono is hereby authorized to enter into a Cooperative Pricing Agreement with the Lead Agency. 2. The Lead Agency shall advertise for and receive bills from vendors who will make equipment and other related goods and services available to participating members of the said Cooperative Pricing System at the agreed upon price. 3. The Lead Agency entering into contracts on behalf of the City of Hackensack shall be responsible for complying with the 54 provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) and all other provisions of the revised statutes of the State of New Jersey. 4. As directed by N.J.S.A. 18A-18A-11 et seq. and pursuant to the provisions of N.J.S.A. 40A:11-11 (5), City Manager, Stephen LoIacono is hereby authorized to enter into a Cooperative Pricing Agreement with the Lead Agency. 5. The Lead Agency shall advertise for and receive bills from vendors who will make equipment and other related goods and services available to participating members of the said Cooperative Pricing System at the agreed upon price. 6. The Lead Agency entering into contracts on behalf of the City of Hackensack shall be responsible for complying with the 54 provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) and all other provisions of the revised statutes of the State of New Jersey. Roll Call - Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 350- 13 OFFERED BY: BATTAGLIA SECONDED BY: CANESTRINO ________________________________________________________________ WHEREAS, the governing body of the City of Hackensack has been advised that an emergency affecting the safety and welfare of the citizens of the City of Hackensack and the general public existed when the Sewers at 689 Main Street, 464 Washington Avenue, Temple Avenue at Target entrance, Vreeland and Washington Avenue and 160 Division Street, became in- operable and in need of repairs; and WHEREAS, the Project Manager notified the City Manager setting forth the circumstances regarding the emergency; and WHEREAS, the governing body is satisfied that an emergency exists and that immediate action is necessary to restore the aforementioned; and WHEREAS, the total cost of these repairs is $19,898.89 which is a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in current account 3-01-26-311-311-204. 8/20/13  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 contract without benefit of public bidding in emergency situations that the vendor J. Fletcher Creamer & Son, Inc., 101 East Broadway, Hackensack, New Jersey, 07601 be paid therefore. Roll Call - Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 351- 13 OFFERED BY: SIMS SECONDED BY: BATTAGLIA ________________________________________________________________ WHEREAS, the governing body of the City of Hackensack has been advised that an emergency affecting the safety and welfare of the citizens of the City of Hackensack and the general public existed when the Catch Basin at 22 Kennedy Street became in-operable and in need of repairs; and WHEREAS, the Project Manager notified the City Manager setting forth the circumstances regarding the emergency; and WHEREAS, the governing body is satisfied that an emergency exists and that immediate action is necessary to restore the aforementioned; and WHEREAS, the total cost of these repairs is $6,000.00 which is a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in current account 3-01-26-311-311-204; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hackensack that pursuant to N.J.S.A. 40A:11-6 which authorizes the governing body to award contracts without benefit of public bidding in emergency situations that the vendor J. Fletcher Creamer & Son, Inc., 101 East Broadway, Hackensack, New Jersey, 07601 be paid therefore. Roll Call - Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 352- 13 OFFERED BY: SIMS SECONDED BY: CANESTRINO 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: 8/20/13  AMOUNT BLOCK LOT NAME REASON $1,377.28 $1,092.54 588 3 21 9.01 Spinelli, C0212 Seo, CheolAntonio Jong & 201 Overpymt Overpymt Maddalena 38 Moonachie Rd 2 212 Wilson StNJ Hackensack, Hackensack, NJ 07601 07601 $1,105.00 336 23 C161A Barli & Associates Overpymt $19,462.08 89 1.01 The LLC Irwin Law Firm 201 SBJ For Morales, E & L 0 Attorney Trust One Lower Notch Rd Account Little FBO Falls, NJ 07424 For 200 S Newman $973.75 336 St Associates 23 C163A Law Offices of LLC Overpymt 80 Main St Suite 410 Anthony D Seymour, West Orange, NJ Esq 07052 For Kaugasian & Montoya $4,753.78 315 21 Michael 39 I Schneck Marinus St 201 SBJ 0 Rochelle Park, NJ Trustee for Moe 07662 Realty LLC 301 So Livingston $2024.00 343 10 C008C Jones, Irene Overpymt Ave 277 Prospect Ave 8C Suite 105 Hackensack, NJ Livingston, NJ 07601 07039 $1,611.00 458 39 Gatto, Janice Overpymt $6,025.94 315 21 Michael I Schneck 201 SBJ For Badim, George 1 160 Summit Ave Trustee for Moe Montvale, NJ 07645 Realty LLC 301 So Livingston $1,836.00 518 7 Arcila, Francisco Overpymt Ave 66 Ross Ave Suite 105 Hackensack, NJ Livingston, NJ 07601 07039 $339,584.2 638 1 Bell Atlantic-NJ Overpymt $6,319.99 315 21 Michael I Schneck 201 SBJ 6 2 Accounts Payable Trustee for Moe P.O. BoxLLC Realty 152206 Irving, TX 75015 301 So Livingston Ave AMOUNT BLOCK LOT NAME Suite 105 REASON $2464.00 602 7 Nieves, Michael Livingston, NJ & Overpmt Maria 07039 144 Willow Ave Hackensack, NJ 07601 $1757.64 216 9 Joseph H Cerame 201 SBJ Esq 0 For Maria Rodriguez 45 Essex St Hackensack, NJ 07601 Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 353-13 8/20/13 OFFERED BY: BATTAGLIA SECONDED BY: CANESTRINO ________________________________________________________________ WHEREAS, New Jersey Transit has funds for the purchase of bus shelters throughout the State of New Jersey; and WHEREAS, the governing body of a municipality in New Jersey or the Board of Chosen Freeholders of a county may apply to the New Jersey Transit Corporation for the purchase and installation of bus shelters at legally designated bus stops; and WHEREAS, the City of Hackensack, in the interest of promoting conservation of energy, traffic safety, and for the convenience of the public, endorses the concept of providing bus shelters within its jurisdiction. NOW, THEREFORE, BE IT RESOLVED, that the application is hereby made by the City of Hackensack to the New Jersey Transit Corporation for the purchase and installation of 1 (one) bus shelter as set forth in Exhibit A, made a part hereof; and BE IT FURTHER RESOLVED, that the City Manager and the City Clerk be authorized to execute an agreement or agreements with New Jersey Transit to arrange for the purchase and installation of the shelters. Roll Call - Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 354- 13 OFFERED BY: BATTAGLIA SECONDED BY: SIMS _______________________________________________________________________ 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: $475.00 is a refund for the Hackensack Summer Playground Program. Refund to: Mrs. Garnell Shumate 345 Prospect Avenue, Apt. 6E Hackensack, New Jersey 07601 Roll Call - Ayes: Battaglia, Canestrinio, Greenman, Sims, Labrosse NO.355-13 OFFERED BY: BATTAGLIA SECONDED BY: CANESTRINO _____________________________________________________________________________ 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# 2039 Holy Trinity Church RA# 2040 Holy Trinity Church 8/20/13  RA# 2041 St. Joseph Church RA# 2042 Hackensack PBA Local No. 9 Civic Association RA# 2043 Hackensack PBA Local No. 9 Civic Association Roll Call – Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 356- 13 OFFERED BY: SIMS SECONDED BY: CANESTRINO ________________________________________________________________ WHEREAS, the following two county board judgments for Block 343 Lot 10 C017D and Block 539 Lot 10 C00B7 were not changed for the tax year 2013 to reflect Tax Board Judgments of tax year 2012; and WHEREAS, the tax bill for 2013 must reflect reduction of 2012 mandated by the state statue: N.J.S.A. 54:3-26 (Freeze Act); and WHEREAS, the following assessment for properties for the tax year 2013 should be: Block 343 Lot 10 C017D 277 Prospect Street Lopez, Karla 2012 and 2013 Land 67,400 67,400 Building 137,000 120,600 Total 204,400 188,000 And Block 539 Lot 10 C00B7 19 Jefferson Avenue Hand, Jacquline Land 83,300 83,300 Building 169,100 149,100 Total 252,400 232,400 ; and NOW, THEREFORE, BE IT RESOLVED, Upon review of the matter said assessment correction is warranted and sanctioned by New Jersey State statute and is in the best interest of the City and resolves the matter for 2013. Roll Call - Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 357- 13 OFFERED BY: SIMS SECONDED BY: CANESTRINO ________________________________________________________________ WHEREAS, Block 124.01 Lot 10, designated as 316 Marvin Avenue was receiving a Senior Citizen deduction in the amount of $250.00 for Doris Canales in 2010; and 8/20/13  WHEREAS, said deduction should have been removed in 2011 when ownership changed and the new owner at that time paid the chargeback for 2011, however ownership changed again in 2012 and the 2012 Senior Citizen chargeback is unpaid and subject to our Tax Lien Sales; and WHEREAS, the buyer’s attorney was unable to reach the seller’s attorney to obtain reimbursement for the 2012 chargeback despite numerous efforts, and the current owner did not benefit from this deduction. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hackensack, that the Tax Collector is hereby authorized to cancel this chargeback. The 2012 chargeback in the amount of $250.00 and this property is now released of going to tax lien sale. Roll Call - Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 358- 13 OFFERED BY: SIMS SECONDED BY: BATTAGLIA _______________________________________________________________________ BE IT RESOLVED by the City Council of the City of Hackensack that the following liquor license be issued in the City of Hackensack, effective July 1, 2013 through June 30, 2014, applicant having complied with the ordinances of the City of Hackensack and any special conditions which may be determined by the City Council, and having paid the required fee: 0223-33-062-006 Green Grill, Inc. $1,500.00 (pocket license) 0223-33-003-009 Donn Pomodoro II Inc. $1,500.00 70 Hackensack Avenue Roll Call - Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 359- 13 OFFERED BY: CANESTRINO SECONDED BY: SIMS _______________________________________________________________________ WHEREAS, the Bergen County Open Space, Recreation, Farmland & Historic Preservation Trust Fund (“County Trust Fund”), provides matching grants to municipal governments and to nonprofit organizations for assistance in the development or redevelopment of municipal recreation facilities; and WHEREAS, the City of Hackensack desires to further the public interest by obtaining a matching grant of $28,135.00 from the County Trust Fund for new play equipment for Columbus Park; and WHEREAS, the Mayor and Council has reviewed the County Trust Fund Program Statement, and the Trust Fund Municipal Program Park Improvement application and instructions and desires to make an application for such a matching grant and provide application information and furnish such documents as may be required; and 8/20/13  WHEREAS, as part of the application process, the governing body held a public hearing on August 20, 2013 to receive comments prior to the submission of this application; and WHEREAS, the County of Bergen shall determine whether the application is complete and in conformance with the scope and intent of the County Trust Fund; and WHEREAS, the City of Hackensack is willing to use the county Trust Fund in accordance with such rules, regulations and applicable statutes, and is willing to enter into an agreement with the county of Bergen for new play equipment for Columbus Park. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack: 1. That it is hereby authorized to submit the above completed project application to the County of Bergen by the deadline of August 29, 2013, as established by the County; and, 2. That, in the event of a County Trust Fund award that may be less than the grant amount requested above, the City of Hackensack has, or will secure, the balance of funding necessary to complete the project, or modify the project as necessary; and 3. That the City of Hackensack is committed to providing a dollar for dollar cash match for the project; and 4. That the City of Hackensack agrees to comply with all applicable federal, state and local laws, rules and regulations in the performance of the project; and 5. That this resolution shall take effect immediately. Roll Call - Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 360- 13 OFFERED BY: SIMS SECONDED BY: BATTAGLIA ________________________________________________________________ RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT CONTRACT WITH STEPHEN LO IACONO WHEREAS, the City of Hackensack (“City”) is chartered as a Municipal- Manager form of government pursuant to N.J.S.A. 40:82-1, et seq.; and WHEREAS, the Manager has been the duly appointed Manager of the City since 2005 and presently continues in that capacity; and WHEREAS, the City has determined that it is desirable to formalize the terms and conditions of employment of the Manager and to thereby: 1) Secure and retain the services of the Manager and to induce the Manager to remain in the employment of the City; and 8/20/13  2) Create an environment for greater work productivity by assuring the Manager’s morale and peace of mind with respect to employment security; and 3) Provide a just and equitable means for terminating the Manager’s services at such time as he may be unable to fully discharge his duties by reason of age or disability or as may be otherwise determined by the City. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hackensack, that the City finds it in its best interests to appoint Stephen Lo Iacono as the Manager for a term not to exceed one year; and BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute a contract with Stephen Lo Iacono for the position of Manager for a term not to exceed one year; and BE IT FURTHER RESOLVED, that the City Clerk be and is hereby directed to retain a copy of the contracts for public inspection. Roll Call - Ayes: Battaglia, Canestrino, Sims, Labrosse Nays: Greenman NO. 361- 13 OFFERED BY: BATTAGLIA SECONDED BY: SIMS _____________________________________________________________________ RESOLUTION QUALIFYING PROFESSIONAL SERVICE PROVIDERS AND AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS WITH SUCH QUALIFIED PROFESSIONALS WHEREAS, it has become necessary for the City of Hackensack (“City”) to engage various professional service providers; and WHEREAS, the City of Hackensack desires to appoint such professionals by a “fair and open process” pursuant to N.J.S.A. 19:44A-20.1 et seq.; and 8/20/13  WHEREAS, the City issued and advertised requests for qualifications (“RFQ’s”) on the City’s website and in official newspapers on Monday, July 8, 2013; and WHEREAS, qualification statements by professionals were submitted to the City by July 18, 2013, at 10:00 a.m.; and WHEREAS, the qualification statements were reviewed to determine applicants that have met the minimum professional, administrative and financial criteria described in the RFQ and based upon the totality of the information contained in the qualification statements, including information about the reputation and experience of each applicant and ability to best serve the needs of the City of Hackensack; and NOW, THEREFORE, LET IT BE RESOLVED, by the Council of the City of Hackensack, that the City finds it in its best interests to qualify the following professional service providers: City Attorney: McElroy, Deutsch, Mulvaney & Carpenter, LLP Labor Attorney: Juan C. Fernandez, Esq. Giblin & Giblin Bond Counsel: Gibbons, PC Wilentz, Goldman & Spitzer, P.A. Tax Appeal Attorney Mark A. Raso, Esq. O'Donnell McCord, P.C. Gittleman, Muhlstock, & Chewcaskie, LLP Eric M. Bernstein & Associates Kaufmann, Semeraro & Leibman, LLP Redevelopment Attorney Archer & Greiner, P.C. Affordable Housing Counsel Jeffrey R. Surenian and Associates Philip M. Meisner, Esq. Special Litigation Counsel 8/20/13 Lite, DePalma, Greenberg, LLC DeCotiis, FitzPatrick & Cole Carmagnola & Ritardi, LLC Rogut McCarthy, LLC Roth D’Aquanni, LLC Chasan, Leyner & Lamparello Florio & Kenny, LLP Grieco & DeFilippo LLC Jon Zunic, Esq. Thomas B. Hanrahan & Associates, LLC Diktas Gillen, P.C. Beattie Padovano, LLC Robert B. Woodruff, Esq. Scott Mooney, Esq. Mariniello & Mariniello, P.C. Dario, Yacker, Suarez & Albert, LLC Consulting Municipal Engineer Boswell McClave Engineering Arcadis Municipal Auditor/Financial Advisor DiMaria & DiMaria, LLP; and BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute contracts with the above qualified professional service providers; and BE IT FURTHER RESOLVED, that the City Clerk be and is hereby directed to retain a copy of the contracts for public inspection. Roll Call - Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 362- 13 OFFERED BY: SIMS SECONDED BY: BATTAGLIA ________________________________________________________________ RESOLUTION AUTHORIZING THE ACCEPTANCE OF BOSWELL McCLAVE ENGINEERING’S PROPOSAL TO PERFORM SURVEYING SERVICES WHEREAS, the City of Hackensack has a need for boundary and topographic surveying to be performed at Redevelopment Lot “C”, Block 308.01, Lots 18.02, 38 and 38.01; and WHEREAS, surveying services are necessary to protect the redevelopment and general welfare of the City; and 8/20/13  WHEREAS, Boswell McClave Engineering, 330 Phillips Avenue, P.O. Box 3152, South Hackensack, New Jersey 07606 (“Boswell”), submitted a proposal to the City to serve as a surveyor to the City, with the total contract amount not to exceed $17,500.00; and WHEREAS, the Mayor and Council has determined that Boswell is qualified to provide the services desired; and WHEREAS, the Mayor and Council finds it to be in the best interests of the City to authorize a contract with Boswell for surveying services, for a total contract amount not to exceed $17,500.00. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack hereby authorizes the contract with Boswell McClave Engineering, 330 Phillips Avenue, P.O. Box 3152, South Hackensack, New Jersey 07606 (“Boswell”), for surveying services for the City to be performed at Redevelopment Lot “C” with the total contract amount not to exceed $11,975.00; and BE IT FURTHER RESOLVED that the appropriate municipal officials shall execute a contract with Boswell; and BE IT FURTHER RESOLVED that the City Treasurer is authorized to process payment to Boswell pursuant to the contract upon receipt of properly completed vouchers; and BE IT FURTHER RESOLVED that the City Clerk shall advertise the award of this contract as required by law; and BE IT FURTHER RESOLVED that a copy of this Resolution shall be forwarded to Boswell and the Construction Code Official. Roll Call - Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 363- 13 OFFERED BY: SIMS SECONDED BY: BATTAGLIA ________________________________________________________________ WHEREAS, the City of Hackensack is the owner of the Recreation Center known as “The Mellone-Mariniello Building” located at 116 Holt Street, Hackensack, New Jersey; and 8/20/13  WHEREAS, the property has a spacious lawn area located west of the building; and WHEREAS, the Hackensack Public School District operates a facility known as the “Early Childhood Development Center” located at 100 South Main Street, Hackensack, New Jersey, which is in the immediate area of 116 Holt Street; and WHEREAS, there are no on-site outdoor recreational facilities at this location and the District has requested, and the City has agreed to grant the District the use of the property upon the terms and conditions set forth in the License Agreement. NOW, THEREFORE, BE IT RESOLVED, that the Mayor be and is hereby authorized to execute a License Agreement with the Hackensack Public School District for the use of this property. Roll Call - Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 364- 13 OFFERED BY: SIMS SECONDED BY: BATTAGLIA ________________________________________________________________ RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE WRITE ASSOCIATES AS PUBLIC RELATIONS CONSULTANTS WHEREAS, there exists in the City of Hackensack a need for a professional public relations consultant to provide services to the City in the areas of marketing and public relations; and WHEREAS, at the July 22, 2013, meeting, the City Council elected the Write Associates, having an address of P.O. Box 1301, West Caldwell, New Jersey 07007 to serve as the professional public relations consultant; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack, that the Mayor of the City of Hackensack is hereby authorized and directed to execute a contract with the Write Associates, having an address of P.O. Box 1301, West Caldwell, New Jersey 07007, to perform the services of professional public relations consultant. 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: Battaglia, Canestrino, Greenman, Sims, Labrosse Mr. Lo Iacono thanked the Council for passing the resolution renewing 8/20/13 his contract. He said that he is thrilled to be able to stay here for a little while longer as there is so much going on and most importantly so many large projects. He also said that Hackensack is a great community with great people and that he looks forward to working with everyone and that he will keep working as hard as he had in the last eight years. A motion was made by Deputy Mayor Canestrino and seconded by Councilman Sims to open the meeting to the public. Mayor Labrosse reminded everyone of the five minute rule and said that there is a clipboard by the Clerk if anyone would like to leave their name, address, etc. Brownita Shariff spoke about the possibility of having an above ground pool and also about splash pads in the park. She further spoke about a multi-cultural center. Claire Shariff said that the teenagers need a skating rink. Debra Smith, a resident of Paterson, asked the Council to pass a resolution opposing the governor’s decision to close developmental centers. Sam Friedman, an Englewood resident, said that he came to support Ms. Smith. Janelle Blackman, Trenton, New Jersey, advised that workers are going to be displaced by the closing of these centers and also asked the Council for their support. Mr. Dimoski (unsure of spelling), 148 Division Place, complained about parking in his area and a problem he was having while trying to obtain parking permits for his tenants. Joe Barretto, Poplar Avenue, questioned whether RFQ’s had been issued for the position of temporary municipal court judge. Tiffany Smith, Prospect Avenue, spoke of problems that her son has been having with the police department. Gwen Jackson spoke about a problem with Ferretti Carting and truck loads of garbage. Regina DiPasqua asked the Council to consider an economic development committee. She also spoke about an issue on Mary Street, a mess on Summit Avenue and a dollar amount on the public relations person. Evelyn Martin-Stuart spoke about the youth of the community and their need for a recreational center. Jason Nunnermacker (present Board of Education member) said that he was in agreement with renewing the City Manager’s contract as consistency is important. He also spoke about the City leasing the Board of Education the lawn area adjacent to the M&M building. Blanche Stuart spoke about racial profiling and Kathy Salvo said that a meeting is needed to discuss the need for a recreation center. She also said that she agrees with Ms. DiPasqua that the position of Economic Development director should not be isolated. Emil Canestrino, Brook Street, said that the new Council has been in office for fifty-one days and already the meetings are being broadcast, garbage is being picked up twice a week, the police substation on Hudson 8/20/13 Street has been closed, the newspaper rack ordinance is being reinstated and the Clerk’s office now remains open for eight hours a day. As no one else wished to be heard, a motion was made by Councilman Battaglia and seconded by Deputy Mayor Canestrino to close the public portion of the meeting. Councilman Battaglia said that he was happy with the increased attendance at the meeting tonight. He also spoke about the proposed recreation building and said that it is something that he has thought about for many years. Further, he voiced his support for a city swimming pool. Deputy Mayor Canestrino said that she would like to echo Mrs. Salvo and that Councilman Sims and Councilman Battaglia have been involved in youth groups for many years. She also said that she was glad to see more residents present tonight and said that the Council needs to hear their concerns as they want to help the citizens. The Deputy Mayor also commented on various agenda items and said that it is a step in the right direction to hire Class II police officers to supplement the police force. As to the future appointment of a director of economic development, the Deputy Mayor said that the City is at a crossroads for future development and needs someone to direct that development. Councilman Sims addressed Miss Sissy’s group and announced that he will be a liaison to work toward the building of a city pool through raising money and helping it to grow. Councilwoman Greenman said that the Council had run on a platform of change as the City needs more unity and transparency. She also said that everyone has to put aside all differences and work together. Councilwoman Greenman also spoke about better budgeting for the City. Mayor Labrosse also addressed Miss Sissy’s concerns and said that the City will need to have a feasibility study done with reference to the location, fiscal feasibility, etc., of a swimming pool. The Mayor also spoke about a new recreation center and said that the community needs this. He also said that he had personally coached children for twenty years and said that the Council is in support of getting kids off the streets. The Mayor addressed the issue affecting the North Jersey Developmental Center and said that the resolution is worthwhile as these programs are necessary. As to Columbus Park, the Mayor agreed that the replacement of the “boat” is long overdue. Mayor Labrosse also spoke about the Council’s decision to retain City Manager Stephen Lo Iacono. He said that he felt that Mr. Lo Iacono deserved a chance to continue as City Manager and that he had worked with Mr. Lo Iacono for the past four years during his term as Councilman. The Mayor further said that there is a lot going on in the City and that it is a necessity to keep Mr. Lo Iacono here and continue to work together. A motion was made by Deputy Mayor Canestrino and seconded by Councilman Sims to adjourn the meeting at 9:35 p.m. _____________________________ Mayor John P. Labrosse, Jr. ______________________ ___________________ Deputy Mayor Kathleen Canestrino 8/20/13  _______________________________________ Councilwoman Rose Greenman _______________________________________ Councilman David Sims _______________________________________ Councilman Leonardo Battaglia __________________________ Debra Heck, City Clerk 8/20/13