City Council

The Regular Meeting of the City Council of the City of Hackensack was held at City Hall, 65 Central Avenue, Hackensack, New Jersey, on Tuesday, September 17, 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 and Councilwoman Rose Greenman. City Manager Stephen Lo Iacono was absent and Art Koster acted in his stead. Joseph Morris, Esq. was present in the absence of Interim City Attorney Thomas P. Scrivo. The approval of minutes was held for the next meeting. City Manager’s report – Mr. Koster gave an update on the super bowl meeting to be held at 9:00 a.m. on September 25, 2013. He also spoke about the cost of the surveillance cameras for Hudson and Main and said that the City will continue to seek grant funding for that project. Mr. Koster updated the Council regarding the video taping of council meetings and said that the City will go out to bid. He also spoke about Anderson Street and said that there had been quite a turn around. NO. 387-13 OFFERED BY: SIMS SECONDED BY: GREENMAN INTRODUCTION OF ORDINANCE NO. 20-2013, AN ORDINANCE AMENDING CHAPTER 146 ENTITLED “SOIL REMOVAL” OF PART II ENTITLED “GENERAL LEGISLATION” OF THE CITY OF HACKENSACK MUNICIPAL CODE BE IT RESOLVED that the above ordinance, being Ordinance 20-2013 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 October 8, 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. Roll Call: Ayes- Battaglia, Canestrino, Greenman, Sims, Labrosse ORDINANCE No. 20-2013 9/17/13  AN ORDINANCE AMENDING CHAPTER 146 ENTITLED “SOIL REMOVAL” OF PART II ENTITLED “GENERAL LEGISLATION” OF THE CITY OF HACKENSACK MUNICIPAL CODE WHEREAS, the City of Hackensack (“Hackensack”) is in need of regulating the movement, removal, and placement of soil; NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF HACKENSACK, as follows: SECTION 1. The City of Hackensack Municipal Code, Part II entitled “General Legislation,” is amended with respect to Chapter 146 entitled “Soil Removal” as follows: § 146-1 Definitions. As used in this chapter, the following terms shall have the meanings indicated: DEPARTMENT – Building, Housing and Land Use Department SOIL – Any and all topsoil, earth, sand, clay, loam, gravel, humus, rock, shale rock or dirt, without regard to the presence or absence therein of organic matter. MOVE – To dig, excavate, deposit, place, fill, grade, regrade, level or otherwise alter of change the location or contour; transport or supply. This term shall not be construed to include plowing, spading, cultivating, harrowing or dicing of soil, or any other operation usually and ordinarily associated with the tilling of soil for agricultural or horticultural purposes. SUITABLE FILL – The applicant shall provide the Department with sufficient documentation, including certified manifests, that the fill is suitable to a particular location. Suitable materials shall include but not limited to materials such as earth, clay, gravel, stone, dirt, recycled concrete, etc. UNSUITABLE FILL – The applicant shall provide the Department with sufficient documentation, including certified manifests, that the fill is not in part or in whole composed of the following unsuitable materials. The unsuitable materials are materials such as peat moss, organic material, vegetation, leaves, tree stumps, wood chips, sawdust, chemical waste, tires, wooden logs, etc. § 146-2 Permit required; fee. A. Except where a building permit has been issued, Editor's Note: See Ch. 70, Building Construction, for provisions relating to issuance of building permits, no person shall excavate or place soil, exceeding 25 cubic yards, on any lot within the boundaries of the municipality without having obtained a permit from the Department. B. The fee for a soil removal permit shall be as set forth in Chapter 107, Licenses and Permits. C. All applicants for development before the Planning or Zoning Board shall seek a soil movement permit. § 146-3 Application requirements. Applications for permits to be issued under this chapter shall be made in writing in duplicate, to the Department, shall be signed by the applicant and shall be accompanied by: A. Three copies of a survey of the premises from which the soil is to be removed or placed, showing the present contour lines and contour grades of the premises and the proposed contour lines and proposed contour grades after such intended removal or placement of soil in relation to the topography of the premises. B. A statement as to the kind of soil to be removed or placed. The place to which each kind and quantity of soil will be moved, and the quantity in cubic yards of soil to be removed or placed. C. Written endorsement of the owner or owners of the lands from which the soil is to be removed, signifying consent to the removal by the applicant. D. Certification that the soil is “clean” and does not contain any contaminants or debris that may be harmful to the environment or adjacent properties and waterways. § 146-4 Approval of permit. 9/17/13 The Department in conjunction with the Municipal Engineer, if required, shall signify approval or disapproval of the application in writing, signed and dated, upon both copies of the application. The Department shall retain the original application and the map and shall return the duplicate of the application to the applicant upon personal request therefore at the office of the Department. Reapplications may be accepted by the Department without the necessity of filing further surveys, provided that no changes in contour lines or grades are indicated in applications subsequent to the original. § 146-5 Disapproval of application; appeal and hearing. In the event of disapproval by the Department of an application for a permit, an applicant shall be given an opportunity to be heard by the Planning Board of the City of Hackensack by filing an application with the Department. § 146-6 Standards for issuance of permit. In considering and reviewing the application for and/or refusal of a permit, the Department shall be guided by and take into consideration the public health, safety and general welfare, as well as the general purpose of municipal planning, with particular consideration to the following factors: A. Soil erosion by water and weather. B. Surface and subsurface water drainage. C. Soil fertility. D. Lateral support, slopes and grades of abutting streets and lands. E. Land values and uses. F. Prior development approvals. G. Public health and safety. H. Preservation of trees and shrubbery. I. Prevention of sharp declivities, pits and depressions. J. Consistency with the Bergen County Soil Conservation District standards. L. The route that the soil-moving vehicles will use, and the adequacy of the public streets to accommodate the same. M. Proximity to wetlands and flood hazard areas. N. Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the City. NO. 388-13 OFFERED BY: CANESTRINO SECONDED BY: BATTAGLIA ___________________________________________________________________________________ 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 $709,985.29 Grants 9,684.48 Payroll 1,469,300.54 Public Parking System 6,797.79 Capital 18,813.50 Trust Account 48,118.35 Total Expenditures 2,262,699.95 Interfunds/Transfers $208,714.52 Roll Call – Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 389-13 9/17/13 OFFERED BY: GREENMAN 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 refunds for the reasons stated: AMOUNT BLOCK LOT NAME YEAR REASON $8023.77 31 2 Schneck Law Group LLC 2011 SBJ Trustee for Egan Realty Assoc 301 South Livingston Ave Suite 105 Livingston, NJ 07039 $11,510.31 31 2 Schneck Law Group LLC 2012 SBJ Trustee for Egan Realty Assoc 301 South Livingston Ave Suite 105 Livingston, NJ 07039 $1,319.01 75.01 6 Carlet Garrison Klien & 2008 SBJ Zaretsky LLP Atty at Law For Rose, Vincent & Giarratana Wm 1135 Clifton Ave Suite 104 P.O. Box 2666 Clifton, NJ 07015 $7,815.60 76 6 Michael A Vespasiano, 2006 SBJ Attorney Trust Account For Modu Tranding Inc 331 Main St Chatham, NJ 07928 $2,321.25 102 8 The Irwin Law Firm 2012 SBJ Trust Account F.B.O. Crown Barrington Inc 80 Main St Suite 410 West Orange, NJ 07052 $10,638.36 209 3 Michael I Schneck Trustee For 2011 SBJ GHLT HOLDINGS LLC 301 South Livingston Ave Suite 105 Livingston, NJ 07039 $5,633.46 248 22.02 Beattie Padovano LLC Trust Acct 2011 SBJ For 167 Summit Ave LLC 50 Chestnut Ridge Rd Ste 208 P.O. Box 244 Montvale, NJ 07645 AMOUNT BLOCK LOT NAME YEAR REASON $3,419.96 312 10 Law Office of Nathan P. Wolf, LLC 2009 SBJ For 260 Main Assoc LLC c/o J. Lombardo 673 Morris Ave Springfield, NJ 07081 $11,216.30 313 6 Law Office of Nathan P. Wolf, LLC 2010 SBJ For 199 Main Assoc CJ. Lombardo 673 Morris Ave Springfield, NJ 07081 $16,218.70 315 32.01 Gittleman, Muhlstock & 2011 SBJ Chewcaskie LLP Attorneys at Law For 241 Main St Realty Corp. 9/17/13  2200 Fletcher Ave 9 W Office Center Fort Lee, NJ 07024 $4,190.63 411 16 McKirdy & Riskin 2012 SBJ Counsellors at Law For Sidber LLC 136 South St P.O. Box 2379 Morristown, NJ 07962 $4,930.34 411 18 McKirdy & Riskin 2012 SBJ Counsellors at Law For Sidber LLC 136 South St P.O. Box 2379 Morristown, NJ 07962 $1,623.60 600 8 William S Winter ESQ 2009 SBJ For 161 Lincoln St LLC 199 Route 18 South East Brunswick, NJ 08816 $1,706.42 600 8 William S Winter ESQ 2010 SBJ For 161 Lincoln St LLC 199 Route 18 South East Brunswick, NJ 08816 $13,623.46 311 17 Law Office of 2010 SBJ Charles A Gruen for 216-218 Main St 381 Broadway Ste 300 Westwood, NJ 07675 $17,269.25 311 17 Law Office of 2011 SBJ Charles A Gruen for 216-218 Main St 381 Broadway Ste 300 Westwood, NJ 07675 $18,111.94 311 17 Law Office of 2012 SBJ Charles A Gruen for 216-218 Main St 381 Broadway Ste 300 Westwood, NJ 07675 $18,221.52 Multiple Multiple CoreLogic Tax Refunds Dept 2013 Overpymts For: See Spreadsheet 1 Corelogic Dr DFW 1-3 Westlake, TX 76262 $333.87 237 2.B CG170 Chapman, Kasoon 2012 Overpymt 301 Beech St Apt 11D Hackensack, NJ 07601 $537.63 237 2.B CG170 Chapman, Kasoon 2013 Overpymt 301 Beech St Apt 11D Hackensack, NJ 07601 $41.00 237 2.B CG170 Chapman, Kasoon 2014 Overpymt 301 Beech St Apt 11D Hackensack, NJ 07601 $34.24 330 15 Butler, Isrea & Aleksandra 2013 Ovrpymt 5880 Ridgewood Ave., Apt. L 101 Jackson, MS 39211 Roll Call – Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse 9/17/13  NO. 390-13 OFFERED BY: GREENMAN SECONDED BY: CANESTRINO ________________________________________________________________________ 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; and 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 $60,000 which is now available from: Miscellaneous Revenues: Special Items of General Revenue Anticipated With Prior Written Consent of the Director of the Division of Local Government Services: State and Federal Revenues Off-set with Appropriations: 2013 Safe and Secure Communities in the amount of $60,000. BE IT FURTHER RESOLVED, that the like sum of $60,000 is hereby appropriated under the caption of : General Appropriations: (a) Operations Excluded from CAPS State and Federal Programs Off-Set by Revenues: 2013 Safe and Secure Communities Other Expenses; and BE IT FURTHER RESOLVED, that the above is the result of funds from the State of New Jersey, Office of the Attorney General, Department of Law and Public Safety in the amount of $60,000. Roll Call – Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 391-13 OFFERED BY: CANESTRINO SECONDED BY: SIMS ________________________________________________________________ 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 9/17/13  WHEREAS, the Director may also approve the insertion of an item of appropriation for equal amount; and 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 $5,000 which is now available from: Miscellaneous Revenues: Special Items of General Revenue Anticipated With Prior Written Consent of the Director of the Division of Local Government Services: State and Federal Revenues Off-set with Appropriations: 2013 Emergency Management Performance Grant in the amount of $5,000; and BE IT FURTHER RESOLVED, that the like sum of $5,000 is hereby appropriated under the caption of : General Appropriations: (a) Operations Excluded from CAPS State and Federal Programs Off-Set by Revenues: 2013 Emergency Management Performance Grant Other Expenses. BE IT FURTHER RESOLVED, that the sum of $5,000 representing the amount required for the municipality’s share of the aforementioned undertaking or improvement appears in the budget of the year 2013 under the caption Emergency Management Services Salaries and Wages and is hereby appropriated under the caption of Salaries and Wages; and BE IT FURTHER RESOLVED, that the above is the result of funds from the State of New Jersey, Department of Law and Public Safety in the amount of $5,000. Roll Call – Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 392- 13 OFFERED BY: CANESTRINO SECONDED BY: BATTAGLIA ________________________________________________________________________ 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 9/17/13  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 WHEREAS, the City found it in its best interests to qualify certain professional service providers on August 20, 2013; and WHEREAS, the City finds it in its best interests to now assign certain professional service providers to various positions, matters and assignments; 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 assign the following professional service providers to the following positions, matters and assignments: 1. City Attorney McElroy, Deutsch, Mulvaney & Carpenter, LLP (Compensation will not exceed $200,000.00 without the express written authorization of the City ) 2. Labor Attorney Juan C. Fernandez, Esq. (Compensation will not exceed $100,000.00 without the express written authorization of the City ) 3. Tax Appeal Attorney Mark A. Raso, Esq. (Compensation will not exceed $100,000.00 without the express written authorization of the City ) 4. Affordable Housing Counsel Jeffrey R. Surenian and Associates (Compensation will not exceed $100,000.00 without the express written authorization of the City ) 5. Special Litigation Counsel (Compensation will not exceed $40,000.00 without the express written authorization of the City for the following professional service providers ) a. Labor and Employment Investigations 9/17/13  Carmagnola & Ritardi, LLC b. Michael J. Monaghan, Frank Callaghan, Danny Callaghan 62- 64 Main Street, LLC and 59 to 61 Morris Street, LLC v. The City of Hackensack, et. al. Litigation Thomas B. Hanrahan & Associates, LLC (Representation of Charles Zisa, Joseph Zisa and John Zisa) Ditkas Gillen, PC (Representation of Karen Sasso, Jorge E. Meneses, Marlin G. Townes, Michael R. Melfi, and Charles P. Mc Auliffe) c. Charles Zisa v. City of Hackensack, et. al. Litigation Dario, Yacker, Suarez & Albert, LLC (Representation of the City of Hackensack) Ditkas Gillen, PC (Representation of Anthony Ferraioli) BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute contracts with the above 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. 393- 13 OFFERED BY: SIMS SECONDED BY: BATTAGLIA ________________________________________________________________ WHEREAS, it is mandatory for the Hackensack Health Department to have a licensed Health Officer as per the New Jersey Practice Standards for Public Health at N.J.A.C. 8:52; and WHEREAS, a Health Officer should be available at all times of operation to address any questions or concerns that may arise relating to public health; and WHEREAS, there is only one Health Officer employed by the City of Hackensack; and WHEREAS, there will be times when the Health Officer is unavailable due to occasions of illness or use of vacation time; and WHEREAS, the Paramus Health Department has a full-time Health Officer. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the City of Hackensack that: 1. The Hackensack Health Department is authorized to enter into an inter-local agreement with the Paramus Health Department. 2. The inter-local agreement will establish that the Health Officers for both Hackensack and Paramus will be available to substitute in for the other at times of need when one is unavailable due to illness or use of vacation time. 9/17/13  Roll Call - Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 394- 13 OFFERED BY: GREENMAN 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 general public of the City of Hackensack existed when various motor vehicle accidents occurred and repairs were needed when the controllers became in- operable on Passaic at Summit Avenue; and WHEREAS, the Signals department notified the City Manager setting forth the circumstances regarding this emergency; and WHEREAS, the cost of all the repairs is $6,394.29 which is fair and reasonable, and Allan Briteway Electric has supplied all materials and overhead for such; and WHEREAS, the Chief Financial Officer has certified that funds are available in account 3-01-25-240-242-267 of the current account; and NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hackensack that pursuant to N.J.S.A. 40A:11-6 which authorized the governing body to pay Allen Briteway Electric Contractors, Inc., 130 Algonquin Parkway, Whippany, New Jersey, 07981 for this emergency and therefore be paid. Roll Call - Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 395- 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 general public of the City of Hackensack existed when various motor vehicle accidents occurred and repairs were needed when the controllers became in- operable on Passaic and State Street; and WHEREAS, the Signals department notified the City Manager setting forth the circumstances regarding this emergency; and WHEREAS, the cost of all the repairs is $7,822.73 which is fair and reasonable, and Allan Briteway Electric has supplied all materials and overhead for such; and WHEREAS, the Chief Financial Officer has certified that funds are available in account 3-01-25-240-242-267 of the current account; and NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hackensack that pursuant to N.J.S.A. 40A:11-6 which authorized 9/17/13  the governing body to pay Allen Briteway Electric Contractors, Inc., 130 Algonquin Parkway, Whippany, New Jersey, 07981 for this emergency and therefore be paid. Roll Call - Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 396- 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 refund for the reason stated: $19.00 is a refund for an AB license issued by the Hackensack Police Department. Refund to: Ms. Karen V. Quashie 11 Clarendon Place Hackensack, New Jersey, 07601 Roll Call - Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 397- 13 OFFERED BY: BATTAGLIA SECONDED BY: SIMS ________________________________________________________________ WHEREAS, Joel Orlando Mella, Sanitation Worker, has requested an extension of his Leave of Absence without pay for one month for personal reasons; and WHEREAS, City Manager, Stephen LoIacono has determined that this employee be granted an extension of his Leave of Absence for one month, commencing Monday, September 23, 2013, and ending on Sunday, October 20, 2013. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hackensack, that Joel Orlando Mella, Sanitation Worker, be granted an extension of his Leave of Absence for one month, without pay, as requested; and BE IT FURTHER RESOLVED, that a certified copy of this Resolution be forwarded to the employee’s pension system by the Chief Financial Officer. Roll Call - Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 398- 13 OFFERED BY: SIMS SECONDED BY: GREENMAN ________________________________________________________________ 9/17/13  WHEREAS, the City of Hackensack received proposals for Recycling for the City of Hackensack and Maywood for Recyclable Paper and Comingle materials on September 10, 2013; and WHEREAS, four proposals were received from Atlantic Coast Fibers LLC., Green Sky Industries, Inc., Galaxy Recycling, Inc. and Waste Management; and WHEREAS, it is the recommendation of the Recycling Coordinator to award the contract for Recycling for the City of Hackensack and Maywood to Atlantic Coast Fibers LLC. NOW, THEREFORE, BE IT RESOLVED, that the contract for Recycling for the City of Hackensack and Maywood be awarded to Atlantic Coast Fibers LLC, 101 7th Street, Passaic, New Jersey, 07055. Roll Call - Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 399- 13 OFFERED BY: GREENMAN SECONDED BY: CANESTRINO ________________________________________________________________ WHEREAS, the Governing Body desires to resolve the litigation captioned Grace Acquaye v. City of Hackensack, et als., Superior Court of New Jersey, Law Division, Bergen County, Docket No. BER-L-808-12. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Hackensack, that the City attorney is authorized to settle said claim and execute the requisite settlement documents; and BE IT FURTHER RESOLVED, that the City Clerk be and is hereby directed to retain a copy of the settlement documents for public inspection. Roll Call - Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 400- 13 OFFERED BY: SIMS SECONDED BY: CANESTRINO ________________________________________________________________ WHEREAS, the Governing Body desires to resolve the litigation captioned Nina Galbo v. City of Hackensack, et als., Superior Court of New Jersey, Law Division, Bergen County, Docket No. BER-L-7690-11. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Hackensack, that the City attorney is authorized to settle said claim and execute the requisite settlement documents; and 9/17/13  BE IT FURTHER RESOLVED, that the City Clerk be and is hereby directed to retain a copy of the settlement documents for public inspection. Roll Call - Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 401-13 OFFERED BY: GREENMAN SECONDED BY: SIMS ________________________________________________________________ WHEREAS, the Governing Body desires to resolve the litigation captioned Damaris Fernandez v. City of Hackensack, et als., Superior Court of New Jersey, Law Division, Bergen County, Docket No. BER-L-10423-11. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Hackensack, that the City attorney is authorized to settle said claim and execute the requisite settlement documents; and BE IT FURTHER RESOLVED, that the City Clerk be and is hereby directed to retain a copy of the settlement documents for public inspection. Roll Call - Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 402-13 OFFERED BY: GREENMAN SECONDED BY: SIMS ________________________________________________________________ WHEREAS, an emergency has arisen with respect to tax appeals and, no adequate provision was made in the CY2013 budget for the aforesaid purpose, and N.J.S. 40A:4-46 provides for the creation of an emergency appropriation for the purpose mentioned above; and WHEREAS, the total amount of the emergency appropriations created, including the appropriation to be created by this resolution is $5,500,000.00 and three (3) percent of the total operating appropriations in the budget for CY2012 is $2,428,897.00; and WHEREAS, the foregoing appropriation together with prior appropriations exceeds three (3) percent of the total operating appropriations in the budget for CY2012. NOW, THEREFORE, BE IT RESOLVED, that in accordance with N.J.S. 40A:4-49, petition be made to the Director of the Division of Local Government Services for permission to exceed the statutory limitation of 3 percent for the creation of an appropriation for the purpose set forth in the preamble in accordance with the following: 9/17/13  1. An emergency appropriation is hereby made for Tax Appeals in the amount of $5,500,000.00. 2. That said emergency appropriation shall be provided from a refunding bond ordinance to be adopted prior to December 31, 2013, or will be funded in full in the CY2014 budget; $2,428,897.00 is requested to be excluded from “CAPS”, and $3,071,103.00 within “CAPS” pursuant to N.J.S. 40A:4-53.3c(1). 3. Than an Emergency Note not in excess of the above amount be authorized pursuant to N.J.S. 40A:4-51. 4. That such note shall be executed by Tammy Zucca, Chief Financial Officer. 5. That such note shall be dated prior to December 31, 2013, may be renewed from time to time, and such note and any renewals shall be payable on or before December 31, 2014. 6. That the statement required by the Local Finance Board has been filed with the Clerk and a copy transmitted to the Director of the Division of Local Government Services. 7. That two (2) certified copies of this resolution be filed with the Director of the Division of Local Government Services. 8. The Chief Financial Officer is hereby authorized to sell said notes and any renewals thereof from time to time, at not less than par and accrued interest and to determine within the limitations prescribed by the resolution, the date, principal amount, maturity date, and denomination of said note, and the rate of interest said notes shall bear and to deliver such notes upon receiving the purchase price to be paid therefor. Roll Call - Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse NO. 403- 13 OFFERED BY: SIMS SECONDED BY: CANESTRINO ________________________________________________________________ BE IT RESOLVED, by the Mayor and Council of the City of Hackensack that Regina DiPasqua is hereby appointed to the Planning Board to fill the unexpired term of Joanne Colon, which expires December 31, 2015. Roll Call - Ayes: Battaglia, Canestrino, Greenman, Sims, Labrosse A motion was made by Deputy Mayor Canestrino and seconded by Councilman Sims to open the meeting to the public. Victor Sasson, 261 Euclid Avenue, said that Lot C would be a perfect location for a municipal pool. He also spoke about plans for apartments on the Record site and said that it is a flood zone. He also asked for a resolution re: growing of tax exempt properties in the City and asked for a review of the use of City cars. Jhamal Rahman, 180 Prospect Avenue, #3, said that he is a school crossing guard and he spoke about prescription cards, etc., and said that there had been no answers from the union representative. He also spoke about the intersection of First and Berry street, and no parking within 50 9/17/13 feet. Art Koster said he will contact the traffic division about this and told Mr. Rahman that negotiations with crossing guards will begin soon. Marina Ariza, said that she had come to a meeting back in April to speak about one hour parking in the area of Hudson Street near Kansas Street. Mr. Koster will look into this. Jorge Santimaria, owner of 129 Hudson Street, also spoke about the parking problem. Harry Draper, 125 Hudson Street, also spoke about parking problems near Hudson Street. He is asking for resident parking permits, and said that he had spoken to Director Mordaga. Mr. Incalcatera, 43 Broadway, spoke about one hour parking on Hudson Street, and said that maybe it should be changed to two hour. He also spoke about the renting of Padre Pio, use of the M&M parking lot, etc. He said that a 25 m.p.h. speed limit sign is needed on his street. He further said that Director Mordaga has made a big improvement in the neighborhood, and he asked the City attorney to look into the legality of speed bumps. Louise Scott, Stanley Place, asked for a raise for crossing guards. She said that her post is on the corner of Railroad and Berry Street, and that there is a lot of traffic and a lot of kids. She also said that the school guards are just as important as the cops are. Yvonne, 10th grader at Hackensack high school, said that it is hot in school, and that you can’t open the windows. She also said that the students can’t drink water but the teachers can. She also thanked the Council for considering the rec center. Kathy Salvo, 184 Hudson Street, spoke about parking in the area and in the M&M building parking lot. She said that the police need to put up signs, and also spoke about school zones, speed bumps, road marking, etc.. She said that Hudson Street is a mixed use, business zone. She also spoke about the bill for the traffic light on Summit Avenue and said that it is a county road, so why isn’t the County paying this bill? Mr. Koster told her that the City is pursuing reimbursement from the DOT. Ms. Salvo also said that Anderson Street looks very nice and that property owners should be responsible. New garbage cans are also needed. Ms. Santimarina, one of the owners of the house on Hudson Street, asked if the Council could help them get a parking permit. The Council will look into this. Peter Marchesani, 65 Davis Avenue, asked for portable speed bumps on Davis Avenue. He also spoke about the Summit and Passaic traffic signal, and the recycling and garbage pickup for Maywood. He spoke about old sidewalks, and said that the search engine on city codes is very good. He further raised questions about the trimming of tree roots and asked if you need a sidewalk. Regina DiPasqua, Parker Avenue, thanked the Council and said that she looks forward to working with them. She asked for clarification on professional services and said that it is great to see the settlement of the tax appeal problem which was inherited. She commended Director Mordaga for uncovering the problem with the Board of Education and said that she will be attending a Board of Education meeting. She also spoke about the area near Bergen and State and said that the barriers are dangerous for motorists. With reference to the BCUA meeting, October 2, 2013 at 10:00 a.m., she 9/17/13 asked if the City would be sending a representative to the meeting and was advised yes, probably more than one. A motion was offered by Deputy Mayor Canestrino and seconded by Councilman Sims to close meeting to the public. Councilman Battaglia spoke about working with Director Mordaga re: people speeding in the City, as well as looking into speed bumps. With reference to the young lady who said that it is hot in school, he advised her that she needs to go to the Board of Education meeting. He also said that he will work on parking issues. Deputy Mayor Canestrino thanked everyone for coming and said that it is great that you come to the meetings with your problems and also to suggest some solutions. She said that the tax appeals are very upsetting to look at all of this money. However, the Council will do whatever is right for the City, this is an inherited problem. With reference to the Board of Education issue, she said that there is a lot of misinformation floating around and that the primary concern of the Council is safety. The Deputy Mayor also congratulated Regina DiPasqua on her appointment to the planning board. Councilman Sims spoke about the crossing guards and said that hopefully they can get a contract. He also spoke about the Hudson Street problem and said that he had attended an event at the Fiesta honoring three African American principals. Councilwoman Greenman said that she appreciated everyone coming and also reminded everyone about the Library book sale. She spoke about donating and buying books and asked people to donate their time to the Library. She also asked if anyone had computers or technology knowledge, and she advised that she is a Library trustee. She offered congratulations to Regina DiPasqua and welcomed her aboard. She said that she is very upset about the situation with the Board of Education and that the Council will work diligently to find an appropriate solution to the problem. Councilwoman Greenman also said that the tax appeals are an inherited problem. Mayor Labrosse said that the first part of a soil removal ordinance had been passed tonight which governs contaminated soil which must be inspected. He also spoke about the tax appeals and also said that they were inherited (5.5 million dollars, but professionals are working on this.) He said that it is great to get the RFQ’s on board and that it is great to see the health officer situation (shared services). The Mayor also spoke about the M&M building and watching closely about signage. He spoke about the issue with the Board of Education and said that it is important to start negotiations and the investigation process to see how this happened and why it happened. He also asked Mr. Morris to investigate what happened and said that the Council will see if we can work together on this. He spoke about the need for police presence at the school every day. Mayor Labrosse also congratulated Ms. DiPasqua for being appointed to the planning board. The meeting was adjourned at 8:20 p.m. _____________________________ Mayor John P. Labrosse, Jr. ______________________ ___________________ Deputy Mayor Kathleen Canestrino 9/17/13  _______________________________________ Councilwoman Rose Greenman _______________________________________ Councilman David Sims _______________________________________ Councilman Leonardo Battaglia __________________________ Debra Heck, City Clerk 9/17/13