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 Monday, August 4, 2014, at 8:00pm. Mayor Labrosse called the meeting to order and Regina Angelo 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. Ms. Angelo called the roll: Present – Mayor John P. Labrosse, Jr., Deputy Mayor Canestrino, Councilman Leonardo Battaglia, Councilman David Sims, and Councilwoman Greenman were present. Interim City Manager Art Koster and Attorney Joseph Morris was in attendance for City Attorney Thomas P. Scrivo. Regina Angelo was in attendance for City Clerk Deborah Karlsson. No minutes available for approval. Moment of silence observed for the death of Councilman Battaglia’s father. Flag Salute City Manager’s Report – Mr. Koster updated Council about Van Wettering sidewalk and white goods complaint. Building department has attended to the sidewalks and the constable has been there keeping an eye out for illegal white good dumping. They did not have a C.O. The “Z” cut-outs in the road way will be milled and paved after PSE&G has completed their work on the roadways. Quarterly Tax Bills will be mailed out the week of August 11th with a due date of September 4th. They must be in the office by 4pm. No extra grace time will be added past the 4:00 pm deadline. Cameras on Hudson Street were installed and everything should be completed and running by the end of this week. The new Hackensack website should be up and running soon. It will include the redevelopment email blasts to residents and developers to keep everyone informed. August 5 th is National Night Out from 6-7:30pm and a concert on The Green will follow at 7:30pm featuring Filet of Soul. Congratulate Councilman Sims for the Hackensack Junior Basketball. It was a great weekend. Council Intr Secon Abstai Excuse Member o d Yes No n Absent d Battaglia x Deputy Mayor Canestrino x x Sims x x Greenman x Mayor Labrosse x CITY OF HACKENSACK RESOLUTION NO. 263-14 RE-INTRODUCTION OF ORDINANCE NO. 24-2014, REFUNDING BOND ORDINANCE OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY (THE “CITY”) PROVIDING FOR THE PAYMENT OF AMOUNTS OWING TO OTHERS FOR TAXES LEVIED IN THE CITY APPROPRIATING $8,650,000 THEREFOR AND AUTHORIZING 1 8/4/14  THE ISSUANCE OF NOT TO EXCEED $8,650,000 AGGREGATE PRINCIPAL AMOUNT OF BONDS OR NOTES OF THE CITY FOR FINANCING THE COST THEREOF BE IT RESOLVED that the above ordinance, being Ordinance 24-2014 as re-introduced, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held on August 18, 2014 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 re- introduction and passage on first reading and of the time and place when and where said ordinance will be further considered for final passage. CITY OF HACKENSACK BOND ORDINANCE 24-2014 REFUNDING BOND ORDINANCE OF THE CITY OF HACKENSACK, COUNTY OF BERGEN, NEW JERSEY AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $8,650,000 AGGREGATE PRINCIPAL AMOUNT OF REFUNDING BONDS AND/OR REFUNDING NOTES OF THE CITY FOR THE PURPOSE OF PAYING AMOUNTS OWING TO VARIOUS TAXPAYERS FOR TAXES LEVIED IN THE CITY AND APPROPRIATING THE PROCEEDS OF SUCH REFUNDING BONDS/REFUNDING NOTES TO SUCH PURPOSE WHEREAS, pursuant to the Local Bond Law, N.J.S.A. 40A:2-1 et seq., as amended and supplemented (the “Local Bond Law”), the City of Hackensack, County of Bergen, State of New Jersey (the “City”) has determined to provide for the payment of tax appeal judgments and settlements with various taxpayers, plus costs associated with such appeals and the issuance of Refunding Obligations (as hereinafter defined), through the issuance by the City of refunding bonds (the “Refunding Bonds”) and/or refunding notes (the “Refunding Notes”) in an aggregate principal amount not to exceed $8,650,000 (the Refunding Bonds and the Refunding Notes shall be referred to herein collectively, as the “Refunding Obligations”), as provided in this refunding bond ordinance; and WHEREAS, such amounts are currently owed to taxpayers based upon judgments and settlements of various property tax appeals; and WHEREAS, the City now desires to authorize the issuance of not to exceed $8,650,000 in Refunding Obligations to pay its current tax liabilities to taxpayers. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring) AS FOLLOWS: Section 1. In order to finance the purposes described in Section 2 hereof, negotiable Refunding Obligations of the City are hereby authorized to be issued in an aggregate principal amount not to exceed $8,650,000. The proceeds of the Refunding Obligations are hereby appropriated to the purposes described in Section 2 hereof. Section 2. (a) The purposes for which the Refunding Obligations are to be issued are paying tax appeal judgments and settlements with various taxpayers, as set forth in the List of Settled Appeals, which list is available for inspection in the Office of the City Clerk, in an amount not to exceed $8,650,000 including all costs associated with such appeal, and including paying the costs of issuance relating to the Refunding Obligations, including, but not limited to, printing, advertising, accounting, financial and legal services, rating agency fees, underwriter’s discount, and bond insurance premiums, if any. 2 8/4/14  (b) The aggregate cost of issuing the Refunding Obligations and all costs associated with the aforesaid tax appeal judgments and settlements, as provided by N.J.S.A. 40A:2-51(b), shall not exceed $100,000, which amount includes all items described in Section 2(a) hereof. Such amount is included in the maximum authorized aggregate principal amount of Refunding Obligations set forth in Section 1 hereof. Section 3. Any further provisions as to terms of sale, deposit, security regulation, investment, reinvestment, disposition or application of the proceeds of the Refunding Obligations, and matters in connection therewith, shall be determined by resolution of the City adopted prior to the issuance of the Refunding Obligations, except that refunding notes shall be issued in accordance with the provisions of Section 4 and Section 12 of this refunding bond ordinance and no subsequent resolution of the City is required to be adopted to authorize the issuance of refunding notes. Section 4. All other matters relating to the Refunding Bonds shall be performed or determined by subsequent resolution of the City, or the performance or determination thereof shall be delegated by resolution of the City to a financial officer of the City. Section 5. A certified copy of this refunding bond ordinance, as introduced and adopted upon first reading, shall be filed with the Director of the Division of Local Government Services, in the New Jersey Department of Community Affairs prior to final adoption hereof, together with the statement signed by the Chief Financial Officer of the City required by N.J.S.A. 40A:2-55. Section 6. The full faith and credit of the City are hereby pledged to the punctual payment of the principal of and the interest on the Refunding Obligations. The Refunding Obligations shall be direct, unlimited obligations of the City, and, unless paid from other sources, the City shall be obligated to levy ad valorem taxes upon all the taxable property within the City for the payment of the Refunding Obligations and the interest thereon without limitation as to rate or amount. Section 7. After passage upon first reading of this refunding bond ordinance, the City Clerk is hereby authorized and directed to publish a summary of this refunding bond ordinance, together with the “NOTICE OF PENDING BOND ORDINANCE” (with appropriate completions, insertions and corrections), at least once in a newspaper qualified under N.J.S.A. 40A:2-19, at least seven (7) days prior to the date of the public hearing and further consideration for final passage (which date shall be at least ten (10) days after introduction and first reading). The City Clerk is further directed to comply with all provisions of N.J.S.A. 40A:2-17(b) regarding postings, publications, and the provision of copies of this refunding bond ordinance. Section 8. After final adoption of this refunding bond ordinance by the City Council, the City Clerk is hereby directed to publish a summary of this refunding bond ordinance, as finally adopted, together with the “NOTICE OF ADOPTION OF BOND ORDINANCE” (with appropriate completions, insertions and corrections), at least once in a newspaper qualified under N.J.S.A. 40A:2-19. Section 9. The City Council hereby covenants on behalf of the City to take any action necessary or refrain from taking such action in order to preserve the tax- exempt status of the Refunding Obligations authorized hereunder as is or may be required under the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder (the “Code”), including compliance with the Code with regard to the use, expenditure, investment, timely reporting and rebate of investment earnings as may be required thereunder. Section 10. All Refunding Notes issued hereunder shall mature at such times as may be determined by the Chief Financial Officer of the City, provided that no note shall mature later than one (1) 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 of the City shall determine all matters in connection 3 8/4/14 with the notes issued pursuant to this refunding bond ordinance and the signature of the Chief Financial Officer upon the notes shall be conclusive evidence as to all such determinations. All notes issued hereunder may be renewed from time to time in accordance with the provisions of the Local Bond Law. The Chief Financial Officer is hereby authorized to sell part or all of the notes from time to time at a public or private sale and to deliver them to the purchaser thereof upon receipt of payment of the purchase price and accrued interest thereon 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 refunding bond ordinance is made. Such report must include the principal amount, the description, the interest rate, and the maturity schedule of the notes so sold, the price obtained and the name of the purchaser. Section 11. The supplemental debt statement required by the Local Bond Law has been duly made and filed in the Office of the Clerk of the City and a complete executed duplicate thereof has been filed in the Office of the Director of the Division of Local Government Services, New Jersey Department of Community Affairs, and such statement shows the gross debt of the City as defined in the Local Bond Law is increased by the authorization of the bonds or notes provided for in this refunding bond ordinance by $8,650,000 and the said obligations authorized by this refunding bond ordinance will be within all debt limitations prescribed by said Local Bond Law. Section 12. This refunding bond ordinance shall take effect twenty (20) days after the first publication hereof after final adoption, as provided in the Local Bond Law, but not prior to the time that the consent of the Local Finance Board in the Division of Local Government Services, New Jersey Department of Community Affairs has been endorsed upon a certified copy of this refunding bond ordinance as finally adopted, as provided by N.J.S.A. 40A:2-55. Council Intr Secon Abstai Excuse Member o d Yes No n Absent d Battaglia x Deputy Mayor Canestrino x x Sims x x Greenman x Mayor Labrosse x CITY OF HACKENSACK RESOLUTION NO.264-14 INTRODUCTION OF ORDINANCE NO. 25-2014, BOND ORDINANCE PROVIDING FOR ATLANTIC STREET PARK IMPROVEMENTS, BY AND IN THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY; APPROPRIATING $650,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $617,500 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF BE IT RESOLVED that the above ordinance, being Ordinance 25-2014 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 August 18, 2014 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 4 8/4/14  CITY OF HACKENSACK ORDINANCE NUMBER 25-2014 BOND ORDINANCE PROVIDING FOR ATLANTIC STREET PARK IMPROVEMENTS, BY AND IN THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY; APPROPRIATING $650,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $617,500 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY (not less than two-thirds of all the members thereof affirmatively concurring), AS FOLLOWS: SECTION 000000000. The improvement described in Section 3 of this bond ordinance is hereby authorized as a general improvement or purpose to be undertaken by the City of Hackensack, in the County of Bergen, State of New Jersey (the "City"). For the said improvement or purpose stated in Section 3, there is hereby appropriated the sum of $650,000, said sum being inclusive of $32,500 as the amount of down payment for said improvement or purpose as required by the Local Bond Law, N.J.S.A. 40A:2-1 et seq. (the “Local Bond Law”). The down payment is now available by virtue of a provision or provisions in a previously adopted budget or budgets of the City for down payment or for capital improvement purposes. SECTION 0. For the financing of said improvement or purpose described in Section 3 hereof, and to meet the part of said $650,000 appropriation not provided for by application hereunder of said down payment, negotiable bonds of the City are hereby authorized to be issued in the principal amount of $617,500 pursuant to the Local Bond Law. In anticipation of the issuance of said bonds and to temporarily finance said improvement or purpose, negotiable notes of the City in a principal amount not exceeding $617,500 are hereby authorized to be issued pursuant to and within the limitations prescribed by said Local Bond Law. SECTION 0. (a) The improvements hereby authorized and purpose for the financing of which said obligations are to be issued is for the undertaking of Atlantic Street park improvements including the construction of a new public park with an open-air performance stage, all site work and the acquisition and installation of all plantings and equipment and including all engineering and design work, surveying, construction 5 8/4/14 planning, preparation of plans and specifications, permits, bid documents, construction inspection and contract administration, and all work, materials, equipment, labor and appurtenances necessary therefor or incidental thereto. (b) The estimated maximum amount of bonds or notes to be issued for said purpose is $617,500. (c) The estimated cost of said purpose is $650,000. SECTION 0. In the event the United States of America, the State of New Jersey and/or the County of Bergen make a contribution or grant in aid to the City for the improvement and purpose authorized hereby and the same shall be received by the City prior to the issuance of the bonds or notes authorized in Section 2 hereof, then the amount of such bonds or notes to be issued shall be reduced by the amount so received from the United States of America, the State of New Jersey and/or the County of Bergen. In the event, however, that any amount so contributed or granted by the United States of America, the State of New Jersey and/or the County of Bergen shall be received by the City after the issuance of the bonds or notes authorized in Section 2 hereof, then such funds shall be applied to the payment of the bonds or notes so issued and shall be used for no other purpose. This Section 4 shall not apply, however, with respect to any contribution or grant in aid received by the City as a result of using funds from this bond ordinance as “matching local funds” to receive such contribution or grant in aid. SECTION 0. All bond anticipation notes issued hereunder shall mature at such times as may be determined by the Chief Financial Officer of the City, provided that no note shall mature later than one (1) 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 of the City. The Chief Financial Officer of the City shall determine all matters in connection with the notes issued pursuant to this bond ordinance, and the signature of the Chief Financial Officer of the City upon the notes shall be conclusive evidence as to all such determinations. All notes issued hereunder may be renewed from time to time in accordance with the provisions of N.J.S.A. 40A:2-8.1. The Chief Financial Officer of the City 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 purchaser thereof upon receipt of payment of the purchase price and accrued interest thereon from their dates to the date of delivery thereof. The 6 8/4/14 Chief Financial Officer of the City 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 bond ordinance is made. Such report must include the principal amount, the description, the interest rate, and the maturity schedule of the notes so sold, the price obtained and the name of the purchaser. SECTION 0. The capital budget of the City is hereby amended to conform with the provisions of this bond ordinance and to the extent of any inconsistency herewith, a resolution in the form promulgated by the Local Finance Board showing full detail of the amended capital budget and capital programs as approved by the Director of the Division of Local Government Services will be on file in the office of the Clerk and will be available for public inspection. SECTION 0. The following additional matters are hereby determined, declared, recited and stated: (0) The purpose described in Section 3 of this bond ordinance is not a current expense and is an improvement which 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. (0) The period of usefulness of said purposes within the limitations of said Local Bond Law, according to the reasonable life thereof computed from the date of the said bonds authorized by this bond ordinance, is fifteen (15) years. (0) The supplemental debt statement required by the Local Bond Law has been duly made and filed in the Office of the Clerk of the City and a complete executed duplicate thereof has been filed in the Office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey, and 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 or notes provided for in this bond ordinance by $617,500, and the said obligations authorized by this bond ordinance will be within all debt limitations prescribed by said Local Bond Law. (0) An aggregate amount not exceeding $40,000 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 herein before described. 7 8/4/14  SECTION 0.0 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 takes upon all the taxable property within the City for the payment of the obligations and the interest thereon without limitation as to rate or amount. SECTION 9. The City reasonably expects to reimburse any expenditures toward the costs of the improvement or purpose described in Section 3 hereof and paid prior to the issuance of any bonds or notes authorized by this bond ordinance with the proceeds of such bonds or notes. This Section 9 is intended to be and hereby is a declaration of the City's official intent to reimburse any expenditures toward the costs of the improvement or purpose described in Section 3 hereof to be incurred and paid prior to the issuance of bonds or notes authorized herein in accordance with Treasury Regulations §150-2. No reimbursement allocation will employ an "abusive arbitrage device" under Treasury Regulations §1.148-10 to avoid the arbitrage restrictions or to avoid the restrictions under Sections 142 through 147, inclusive, of the Internal Revenue Code of 1986, as amended (the “Code”). The proceeds of any bonds or notes authorized by this bond ordinance used to reimburse the City for costs of the improvement or purpose described in Section 3 hereof, or funds corresponding to such amounts, will not be used in a manner that results in the creation of "replacement proceeds", including "sinking funds", "pledged funds" or funds subject to a "negative pledge" (as such terms are defined in Treasury Regulations §1.148-1), of any bonds or notes authorized by this bond ordinance or another issue of debt obligations of the City, other than amounts deposited into a "bona fide debt service fund" (as defined in Treasury Regulations §1.148-1). The bonds or notes authorized herein to reimburse the City for any expenditures toward the costs of the improvement or purpose described in Section 3 hereof will be issued in an amount not to exceed $617,500. The costs to be reimbursed with the proceeds of the bonds or notes authorized herein will be "capital expenditures" in accordance with the meaning of Section 150 of the Code. All reimbursement allocations will occur not later than 18 months after the later of (i) the date the expenditure from a source other than any bonds or notes authorized by this bond ordinance is paid, or (ii) the date the improvement or purpose 8 8/4/14 described in Section 3 hereof is "placed in service" (within the meaning of Treasury Regulations §1.150-2) or abandoned, but in no event more than three years after the expenditure is paid. SECTION 10. The City covenants to maintain the exclusion from gross income under section 103(a) of the Code of the interest on all bonds and notes issued under this bond ordinance. SECTION 11. This bond ordinance shall take effect twenty (20) days after the first publication thereof after final adoption, as provided by the Local Bond Law. Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia x Deputy Mayor Canestrino x x Sims x x Greenman x Mayor Labrosse x CITY OF HACKENSACK RESOLUTION NO. 265-14 RESOLUTION AUTHORIZING ACCRUED TIME PAYOUT JOSEPH AYOUBI WHEREAS, N.J.A.C. 5:30-15 established rules that govern how local government units manage and finance compensation for accumulated absence time for their respective employees, and WHEREAS, accumulated absence includes any sick days, vacation days, personal days, compensatory time or any other absence time authorized as part of an employer agreement, which is not used by the employee during the allowed period and which is permitted to accumulate over time to the benefit of the employee, and WHEREAS, the Chief Financial Officer has certified that the funds and authority exists to pay Joseph Ayoubi for owed vacation days, sick days and compensatory time, and WHEREAS, Acting City Manager Art Koster has authorized the payment of $42,435.81to Joseph Ayoubi for said days. NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack hereby approves payment to Joseph Ayoubi in the amount of $42,435.81 for his accrued time payout in accordance with the rules and regulations established by the Local Finance Board for such payments. Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia x 9 8/4/14  Deputy Mayor Canestrino x x Sims x x Greenman x Mayor Labrosse x CITY OF HACKENSACK RESOLUTION NO. 266-14 RESOLUTION AUTHORIZING ACCRUED TIME PAYOUT JAMES DALTON WHEREAS, N.J.A.C. 5:30-15 established rules that govern how local government units manage and finance compensation for accumulated absence time for their respective employees, and WHEREAS, accumulated absence includes any sick days, vacation days, personal days, compensatory time or any other absence time authorized as part of an employer agreement, which is not used by the employee during the allowed period and which is permitted to accumulate over time to the benefit of the employee, and WHEREAS, the Chief Financial Officer has certified that the funds and authority exists to pay James Dalton for owed vacation days, sick days and compensatory time, and WHEREAS, Acting City Manager Art Koster has authorized the payment of $80,463.06 to James Dalton for said days. NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack hereby approves payment to James Dalton in the amount of $80,463.06 for his accrued time payout in accordance with the rules and regulations established by the Local Finance Board for such payments. Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia x Deputy Mayor Canestrino x x Sims x x Greenman x Mayor Labrosse x CITY OF HACKENSACK RESOLUTION NO. 267-14 RESOLUTION AUTHORIZING ACCRUED TIME PAYOUT MARC CUNICO WHEREAS, N.J.A.C. 5:30-15 established rules that govern how local government units manage and finance compensation for accumulated absence time for their respective employees, and WHEREAS, accumulated absence includes any sick days, vacation days, personal days, compensatory time or any other absence time authorized as part of an employer agreement, which is not used by the employee during the allowed period and which is permitted to accumulate over time to the benefit of the employee, and WHEREAS, the Chief Financial Officer has certified that the funds and authority exists to pay Marc Cunico for owed vacation days, sick days and compensatory time, and 10 8/4/14  WHEREAS, Acting City Manager Art Koster has authorized the payment of $98,816.32 to Marc Cunico for said days. NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack hereby approves payment to Marc Cunico in the amount of $98,816.32 for his accrued time payout in accordance with the rules and regulations established by the Local Finance Board for such payments. Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia x Deputy Mayor Canestrino x Sims x x Greenman x x Mayor Labrosse x CITY OF HACKENSACK RESOLUTION NO. 268-14 RESOLUTION AUTHORIZING RAFFLE LICENSES 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 #2070 Hackensack University Medical Center Foundation RA #2071 St. Joseph Church Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia x Deputy Mayor Canestrino x x Sims x x Greenman x Mayor Labrosse x CITY OF HACKENSACK RESOLUTION NO. 269-14 RESOLUTION OF THE CITY OF HACKENSACK, COUNTY OF BERGEN, STATE OF NEW JERSEY AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE LOCAL FINANCE BOARD PURSUANT TO N.J.S.A. §40A:2-51 AND N.J.S.A. §40A:2-55 IN CONNECTION WITH THE ISSUANCE OF NOT TO EXCEED $8,650,000 AGGREGATE PRINCIPAL AMOUNT OF REFUNDING BONDS AND/OR REFUNDING NOTES WHEREAS, pursuant to the Local Bond Law, N.J.S.A. 40A:2-1 et seq., as amended and supplemented (the “Local Bond Law”), the City of Hackensack, County of Bergen, State of New Jersey (the “City”) has determined to provide for the payment of tax appeal judgments and settlements with various taxpayers, plus the costs associated with the issuance of Refunding 11 8/4/14 Obligations (as hereinafter defined), through the issuance by the City of refunding bonds and/or refunding notes in an aggregate principal amount not to exceed $8,650,000 (the “Refunding Obligations”). WHEREAS, the City desires to make an application to the Local Finance Board, in the Division of Local Government Services, New Jersey Department of Community Affairs (the “Local Finance Board”) for its approval of a refunding bond ordinance authorizing the issuance of not to exceed $8,650,000 aggregate principal amount Refunding Obligations; and WHEREAS, the City believes that: (a) it is in the public interest to accomplish such refunding; (b) said refunding is for the health, wealth, convenience or betterment of the inhabitants of the City; (c) the amounts to be expended for said refunding are not unreasonable or exorbitant; (d) the refunding is an efficient and feasible means of providing services for the needs of the inhabitants of the City and will not create an undue financial burden to be placed upon the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY as follows: Section 1. The submission of an application (the “Application”) to the Local Finance Board in the Division of Local Government Services, New Jersey Department of Community Affairs for the purposes referenced in the recitals above is hereby authorized and Wilentz, Goldman & Spitzer, P.A., the City’s Bond Counsel (“Bond Counsel”) and Dimaria and Dimaria, LLP, the City’s auditor (the “Auditor”), along with other officials and representatives of the City, are hereby authorized and directed to represent the City in such matters pertaining thereto. Any previous actions taken by Bond Counsel and the Auditor along with other officials and representatives of the City related to the preparation and submission of the Application are hereby ratified and confirmed, nunc pro tunc. Section 2. The City Clerk is hereby directed to prepare and file certified copies of this resolution and the refunding bond ordinance after first reading 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 approval as provided by the applicable provisions of the Local Bond Law. Section 4. This resolution shall take effect immediately, Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia x x Deputy Mayor Canestrino x Sims x x Greenman x Mayor Labrosse x CITY OF HACKENSACK RESOLUTION NO. 270-14 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT FOR LOCAL PUBLIC HEALTH SERVICES – BOROUGH OF BERGENFIELD 12 8/4/14  WHEREAS, the Local Health Services Act, N.J.S.A. 26:3A2-1, et seq., and the Public Health Practice Standards of Performance for Local Boards of Health in New Jersey, N.J.A.C. 8:52-1, et seq., mandate that all local boards of health establish and maintain the required standards of performance with respect to public health services; and WHEREAS, N.J.S.A. 26:3A2-10(c)(1) permits a municipality to meet these standards by enlisting the services of an individual municipal local health agency; and WHEREAS, the Borough of Bergenfield has agreed to provide the City of Hackensack with public health services in accordance with N.J.S.A. 26:3A2-1, et seq. and N.J.A.C. 8:52-1, et seq.; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the Mayor be and is hereby authorized and directed to execute the Interlocal Agreement Between the Borough of Bergenfield and the City of Hackensack for Local Public Health Services; and BE IT FURTHER RESOLVED that the City Clerk be and hereby is directed to retain a copy of the agreement for public inspection and to publish notice of this action in The Record. Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia x Deputy Mayor Canestrino x x Sims x x Greenman x Mayor Labrosse x CITY OF HACKENSACK RESOLUTION NO. 271-14 RESOLUTION AUTHORIZING SUPPORT OF ASSEMBLY BILL A900 LOOSENING RESTRICTIONS ON STREAM CLEANING WHEREAS, sediment, debris, garbage, brush and trees that accumulate in our waterways contributes to serious flooding that causes property damage and threatens personal safety; and WHEREAS, restrictions on stream cleaning, desilting and desnagging projects by counties or municipalities are currently onerous and restrictive; and WHEREAS, Assembly Bill A900 will allow municipalities and counties to properly, quickly and economically clean and desilt streams to help prevent flooding; NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack hereby support A900 and urge quick action be taken on it to help relieve the flooding issues that occur throughout New Jersey; and BE IT FURTHER RESOLVED that copies of this resolution be forwarded to the Assembly Environment and Solid Waste Committee; Assemblyman Gordon M. Johnson, Assemblywoman Valerie Vainieri Huttle, the New Jersey State League of Municipalities; and all Bergen County Municipalities. 13 8/4/14  Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia x Deputy Mayor Canestrino x x Sims x x Greenman x Mayor Labrosse x CITY OF HACKENSACK RESOLUTION NO. 272-14 RESOLUTION AUTHORIZING THE ACCEPTANCE OF BOSWELL MCCLAVE ENGINEERING’S PROPOSAL TO IMPLEMENT THE RECONFIGURATION OF THE MAIN STREET AND STATE STREET TRAFFIC SIGNAL SYSTEM WHEREAS, it has become necessary for the City of Hackensack (“City”) to engage various professional service providers, specifically, an engineering and planning services consultant to implement the reconfiguration of the Main Street and State Street Traffic Signal System as part of the City’s overall rehabilitation and redevelopment efforts; and WHEREAS, the engineering and planning services are necessary to protect the redevelopment and general welfare of the City; and WHEREAS, Boswell McClave Engineering, 330 Phillips Avenue, P.O. Box 3152, South Hackensack, New Jersey 07606 (“Boswell”) was qualified as the City’s consulting municipal engineer on October 8, 2013, pursuant to a “fair and open process” pursuant to N.J.S.A. 19:44A- 20.1 et seq.; and WHEREAS, Boswell submitted a proposal to the City dated April 16, 2014, concerning engineering and planning services to implement the reconfiguration of the Main Street and State Street Traffic Signal System; and WHEREAS, the proposal was reviewed by the City project manager to determine that it met the minimum professional, administrative and financial criteria for the reconfiguration of the Main Street and State Street Traffic Signal System, and based upon the totality of the information contained in the proposal, including information about the reputation and experience of the applicant and ability to best serve the needs of the City, the project manager recommended that the City accept Boswell’s proposal; and 14 8/4/14  WHEREAS, the City Council finds it to be in the best interests of the City to authorize a contract with Boswell concerning engineering and planning services consultant to implement the reconfiguration of the Main Street and State Street Traffic Signal System, for a total contract amount not to exceed $400,000.00 pursuant to N.J.S.A. 40A:11-5 et. seq. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hackensack hereby authorizes the contract with Boswell concerning engineering and planning services consultant to implement the reconfiguration of the Main Street and State Street Traffic Signal System, with the total contract amount not to exceed $400,000.00 (Compensation will not exceed $95,000.00 for Phase A, $175,000.00 for Phase B, and $130,000.00 for Phase C without the express written authorization of the City); and BE IT FURTHER RESOLVED that the Mayor shall execute a contract with Boswell; and BE IT FURTHER RESOLVED that the Chief Financial Officer certifies that funds are available for the engineering and planning services related to the implementation of the reconfiguration of the Main Street and State Street Traffic Signal System; and BE IT FURTHER RESOLVED that the Chief Financial Officer 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 the City Clerk be and is hereby directed to retain a copy of this resolution and contract for public inspection. Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia x x Deputy Mayor Canestrino x Sims x x Greenman x Mayor Labrosse x CITY OF HACKENSACK RESOLUTION NO. 273-14 RESOLUTION AUTHORIZING CHANGE ORDER #1 – DLS CONTRACTING FOR 2013 CDBG ROAD RESURFACING WHEREAS, the City of Hackensack advertised and received bids for the 2013 CDBG Road Resurfacing Project on March 20, 2014; and 15 8/4/14  WHEREAS, the contract was awarded to DLS Contracting in the amount of $593,001.50 on May 6, 2014 as per Resolution #175-14; and WHEREAS, the City’s Engineer Boswell Engineering recommends the approval of Change Order #1 in the amount of $43,536.96. NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack, County of Bergen, as follows: 1. DLS Contracting is hereby awarded Change Order #1 in the amount of $43,536.96 for the 2013 CDBG Road Resurfacing Project, bringing the total amount of the contract not to exceed $636,538.46. 2. A Certification of Funds has been prepared and authorized by the Chief Financial Officer for the said contract assuring that there is a sufficient appropriation to fund the purchases authorized in this resolution as an express and mandatory condition of the award of this contract. 3. The City Manager is hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The City Attorney shall review any and all contractual documents prepared in furtherance of this award. A42-2014 AFFIDAVIT In accordance with N.J.S.A. 52:27BB-10 and 40A: 4-57. I do hereby certify that funds are available and the attached resolution can be adopted. PURPOSE: Change Order #1 – 2013 CDBG Road Resurfacing Project VENDOR: DLS Contracting 636 Franklin Ave. Suite 179 Nutley, NJ 07110 ACCOUNT: C-04-14-016-000-002 NOT TO EXCEED:an additional $43,536.96 ______________________ James A. Mangin, CFO / QPA Date: ______/____/_____ 16 8/4/14  Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia x Deputy Mayor Canestrino x x Sims x x Greenman x Mayor Labrosse x CITY OF HACKENSACK RESOLUTION NO. 274-14 BE IT RESOLVED by the City Council of the City of Hackensack that the following liquor licenses be issued in the City of Hackensack, effective July 1, 2014 through June 30, 2015, applicants having complied with the ordinances of the City of Hackensack and any special conditions which may be determined by the City Council, and having paid the required fee: 0223-33-017-001 Majestic Lodge Elks 153 IBPOE of W $1,800.00 351 First Street Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia x Deputy Mayor Canestrino x x Sims x x Greenman x Mayor Labrosse x CITY OF HACKENSACK RESOLUTION NO. 275-14 RESOLUTION ASSIGNING 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 WHEREAS, the City issued and advertised requests for qualifications (“RFQ’s”) on the City’s website and in official newspapers on June 23, 2014; and WHEREAS, qualification statements by professionals were submitted to the City by July 8, 2014, at 10:00 a.m.; and 17 8/4/14  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 finds it in its best interests to qualify certain professional service providers on August 4, 2014; 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 (“MDMC”) (Fee will not exceed $15,000.00 per month for the period of July 1, 2014, through June 30, 2015, for the routine tasks associated with the position of City Attorney including, but not limited to, attendance at regularly scheduled City Council meetings, daily communications, general legal research, preparation of resolutions and ordinances, public records requests, and other services commensurate with the duties and responsibilities of the City Attorney, and that MDMC shall be compensated at a rate of $150.00 per hour for all litigated matters and extraordinary services that MDMC is assigned to handle by the City. 2. Labor Attorney Ray Wiss, Esq. (Compensation will not exceed $75,000.00 without the express written authorization of the City) 3. Bond Counsel Wilentz, Goldman & Spitzer Kraft & Capizzi 4. Tax Appeal Attorney Mark A. Raso, Esq. (Compensation will not exceed $50,000.00 without the express written authorization of the City) O’Donnel McCord, PC (Compensation will not exceed $50,000.00 without the express written authorization of the City) Florio, Perrucci, Steinhardt & Fader (Will not exceed amount will be set per individual matter that Counsel is assigned to handle for the City) Dario Yacker Suarez & Albert (Will not exceed amount will be set per individual matter that Counsel is assigned to handle for the City) Chasan Leyner & Lamparello (Will not exceed amount will be set per individual matter that Counsel is assigned to handle for the City) 5. Redevelopment Attorney Archer & Greiner, P.C. (Compensation will not exceed $50,000.00 without the express written authorization of the City) 6. Affordable Housing Counsel Jeffrey R. Surenian and Associates (Compensation will not exceed $25,000.00 without the express written authorization of the City) 18 8/4/14 7. Special Litigation Counsel (Will not exceed amount will be set per individual matter that Special Litigation Counsel are assigned to handle for the City) Carmagnola & Ritardi, LLC (previously qualified on July 29, 2014) Thomas B. Hanrahan & Associates, LLC (previously qualified on July 29, 2014) Ditkas Gillen, PC Dario, Yacker, Suarez & Albert, LLC Lite, DePalma, Greenberg, LLC Chasan, Leyner & Lamparello Robert B. Woodruff, Esq. McCarter & English LLP (previously qualified on July 29, 2014) Michael J. Breslin, Jr. Weber Dowd Law Eric M. Bernstein & Associates Gallantucci & Patuto McElroy, Deutsch, Mulvaney & Carpenter, LLP Grieco & DeFilippo, LLC Genova Burns Giantomasi Webster (previously qualified on July 29, 2014) 8. Public Defender Navarro W. Gray DeMarco & DeMarco 9. Assistant Municipal Prosecutor Linda H. Schwager 10. Municipal Auditor DiMaria & DiMaria (Compensation will not exceed $100,000.00 without the express written authorization of the City) 11. Insurance Broker Reliance Insurance Group Otterstedt Insurance Agency 12. Risk Manager Otterstedt Insurance Agency 13. Tax Appraiser McNerney & Associates, Inc. Real Estate Appraisal 14. Grants Consultant Millennium Strategies 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 Chief Financial Officer certifies that funds are available for the above professional services; and BE IT FURTHER RESOLVED that the Chief Financial Officer is authorized to process payment to the above professional service providers pursuant to the contract upon receipt of properly completed vouchers; and BE IT FURTHER RESOLVED, that the City Clerk be and is hereby directed to retain a copy of the contracts for public inspection; and 19 8/4/14  BE IT FURTHER RESOLVED that the City Clerk shall advertise the award of these contracts as required by law; and Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia x Deputy Mayor Canestrino x x Sims x x Greenman x Mayor Labrosse x CITY OF HACKENSACK RESOLUTION NO. 276-14 RESOLUTION AUTHORIZING TAX APPEAL ATTORNEY TO SETTLE 2011, 2012 2013 AND 2014 TAX APPEALS CAPTIONED STELLAR CAPITAL C/O MSNW CONTIN’L ASC v. CITY OF HACKENSACK (2009-2014) MSNW CONTINENTAL ASC C/O NORMANDY PTRS v. CITY OF HACKENSACK (2009-2012) 10 HACKENSACK AVENUE, LLC v. CITY OF HACKENSACK (2013-2014) WHEREAS, Stellar Capital (2009-2014), MSNW Continental (2009-2012), and 10 Hackensack Avenue, LLC (2013-2014) are the taxpayers for real estate known as Block 512.01, Lot 6, Block 513, Lot 1, Block 513.01, Lot 22 and Block 514 Lot 1, located at 401, 411 and 433 Hackensack Avenue, Hackensack, New Jersey; and WHEREAS, the taxpayers filed tax appeals challenging the tax assessment for tax years 2011, 2012, 2013 and 2014; and WHEREAS, Block 512.01, Lot 6; Block 513, Lot 1; Block 513.01, Lot 22 and Block 514, Lot 1 were assessed for all tax years in the total amount of $87,087,100 for each year; and WHEREAS, the taxpayer is seeking a reduction in the total assessment for Block 512.01, Lot 6; Block 513, Lot 1; Block 513.01, Lot 22 and Block 514, Lot 1 for 2011, 2012, 2013 and 2014; and WHEREAS, the City’s Tax Appeal Attorney, Marc A. Raso, Esq. has engaged in discovery with respect to this matter and has consulted with the City’s Appraiser, Robert McNerney, MAI and Tax Assessor, Arthur Carlson, C.T.A. and has conducted extensive negotiations with counsel for the taxpayer; and WHEREAS, the parties have been able to arrive upon a settlement agreement for Block 512.01, Lot 6; Block 513, Lot 1; Block 513.01, Lot 1 and Block 514, Lot 1 whereby all tax years under appeal (2011, 2012, 2013 and 2014) would be withdrawn, the 2015 tax year assessment would be set at $78,000,000, and the 2016 and 2017 tax years assessment would be set at $75,000,000; and WHEREAS, the City’s Tax Appeal Attorney, Marc A. Raso, Esq. and the City’s Appraiser, Robert McNerney, MAI and the City’s Tax Assessor, Arthur Carlson, C.T.A. are in agreement with the terms of the settlement and believe that it would be in the best interest of the City to settle this particular case in accordance with the terms as set forth above; NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the City of Hackensack agrees to authorize the Tax Appeal Attorney to execute a Stipulation of Settlement on behalf of the City of Hackensack with respect to the Stellar Capital MSNW C/O MSNW Contin’l Asc, v. City of Hackensack tax appeals pending in the Tax Court of New Jersey for the 2009-2014 tax years under Docket Nos., 002277-2009, 001177-2010, 004043- 2011, 005178-2012, 007209-2013 & 006886-2014; MSNW Continental Asc. C/O Normandy Ptrs. v. City of Hackensack tax appeals pending in the Tax Court of New Jersey for the 2009-2012 tax years under Docket Nos., 002279-2009, 001175-2010, 005145-2011 & 005384-2012 and 10 Hackensack Avenue, LLC v. City of Hackensack tax appeals pending in the Tax Court of New Jersey for the tax years 2013 and 2014 under Docket Nos.: 007207-2013 and 006887-2014 for Block 512.01, Lot 6; Block 513, Lot 1; Block 513.01, Lot 22 and Block 514, Lot 1 in accordance with the terms as set forth above; and 20 8/4/14  BE IT FURTHER RESOLVED that copies of this Resolution are to be provided to the City’s Clerk, City’s Treasurer, City’s Tax Assessor, and Tax Appeal Attorney, Marc A. Raso, Esq. Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia x x Deputy Mayor Canestrino x x Sims x Greenman x Mayor Labrosse x CITY OF HACKENSACK RESOLUTION NO. 277-14 RESOLUTION ASSIGNING PROFESSIONAL SERVICE PROVIDERS AND AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS WITH SUCH QUALIFIED PROFESSIONALS---MUNICIPAL CONSULTING ENGINEERS 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 WHEREAS, the City issued and advertised requests for qualifications (“RFQ’s”) on the City’s website and in official newspapers on April 25, 2014; and WHEREAS, qualification statements by professionals were submitted to the City by May 6, 2014, 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 4, 2014; and WHEREAS, the City finds it in its best interests to now assign certain professional service providers to various positions, matters and assignments; and 21 8/4/14  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. Municipal Consulting Engineer (Compensation will be as set forth in their Professional Services Agreement) Boswell Engineers Arcadis Neglia Engineering Associates 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 Chief Financial Officer certifies that funds are available for the above professional services; and BE IT FURTHER RESOLVED, the Chief Financial Officer is authorized to process payment to the above professional service providers pursuant to the contract upon receipt of properly completed vouchers; and BE IT FURTHER RESOLVED, that the City Clerk be and is hereby directed to retain a copy of the contracts for public inspection; and BE IT FURTHER RESOLVED, that the City Clerk shall advertise the award of these contracts as required by law. Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia x Deputy Mayor Canestrino x x Sims x x Greenman x Mayor Labrosse x CITY OF HACKENSACK RESOLUTION NO. 278-14 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 $ 665,370.75 Grants 18,142.90 Payroll 1,555,856.63 Public Parking System 6,634.38 Capital 22,209.00 Escrow 11,808.44 22 8/4/14  Trust Account 13,619.42 Total Expenditures $2,293,641.53 Interfunds/Transfers $ 99,907.98 The City Clerk announced that the following items are considered to be routine in nature and will be enacted in one motion; any items requiring expenditure are supported by a Certification of Availability of Funds; any item requiring discussion will be removed from the Consent Agenda; all Consent Agenda items will be reflected in full in the minutes including any exceptions and/or additions. A motion was made by Councilman Sims and seconded by Deputy Mayor Canestrino to open the meeting to the public. Perry Jackson – 48th year as a resident in Hackensack. Program Who’s Going to Help the Homeless, a concern of mine when I first saw homeless people by Christ Church. Jerry Levy helped to create the program. He said, “The poor we have always.” A shelter should be built where they had the shelter on Kansas Street. Difficult to travel to the one on River Street due to the traffic. It was better off where it was. There should be a shelter for residents of Hackensack separate from the county shelter. Something to think about if there is urgency for an emergency. Richard Salkin – I would like to refer back to a very disturbing remark Councilwoman Greenman made on the night of the approval of the settlement of the PBA. She used the term “glaring irregularities” in the process. Explain to the public and me what you meant by glaring irregularities in the approval process. May she do that Mayor? Mayor replied no due to its possible effect to current PBA litigations. Attorney Joseph Morris replies to the request and explained, Count one of Rottino v. City of Hackensack touches on the PBA negotiations. The City Attorney advised the Council and Councilwoman Greenman not to divulge anything revealing attorney-client privileges or anything that touches on Rottino v. City of Hackensack. Tread very lightly on this subject. Councilwoman Greenman said she will take the advice of the City Attorney and chose not to respond to Mr. Salkin. Mr. Salkin replied that he has been the subject of Councilwoman Greenman’s sliming. It’s a shame you’re still sitting there, it won’t be forever. Have a good night. Chris Coli-101 Prospect Ave- I still know a lot of City employees and I’m hearing undertone that councilmen are showing up at employee worksites, parks, trying to bring employees up on charges? I think the city has had enough legal action. I don’t think the council needs to do these kinds of things. The City Manager and department heads are more than qualified to oversee the workings of city employees. I think it’s a disgrace to the city employees that work here. Charles McAuliffe- 119 Dorchester Road- I have a question. You were talking about tax appeals putting the homes at 100 percent value. Mayor responds to question stating a reevaluation will probably have to be done. Every year values go down. CFO explains reassessment process. How many years will you be doing that and how much will it cost annually? CFO responds that he is not sure what it will cost annually. You’re aware that I am a real estate broker and I do appraisals. The market is going up except the City of Hackensack which is going down. CFO explains the idea of a reassessment. Did you hear of AMRT or CMRP from NJ? Can we make a resolution to apply for some money for that program. CFO responds he is not aware of this program. It is money given back to municipalities on the taxes. You’re the 23 8/4/14 CFO, you should know about that, I would be happy to sit down with you. I think there’s a little money out there. Jason Nunnermacker- Comment made during COW meeting about me holding the city over the coals regarding a public document. If I wanted to hold the city over the coals I would have filed a lawsuit by now. I noticed on your appointments tonight that you appointed an assistant municipal prosecutor. I’m going to assume that’s different from the actual municipal prosecutor. What is the job status of Mr. Catania? I applaud the fact that we are taking away his benefits, to my understanding if he gives up the benefits he will still be the municipal prosecutor. I’m assuming you think it’s good we have a gentleman convicted of a criminal drug possession crime. Attorney Joe Morris advises mayor and council to not speak if an employee may or may not have a criminal record. I do think as the mayor and council you want to hold ourselves to a higher standard. It took me five minutes to locate a very public document. I just don’t know if this is the kind of message we want to be sending out to the City of Hackensack. I am a little disappointed John. Was an RFQ sent out for the municipal prosecutor position? Mayor responds it was not. I also noticed last year at the re-organization meeting he was appointed on the first day without an RFQ, but Mr. Morris’s firm did submit an RFQ. Why is Mr. Catania receiving special treatment? How come an RFQ didn’t go out the first time? The assistant municipal prospector is not considered a part time employee? Why didn’t an initial one go out for Mr. Catania’s position? Attorney Joe Morris responds he is currently an employee, I don’t believe he would do an RFQ. I will take your word on that, but what about the first time? Mayor responds it was more of an advertisement than an RFQ because he is an employee not a hired contractor. Joe Borretto- Mr. Battaglia I am very sorry for your loss, I really give you credit for being here. Mr. Mayor on Poplar Ave on the electrical line there’s been pair of sneakers hanging there which usually indicates drug sales or small gang, either way it doesn’t look good. It’s in front of 30 Poplar. It just doesn’t look good for the neighborhood. I have been away for a couple of weeks and I have been out of the loop. Are we any closer to an appointment for the City Manager? Mayor responds no decision has been made yet. The last thing the house on Poplar, discussing the group homes I was hoping to attended that meeting but I was never contacted. I don’t come here to be critical, last week I was available Monday morning and I did not know there was a meeting. It there a better way we can get these meeting times out. I was off this summer I didn’t know there was a meeting. Mayor responds about special council meeting. The last thing about the group home on Poplar, they tore up the street they kind of repaired it, who footed that bill? My concern was they went deep it takes one side of the street to the other. Is the city responsible for that? The patch job was not the greatest. I appreciate your time. Thank you. Jared Wexler-89 Burns Street- Mr. Mayor sitting here something said just didn’t sit right. You said the municipal prosecutor, no RFQ was necessary because he was already a city employee. Mayor responds no and explains that is not what he meant. Attorney Morris recommends that Mr. Koster look into how the job was posted in 2013. My question is, was Mr. Catania left off the list because of his situation with the benefits? This just seemed to be an inconsistency on why he was left off here. Are you saying if someone was an existing employee of the city they don’t need to be on this list? Attorney Morris replies that he doesn’t believe that the public defender and the assistant prosecutor are employees. I am just trying to iron out the inconsistencies. Mayor responds we will check. Kathleen Salvo-184 Hudson Street- Mrs. Greenman when you became council woman you took an oath. You swore to faithfully perform all duties as a councilmember. I am a little disappointed at the way you have been acting at 24 8/4/14 past council meetings. I thought you were going to be part of the solution and not the problem. Rumor has it you are about to lay the ground work to file a suit against the city or possibly join the Mr. Rottino suit, is there any truth to that rumor? Do I get an answer, how does this work Mr. Mayor? Councilwoman Greenman does not respond. When you’re here it’s not behavior conducive to a councilwoman. I am very concerned about what is happening to this group. Is this going to continue, are you going to do a reversal to come back and be part of the group and not the problem? I am not saying anything against you I just do not know why your behavior has changed? No Response from Councilwoman Greenman. Regina DiPasqua-Parker Avenue- I usually don’t write down what I have to say. I have to be very certain I get to say what I want to say. You may not like what I have to say but I have the right to say it anyway. I have the right to be loud, I can yell and scream I have that right. It is my constitutionally protected right to stand here and say what I want to say. Trying to silence me is attempting to violate my rights. The city will he held accountable. My cardinal sin seems to be speaking out against Tom and Anthony. You are public officials you need thicker skin. If you can’t stand the heat get out of the kitchen, or suck it up cupcake. Is a public official going to attempt to violate the first amendment rights of Hackensack citizens? I felt at that time it could have been me defending my right to say what I want to say. It seems some of you had no idea what you were getting into. The residents can say what they want because you are a public official, you cannot use your office to attack residents personally. We did not know the trouble we were getting with some of you. Check your egos at the door. Some of you are more concerned with being right than doing right. If you are not willing to do what is right for the city than you do not have what it takes to be a councilmember for this city. Loretta-264 Beech St- I been living there for 23 years. Throughout the years I lived here everything was fine, 2 and half years ago they moved a tenant in who is a smoker. She is constantly smoking I can’t open up my windows. I am inhaling the smoke, the fumes are killing me. The lease stipulates you can’t smoke in the foyer or on the stoop. I tell the management and I write letters I have been writing letters for over two years and no one helps me. When I complain the people downstairs threaten my life. I got tickets in the mail I am being harassed. The tickets are for loud noise. I’m there by myself, If I am in the house cleaning or vacuuming I play the music I leave when I come back I have tickets under my door. I been to the court what rights do I have? I am retired I have been retired for seven years. They just tell me to keep writing letters. I did not retire for all of this. Could you tell me when you play your music what is the law pertaining to that. Can you tell me what it is so I know what’s going on? It’s not that loud it’s during the day when I clean my house. What have I done wrong? Mayor directs to City Manager to look into this. This is day time afternoon 12 o clock. The cops are harassing me. Mayor asks if she can leave her contact information and her management company’s information with Mr. Koster. Steven Gelber- 304 Clinton Place- I just want to read from the City Code the city prosecutor shall be appointed by the city council and serve at the pleasure of the city council. Do most city employees have that stipulation in the city code? So at the pleasure of said council means you could hire and fire as you please. It doesn’t say in there the reasoning for said pleasure. If you don’t like the way he’s doing his job. What reason do you need to remove this man from office? Mayor responds regarding this issue. You made many appointments in 2013 along with many others many of us have come up here criticizing those appointments. You got rid of Mr. Ammirato I was happy, you got rid of Mr. Rottino and I was elated. You’re all back sliding. We all had a little bit of hope you were moving in the right direction. We were all getting very happy. Mrs. Greenman I don’t think anyone here is going to stop 25 8/4/14 coming, if you don’t like it think you should stop coming, permanently. Mrs. Greenman responds with don’t hold your breath. Ms. Greenman I would hope as an attorney you know about the first amendment. I’m going to ask you a question and hope your going to answer it. Have you gone to any law enforcement agencies to complain about residents of the community for their actions in speaking publicly about you? In my humble opinion that doing such type things that would be harassment, intimidation, and trying to stop someone from exercising their constitutional right and to me that’s a big problem. Gwen Jackson-138 Union St- I am here regarding Feretti trucking, I just want to keep you updated. It has gotten much better. I am still a little concerned because it seems they do have a few more trucks. I know our street is zoned commercial residential but I am just concerned with all the redevelopment going on. If the City of Hackensack wants to be a city of pride I am just a little concerned. Regarding project pride initiative is there anything going on with that? I haven’t seen anything updated on it as of last year. It is a good initiative, I was wondering if anything is going on with it. Mayor responds we will have Mr. Koster look into it. Daniel Corolla-88 Clinton- Mr. Mayor are you planning on filling the redevelopment czar position you created? Mayor responds no not at this time. Is it an empty vacant position? There is an ordinance calling for that position is there not? Mayor responds there is an ordinance allowing for it. So at this time it is not being filled? Mayor responds no not at this time. Council Comments: Councilman Battaglia – I want to thank everyone for the phone calls on behalf on my family. My father is resting now with my mother and brother. Mr. Sims it was a beautiful program you had on Saturday and Sunday. Thank everyone for coming and be safe. Deputy Mayor Canestrino- I heard a lot of good things tonight. I think that’s great and that’s what these meetings are about. I want to thank you Chuck for agreeing to come in and meet with our CFO. If you have some information to improve the city, we welcome that. Mr. Nunnermacker your comment about not wanting to rake us over the coals regarding your OPRA Requests, if you’re really sincere about that we are really trying to simplify the OPRA process and trying to make it cost effective. When I was on the other side of the fence I came in periodically so I came in to meet with the CFO and came up with a report to make everyone’s life easier. If any of you folks are interested in doing that and willing to come in and meet with us we will be happy to meet with you. Please take us up on this. We can provide this to you more efficiently. A couple of comments about who were hiring or keeping. Let’s think about what were all saying, none of us want anyone in position for a political affiliation. The folks that are here if they are proving themselves and working hard, removing them because it’s a perception that their politically connected to someone else is just as wrong as hiring someone under that pretense. We are evaluating people. If these folks are doing a good job for the city there’s every reason to have them continue to work for the city. The comment or intent to clean house was not our purpose, our intent is always to provide the best service to our residents at a reasonable cost and we will continue to do that. Thank you and have a great evening. Councilman Sims – I want to thank everyone for coming out. Continue our summer concert series tomorrow night. The event will take place on the Green and hope to see you all there. Thank you. Councilwoman Greenman – Goodnight. 26 8/4/14 Mayor Labrosse – Leo my condolences on your dad. Anything you need from this council just call. I attended two nights of basketball down at Carver Park. Last night an all-star team from NY playing an all-star team from NJ, I have never seen anything like that so close up. The referees let them play and it was real good basketball. No problems, everyone had a good time everyone interacted. Mr. Sims runs a good basketball program. Tomorrow is national night out. Come on down we need to fill this park, last week was a little disappointing. The Duprees are rescheduled for next week. The Douglas quote, Ms. Regina, thank you, as I recall I read that the night I was sworn in as a councilman and I still believe in those words. Thank you everyone for coming and have a goodnight. There being no further business meeting was adjourned at 9:09 p.m. Approved by Mayor and Council on November 10, 2014. ______________________________________ Mayor John P. Labrosse, Jr. _______________________________________ Deputy Mayor Kathleen Canestrino _______________________________ Councilwoman Rose Greenman _______________________________________ Councilman David Sims _______________________________ Councilman Leonardo Battaglia _________________________________ Deborah Karlsson, City Clerk 27 8/4/14