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, November 25, 2014 at 8:10pm. Mayor John Labrosse Jr. called the meeting to order and the City Clerk Deborah Karlsson 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. Attendance Ms. Karlsson called the roll: Mayor John P. Labrosse Jr., Deputy Mayor Kathy Canestrino, Councilman Battaglia, Councilman David Sims and Councilwoman Greenman are present. City Manager David Troast and City Attorney Thomas P. Scrivo are in attendance. Flag Salute Proclamations Mayor Labrosse read a Proclamation to Police Officer Matthew Jacobsen for conducting CPR on a victim whose life was saved. Mayor Labrosse read Proclamations to Police Officers Allan DeLeon and Edmund Meneses for apprehending a dangerous suspect and displaying great restraint in using lower levels of force to meet and combat the actor’s resistance. Police Director Michael Mordaga spoke. He called on Reverend Gregory Jackson and Anthony Cureton the Bergen County NACCP President to speak. Director Mordaga described the incident that Officer DeLeon and Officer Meneses were involved in in detail. The suspect was attempting to commit suicide and hoped to be shot by the Police Officers during their self-defense. Director Mordaga congratulated the Officers for apprehending the suspect peacefully. Reverend Jackson reflected on the culture’s current state of divisiveness and the loss of respect for authority. He thanked the men for using their discretion, which reflects their heart and the spirit of humanity. Reverend Jackson commended the Police Department for its diversity and reflecting the City’s population. He said Hackensack could have been another Ferguson if the Officers had shot the man and the Council Meeting would have been much different. Mr. Anthony Cureton spoke about his work with law enforcement for 25 years and explained that he understands the position the Officers were in. He spoke about the importance of accountability and said the NACCP is present to support the police officers. He commended the police officers for deploying their training to use minimal force. Approval of Minutes C.O.W and Regular Meeting Minutes from September 2, 2014 were approved by all Council Members. A motion to approve the minutes was offered by Councilman Sims and seconded by Deputy Mayor Canestrino. C.O.W. and Regular Meeting from September 16, 2014 were approved by all Council Members. A motion to approve the minutes was offered by Councilman Sims and seconded by Deputy Mayor Canestrino. 2337145-1 City Manager’s Report – David R. Troast Metal detectors were installed in the Municipal Court as required by the rules governing the Court. The City has received many inquiries about getting involved in redevelopment projects. The Planning Board is scheduled to discuss the final plans for 210 Main Street in December. I’ve received positive feedback from many staff and department heads who attended the NJLM Conference. December 1st at the Green, the Christmas tree, Menorah, and the Kwanza flag will be displayed. All are welcome to join. City Hall will be closed for Thanksgiving and the following Friday. Emergency personnel will be present. Approval of Resolutions Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia X X Deputy Mayor Canestrino X Sims X Greenman X X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 437-14 FINAL ADOPTION OF ORDINANCE NO. 43-2014, AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF THE BARGAIN AND SALE DEED FOR PROPERTY LOCATED AT BLOCK 308.01, LOT 3 (“LOT C”) FROM THE CITY OF HACKENSACK FOR THE PURPOSES OF EFFECTUATING THE CONVEYANCE APPROVED BY RESOLUTION OF THE CITY COUNCIL DATED MAY 17, 1954 This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?” Motion offered by Councilman Sims and seconded by Councilman Battaglia that there be a public hearing. PUBLIC HEARING – Mayor Labrosse thanked Albert Dib for finding pertinent information from 1954. Motion offered by Deputy Mayor Canestrino and seconded by Councilman Sims that the public hearing be closed. BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 43-2014 as passed its second and final reading and is hereby adopted. CITY OF HACKENSACK ORDINANCE NO. 43-2014 2337145-1  ORDINANCE AUTHORIZING THE ACCEPTANCE OF THE BARGAIN AND SALE DEED FOR PROPERTY LOCATED AT BLOCK 308.01, LOT 3 (“LOT C”) FROM THE CITY OF HACKENSACK FOR THE PURPOSES OF EFFECTUATING THE CONVEYANCE APPROVED BY RESOLUTION OF THE CITY COUNCIL DATED MAY 17, 1954 WHEREAS, the City of Hackensack has determined that property located at Block 308.01, Lot 3 (“Lot C”) is in need of redevelopment, and the City Council has determined that it is in the best interests of the City and its residents to sell same to encourage redevelopment of underutilized property while provided tax relief to its citizens; and WHEREAS, as part of the redevelopment process the City of Hackensack performed a title search of Lot C and discovered that the last recorded deed for Lot C lists the former Parking Authority of the City of Hackensack as the record owner of Lot C, even though Lot C has been owned and controlled by the City of Hackensack for decades; and WHEREAS, by Ordinance of the City Council of the City of Hackensack, dated as of August 1, 1949, the City of Hackensack created the Parking Authority of the City of Hackensack as a body corporate and politic of the City of Hackensack, in conformance with N.J.S.A. 40:11A-4; and WHEREAS, on June 20, 1951, the City of Hackensack conveyed all of its right, title and interest to Lot C to the Parking Authority of the City of Hackensack to own and operate a municipal parking lot; and WHEREAS, by way of Resolution dated May 17, 1954, as Item No. 41 of the meeting agenda, the City of Hackensack approved the payment of $26,197.94 to the Parking Authority of the City of Hackensack in exchange for Lot C, as well as approved the payment and acquisition of other lots held by the Parking Authority of the City of Hackensack, but no deed effectuating this conveyance was ever recorded, and the actions taken by the City Council on May 17, 1954 terminated the operations of the Parking Authority of the City of Hackensack and the Parking Authority that no longer exists; and WHEREAS, the City Council of the City of Hackensack desires to effectuate the conveyance of Lot C previously contemplated and approved by the City Council, and clear title to Lot C as further set forth in the Bargain and Sale Deed attached hereto as Exhibit A. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Hackensack in the County of Bergen, State of New Jersey as follows: SECTION 1. Authorization to execute deed and related documents. The Mayor, City Clerk, and City Manager are hereby authorized and directed to execute all documents required to effectuate the transaction approved by way of Resolution dated May 17, 1954, as Item No. 41 of the meeting agenda. In particular, the Bargain and Sale Deed attached hereto as Exhibit A, along with any other documents deemed necessary to insure title to the property. SECTION 2. Severability. If any section, subsection, paragraph, sentence or any other part of this ordinance is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance. SECTION 3. Repealer. All ordinances or parts of ordinances which are inconsistent with provisions of this ordinance shall be and are hereby to the extent of such inconsistency repealed. SECTION 4. Effective Date. 2337145-1  This ordinance shall become effective immediately upon adoption pursuant to 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. 438-14 FINAL ADOPTION OF ORDINANCE NO. 34-2014, AN ORDINANCE AMENDING CHAPTER 108 ENTITLED, “LIMOUSINE SERVICES” OF THE CITY OF HACKENSACK MUNICIPAL CODE TO AMEND SECTION 1 ENTITLED, “DEFINITIONS” This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?” Motion offered by Councilman Sims and seconded by Deputy Mayor Canestrino that there be a public hearing. PUBLIC HEARING – Motion offered by Deputy Mayor Canestrino and seconded by Councilman Sims that the public hearing be closed. BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 34-2014 has passed its second and final reading and is hereby adopted. CITY OF HACKENSACK ORDINANCE NO. 34-2014 AN ORDINANCE AMENDING CHAPTER 108 ENTITLED, “LIMOUSINE SERVICES” OF THE CITY OF HACKENSACK MUNICIPAL CODE TO AMEND SECTION 1 ENTITLED, “DEFINITIONS” WHEREAS, pursuant to N.J.S.A. 40:48-2, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good of government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and 2337145-1  WHEREAS, the City of Hackensack (“City”) wishes to amend Chapter 108, entitled, “Limousine Services,” in order to add amend Section 1, entitled “Definitions” to provide an exemption for nonprofit limousine services; and WHEREAS, Title 15a of the New Jersey Statutes, known as the New Jersey Nonprofit Corporation Act (N.J.S.A. 15A:1-1 et seq.), governs nonprofit corporations; and WHEREAS, the City Council finds that the safety and general welfare of the City’s citizens, specifically those that use and benefit from the services of nonprofit limousine services, would be improved upon an amend to the Code exempting nonprofit limousine services from Chapter 108. NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF HACKENSACK, as follows: SECTION 1. Chapter 108, entitled “Limousine Services,” is amended as to Section 1 such that The City of Hackensack Municipal Code, Part II entitled “General Legislation,” states: §108-1. Definitions. As used in this chapter, the following terms shall have the meanings indicated: DRIVER Any person who drives a limousine, whether or not such person is also the owner thereof. NONPROFIT LIMOUSINE SERVICE Includes any automobile or motor car service that operates and is organized in compliance with the New Jersey Nonprofit Corporation Act, N.J.S.A. 15A:1-1 and is registered as a charitable organization pursuant to section 501(c)(3) of the Internal Revenue Code, with a carrying capacity of not more than nine passengers, not including the driver, for carrying passengers for hire, which is held out, announced or advertised to operate or run or which is operated or run over any of the streets or public highways of this state and which is hired by charter or for a particular contract or by the day or hour or other fixed period or to transport passengers to a specified place or places or which charges a fare or price agreed upon in advance between the operator and the passenger. Nothing contained in this Chapter shall be construed to include Nonprofit Limousine Services as a Limousine Service as defined in this Section. Nonprofit Limousine Services shall be exempt from all requirements within this Chapter. LIMOUSINE SERVICE Includes any automobile or motor car service with a carrying capacity of not more than nine passengers, not including the driver, for carrying passengers for hire, which is held out, announced or advertised to operate or run or which is operated or run over any of the streets or public highways of this state and which is hired by charter or for a particular contract or by the day or hour or other fixed period or to transport passengers to a specified place or places or 2337145-1 which charges a fare or price agreed upon in advance between the operator and the passenger. Nothing contained in this chapter shall be construed to include taxicabs, hotel buses, buses employed solely in transporting school children or teachers, autobuses, or Nonprofit Limousine Services as defined in this Section. OWNER Any person in whose name title to any limousine is registered with the New Jersey Department of Motor Vehicles or who appears in such records to be the conditional vendee or lessee thereof. PERSON Includes any individual, copartnership, association, corporation or joint-stock company, their lessees, trustees or receivers appointed by any court whatsoever. PRINCIPAL PLACE OF BUSINESS The location of the main place of business of the limousine service in the municipality of Hackensack where limousine service is conducted, where limousines are dispatched or where limousine drivers report for duty. STREET Includes any street, avenue, park, parkway, highway or other public place. Section 2: This Ordinance shall take effect upon passage, adoption, and publication in the manner prescribed 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. 439-14 INTRODUCTION OF ORDINANCE NO. 44-2014, AN ORDINANCE AMENDING PART I OF THE CITY OF HACKENSACK MUNICIPAL CODE ENTITLED “ADMINISTRATIVE LEGISLATION” TO ADD CHAPTER 10, ENTITLED “RULES OF ORDER” 2337145-1  BE IT RESOLVED that the above ordinance, being Ordinance 44-2014 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 December 9, 2014 at 7:00 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. CITY OF HACKENSACK ORDINANCE NO. 44-2014 AN ORDINANCE AMENDING PART I OF THE CITY OF HACKENSACK MUNICIPAL CODE ENTITLED “ADMINISTRATION LEGISLATION” TO ADD CHAPTER - 10, ENTITLED “RULES OF ORDER” WHEREAS, pursuant to N.J.S.A. 40:48-2, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good of government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and WHEREAS, the City of Hackensack City Council (“City Council”) wishes to amend the City of Hackensack Municipal Code (“City Code”) by adding Part I, Chapter 10, entitled, “Rules of Order,” in order to publish and utilize a consistent method of conducting business at meetings; and WHEREAS, the City Council finds that it is within the public interest to enact rules of procedure for public meetings; and NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF HACKENSACK, as follows: SECTION 1. Part I of The City of Hackensack Municipal Code entitled “Administrative Legislation,” is amended to add Chapter 10, entitled “Rules of Order,” such that it states: Chapter 10. Rules of Order. § ____10-1 Governing authority. A. Unless stated otherwise, meetings of the City Council (“Council”), a public body as defined herein, shall be held in accord with the Open Public Meetings Act, N.J.S.A. 10:4- 6 to -21 (“OPMA”). B. Where this Chapter and the OPMA do not address a particular procedure, Robert’s Rules of Order, Newly Revised, 11th Edition governs. § ____10-2 Definitions. A. Unless otherwise stated, all terms shall have the meanings provided by the New Jersey Statutes. 2337145-1  B. “Public body” means a commission, authority, board, council, committee or any other group of two or more persons organized under the laws of this State, and collectively empowered as a voting body to perform a public governmental function affecting the rights, duties, obligations, privileges, benefits, or other legal relations of any person, or collectively authorized to spend public funds including the Legislature, but does not mean or include the judicial branch of the government, any grand or petit jury, any parole board or any agency or body acting in a parole capacity, or any political party committee organized under Title 19 of the Revised Statutes. C. “Meeting” means and includes any gathering whether corporeal or by means of communication equipment, which is attended by, or open to, all of the members of a public body, held with the intent, on the part of the members of the body present, to discuss or act as a unit upon the specific public business of that body. Meeting does not mean or include any such gathering (1) attended by less than an effective majority of the members of a public body, or (2) attended by or open to all the members of three or more similar public bodies at a convention or similar gathering. § ____10-3 Meetings; Scheduling and Notice. A. Regular Meetings. Regular meetings must be held at least twice per month at a time designated by the Council pursuant to N.J.S.A. 40:81-19. i. Scheduling of regular meetings. Pursuant to N.J.S.A. 10:4-18, at least once each year, the Council shall post and maintain posted throughout the year in the place described in Subsection (E)(iii), for the purpose of public inspection, a schedule of the regular meetings of the Council to be held during the succeeding year. ii. Requests for notices of meetings. Pursuant to N.J.S.A. 10:4-19, any person may request that a public body mail to him copies of any regular meeting schedule or revision described in Subsection (A)(i) herein and any advance written notice as described herein by Subsection (E) regarding any regular, special or rescheduled meeting of such body. The Council may, by resolution, fix a reasonable amount to cover the costs of providing such notice. Upon prepayment by such person of a reasonable sum, the public body shall cause written advance notice of all of its meetings to be mailed to such person within the time prescribed herein by Subsection (E). 2337145-1  B. Special Meetings. i. Pursuant to N.J.S.A. 40:81-19, special meetings may be called at any time by the Mayor, by the City Manager, or by two members of the Council. ii. Pursuant to N.J.S.A. 40:81-19, special meetings may also be called by petition signed by voters equal in number to not less than two per cent (2%) of the number of persons voting in the City of Hackensack (the “City”) at the past proceeding general election. The petition shall set forth the business to come before the meeting. C. Committee of the Whole. Meetings of a committee of the whole must be held in accordance with Robert’s Rules of Order and are subject to the same notice requirements provided herein for regular meetings. D. Adjourned Meetings. A meeting adjourned to a fixed time shall be considered a continuation of the preceding meeting, and the business of the Council shall be resumed where it was left at the last adjournment. E. Notice. All meetings of the Council shall be duly announced, providing adequate notice, and shall be open to the public pursuant to N.J.S.A. 40:81-19 and the OPMA. i. Adequate notice. Pursuant to N.J.S.A. 10:4-8(d), “adequate notice” means written advanced notice of at least 48 hours, giving the time, date, location and, to the extent known, the agenda of any regular, special, or rescheduled meeting, which notice shall accurately state whether formal action may or may not be taken and which shall be: a. Prominently posted in at least one public place reserved for such or similar announcements as designated by Subsection (iii) herein; b. Mailed, telephoned, telegrammed, or hand delivered to at least two newspapers as designated by Subsection (ii) herein; and c. Filed with the City Clerk. ii. Publication. Pursuant to N.J.S.A. 10:4-8(d) and 40:53-1, the City designates The Bergen Record and Star Ledger as the official newspapers for publication of all advertisements and notices required to be published by the City. 2337145-1  iii. Posting. In order to comply with N.J.S.A. 10:4-8(d) and 10:4-18, the City designates the bulletin board located closest to the lobby entrance to City Hall as the prominent public place reserved for posting notices. iv. Exception to providing notice. Pursuant to N.J.S.A. 10:4-9, a public body may hold a meeting notwithstanding the failure to provide adequate notice if: a. An affirmative vote of three quarters of the members present at the meeting is obtained; b. The meeting is required in order to deal with matters of such urgency and importance that a delay for the purpose of providing adequate notice would likely result substantial harm to the public interest; c. The meeting is limited to discussion of and acting with respect to such matters of urgency and importance; d. Notice of such meeting is provided as soon as possible following the calling of such meeting consistent with Subsection (i) herein; and e. Either (a) the public body could not reasonably have foreseen the need for such meeting at a time when adequate notice could have been provided; or (b) although the public body could reasonably have foreseen the need for such meeting at a time when adequate notice could have been provided, it nevertheless failed to do so. v. Electronic Notice. In addition to the notice requirements provided herein, a public body may provide electronic notice of any public meeting through the Internet. vi. Statement in Minutes of Meeting on Adequate Notice. At the beginning of every meeting of the Council, the City Clerk shall announce publicly and enter into the minutes a statement that either: a. Adequate notice of the meeting was provided, specifying the time, place, and manner in which such notice was provided; or b. Adequate notice was not provided, in which case the statement must be consistent with N.J.S.A. 10:4-10 regarding the urgency and importance mentioned in Subsection (D)(i) herein. § ____10-4 Meeting Procedure. 2337145-1  A. Quorum. Pursuant to N.J.S.A. 40:81-20, a majority of all the members of the Council shall constitute a quorum and the affirmative vote of a majority of all the members shall be necessary to take any action or pass any measure, except as otherwise provided by law. B. Resolutions and Ordinances. i. Every resolution or ordinance shall be reduced to writing and read before the vote is taken thereon pursuant to N.J.S.A. 40:81-20. ii. Pursuant to N.J.S.A. 40:81-21, no ordinance passed by the Council shall go into effect before ten (10) days from the time of its final passage, except when: a. Otherwise required by the general laws of the state; or b. It is an ordinance for the immediate preservation of the public order, peace, health or safety, or to remedy an emergency caused by fire, flood, explosion, storm, epidemic, recovery of judgment, the act of God or the public enemy, which may be passed to take effect immediately without publication and at one meeting, by the vote of one more than a majority of the members of the Council. C. Voting, Generally. The vote upon every motion, resolution, or ordinance shall be taken by yeas and nays and entered on the minutes. D. Call to Order and Order of Business. The Mayor shall be the presiding officer, and shall call the meeting to order by determining that a quorum is present. He/she shall take the chair and announce that the meeting will come to order. This may be followed by other opening ceremonies. The following represents the sequence in which business is to be introduced: i. Reading and approval of minutes; ii. Reports of officers, boards, and standing committees; iii. Reports of special committees; iv. Special orders; v. Unfinished business and general orders; vi. New business; and vii. Public comment. E. Procedure. 2337145-1  i. Business is to be brought before the public body by motion in accordance with Robert’s Rules of Order and debated and voted upon pursuant to same unless otherwise stated in this Chapter. ii. Public Comment a. Pursuant to N.J.S.A. 10:4-12, the Council shall set aside a portion of every meeting for public comment. b. No person shall address the Council except during the portion of the meeting set aside for public comment pursuant to N.J.S.A. 10:4-12 and during the opportunity to be heard upon the second reading of an ordinance pursuant to N.J.S.A. 40:49-2. Any person who desires to address the Council shall first seek to be recognized by the presiding officer. c. Remarks during the public comment portion of the meeting shall be within the time limits set by the Council by resolution in accordance with N.J.S.A. 10:4-12, for public comment on any governmental issue that a member of the public expresses may be of concern to the residents of the City. d. Each person addressing the Council shall step up to the microphone provided for use of the public, give his or her name and address in an audible tone of voice for the record, state the subject he or she wishes to discuss, and state whom he or she is representing. e. No person other than members of the Council and the person having the floor shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the presiding officer. f. All remarks shall be directed at the presiding officer; a participant may not address, or question Councilmembers individually. g. In order to expedite discussion and to avoid repetitious presentations, whenever any group of persons is to address the Council on the same subject, the presiding officer may request that a spokesperson, or spokespersons, be chosen by the group to address the Council; and, if 2337145-1  additional matters are to be presented by any other member of this group, to limit the number of persons addressing the Council. h. No person may address the Council more than once during the public comment portion of the meeting. F. Minutes. i. Taking of the Minutes. Minutes shall be kept of every meeting by the municipal clerk as hereinafter prescribed, and any citizen may have access to the minutes upon application to the Clerk. a. Pursuant to N.J.S.A. 10:4-14, the minutes must include the time and place, the members present, the subjects considered, the actions taken, the vote of each member, and any other information required to be shown in the minutes by law, which must promptly be available to the public. b. Pursuant to N.J.S.A. 40:81-20, the minutes of each meeting shall be signed by a majority of all the members of the Council and the City Clerk. No member shall sign minutes of a meeting at which he was not present. ii. Reading and Approval of the Minutes. Minutes of the meeting shall be read and approved at the beginning of a regular meeting immediately after the call to order and any opening ceremonies. a. Where a draft of the minutes of the preceding meeting has been sent to all members in advance, it is presumed that the members have reviewed them. In this case, the minutes will not be read prior to approval unless requested. However, correction and approval continues to be handled as hereinafter prescribed by Subsection (ii)(b). b. Approval of the minutes and corrections, if any, are done by unanimous consent; the chair shall call for the reading of the minutes, ask for any corrections, and declare the minutes approved. c. Minutes may not be approved at special meanings; minutes from special meetings must be approved at a regular meeting. § ____10-5 Demeanor. 2337145-1  A. All persons shall be silent at the request of the presiding officer. B. The following is strictly prohibited: i. Defamatory, personal, or profane remarks; ii. Loud, threatening, or abusive language; iii. Remarks irrelevant to public business; and iv. Disorderly conduct that disturbs or disrupts the conduct of any meeting, including but not limited to hand clapping, stamping of feet, whistling, shouting or other similar demonstrations which may disturb the peace and order of the meeting. C. Any member of the public who makes such remarks or engages in such conduct will be called to order by the presiding officer. If the conduct continues, the presiding officer may ask the person to leave the meeting. D. Any person who, at the request of the presiding officer, is asked to leave the meeting, shall do so immediately. If persons do not remove themselves at the instruction of the presiding officer, the presiding officer may order the Sergeant-at-Arms to remove them. Any person who resists removal by the Sergeant-at-Arms shall be charged with violating N.J.S.A. 2C:33-8, Disrupting meetings and processions. E. The Chief of Police, or such members of the Police Department as the Council may designate, shall be Sergeant(s)-at-Arms at the Council meetings. He, she, or they shall carry out all orders given by the presiding officer for the purpose of maintaining order and decorum at the Council meeting. On instruction of the presiding officer, the Sergeant- at-Arms shall remove from the meeting any person who disturbs the proceedings of the Council. § ____10-6 Videotaping, audiotaping and photographing. Any person may videotape, audiotape or photograph the proceedings of the Council. Such conduct should be unobtrusive so as not to interfere with the proceedings. The Council may direct the activities of such persons to ensure an orderly meeting. Section 2: This Ordinance shall take effect upon passage, adoption, and publication in the manner prescribed by law. Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d 2337145-1  Battaglia X X Deputy Mayor Canestrino X Sims X Greenman X X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 440-14 INTRODUCTION OF ORDINANCE NO. 45-2014, AN ORDINANCE AMENDING PART II OF THE CITY OF HACKENSACK MUNICIPAL CODE CHAPTER 170, SECTION 23, ENTITLED “TURNS AT INTERSECTIONS,” AND SECTION 64, ENTITLED “SCHEDULE XV: PROHIBITED TURNS AT INTERSECTIONS” BE IT RESOLVED that the above ordinance, being Ordinance 45-2014 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 December 9, 2014 at 7:00 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. CITY OF HACKENSACK ORDINANCE NO. 45-2014 AN ORDINANCE AMENDING PART II OF THE CITY OF HACKENSACK MUNICIPAL CODE CHAPTER 170, SECTION 23, ENTITLED “TURNS AT INTERSECTIONS,” AND SECTION 64, ENTITLED “SCHEDULE XV: PROHIBITED TURNS AT INTERSECTIONS” WHEREAS, pursuant to N.J.S.A. 39:4-197, the governing body of a municipality may pass an ordinance or resolution limiting the use of streets by commercial vehicles with the approval of the Commissioner of the New Jersey Department of Transportation (the “Commissioner”); and WHEREAS, the City of Hackensack City Council (“City Council”) caused Boswell Engineering to prepare an evaluation of existing traffic conditions at the corner of Vreeland Avenue and Hudson Street; and WHEREAS, the evaluation was sent to the Bureau of Traffic Engineering at the Department of Transportation for approval of a right turn prohibition for commercial motor vehicles with a gross vehicle weight of ten (10) tons; and WHEREAS, the Bureau of Traffic Engineering has reviewed the Boswell Engineering evaluation and will recommend the adopted ordinance for approval by the Commissioner; and WHEREAS, the City Council wishes to amend the City of Hackensack Municipal Code (“City Code”) Part II, Chapter 170, Article VII, Section 23 entitled “Turns at Intersections” to codify the language already in effect in Section 23 into “Subsection A” and to add “Subsection B” to prevent right-hand turns by certain commercial vehicles at certain intersections within the City; and 2337145-1  WHEREAS, the City Council wishes to amend the City Code Part II, Chapter 170, Article XIV, Section 64 entitled “Schedule XV: Prohibited Turns at Intersections” to codify the language already in effect in Section 64 into “Subsection A” and to add “Subsection B” to prevent right-hand turns by certain commercial vehicles at certain intersections within the City; and NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF HACKENSACK, as follows: SECTION 1. Part II of The City of Hackensack Municipal Code entitled “General Legislation,” Chapter 170, entitled “Vehicles and Traffic,” Article VII “Turn Prohibitions and Lane Reservations,” Section 23, entitled “Turns at intersections,” shall be amended such that it states: § 170-23 - Turns at Intersections. C. No person shall make a turn of the kind designated (left, right, all) at any of the locations described in Schedule XV, Subsection A attached to and made a part of this chapter. D. No person operating a commercial motor vehicle with a gross vehicle weight of ten (10) tons shall make a turn of the kind designated (left, right, all) at any of the locations described in Schedule XV, Subsection B attached to and made a part of this chapter. SECTION 2. Part II of The City of Hackensack Municipal Code entitled “General Legislation,” Chapter 170, entitled “Vehicles and Traffic,” Section 64, Article XIV “Schedules,” entitled “Schedule XV: Prohibited Turns at Intersections,” shall be amended such that it states: § 170-64 - Schedule XV: Prohibited Turns at Intersections. A. In accordance with the provisions of § 170-23(A), no person shall make a turn of the kind designated below at any of the following locations: ... B. In accordance with the provisions of § 170-23(B), no person operating a commercial motor vehicle with a gross vehicle weight of ten (10) tons shall make a turn of the kind designated (left, right, all) at any of the following locations: Turn Prohibition Intersection Turn Prohibited Time(s) Movement Prohibited Vreeland Avenue Right All From eastbound on and Hudson Vreeland Avenue to Street (CR 49) southbound on Hudson Street (CR 49) 2337145-1 SECTION 3. This Ordinance shall take effect upon passage, adoption, publication, and approval by the Commissioner in the manner prescribed by law. 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. 441-14 INTRODUCTION OF ORDINANCE NO. 46-2014, AN ORDINANCE AMENDING PART II OF THE CITY OF HACKENSACK MUNICIPAL CODE CHAPTER 109, ENTITLED “LITTERING” BE IT RESOLVED that the above ordinance, being Ordinance 46-2014 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 December 9, 2014 at 7:00 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. CITY OF HACKENSACK ORDINANCE No. 46-2014. AN ORDINANCE AMENDING PART II OF THE CITY OF HACKENSACK MUNICIPAL CODE CHAPTER 109, ENTITLED “LITTERING” WHEREAS, pursuant to N.J.S.A. 40:48-2, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good of government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and WHEREAS, the City of Hackensack (“City”) wishes to amend Chapter 109 entitled “Littering,” Articles I and II to modify the violations and penalties for littering and illegal dumping; and WHEREAS, the City Council finds it in the City’s best interest to make this change. 11/25/14  NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF HACKENSACK, as follows: SECTION 1. Chapter 109 entitled, “Littering” is amended so as to move Sections 12 through 15 from Article II into Article I entitled “General Provisions,” and renumber those sections such that The City of Hackensack Municipal Code, Part II entitled “General Legislation,” states: Article I. General Provisions ... § 109-11. Definitions. For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. LITTER Any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination thereof, including, but not limited to, any bottle, jar or can, or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing. LITTER RECEPTACLE A container suitable for the depositing of litter. PERSON Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction. § 109-12. Prohibited acts and regulated activities. A. It shall be unlawful for any person to throw, drop, discard or otherwise place any litter of any nature upon public or private property other than in a litter receptacle, or having done so, to allow such litter to remain. 11/25/14  B. Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this article, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this article. § 109-13. Enforcement. This article shall be enforced by the Police Department and/or other municipal officials of the City of Hackensack. § 109-14. Violations and penalties. Any person(s) who is found to be in violation of the provisions of this article shall be subject to a fine not to exceed $500. SECTION 2. Chapter 109 entitled, “Littering” is amended as to rename Article II, “Illegal Dumping,” move Section 11 into Article II, renumber it as Section 15, and to add Section 16, entitled “Violations and penalties” such that The City of Hackensack Municipal Code, Part II entitled “General Legislation,” states: Article II. Illegal Dumping § 109-15. Illegal Dumping and storage It is unlawful for any person to discard, dump or store along any street or road, on or off any right-of-way or on any other public or private property any household or commercial solid waste, rubbish, refuse, litter, junk, junk vehicle parts, rubber tires, appliances, furniture or construction debris in any place not specifically designated for the purpose of solid waste storage or disposal. § 109-16. Violations and penalties Any person(s) who is found to be in violation of the provisions of this article shall be subject to a fine not to exceed $1,000, plus reimbursement for reasonable clean-up costs incurred by the City or its agent. Section 3: This Ordinance shall take effect upon passage, adoption, and publication in the manner prescribed by law. 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 11/25/14  CITY OF HACKENSACK RESOLUTION 442-14 RESOLUTION APPOINTING JOHN FLANNIGAN AS MEMBER OF BERGEN COUNTY COMMUNITY DEVELOPMENT COMMITTEE BE IT RESOLVED, by the City Council of the City of Hackensack that John Flannigan be and is hereby appointed as a member of the Bergen County Community Development Committee on behalf of the Mayor and Council for a one year term, effective June 1, 2014 through June 1, 2015; and BE IT RESOLVED, that David Troast be and is hereby appointed to serve as his alternate during the one year term. 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.443-14 RESOLUTION AUTHORIZING RE-APPOINTMENT OF SPECIAL OFFICERS FOR 2015 CALENDAR YEAR BE IT RESOLVED, that the following individuals are appointed as Special Law Enforcement Officers in the City of Hackensack for the period of January 1, 2015 through December 31, 2015: Herman Aguero Christhian Martinez Ariel Vollero Najee Anderson Nicholas Mastroanni Slobodan Vuckovic Alicea Angelo Capt. Dean Mattalian Alexia Walters Anthony Avila Nicholas Mayer Timothy Wanco Oscar Barrea Brian Monico Sgt. Scott Young Emilio Barroso Sgt. John Monaco Violeta Zarate Gjebar Begiri Jon Nunez Sam Zitomer Sgt. Michelle Campo Mark Orlando Brianna Carlo Jasmien Parra Jose Celentano Melissa Pena Juda DeOliveria Selba Perez Juan Duran Tyler Perez Yorki Fernandez Erick Regojo Allan Gamarra Joselyn Robins Josh Jurik Mike Reo James Keyes Ernesto Robinson Nicholas Krentz Brian J. Smith Lt. Melvim Lewis James Sanders Matthew Lia Laura Shakiri Angie Martinez Sgt. John Squillace Council Secon Abstai Absen Member Intro d Yes No n t Excused Battaglia X Deputy Mayor Canestrino X X Sims X X Greenman X Mayor Labrosse X 11/25/14  CITY OF HACKENSACK RESOLUTION NO. 444-14 RESOLUTION AUTHORIZING THE ISSUANCE OF REQUESTS FOR QUALIFICATIONS FOR PROFESSIONAL SERVICES TO THE CITY OF HACKENSACK AND REJECTING RESPONSES RECEIVED FROM A PREVIOUS REQUEST FOR QUALIFICATIONS FOR CITY PROSECUTOR AND ASSISTANT PROSECUTING ATTORNEY WHEREAS, the Local Public Contracts Law grants a specific exception from the public bidding requirements for a municipality seeking a contract for professional services pursuant to N.J.S.A. 40A:11-5(1)(a)(i); and WHEREAS, services provided by attorneys meet the definition of a professional service pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11- 2(6); and WHEREAS, it has become necessary for the City of Hackensack (“City”) to engage professionals to provide professional services; and WHEREAS, notwithstanding the exception to public bidding for professional services contracts, the City of Hackensack desires to appoint such professionals by a “fair and open process” pursuant to “New Jersey Local Unit Pay-to-Play” Law, N.J.S.A. 19:44A-20.1 et seq. WHEREAS, pursuant to N.J.S.A. 19:44A-20.7, a “fair and open process” means, at minimum, that the Request for Qualifications (“RFQ”) shall be: (1) publicly advertised in newspapers or on the Internet website maintained by the municipality in sufficient time to give notice in advance of the contract; (2) awarded under a process that provides for public solicitation of proposals or qualifications and awarded and disclosed under criteria established in writing by the municipality prior to the solicitation of proposals or qualifications; and (3) publicly opened and announced when awarded; and WHEREAS, the City of Hackensack promulgated an RFQ for professional services on October 10, 2014 and after reviewing the responses thereto, wishes to reject all of the bids for City Prosecutor and Assistant Prosecuting Attorney. NOW, THEREFORE, LET IT BE RESOLVED, by the Council of the City of Hackensack, that an RFQ for the following professional services is hereby authorized: 1. City Prosecutor; and 2. Assistant Prosecuting Attorney. 11/25/14  BE IT FURTHER RESOLVED, that the responses to the RFQ for City Attorney and Assistant Prosecuting Attorney that were received pursuant to the RFQ issued on October 10, 2014 are hereby rejected. BE IT FURTHER RESOLVED, that the RFQ for professional services shall be prepared and published in accordance with N.J.S.A. 19:44A-20.5 et seq. and all submissions in response shall be evaluated on the basis of the most advantageous submission, all factors considered, including, but not limited to: 1. Experience and reputation in the field; 2. Knowledge of the City and the subject matter to be addressed under the contract; 3. Availability to accommodate any required meetings of the City; and 4. Any other factors demonstrated to be in the best interest of the City. BE IT FURTHER RESOLVED, that the City Clerk is directed to publish notice of the RFQ for the professional services enumerated above in The Record or Star Ledger, and on the City website with a prominent link on the home page of the City’s website by December 1, 2014. The notice of RFQ shall include the following: 1. A description of the requested professional services for which the RFQ is made; 2. A statement that Qualifications must be submitted to the City Clerk’s office by 10:00 a.m. on December 11, 2014; 3. A statement that the RFQ is being made by the City; 4. The address and phone number of the City Clerk’s office and a statement that applicants may obtain the RFQ document from the Clerk’s office if they cannot obtain the RFQ documents from the City’s internet website; 5. A statement that the RFQ is being made through a fair and open process in accordance with N.J.S.A. 19:44A-20.5 et seq. BE IT FURTHER RESOLVED, that the City Attorney is authorized to effectuate the drafting of the RFQ, which shall include the evaluation criteria hereinabove stated. BE IT FURTHER RESOLVED, that the City Clerk or his or her designee shall publicly open and read aloud the submissions responding to the RFQ, including the name of the applicant and any other pertinent information on December 11, 2014, at 2:00 p.m., in the Council Chambers at City Hall, and any contract the City enters 11/25/14 into pursuant to the RFQ and responses received thereto shall be awarded through a resolution adopted at a public meeting of the City Council. Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia X X Deputy Mayor Canestrino X Sims X Greenman X X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 445-14 RESOLUTION AUTHORIZING PROPOSED BERGEN COUNTY COMMUNITY DEVELOPMENT GRANTS 2015-2016 WHEREAS, Bergen County Community Development Grants have been proposed by the following organizations located in the municipality of Hackensack, New Jersey; and WHEREAS, pursuant to the State Inter-local Services Act, Community Development funds may not be spent in a municipality without authorization by the Mayor and City Council; and WHEREAS, this resolution does not obligate the financial resources of the municipality and is intended solely to expedite expenditure of the aforesaid Community Development Funds. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Hackensack hereby confirms endorsement of the following projects; and BE IT FURTHER RESOLVED, that a copy of this resolution shall be sent to the Director of the Bergen County Community Development Program so that implementation of the aforesaid projects may be expedited. APPLICANT PURPOSE AMOUNT Volunteer Center of Bergen Chore Service $20,000.00 County, Inc. Bergen County Department Visions Mentoring for Homeless $20,000.00 Of Human Services, Division Youth Program Of Family Guidance APPLICANT PURPOSE AMOUNT City of Hackensack ADA Handicapped Ramps $105,000.00 City of Hackensack Road Resurfacing Program $566,000.00 AAH of Bergen County, Inc. Hackensack and Bogota $30,666.00 Supportive Housing AAH of Bergen County, Inc. Housing First Case Mgmt. $60,000.00 Greater Bergen Community Action Child Development Center $78,884.00 of Hackensack Greater Bergen Community Action Security System for Child $47,870.00 11/25/14  Development Center of Hackensack The Arc of Bergen and Passaic Independent Living and Family $13,000.00 Counties Support Programs Heightened Independence and Hispanic Outreach Project/Project $12,568.00 Progress Outreach North Jersey Friendship House Rehabilitation-Member Front End $24,112.00 Inc. Food Serving Area Fair Housing Council of Northern Discrimination/Comprehensive $200,000.00 New Jersey Housing Counseling Bergen County Housing Coalition Tenant Outreach and Guidance $119,000.00 Project Community Housing in Partnership Air Conditioning for the Child $51,800.00 Inc. Development Center of Hackensack Children’s Aid and Family Services Eldercare Expansion Project $27,464.00 Martin Luther King Jr. Senior Program Coordination Initiative $60,000.00 Center Martin Luther King Jr. Senior Intergenerational Afterschool $81,000.00 Center Program 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. 446 -14 RESOLUTION AUTHORIZING TAX REFUNDS 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 $4,476.52 242.02 12 Pless Habeeb, LLP and 2009 SBJ WFK04 LLC & TN02, LLC 3 University Plaza Hackensack, NJ 07601 $10,396.37 242.02 12 Pless Habeeb, LLP and 2011 SBJ WFK04 LLC & TN02, LLC 3 University Plaza Hackensack, NJ 07601 $10,903.69 242.02 12 Pless Habeeb, LLP and 2012 SBJ WFK04 LLC & TN02, LLC 3 University Plaza Hackensack, NJ 07601 $11,333.49 242.02 12 Pless Habeeb, LLP and 2013 SBJ 11/25/14  WFK04 LLC & TN02, LLC 3 University Plaza Hackensack, NJ 07601 $1,661.00 242.02 12 Pless Habeeb, LLP and 2014 SBJ WFK04 LLC & TN02, LLC 3 University Plaza Hackensack, NJ 07601 $1,694.48 308.02 31 Gittleman Muhlstock & Chewcaskie, 2009 SBJ LLC for Landfrank, LLC 2200 Fletcher Ave Fifth Floor Ft Lee, NJ 07024 $2,712.12 308.02 31 Gittleman Muhlstock & Chewcaskie, 2010 SBJ LLC for Landfrank, LLC 2200 Fletcher Ave Fifth Floor Ft Lee, NJ 07024 $3,169.67 402.01 39 Gittleman Muhlstock & Chewcaskie, 2009 SBJ LLC for Landfrank, LLC 2200 Fletcher Ave Fifth Floor Ft Lee, NJ 07024 $4,728.17 402.01 39 Gittleman Muhlstock & Chewcaskie, 2010 SBJ LLC for Landfrank, LLC 2200 Fletcher Ave Fifth Floor Ft Lee, NJ 07024 $6,421.29 402.02 35 Gittleman Muhlstock & Chewcaskie, 2009 SBJ LLC for Landfrank, LLC 2200 Fletcher Ave Fifth Floor Ft Lee, NJ 07024 $10,240.87 402.02 35 Gittleman Muhlstock & Chewcaskie, 2010 SBJ LLC for Landfrank, LLC 2200 Fletcher Ave Fifth Floor Ft Lee, NJ 07024 $32,630.03 504.02 13.01 The Irwin Law Firm Atty Trust 2007 SBJ Account F.B.O. Hackensack VF, LLC c/o Vornado 80 Main St Suite 410 West Orange, NJ 07052 $55,354.51 504.02 13.01 The Irwin Law Firm Atty Trust 2008 SBJ Account F.B.O. Hackensack VF, LLC c/o Vornado 80 Main St Suite 410 West Orange, NJ 07052 $80,619.36 504.02 13.01 The Irwin Law Firm Atty Trust 2009 SBJ Account F.B.O. Hackensack VF, LLC c/o Vornado 80 Main St Suite 410 West Orange, NJ 07052 $166,427.55 504.02 13.01 The Irwin Law Firm Atty Trust 2011 SBJ Account F.B.O. Hackensack VF, LLC c/o Vornado 11/25/14  80 Main St Suite 410 West Orange, NJ 07052 $174,548.72 504.02 13.01 The Irwin Law Firm Atty Trust 2012 SBJ Account F.B.O. Hackensack VF, LLC c/o Vornado 80 Main St Suite 410 West Orange, NJ 07052 $1,512.00 237 2 C004F Beechwood Equities LLC 2014 CBJ For Witter, Yvonne L 120 State St Hackensack, NJ 07601 $332.20 237 1.01 C006E Benson, Christopher 2014 CBJ 128 Prospect Ave #PH-A Hackensack, NJ 07601 $607.93 238 5 C009F Rafferty, Nancy 2014 CBJ 123 Brigantine Boulevard Waretown, NJ 08758 $548.13 238 8 C007B Wells Fargo Home Mortgage 2014 CBJ For Chaudhari, V & M Fernandez MAC X2302-04D Tax Department One Home Campus Des Moines, IA 50328 $27,104.18 Multiple Block & Lots Wells Fargo Home Mortgage 2014 CBJ See Worksheet MAC X2302-04D, Tax Department One Home Campus Des Moines, IA 50328 Council Secon Abstai Absen Member Intro d Yes No n t Excused Battaglia X Deputy Mayor Canestrino X X Sims X X Greenman X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 447-14 RESOLUTION EXPRESSING THE IMPORTANCE TO RECOGNIZE THE STRENGTH OF LOCAL PENSION FUNDING IN REGARDS TO RECOMMENDATIONS FROM GOVERNOR CHRISTIE’S PENSION & HEALTH BENEFIT STUDY COMMISSION WHEREAS, State actuaries confirm by the latest Valuation Report the pension and benefit reform enacted in 2010 and 2011, coupled with the consistent pension payments made by employees and local governing bodies, have resulted in the savings; and WHEREAS, the fiscal health of “Other Than State” public pension systems, report a distinction between local commitments, and the commitments which are a State government’s responsibility; and 11/25/14  WHEREAS, according to the latest Valuation Reports, local government Public Employees Retirement System (local PERS) and local Police and Fire Retirement System (local PFRS), are more sound, due to the fact municipalities and counties have funded full employer contributions as required for over a decade, with local PERS currently funded (comparing assets to liabilities) at 73.9% and local PFRS is currently funded at 76.9%, according to the experts; and WHEREAS, the State PERS, on the other hand, is currently funded at 48.1%, and State PFRS is, at 50.8% and bother will go lower for lack of payment; and WHEREAS, the Officers of the League of Municipalities have submitted a statement to Governor Christie’s Pension and Health Benefit Study Commission, urging that the Final Report and Recommendations of that Study Commission not weaken the vitality of the local pension plans; and NOW THEREFORE, BE IT RESOLVED by the City Council, City of Hackensack, County of Bergen, State of New Jersey that; 1. The City of Hackensack Council urges State policy-makers to recognize the deficit issues are State Funding problems, and reject any recommendations that would threaten municipal budgets and property taxpayers; to share the cost. 2. We recognize the State’s budget problems and are anxious to see results but cannot permit a shifting of the State burdens to our property taxpayers. 3. The Pension and Health Benefits commission must also address State mandated requirements which drive up the cost of funding health benefits insurance by property tax payers. 4. A certified copy of this Resolution is to be forwarded to Govenor Chris Christie, State Treasurer Andrew Sidamon-Eristoff, our State Senator Weinberg Representative Vainieri-Huttle and Representative Johnson in the General Assembly, and to the New Jersey League of Municipalities. 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. 448-14 RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE TERMINATION OF DEED NOTICE WHEREAS, the New Jersey Department of Environmental Protection (“NJDEP”) required the City of Hackensack (the “City”) to “cap” historic fill in Foschini Park; and WHEREAS, the NJDEP required the City to execute and record a deed notice in the Office of the Register of Bergen County advising of the existence of soil contamination in the capped fill; and 11/25/14  WHEREAS, the original deed notice, recorded on December 30, 2010, included the wrong lot and block information for the parcel; and WHEREAS, the City filed a new Deed Notice on March 16, 2011 with the correct lot and block information for the parcel; and WHEREAS, the NJDEP has now requested that the City file a Termination of Deed Notice to terminate the first, incorrect Deed Notice recorded on December 30, 2010; and WHEREAS, the City Council desires to comply with the NJDEP directive. NOW, THEREFORE, LET IT BE RESOLVED, by the Council of the City of Hackensack, that City Manager David Troast is authorized to execute the requisite Termination of Deed Notice pursuant to the NJDEP’s request; and BE IT FURTHER RESOLVED, that the City Clerk be and is hereby directed to effectuate the recording of the Termination of Deed Notice in the Office of the Register for the County of Bergen as is required to put the public on notice that the Deed Notice recorded on December 30, 2010 in Deed Book 00622, Pages 1073- 1098 by the City is terminated. 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. 449-14 RESOLUTION AUTHORIZING TAX APPEAL ATTORNEY TO SETTLE THE CASES ON THE ATTACHED LIST DATED NOVEMBER 21, 2014 THAT WERE SCHEDULED FOR TRIAL OR SETTLEMENT WHEREAS, the name(s) on the attached list are owner(s) of real estate of the Block and Lot(s) specified on said list; and WHEREAS, the owner(s) set forth on the list have filed tax appeal(s) challenging the assessment(s) for the referenced tax year(s) as more specifically set forth on said list; and WHEREAS, each Block and Lot(s) listed therein was/were assessed at the amount(s) stated therein for the noted tax year(s); and WHEREAS, the owner(s) is/are seeking a reduction in the total assessment(s) for said Block and Lot(s) for the respective year(s); and WHEREAS, the City's Tax Appeal Attorney, Marc A. Raso, Esq., has completed discovery/inquiry with respect to these matters and has consulted 11/25/14 with the City's Tax Assessor, Arthur Carlson, CTA and the City's Appraiser, Robert McNerney, MAI and has conducted extensive negotiations with counsel for the taxpayer; and WHEREAS, the parties have agreed that prejudgment interest shall be waived as a condition of any and all settlements; 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, CTA are in agreement with the terms of said settlement(s) and believe that it would be in the best interests of the City to settle said cases in accordance with the terms as stated on the attached list; NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the City of Hackensack agrees to authorize the City's Tax Appeal Attorney, Marc A. Raso, Esq. to execute a Stipulation of Settlement on behalf of the City of Hackensack with respect to the cases on the attached list, pending in the Tax Court of New Jersey for the tax year(s) and at the new assessment(s) stated on said list; and BE IT FURTHER RESOLVED that upon receipt of the Tax Court Judgment(s) for the appeal(s) set forth on the attached list, the City of Hackensack's Tax Collector is authorized to calculate the amount of the refund and cause same to be paid by the earlier of one (1) year from the date of the receipt of the last applicable Tax Court Judgment for each matter or sixty (60) days of the City's receipt of the funds obtained through an emergency/budget/bond appropriation; and BE IT FURTHER RESOLVED that copies of this Resolution are to be provided to the City Clerk, City Tax Assessor, and the City Tax Appeal Attorney, Marc A. Raso, Esq. 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.450 -14 RESOLUTION AUTHORIZING CDBG FOR ROAD RESURFACING FOR 2015-2016 WHEREAS, a Bergen County Community Development Grant of $566,000 has been proposed by the Mayor and Council for Road Resurfacing in the municipality of Hackensack; and WHEREAS, pursuant to the State Inter-local Services Act, Community Development funds may not be spent in a municipality without authorization by the Governing Body; and WHEREAS, the aforesaid project is in the best interest of the people of Hackensack; and WHEREAS, this resolution does not obligate the financial resources of the municipality and is intended solely to expedite expenditure of the aforesaid CD funds. NOW, THEREFORE, BE IT RESOLVED, that the Governing Body of the City of Hackensack hereby confirms endorsement of the aforesaid project; and 11/25/14  BE IT FURTHER RESOLVED, that a copy of this resolution shall be sent to the Director of the Bergen County Community Development Program so that implementation of the aforesaid project may be expedited. 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. 451-14 RESOLUTION AUTHORIZING CDBG FOR ADA HANDICAPPED RAMPS FOR 2015-2016 WHEREAS, a Bergen County Community Development grant of $105,000.00 has been proposed by the Mayor and Council for ADA Handicapped Ramps in the municipality of Hackensack; and WHEREAS, pursuant to the State Inter-local Services Act, Community Development funds may not be spent in a municipality without authorization by the Governing Body; and WHEREAS, the aforesaid project is in the best interest of the people of Hackensack; and WHEREAS, this resolution does not obligate the financial resources of the municipality and is intended solely to expedite expenditure of the aforesaid CD funds. NOW, THEREFORE, BE IT RESOLVED, that the Governing Body of the City of Hackensack hereby confirms endorsement of the aforesaid project; and BE IT FURTHER RESOLVED, that a copy of this resolution shall be sent to the Director of the Bergen County Community Development Program so that implementation of the aforesaid project may be expedited. 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. 452-14 RESOLUTION AUTHORIZING PAYMENT OF BILLS 11/25/14  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 $ 657,032.14 Grants 360.00 Payroll 1,497,258.07 Public Parking System 6,504.55 Capital 1,599,441.24 Escrow 0.00 Trust Account 225,559.19 Total Expenditures $ 3,986,155.19 Interfunds/Transfers $ 98,293.41 A motion was made by Deputy Mayor Canestrino and seconded by Councilman Sims to open the meeting to the public. Chris Coli- Hackensack- Regarding the handicapped ramps why do we put them in at the cost of the tax payers and putting in handicapped ramps where they are no sidewalks on corners. I know we are required. My second question is do you know when these meetings can be televised? Mayor responds to his first question and reverts to City Manager regarding his second question. We were given a channel and we were told at that time that we can publicize our meetings. City Manager responds he will look into it. Thank you. Richard Gelber- Clinton Place- I want to thank the Mayor and Council on behalf of the Hackensack Rotary. We ended up getting thousands of pounds of food. City Hall was one of the best collection points in the city. I don’t know how many pickups we made to city hall. Mayor right before Veterans Day in the Hackensack chronicle the entire back page ad was from a Veterans organization established by the Teaneck Mayor and Council. I felt very strange looking in the Hackensack Chronicle and see that the Teaneck Council was advertising their Veterans Day program. We have failed somewhere. We have active reservists that would be delighted to be part of a committee. Ernie was a hard act to follow. We owe a deep debt of gratitude to our Veterans. We owe them more then to have Teaneck steal the back page of our paper. Please be pro-active on this Mayor. Before I leave I want to say I know these three police officers being honored here tonight and they are great. We owe these cops a debt of gratitude. I wish everyone a Happy Thanksgiving. Kathleen Salvo- Hudson Street- They are two of my favorites. It shows when you have a good police department headed by a good person. A couple of years ago we were dysfunctional. This was really very dangerous and they handled it well. Ed was with us for a few years when we had the bicycles. He was really good and hands on and it was a good way of policing. What to say about our police department I think the best word is professionalism. We need to make an ordinance every block should have sidewalks. The people who don’t have them, we should make a code that they have to have a sidewalk. Some of us don’t have sidewalks. We are a city and a big part of the city are pedestrians. Getting back to bicycles on the sidewalk, bicycles aren’t allowed to ride on the sidewalk. We need to enforce it. It’s very important especially on Main Street. The cable television Chris was right. Cable would let us televise the morning show. We should be getting some kind of perks from them. My right hand turn on Vreeland to Hudson, Debbie did they go out? It’s just going to be 4 ton trucks the limit. Have a Happy Thanksgiving. Regina DiPasqua-Parker Avenue- Earlier at the COW you were having a discussion about the committees and boards and I think Rich Gelber demonstrated why we need the celebration committee. We need citizens. I think we do need a celebration committee of some sort. Regarding the rules 11/25/14 of order I know it was introduced tonight I want to give you my thoughts on it. Are you considering on changing the time limit on the public portion comment. On D, give name and address, we don’t have to give our address that’s not required, state the subject that’s not required. 10-5 Demeanor I would like to double check how well that squares with the first amendment. No hand clapping, so we wouldn’t be able to clap for all these officers. I understand the purpose, if you’re going to restrict people how does it square with the first amendment. This should apply to your demeanor towards us also, how will that be addressed because it goes both ways. I would really love to see every one of you put your cell phones up in front of you. I would like to see something as far as cell phone use. It’s a question quite often out here what are they looking down at? You guys have to set the example. I hope you consider my input on the rules of order. I would like to wish you all a Happy Thanksgiving. Be safe Earl Warden-Hackensack- It’s been a couple meetings since I’ve been here right now I still have nothing else better to do but sit at home and dig. With the help of a few eagles sitting up there and your former city manager you guys killed the recreation. I have emails and texts on my phone how terrible it is. Another young lady who works with my girlfriend said they are calling my registrations from last year just to get the numbers. Other people can’t afford the extra ten dollars. It was all political in removing me it’s a shame because you are only hurting the kids. I did have some personality, I am somewhat respected in this town. You want to say I resigned. You killed our recreation program. There’s no disrespect to Ms. Ruggiero but like any other good cooperation the head is only good as the rest of the body. I once again went on the department of community affairs website you did not declare your income you make from junior basketball. I voted for you guys and I am really sorry. It’s a shame what you guys have done and are still doing. Richard Cerbo-Spring Valley Avenue- There is too much heavy traffic on Spring Valley Avenue. Even the busses are speeding. It’s absolutely ridiculous. Every road parallel with it has no traffic. As per recreation when we were kids all the gyms were open. Every gym was filled and packed and it was a great thing. The people are traveling on sidewalks with their bicycles because you will get killed in the streets. There is lots of speeding and dangerous traffic in Hackensack. I stopped riding a bicycle in Hackensack. So if someone’s on the sidewalk they are on the sidewalk generally for safety. You go to the sidewalk because the streets are ridiculous. As for what I am thankful for are people with generous hearts that they are giving to those less fortunate. There needs to be more of it. I think we ought to be concerned with people at the bottom instead of the top. As for the food drive I think that’s a great thing and its helped lots of people with nothing. There are many people with nothing. All we hear about are jobs at the top. Why not do a jobs program. Why not a new civic center you can show up and get help for everything. The last several meetings there has been a lot of sniping at one of your council people and I think it’s absurd you didn’t gavel them. Perry Jackson-Hackensack- I know I shared a little in the COW Meeting. We have a team of mayors and council people running the city. It’s one thing when we have a team in place to try and work the best you can to eliminate and fix the problems. Definitely with the questions that come up there has to be solutions. Those little things do add up to a lot same thing with cultural arts building, when that’s in place if they decide to have a video person taping those sessions. We definitely have had something in place years ago aiming to prevent the kids off the street and provide meals for the kids who had the summer time off. Some kids may not have the luxury of their parents having the money to provide for these things. Steven Gelber- Clinton Place- First just to echo the thank you regarding the Rotary. Thank you to everyone who participated. It was very nice tonight to see the officers recognized for their services. We see tonight these officers and were reminded of what a great our police department we have. I hope 11/25/14 the snow doesn’t come tomorrow but if he does we will be reminded what a great blue collar department we have. That’s all I have tonight, use the resources you have in this town. In my lifetime this is the first council I’ve seen we don’t have a Veteran on the council and I hope you guys would form a committee. Have a great Thanksgiving and enjoy. Paul Incalcaterra - Broadway - I just wanted to say I had some information I gave you about a month ago and since he has been here I have not had to call Mr. Troast. I am looking forward to our meeting next week. Can I ask you a question I see some construction vehicles at the new cultural center. Mayor responds. I am hoping we continue this positive motion that I have had for the last month and a half that I can count on you to put a leash on the person who heads the recreation department. What happens when the city comes to collect garbage is that separated anywhere in our system. On our corners there’s containers where people throw things, is anything separated there? I am a recycling person and I hate to see things thrown away that can be re-used again. When I was in Point Pleasant about two years ago they had a container made like a bottle and people would put their recycling in there. Is it possible we could have something like that? It’s just a suggestion. When I see Mr. Troast I will discuss it with him. It is a good idea. Thank you for your help and a Happy Turkey Day. Father Laffler- Lodi Street- Ed could write the book on community policing. Both of them are outstanding police officers and both recently passed the sergeants test. If those two officers are the face of our department’s leadership in the future I would say our police department is in good shape. I am just here tonight to give kudos to our police department and director. This is a good city. Our fire department keeps it well and is the number one in the state. Thank you for keeping the city as it is and leading it forward. A motion was made by Councilman Sims and seconded by Deputy Mayor Canestrino to close the meeting to the public. Council Comments Councilman Battaglia- Well, on November 20 it was an honor to represent the Mayor and Council honoring Mr. Lee D’Arminio. Then I attended the condo board meeting and I believe I answered most of your questions about the sports. I know one of the kids he doesn’t play for me but they are trying to draft that kid. I want to wish everyone a wonderful Thanksgiving. Deputy Mayor Canestrino- As many mentioned here tonight we have an outstanding police and fire department. That’s something all our residents need to be thankful for. I am thankful tonight for the good suggestions brought to us. Mr. Coli about televising the meeting, you wouldn’t believe the hoops you have to jump through. It should not be this hard. I am telling you it has been one thing after another. Also, the suggestion about the Veterans committee is an excellent suggestion and it is something that needs to continue. We have a lot of Veterans in our city and we owe it to them. Ms. DiPasqua mentioned about the board appointments, we will have a number of openings on our boards and we welcome your participation. I want to wish everyone a healthy and safe Thanksgiving. I look forward to seeing all of you at our tree lighting. Councilman Sims- I am honored and humbled the rotary club was able to feed some less fortunate people. Police officers I take my hat off to you, it could have been a really bad situation. If you have a family member or friend or know someone who needs a place to eat on Thursday Mount Olive Baptist church and Mount Holly are feeding people on Thursday. I want to thank everyone for coming out and Happy Thanksgiving. Councilwoman Greenman- I am going to take this opportunity to thank you Mr. Cerbo I appreciate your kind remarks about the bad treatment. Your 11/25/14 words redeemed quite a few people. I would also like to thank the police officers for their bravery. They took a volatile situation and made a great decision and I commend them. Let’s not forget what’s going on elsewhere. I wish everyone a Happy Thanksgiving. Mayor Labrosse- Recreation, there were some comments tonight, I haven’t heard one complaint about the recreation department. Whenever you have a change some people might not like it. Our recreation department is in great shape. If anyone has an issue with recreation call Pat Ruggiero or the city manager and we will take care of it. The police officers we honored tonight, had this gone the other way this would not be the Hackensack we see right now. The difference in Hackensack is diversity. Our strength is our diversity. I think that’s one of the reasons why that episode ended up much better than it could have been. Some of us attended the League of Municipalities and it is always very educational and we are there working. Redevelopment is flying along. You’re going to see something happening on Main Street. The special officers are also very important to our city and they do serve a purpose. Rotary great job by Steven Gelber, quite a few people will have a better Thanksgiving now. I am all for the Veterans committee. I have a soft spot in my heart for them. Regarding televising the meetings, we feel like we have been misled so we will get our own box for cablevision. The tree lighting Monday night is a great event. The tree looks beautiful when it’s lit. I want to wish everyone in the city a wonderful and Happy Thanksgiving. There being no further business the meeting was adjourned at 9:40 p.m. Approved by Mayor and Council on February 12, 2015. ______________________________________ Mayor John P. Labrosse, Jr. _______________________________________ Deputy Mayor Kathleen Canestrino _____________________________________ Councilwoman Rose Greenman _______________________________________ Councilman David Sims _____________________________________ Councilman Leonardo Battaglia _________________________________ 11/25/14 Deborah Karlsson, City Clerk 11/25/14