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, December 9, 2014 at 7:05pm. 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 None Approval of Minutes A motion to approve the Special Meeting Minutes from September 29, 2014 was offered by Deputy Mayor Canestrino and seconded by Councilman Battaglia. The Minutes were approved by Mayor Labrosse, Deputy Mayor Canestrino, Councilman Battaglia, and Councilman Sims. Councilwoman Greenman was absent. A motion to approve C.O.W. and Regular Meeting Minutes from October 7, 2014 was offered by Deputy Mayor Canestrino and seconded by Councilman Battaglia. All five Councilmembers approved both Minutes. City Manager’s Report – David R. Troast First to be discussed is the bond anticipation note sale. There was a successful bid on November 13, 2014. Valley National Bank won the bid with a net interest cost of $39,514.93. for a half of a percent. This is better than the .54 percent we received in April’s sale. We have conducted a detailed response to exit the building in case of an emergency by placing framed maps of the nearest exits near doorways throughout City Hall and having a fire drill for the staff. Other public buildings will also be included in this process. Josephine’s Garden at Hackensack University Medical Center is accepting donations for children with cancer. There is a box in the lobby with a list of items they are accepting. New Jersey Energy Strong project is being conducted in at least ten locations by PSE&G. The gas utility will be upgraded next year in response to Super Storm Sandy. The County has received bids to repair the sewer drainage on Summit Avenue. The Cultural Arts Center is hosting a play. Check the website for more details about times and dates for the Rugrats performance. Mayor Labrosse: The Summit Avenue area needs to be salted by the County or our DPW since it will take a while for the bids to be processed. Please contact the County and see if they can handle it like an emergency and attend to it sooner than later. The cold nights will cause a lot of hazardous freezing. 12/9/14 Approval of Resolutions 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. 453-14 FINAL ADOPTION OF ORDINANCE NO. 44-2014, AN ORDINANCE AMENDING PART 1 OF THE CITY OF HACKENSACK MUNICIPAL CODE ENTITLED “ADMINISTRATION LEGISLATION” TO ADD CHAPTER 10, ENTITLED “RULES OF ORDER” This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?” Motion offered by Deputy Mayor Canestrino and seconded by Councilman Sims that there be a public hearing. PUBLIC HEARING – 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. 44-2014 has passed its second and final reading and is hereby adopted. 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 12/9/14  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 37, entitled “Rules of Order,” such that it states: Chapter 37. Rules of Order. § ____37-11 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. § ____37-12 Definitions. A. Unless otherwise stated, all terms shall have the meanings provided by the New Jersey Statutes. 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. § ____37-13 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. 12/9/14  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). 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 12/9/14  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. 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. 12/9/14  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. § ____37-14 Meeting Procedure. 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: 12/9/14  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. 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 12/9/14  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 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 12/9/14  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. § ____37-15 Demeanor. 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. § ____37-16 Videotaping, audiotaping and photographing. 12/9/14 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 Battaglia X Deputy Mayor Canestrino X X Sims X X Greenman X Mayor Labrosse CITY OF HACKENSACK RESOLUTION NO. 454-14 FINAL ADOPTION 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” This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?” Motion offered by Councilman Battaglia and seconded by Councilman Sims that there be a public hearing. PUBLIC HEARING – Kathleen Salvo – Hudson Street – Shouldn’t this read 4 tons not 10 tons? Attorney Scrivo advised that we adopt ordinance as written and then amend at a later date as there is a process to be followed with the State. 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. 45-2014 has passed its second and final reading and is hereby adopted. 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” 12/9/14  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 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 12/9/14 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) 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 x Sims x Greenman x Mayor Labrosse x CITY OF HACKENSACK RESOLUTION NO. 455-14 FINAL ADOPTION OF ORDINANCE NO. 46-2014, AN ORDINANCE AMENDING PART II OF THE CITY OF HACKENSACK MUNICIPAL CODE CHAPTER 109, ENTITLED “LITTERING” 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 Councilwoman Greenman 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. 46-2014 has passed its second and final reading and is hereby adopted. 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 12/9/14 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. 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. 12/9/14 § 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. 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. 12/9/14  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. 456-14 INTRODUCTION OF ORDINANCE NO. 47-2014, AN ORDINANCE AMENDING PART II OF THE CITY OF HACKENSACK MUNICIPAL CODE ENTITLED “GENERAL LEGISLATION” TO ADD CHAPTER 159, ENTITLED “TOWERS AND WRECKERS” BE IT RESOLVED that the above ordinance, being Ordinance 47-2014 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 22, 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. CITY OF HACKENSACK ORDINANCE NO. 47-2014 AN ORDINANCE AMENDING PART II OF THE CITY OF HACKENSACK MUNICIPAL CODE, ENTITLED “GENERAL LEGISLATION” TO AMEND CHAPTER 159, ENTITLED “TOWERS AND WRECKERS” WHEREAS, the City of Hackensack (“City” or “Hackensack”) is in need of regulating towing operations and facilities, the procedure by which persons or companies are chosen, and the punishment for a violation of this section; and WHEREAS, pursuant to N.J.S.A. 40:48-2.49, a municipality may regulate, by ordinance, the removal of motor vehicles from private or public property by operators engaged in such practice, including, but not limited to, the fees charged for storage following removal, fees charged for such removal, notice requirements therefor, and the mercantile licensing of such operators; and WHEREAS, pursuant to N.J.S.A. 40:48-2.54, the governing body of a municipality or county which requires the towing and storage of motor vehicles without the consent of the owners of those vehicles shall adopt an ordinance or resolution, as appropriate, setting forth a model schedule of towing and storage services which they require and the rates therefor, which rates shall be based on the usual, customary and reasonable rates of operators towing and storing motor vehicles in the municipality or county, as applicable; and WHEREAS, the City Council finds it in the City’s best interest to amend the current Chapter 159, Section 159-2, entitled “License required; fees; expiration.” NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF HACKENSACK, as follows: 12/9/14 SECTION 1. The City of Hackensack Municipal Code, Part II entitled “General Legislation,” is amended such that Chapter 159, entitled “Towers and Wreckers,” Section 159-2, Subsection B is amended to read as following: § 159-2 License Required; fees; expiration. B. The fee for the license issued under this chapter shall be $500. The license shall remain in effect from January 1 to December 31 of each year or any part thereof. It may be renewed annually by the operator paying a fee of $500. Before December 31 of any year, the City Council may, by resolution, authorize the extension of permits beyond December 31 of that year for a period not to exceed six (6) months for all permits that were previously issued and remain valid at the date of the Resolution. All licenses issued for the calendar year wherein the Resolution was passed shall be extended without the requirement for payment to renew the license. Upon termination of the extension, all licensees may renew their permit by paying a fee of $500 as previously provided herein. 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 X Deputy Mayor Canestrino X X Sims X Greenman X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 457-14 RESOLUTION AUTHORIZING AND DIRECTING THE PLANNING BOARD TO UNDERTAKE AN INVESTIGATION TO DETERMINE WHETHER THE DELINEATED AREA OF BLOCK 203.01, LOTS 2, 3 & 3.01 AND BLOCK 300, LOTS 3.01 & 3.02 (RECORD SITE) SATISFIES THE CRITERIA FOR DESIGNATION AS AN AREA IN NEED OF REDEVELOPMENT WHEREAS, the City of Hackensack (“the City”) is authorized pursuant to N.J.S.A. 40A:12A-5 to determine that a delineated area in the City is an area in need of redevelopment; and WHEREAS, in order to make such a determination, the City’s governing body must first authorize the City’s Planning Board to undertake a preliminary investigation to determine whether a proposed area is a redevelopment area according to the statutory criteria set forth under N.J.S.A. 40A:12A-5 and 40A:12A-3; and WHEREAS, the City’s governing body also desires to authorize its planning consultant, DMR Architects (“DMR”), to assist the Planning Board in its preliminary investigation of Block 203.01, Lots 2, 3 & 3.01 and Block 300, Lots 3.01 & 3.02 (Record Site) to help guide its determination whether the delineated area is an 12/9/14 “area in need of redevelopment” as set forth under N.J.S.A. 40A:12A-5 and 40A:12A- 3. 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: 1. The Planning Board is hereby authorized and requested to undertake a preliminary investigation of Block 203.01, Lots 2, 3 & 3.01 and Block 300, Lots 3.01 & 3.02 (Record Site) to determine whether the delineated area of investigation constitutes an “area in need of redevelopment” according to the criteria set forth in N.J.S.A. 40A:12A-5 and 40A:12A-3. 2. DMR is hereby authorized to assist the Planning Board in its preliminary investigation of the delineated area of investigation, and to begin preparation of a Redevelopment Plan in the event the Planning Board recommends that all or some of the delineated area of investigation constitutes an “area in need of redevelopment.” 3. The City Manager, DMR, City Attorney and Special Redevelopment Counsel are each hereby authorized and directed to take any necessary and appropriate actions in connection with the investigation of the delineated area of investigation, and are hereby authorized and directed to take such actions, including but not limited to, the negotiation of any and all documents necessary to undertake the investigation as being hereby ratified and confirmed. 4. This Resolution shall become effective immediately upon adoption. 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. 458-14 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 12/9/14  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 Boys & Girls Clubs of Juvenile Intervention $ 55,000 Lodi/Hackensack Family Teen Center Operations of Youth at Risk Prevention Program $ 8,500 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. 459-14 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 $5,536.18 66 43 Nowell Amoroso Klein Bierman P.P. 2007 SBJ For Sanzari, Alfred 155 Polifly Rd Hackensack, NJ 07601 $5,833.85 66 43 Nowell Amoroso Klein Bierman P.P. 2008 SBJ For Sanzari, Alfred 155 Polifly Rd Hackensack, NJ 07601 $6,162.13 66 43 Nowell Amoroso Klein Bierman P.P. 2009 SBJ For Sanzari, Alfred 155 Polifly Rd Hackensack, NJ 07601 $6,476.50 66 43 Nowell Amoroso Klein Bierman P.P. 2010 SBJ For Sanzari, Alfred 155 Polifly Rd Hackensack, NJ 07601 12/9/14 $10,259.50 82.01 15 Michael A. Vespasiano 2010 SBJ Attorney Trust for G&B Partners LLC 331 Main St Chatham, NJ 07928 $13,005.06 82.01 15 Michael A. Vespasiano 2011 SBJ Attorney Trust for G&B Partners LLC 331 Main St Chatham, NJ 07928 $4,817.63 100.03 11 Brach Eichler, LLC 2009 SBJ And 222 Elleen Terrace LLC 101 Eisenhower Parkway Roseland, NJ 07068 $5,063.40 100.03 11 Brach Eichler, LLC 2010 SBJ And 222 Elleen Terrace LLC 101 Eisenhower Parkway Roseland, NJ 07068 $8,196.89 242.02 12 Pless & Habeeb, LLP 2010 SBJ And WFK04, LLC & TN02, LLC 3 University Plaza Hackensack, NJ 07601 $44,757.82 245 2 Carlet, Garrison, Klein & 2011 SBJ Zaretsky LLP Atty for Summit Manor Co 1135 Clifton Ave Suite 104 Clifton, NJ 07013 $45,687.38 247 4 Carlet, Garrison, Klein & 2011 SBJ Zaretsky LLP Atty for Summit Manor Co 1135 Clifton Ave Suite 104 Clifton, NJ 07013 $2,749.37 331 3 Waters, McPherson, McNeill PC 2010 SBJ For Lobosco, Joseph & Lobosco, Angelo 300 Lighting Way P.O. Box 1560 Secaucus, NJ 07096 $28,007.53 412 16 Nowell Amoroso Klein Bierman P.A. 2008 SBJ For Executive Plaza North 155 Polifly Rd Hackensack, NJ 07601 $46,196.04 412 16 Nowell Amoroso Klein Bierman P.A. 2009 SBJ For Executive Plaza North 155 Polifly Rd Hackensack, NJ 07601 $6,941.81 419 31 Michael A. Vespasiano, Atty Trust 2009 SBJ For Rafla, Widad 331 Main St Chatham, NJ 07928 $8,459.95 419 31 Michael A. Vespasiano, Atty Trust 2010 SBJ For Rafla, Widad 331 Main St Chatham, NJ 07928 $10,933.76 422 4 Nowell Amoroso Klein Bierman P.A 2008 SBJ For Carriage House Associates 12/9/14  155 Polifly Rd Hackensack, NJ 07601 $5,347.01 422 4 Nowell Amoroso Klein Bierman P.A 2009 SBJ For Carriage House Associates 155 Polifly Rd Hackensack, NJ 07601 $ 2,698.44 439 36 Michael A. Vespasino 2007 SBJ Attorney Trust account for T&G II LLC 331 Main St Chatham, NJ 07928 $3,892.03 439 36 Michael A. Vespasino 2008 SBJ Attorney Trust account for T&G II LLC 331 Main St Chatham, NJ 07928 $5,218.54 439 36 Michael A. Vespasino 2009 SBJ Attorney Trust account for T&G II LLC 331 Main St Chatham, NJ 07928 $9,903.56 439 36 Michael A. Vespasino 2011 SBJ Attorney Trust account for T&G II LLC 331 Main St Chatham, NJ 07928 $218,138.70 500.01 2 McCarter & English LLP 2012 SBJ For Principal Properties C/O Denholtz ASC Four Gateway Center 100 Mulberry St P.O. Box 652 Newark, NJ 07102 $108,012.22 504.02 13.01 The Irwin Law Firm 2010 SBJ Attorney Trust Account F.B.O. Hackensack VF,LLC c/o Vorando 80 Main St Suite 410 West Orange, NJ 07052 $996.08 505 1 Nowell Amoroso Klein Bierman P.A 2008 SBJ For Carriage House Associates 155 Polifly Rd Hackensack, NJ 07601 $1,052.13 505 1 Nowell Amoroso Klein Bierman P.A 2009 SBJ For Carriage House Associates 155 Polifly Rd Hackensack, NJ 07601 $448.76 505 2 Nowell Amoroso Klein Bierman P.A 2008 SBJ For Carriage House Associates 155 Polifly Rd Hackensack, NJ 07601 $18,194.01 505 2 Nowell Amoroso Klein Bierman P.A 2009 SBJ For Carriage House Associates 155 Polifly Rd 12/9/14  Hackensack, NJ 07601 $1,387.03 511 17 Archer & Greiner P.C. 2007 SBJ For United Water 21 Main St Ste 353 Court Plaza South West Wing Hackensack, NJ 0760 $1,461.61 511 17 Archer & Greiner P.C. 2008 SBJ For United Water 21 Main St Ste 353 Court Plaza South West Wing Hackensack, NJ 0760 $1,543.86 511 17 Archer & Greiner P.C. 2009 SBJ For United Water 21 Main St Ste 353 Court Plaza South West Wing Hackensack, NJ 0760 $59.02 511 17 Archer & Greiner P.C. 2011 SBJ For United Water 21 Main St Ste 353 Court Plaza South West Wing Hackensack, NJ 0760 $990.40 511 17 Archer & Greiner P.C. 2012 SBJ For United Water 21 Main St Ste 353 Court Plaza South West Wing Hackensack, NJ 0760 $1,029.44 511 17 Archer & Greiner P.C. 2013 SBJ For United Water 21 Main St Ste 353 Court Plaza South West Wing Hackensack, NJ 0760 $4,069.55 511 19 Archer & Greiner P.C. 2007 SBJ For United Water 21 Main St Ste 353 Court Plaza South West Wing Hackensack, NJ 07601 $4,288.38 511 19 Archer & Greiner P.C. 2008 SBJ For United Water 21 Main St Ste 353 Court Plaza South West Wing Hackensack, NJ 07601 $4,529.68 511 19 Archer & Greiner P.C. 2009 SBJ For United Water 21 Main St Ste 353 Court Plaza South West Wing Hackensack, NJ 07601 $2,257.52 511 19 Archer & Greiner P.C. 2011 SBJ For United Water 21 Main St Ste 353 Court Plaza South West Wing Hackensack, NJ 07601 $5,694.80 511 19 Archer & Greiner P.C. 2012 SBJ For United Water 12/9/14  21 Main St Ste 353 Court Plaza South West Wing Hackensack, NJ 07601 $5,919.28 511 19 Archer & Greiner P.C. 2013 SBJ For United Water 21 Main St Ste 353 Court Plaza South West Wing Hackensack, NJ 07601 $19,219.42 511 22.01 Archer & Greiner P.C. 2007 SBJ For United Water 21 Main St Ste 353 Court Plaza South West Wing Hackensack, NJ 07601 $20,252.83 511 22.01 Archer & Greiner P.C. 2008 SBJ For United Water 21 Main St Ste 353 Court Plaza South West Wing Hackensack, NJ 07601 $21,392.47 511 22.01 Archer & Greiner P.C. 2009 SBJ For United Water 21 Main St Ste 353 Court Plaza South West Wing Hackensack, NJ 07601 $7,274.22 511 22.01 Archer & Greiner P.C. 2011 SBJ For United Water 21 Main St Ste 353 Court Plaza South West Wing Hackensack, NJ 07601 $18,848.55 511 22.01 Archer & Greiner P.C. 2012 SBJ For United Water 21 Main St Ste 353 Court Plaza South West Wing Hackensack, NJ 07601 $19,591.53 511 22.01 Archer & Greiner P.C. 2013 SBJ For United Water 21 Main St Ste 353 Court Plaza South West Wing Hackensack, NJ 07601 $514.91 237 2 C001A Moshe, Gil 2014 CBJ 100 Prospect Ave Unit 2B Hackensack, NJ 07601 $2,119.44 237 2.B C004G Tyras, Emmy 2014 CBJ 301 Beech St Unit #4 Hackensack, NJ 07601 $102.98 352 104 Quicken Loans 2014 CBJ For Delaney, Francis & Patricia Attention: Escrow 635 Woodward Ave Detroit MI 48226 $558.10 428 1C006E Makhijanil, M & P 2014 CBJ 105 Irving Pl 12/9/14  Rutherford, NJ 07070 $657.76 434 15 C004C Olde School Title Services, LLC 2014 CBJ For Muscarella, Michael 247 Franklin Ave Nutley, NJ 07110 $1,255.72 505 26 Donald Onorato, ESQ 2014 CBJ For Zisa, Frank & Christodoro, Jonathan 5 Atlantic St 2nd Floor Hackensack, NJ 07601 $431.86 540 1 C00A4 Dhodi, A S 2014 CBJ P.O. Box 4783 Clifton, NJ 07015 $95,012.47 Multiple Block and Lots Corelogic Real Estate Tax Service 2014 See worksheet See Worksheet Attention: Tax Refunds One Corelogic Dr Mail Code: DFW 1-3 West Lake, TX 76262 TOTAL $873,449.14 Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia X Deputy Mayor Canestrino X X Sims X Greenman X X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 460-14 RESOLUTION URGING TRANSPORTATION TRUST FUND REAUTHORIZATION AND INCREASED FUNDING FOR LOCAL TRANSPORTATION WHEREAS, local officials know that investments in our rapidly deteriorating transportation infrastructure must be made, since failure to do so can compromise the safety of the public, the economic vitality of our communities and the security of our neighborhoods; and WHEREAS, the New Jersey Department of Transportation (DOT) reports that New Jersey's municipalities are responsible for 64 percent (28,539 center line road miles) of our roads, county governments are responsible for another 22 percent (6,649 center line road miles), and together, local governments are responsible for 39 percent of our bridges; and WHEREAS, local roadways and bridges carry about 55 percent of all of New Jersey’s traffic; and WHEREAS, just last year, the American Society of Civil Engineers reported that 651 of the 6,554 bridges in New Jersey (9.9%) are considered structurally deficient and 1,717 (26.2%) are considered functionally obsolete, and that driving on roads in need of repair costs New Jersey motorists $3.476 billion a year in extra vehicle repairs and operating costs – $601 per motorist, and that 66% of New Jersey’s roads are in poor or mediocre condition; and 12/9/14  WHEREAS, in the first year of the Transportation Trust Fund (FY 1985), Local Aid funding represented almost 22 % of total Transportation Capital funding, but over the years, the Local Aid portion was reduced to 16% in FY 1997, 12% in FY 2004, and 15% in FY 2013, so that the average Local Aid funding over the first 29 years of the Transportation Trust Fund was just under 15%, and WHEREAS, the need for investments in local roads and bridges has not decreased since 1985, and no one has suggested that it will decrease in the future; and WHEREAS, On May 1, New Jersey DOT then-Commissioner Jim Simpson announced that the State’s Transportation Trust Fund is just 14 months away from a $620 million deficit; now, therefore, BE IT RESOLVED, that the governing body of the City of Hackensack joins with the New Jersey League of Municipalities in supporting the “Forward New Jersey” coalition, and we call on State policy-makers to: 1. Reauthorize the Transportation Trust Fund to ensure adequate and reliable funding to meet State and local transportation infrastructure funding needs for the next 10 years; 2 Increase Local Aid funding to ensure adequate and reliable funding to meet all local transportation infrastructure needs; and 3. Increase the municipal share of Local Aid funding and ensure fair funding for all municipalities; and BE IT FURTHER RESOLVED, that given the extent of the local infrastructure, and given the need for strong and steady investment in that infrastructure, we will call for assurances that Local Aid will represent, at a minimum, 25% of annual Transportation Capital spending, and for adjustments in funding, to account for the effects of inflation; and NOW THEREFORE BE IT RESOLVED, that certified copies of this Resolution be forwarded to Governor Chris Christie, Commissioner of the Department of Transportation Jamie Fox, our State Senator Loretta L. Weinberg, our two representatives in the General Assembly Gordon M. Johnson and Valerie Vainieri Huttle, 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 X Sims X X Greenman X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 461-14 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR AN ADDITIONAL TAX APPEAL ATTORNEY WHEREAS, it has become necessary for the City of Hackensack (“City”) to engage a professional service provider as an additional tax appeal attorney; and WHEREAS, the City of Hackensack desires to appoint the professional 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 a request for qualifications (“RFQ”) on the City’s website and in official newspapers on October 22, 2014; and WHEREAS, qualification statements were submitted by professionals to the City by November 5, 2014, at 10:00 a.m.; and 12/9/14  WHEREAS, the qualification statements were reviewed to determine which applicants qualified by meeting 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, on November 10, 2014, qualified a certain professional service provider as an additional tax appeal attorney; and WHEREAS, the City wishes to enter into a contract for services with that provider. NOW, THEREFORE, LET IT BE RESOLVED, by the Council of the City of Hackensack, that the City finds it in its best interests to contract with Gittleman, Muhlstock & Chewcaskie, L.L.P., as an additional tax appeal attorney; and BE IT FURTHER RESOLVED, the contract will not exceed $50,000.00; and BE IT FURTHER RESOLVED that the Chief Financial Officer has prepared and authorized a Certification of Funds 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; and BE IT FURTHER RESOLVED, that the City Manager is hereby authorized to execute a contract with the above professional service provider; 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 contract for public inspection; and BE IT FURTHER RESOLVED that the City Clerk shall advertise the award of this contract 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. 462-14 AUTHORIZATION FOR THE AWARD OF AN EMERGENCY CONTRACT WHEREAS, the Mayor and Council of the City of Hackensack have been advised that an emergency condition exists that affects the safety and welfare of the citizens of the City of Hackensack when the boiler failed at the Fire Department Headquarters at 205 State Street; and WHEREAS, the Project Manager notified the City Manager setting forth the circumstances regarding the emergency; and WHEREAS, the governing body is satisfied that an emergency exists and that immediate action is necessary to restore the aforementioned; and 12/9/14  WHEREAS, the total cost of these repairs is $61,140 which is a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in current account 4-01-26-130-130-271. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hackensack that pursuant to N.J.S.A. 40A:11-6 which authorizes the governing body to award a contract without benefit of public bidding in emergency situations, that the vendor C.J. Vanderbeck & Son Inc., 240 Marshall St, Paterson, NJ 07503 be paid therefore. Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia X Deputy Mayor Canestrino X X Sims X Greenman X X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 463-14 TRANSFER OF 2014 BUDGET APPROPRIATIONS WHEREAS, various Year 2014 bills have been presented for payment this year, which bills were not covered by Year 2014 Budget Appropriations; and WHEREAS, N.J.S.A. 40A:4-58 provides that amounts in excess of appropriations over and above the amounts deemed to be necessary to fulfill the purpose of such appropriations may be transferred to appropriations deemed to be insufficient during the last two months of the year and the first three months of the reserve year. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Hackensack that the transfers in the amount of $314,504 be made between the Year 2014 Budget Appropriations as follows: FROM DEPARTMENT 4-01-23-210-210-200 Group Insurance $170,000 4-01-26-300-300-200 DPW - O/E $30,000 4-01-26-305-307-200 Sanitary Landfill – O/E $104,504 4-01-31-455-455-200 Sewer Treatment – O/E $10,000 Total $314,504 TO DEPARTMENT 4-01-23-215-215-200 Workers’ Compensation $170,504 4-01-26-130-130-200 Buildings / Grounds – O/E $50,000 12/9/14  4-01-26-290-291-200 Snow Removal – O/E $24,000 4-01-31-435-435-200 Street Lighting $70,000 Total $314,504 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. 464-14 RESOLUTION SETTING PARAMETERS FOR PUBLIC COMMENT DURING CITY COUNCIL MEETINGS WHEREAS, governing bodies of local government entities may reasonably regulate the time, place, and manner of public speech in public meetings because they are limited public forums so long as they are adopted for legitimate purposes and provide alternate means of communication; WHEREAS, the Open Public Meetings Act does not limit the discretion of a public body to regulate the active participation of the public at any meeting; and WHEREAS, the City of Hackensack adopted an ordinance setting the procedure and required decorum for public meetings; and WHEREAS, the ordinance allows for reasonable regulation of the public comment portion of every meeting as well as the required decorum of the Councilmembers, staff, and members of the public during public meetings. NOW, THEREFORE, LET IT BE RESOLVED, by the Council of the City of Hackensack, that the following reasonable regulations shall apply to the public comment period and to the public’s opportunity to be heard upon the second reading of an ordinance during regular and special public meetings of the City Council: 1. Each member of the public who wishes to address the City Council shall limit his or her comments to five (5) minutes. BE IT FURTHER RESOLVED, that this Resolution shall take effect upon the effective date of Ordinance 44-2014. BE IT FURTHER RESOLVED, that this Resolution shall remain in effect until superseded by another valid resolution regulating the length of time individuals may speak during the public comment portion of any meeting. 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 12/9/14  CITY OF HACKENSACK RESOLUTION NO. 465-14 RESOLUTION AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF HACKENSACK AND THE COUNTY OF BERGEN FOR THE REALLOCATION OF EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FUNDS WHEREAS, City of Hackensack Resolution 208-14 authorized the City’s application to the Edward Byrne Memorial Justice Assistance Grant (JAG) Program in the amount of $12,267.00 for the purchase of law enforcement audio and radar surveillance equipment; and WHEREAS, the County of Bergen has been granted funds by the JAG program and an Interlocal Agreement has been prepared to reallocate said funds to the City of Hackensack; and WHEREAS, said agreement requires the County of Bergen to allocate to the City of Hackensack the amount of $12,267.00 from the JAG Award No. 2014-DJ-BX-0799 for the sole purpose of purchasing audio and radar surveillance equipment. NOW THEREFORE BE IT RESOLVED that the Mayor and City Clerk shall execute all documents required for the application of this grant. 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. 466-14 RESOLUTION AUTHORIZING PAYMENT OF BILLS 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 $ 8,308,836.76 Grants 1,116.00 Payroll 1,539,275.44 Public Parking System 10,065.44 Capital 760,412.77 Escrow 24,852.08 Trust Account 444,636.37 Total Expenditures $11,089,194.86 Interfunds/Transfers $ 95,024.28 A motion was made by Councilman Sims and seconded by Deputy Mayor Kathleen Canestrino to open the meeting to the public. 12/9/14 Victor Sason- Euclid Ave- On the resolution regarding the record site is that something the record requested? If the designation is made what does that mean exactly? Mayor responds. They originally announced to develop the site into apartments. Why is this move necessary? Any monetary benefits or tax breaks. Mayor responds no tax breaks. City Manager responds to questions and explains the redevelopment process. The increase in the parking meters can someone get 20 cents worth of time for a quarter? Deputy Mayor responds you can get 20 minutes for a quarter. The season is over now but I was wondering if the council would consider banning leaf blowers on Saturdays and Sundays if possible. Mayor responds we will discuss it. Thank you very much. Lynn Hurowitz-Hackensack- Regarding the record site is that property now leased to the county and what is the term? How does the planning board go about investigating? City Manager responds. The question I have is you’re going to designate the planner from the planning board to do that? Who is the planner? Is there a time frame on this? City Manager responds regarding the time frame. Thank you. Kathleen Salvo- Hudson Street- The first part of Main Street the right side only they deemed it in need of redevelopment. We spent a lot of money to do a study. The council at that time just wanted to develop the right side which started a big suit with Monahan. It’s still not developed. We did do this redevelopment with the last council. Monahan is still mad at us. F J Williams-New York City- I would like some information I would like to ask a question to the City Manager I notice a lot of people at night are doing renovating on their houses. What is the rule of thumb for that? I filed an OPRA to see if they got a permit. On one particular OPRA what they’re doing is costing 1100 dollars. When I did renovation on my house and I did the kitchen I had to redo the whole house. I don’t understand the OPRA. When I go down to appeal my taxes I can’t get a reduction in my taxes. Is there a rule of thumb? If you change the windows in your bedroom it’s supposed to be large enough for a fireman to get into. I don’t understand how they get away with it. The city isn’t collecting the tax money. I am just curious. Mayor responds. Thank you very much. Earl Warden- Union Terrace - Last council meeting I came up and quoted some factual numbers. There’s a saying, common sense is not a common thing. That means a whole lot of people who might not like what’s happening don’t call you. The last thing they do is call. A lot of people don’t get involved like that. It doesn’t mean everything is ok. They just move on and do other things. I can speak because I am an African American, they aren’t coming here. They are scared to come here. They just go other places. It doesn’t matter because you’re going to do what you want anyway. You guys aren’t out there amongst the public. The real deal is if you could be a fly on the wall in a lot of common places to hear what really goes on you would be like wow I didn’t know that. It’s sad in the African American community as a whole how many of us are gone. They feel their voice doesn’t matter anyway. Go check your numbers because numbers don’t lie. I voted for this ticket Mr. Mayor because of you. I couldn’t believe your response back to what I said, the people aren’t calling you. Everything is suffering. This city is going backwards and I put my heart into the city. I have given up so much time and money for these kids. You’re damn right I am bitter, I was wrongfully removed from my position. I hope you take a good look at what I said. Alexis Palinkis -Prospect Ave- I have easy questions, I believe they are easy. First one is, are these meetings being televised? I know you can go online. I had asked about the police department having a place where you can drop off out dated prescription drugs? The next thing is information, like Maywood I get a lot of things usually you get it on your smart phone but I get it sent to my email, I haven’t seen anything lately from Hackensack. Could we possibly get more information for what’s going on? Talking about the record site are 12/9/14 we still asking people who develop on the river to put in the walkways? I am concerned with the number of apartments being built everywhere, is there anything else people are looking into other than rental apartments? Mayor responds to comment. It’s the old CVS on every corner and then things close down. Months ago we discussed repaving prospect from Passaic to Essex and you were looking into funding for it. Mayor responds. Daniel Corolla- West Lookout- The Nixel alert situation is a little strange. I got the alert about burglary alerts but it’s just the website and Maywood over uses it. Somewhere there has to be a happy medium. I would like to know what affects my morning commute. Rubbish collection I had an issue. I put some things out to the curb and they sat there for a few days and I called sanitation and they said there were some equipment issues. I wanted to follow up with that. Is it a temporary or permanent thing with the sanitation equipment? City Manager responds. It was brought up about banning leaf blowers on the weekend and I disagree with that, as a new home owner, that’s the only time I can do it. There are leaves on the lawn you have to do what you have to do. Regina DiPasqua- Parker Avenue- The rules of order don’t take effect until they are published. The time limit I hope will be enforced fairly. You let someone go over the limit last time and it has to be fair. You may not like what I have to say but I have the right to say it anyway. I am concerned about the integrity from some of the members of the council. There is a little back story a lot of people might not know. I react to that and I have not forgotten it and I was called not qualified. She has made other personal attacks on me publicly here in this room. Mr. Scrivo I sent you an email and you never responded. When she was saying what she was saying it was allowed to go on. She called me a liar at a meeting and nothing happened. This is why I get upset. She came to where I live personally and I should just take it. I asked for a vote of no confidence and that has been ignored. She makes faces and comments. This cannot continue. If I am sitting in the back and she’s looking at me you can’t see her. Tell me what is going to be different and how will council members be held responsible. I filed a police report, do I have to take action. What’s going to be different? Mayor responds to questions. How are you going to control that doesn’t happen again. I will keep you to your word on that. Richard Salkin-Hackensack- I want to do this right. I have questions and I want to do this right. I believe you indicated you recognized the appearance of a conflict. City Attorney Thomas Scrivo replied. You know I review your bills regularly. A couple of meetings ago I asked about a matter in the eastern district court what was that about? Did the communication go out to the Local Finance Board regarding what I believe is to be a conflict. Is it possible I can get a copy of it? Finally when all that construction was going on and a comment was made about the paving of Central Avenue is what is there now the final product? City Manager and Mayor respond. Jason Nunnermacker-Hackensack- I have an issue with your comments from last meeting about putting the city meetings on the public channel. You indicated the Board of Education is holding the city hostage. When it comes to the schools and the kids we have been very cooperative on both sides. The youth academy that is held every year, we let you use Nellie K. Parker School and didn’t ask for any fees. I know for a fact the city allows us to use the Green Space and they don’t charge us for that. The second SRO agreement I thought went pretty smoothly and an agreement that was a win win for both of us. When you used the term “mislead,” and “taking the city hostage,” I was a little startled by that. I am sure in the heat of the moment we wish we could choose our words better. I got a bunch of emails here where we are trying to help you. You are familiar with CBA’s and I stood up and supported you. We forwarded the city the copy of the CBA. I want to make everyone in this room perfectly clear, we have no problem for you to use the box. Our technical person who does it gave you a step by step 12/9/14 process on what to do and when to do it. However, there is a CBA and we are required to pay that employee for it, all we asked was to be compensated for that. Joe Boretto- I want to see if it’s possible on River Road, PSE&G a couple of months ago ripped the street up and the job they did filling those holes was horrific. My concern is if we get any little bit of ice the plows are going to hit it and they’re going to be ripped up and now you’re going to have gaping holes and you won’t be able to see them. My concern is for such a length they have been out there for a couple of months. City Manager responds. But if its snow or ice my concern is they are going to be huge holes. As we try to move forward and rejuvenate our Main Street it is pretty ironic that there are so many rules governing a business but our town is inundated with for rent signs and they are very big. Is there a limit to that? I just noticed it the other day they stood out. This looks like the town is up for sale. It cheapens it and it is everywhere. It seems these signs just keep getting progressively bigger. Have a good evening and a nice Christmas. Paul Incalcaterra - Broadway – I have a question for you about street cleaning. Is there a limitation that street cleaning is not done because of the weather? Mayor responds. The reason why I ask is the last three weeks there has been no street cleaning on my block. Maybe it has to do with leaves or something. Maybe it has to do with Monday because it was icy. City Manager responds on this. I had a meeting with Mr. Troast and he was very helpful and I look forward to having some peace and quiet there. The last thing I want to say is we always have the saying no news is good news, how often do people come up here and say you guys say a great job. I always think good things should be mentioned and I got to say I went to the Christmas tree lighting and that tree is really nice. The DPW did it? I have to tell you coming up Main Street and seeing that was great. A motion was made by Deputy Mayor Canestrino and seconded by Councilman Battaglia to close the meeting to the public. Council Comments Councilman Battaglia- Thank you for coming, goodnight. Deputy Mayor Canestrino- I would like to talk about the rules of decorum. Our intent is to turn these meetings into a civil discourse and enable productive discussion. We have proven we do listen to you. There has been a number of times we have postponed a vote or pulled a resolution because you guys have brought up valuable information. We try to do as much research as we can but we are not perfect. I know personally I appreciate that. If we need to look into it we will. Please continue to do that. In no way is there any attempt to discourage anything you wish to bring here. We looked at a lot of other towns and their rules of decorum and ours is very similar to theirs. We also looked at our Board of Education’s rules of decorum. Actually I am sad to hear you are removing the word abusive. I think especially as a school we know now especially in the schools the huge anti-bullying campaigns. I think that no one not the public and not us no one should be treated in that fashion. We promise we are here to be open and transparent. Let’s work together. We have lots of problems in the town to solve. You’re not going to agree with us all the time. Let’s do it in a civil manner and set good examples for our children. I am sorry some of you are still unhappy. I think it is a good set of rules. I look forward to nice civil and productive meetings in the future. Have a good night. Councilman Sims- Thank you for coming out and we appreciate your feedback and suggestions. This Saturday at the recreation center we are having our children’s holiday party and next Friday is opening day for recreation basketball. I hope you had a blessed thanksgiving. I checked the 12/9/14 numbers with Pat Ruggiero for kids registered this year and last year and we are not that far off. Councilwoman Greenman- I am glad to see we adopted the rules of order and thank you Mrs. Salvo for noticing it. I also would like to thank Mr. Boretto for noticing how unequally the timing and the rules were applied prior to this most recent adoption and the personal attacks should not be allowed to go on. I want to wish everyone who is celebrating a Happy Hanukkah and next meeting I will wish everyone a Merry Christmas. Stay well. Mayor Labrosse- Jason, first I want to apologize. I didn’t mean it in that context. To be honest the papers you brought up I have never seen. My reference goes back to the last council. There were some comments made about paying the schools to do it. To address Mr. Warden, my comments to him, nobody in this city from basketball has called and complained. I get complaints from every sport other than basketball. Baseball for instance is half of what it was. It is just the nature things go up and down. Things change I certainly am not going to create a panic over one man’s comments. The rules of decorum I don’t have to say much but our intent was to present it both ways in a more civil manner. A lot of us bleed blue and gold in here. We will address Mr. Corolla, those updates need to be done better. We will work on that with Mr. Dib. I want to thank everyone for coming. We will be putting a menorah in city hall. Thank you for coming tonight I appreciate it. 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 _________________________________ Deborah Karlsson, City Clerk 12/9/14