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, June 9, 2015 at 8:20pm. 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 Leonardo Battaglia, Councilman David Sims, and Councilman Jason Some were present. City Manager David Troast and City Attorney Thomas Scrivo were in attendance. Flag Salute Proclamations - None Approval of Minutes A motion to accept the COW Meeting Minutes from April 20, 2015 and the Regular Meeting Minutes from April 20, 2015 was offered by Councilman Battaglia, seconded by Councilman Sims and approved by Mayor Labrosse, Councilman Battaglia, Councilman Sims and Councilman Some. Deputy Mayor Canestrino abstained due to her absence for those meetings. City Manager’s Report – There are a lot of issues with sanitation trucks. We will be picking up two trucks tomorrow and another on Wednesday. There is a lease agreement with those three vehicles. This will improve our services to the residents. These will be first used as recycling vehicles. Building department update, there has been a lot of concern about property maintenance and I have attempted to address that with the department. An update on 76 Main Street, the sidewalk has been repaired and the fence has been moved back to allow for pedestrians. We are also looking at the parking on that street that is cornered off. We may have to do some movement of those fences. There is also a recommendation from the Upper Main Street Alliance to do some art on the panels. Based on my research it does not violate any zoning ordinances to allow that as temporary art work. The council meetings do conflict with some of the summer concert series, so we are recommending holding a double meeting on August 3rd, 2015 and a combined meeting on July 20, 2015. We have spoken about the drone issue and there is a place for it I still would like some more feedback. ITN North Jersey, a group of folks who act like Uber for senior citizens, an opportunity for the seniors in Hackensack to participate with this organization. Road improvements, award of contract for the 2015 road improvements which is on the agenda. The Berry Street issue it will be paved as a change order with funding from the capital ordinance. Mayor comments on Porter Street being included on the list, CFO responds. 6/9/2015 1  Council Intr Secon Ye N Abstai Abse Excuse Member o d s o n nt d Battaglia X X Deputy Mayor Canestrin o X X Sims X Some X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 200-15 FINAL ADOPTION OF ORDINANCE NO. 20-2015 AN ORDINANCE AMENDING SECTION 58 ENTITLED “SCHEDULE IX: STOP INTERSECTIONS” INTERSECTION MAPLE & PANGBORN 3 WAY STOP 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 Battaglia that there be a public hearing. PUBLIC HEARING – None Motion offered by Councilman Sims and seconded by Councilman Some 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. 20-2015 has passed its second and final reading and is hereby adopted. Council Intr Secon Abstai Excuse Member o d Yes No n Absent d Battaglia X X Deputy Mayor Canestrino X X Sims X Some X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 201-15 FINAL ADOPTION OF ORDINANCE NO. 21-2015 A CAPITAL ORDINANCE OF THE CITY OF HACKENSACK FOR VARIOUS IMPROVEMENTS/EQUIPMENT PURCHASES APPROPRIATING $473,000 AND PROVIDING THAT SUCH SUM SO APPROPRIATED SHALL BE RAISED FROM FUND BALANCE OF THE GENERAL CAPITAL FUND OF THE CITY OF HACKENSACK This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?” 6/9/2015 2  Motion offered by Councilman Sims and seconded by Deputy Mayor Canestrino that there be a public hearing. PUBLIC HEARING – None Motion offered by Councilman Sims and seconded by Deputy Mayor Canestrino 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. 21-2015 has passed its second and final reading and is hereby adopted. Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia X X Deputy Mayor Canestrino X X Sims X Some X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 202-15 FINAL ADOPTION OF ORDINANCE NO. 22-2015 AN ORDINANCE AMENDING PART II ENTITLED “GENERAL LEGISLATION,” CHAPTER 170 ENTITLED “VEHICLES AND TRAFFIC” OF THE CITY OF HACKENSACK MUNICIPAL CODE TO AMEND SECTION 49.2 ENTITLED “PARKING FOR THE HANDICAPPED” 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 Some that there be a public hearing. PUBLIC HEARING – None Motion offered by Councilman Sims and seconded by Councilman Battaglia 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. 22-2015 has passed its second and final reading and is hereby adopted. Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia X X Deputy Mayor Canestrino X X Sims X Some X Mayor Labrosse X 6/9/2015 3  CITY OF HACKENSACK RESOLUTION NO. 203-15 FINAL ADOPTION OF ORDINANCE NO. 08-2015 AN ORDINANCE AMENDING PART II OF THE CITY OF HACKENSACK MUNICIPAL CODE, ENTITLED “GENERAL LEGISLATION” TO REPEAL AND REPLACE CHAPTER 159, ENTITLED “TOWERS AND WRECKERS” 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 – None Motion offered by Deputy Mayor Canestrino and seconded by Councilman Battaglia 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. 08-2015 has passed its second and final reading and is hereby adopted. Council Intr Secon Abstai Excuse Member o d Yes No n Absent d Battaglia X Deputy Mayor Canestrino X Sims X X Some X X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 204-15 INTRODUCTION OF ORDINANCE NO. 16-2015, AN ORDINANCE AMENDING PART II ENTITLED “GENERAL LEGISLATION,” CHAPTER 90 ENTITLED “FOOD AND DRINK,” ARTICLE VII ENTITLED “SALE OF TOBACCO PRODUCTS” BE IT RESOLVED that the above ordinance, being Ordinance 16-2015 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 June 23, 2015 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. 6/9/2015 4  Council Intr Secon Abstai Excuse Member o d Yes No n Absent d Battaglia X X Deputy Mayor Canestrino X X Sims X Some X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 205-15 INTRODUCTION OF ORDINANCE NO. 19-2015, AN ORDINANCE AUTHORIZING THE GRANTING OF A UTILITY EASEMENT TO PSE&G OVER A PORTION OF BLOCK 356, LOT 1, BY THE CITY OF HACKENSACK IN BERGEN COUNTY BE IT RESOLVED that the above ordinance, being Ordinance 19-2015 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 June 23, 2015 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. Council Intr Secon Abstai Excuse Member o d Yes No n Absent d Battaglia X Deputy Mayor Canestrino X X Sims X X Some X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 206-15 INTRODUCTION OF ORDINANCE NO. 23-2015, AN ORDINANCE AMENDING PART II ENTITLED “GENERAL LEGISLATION,” CHAPTER 170 ENTITLED “VEHICLES AND TRAFFIC” OF THE CITY OF HACKENSACK MUNICIPAL CODE TO AMEND SECTION 70 ENTITLED “SCHEDULE XXI: PARKING METER ZONES” BE IT RESOLVED that the above ordinance, being Ordinance 23-2015 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 June 23, 2015 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 6/9/2015 5 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. Council Intr Secon Abstai Excuse Member o d Yes No n Absent d Battaglia X Deputy Mayor Canestrino X Sims X X Some X X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 207-15 INTRODUCTION OF ORDINANCE NO. 24-2015, AN ORDINANCE AMENDING ORDINANCE NO. 04-2015 AN ORDINANCE FIXING AND DETERMINING MUNICIPAL CLASS POSITIONS AND SALARY RANGES FOR CERTAIN CONTRACTUAL AND NON-CONTRACTUAL OFFICERS AND EMPLOYEES OF THE CITY OF HACKENSACK BE IT RESOLVED that the above ordinance, being Ordinance 24-2015 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 June 23, 2015 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. Council Intr Secon Abstai Excuse Member o d Yes No n Absent d Battaglia X Deputy Mayor Canestrino X X Sims X X Some X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 208-15 INTRODUCTION OF ORDINANCE NO. 25-2015, AN ORDINANCE AMENDING PART I OF THE CITY OF HACKENSACK MUNICIPAL CODE ENTITLED “ADMINISTRATION LEGISLATION” TO ADD CHAPTER 10, ENTITLED, “RULES OF ORDER” BE IT RESOLVED that the above ordinance, being Ordinance 25-2015 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 June 23, 2015 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 6/9/2015 6 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. Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia X Deputy Mayor Canestrino X Sims X X Some X X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 209-15 BE IT RESOLVED by the City Council of the City of Hackensack that the following liquor licenses be issued in the City of Hackensack, effective July 1, 2015 through June 30, 2016, applicants having complied with the ordinances of the City of Hackensack and any special conditions which may be determined by the City Council, and having paid the required fee: 0223-33-004-005 Palcan Inc. $1,800.00 160 Prospect Avenue 0223-44-014-002 River Wines and Liquors LLC $ 1,350.00 410 River Street 0223-44-016-003 R & C Delicatessen & Liquors (Parisi’s) $ 1,350.00 89 South State Street Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d X Battaglia X Deputy Mayor Canestrino X Sims X X Some X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 210-15 RESOLUTION CONCURRING WITH PLANNING BOARD’S INVESTIGATION AND DESIGNATING BLOCK 204.01, LOT 28 AND BLOCK 301, LOTS 1 AND 6 (COMMONLY KNOWN AS 133 RIVER STREET, 156 MOORE STREET AND 125 RIVER STREET) AS A NON-CONDEMNATION AREA IN NEED OF REDEVELOPMENT WHEREAS, pursuant to N.J.S.A. 40A:12A-6 on January 27, 2015, the governing body authorized and requested the Planning Board to undertake a preliminary investigation (“the Investigation”) to determine whether Block 204.01, Lot 28, and Block 301, Lots 1 and 6 (“the Area of Investigation”) constitutes an area 6/9/2015 7 in need of redevelopment according to the criteria set forth under the Local Redevelopment and Housing Law (“LRHL”), specifically N.J.S.A. 40A:12A-5 and N.J.S.A. 40A:12A-3; and WHEREAS, consistent with the requirements set forth in N.J.S.A. 40A:12A-6, the Planning Board specified and gave notice that on May 13, 2015 a hearing would be held for the purpose of hearing persons who are interested in or would be affected by a determination that the properties in the Area of Investigation are an area in need of redevelopment as that term is defined under the LRHL, N.J.S.A. 40A:12A-1 et seq.; and WHEREAS, Francis Reiner, LLA, PP of DMR Architects publicly presented a “Report of Preliminary Investigation for Determination of an Area in Need of Redevelopment” for the designated Area of Investigation dated April 2015 (“the Investigation Report”) which is attached hereto and made part hereof as Exhibit A; and WHEREAS, the Investigation Report opines that the Area of Investigation, which is already part of the City’s Main Street Rehabilitation Area designated in 2012, evidences significant blighting conditions and characteristics that qualify the Area of Investigation as an “area in need of redevelopment” because it collectively satisfies the “a” “b” “d” and “e” criteria of the LRHL under N.J.S.A. 40A:12A-5; and WHEREAS, the Investigation Report found conditions meeting the “a” criteria upon Block 301, Lot 1 within the Area of Investigation evidencing conditions, such as but not limited to having been abandoned due to unsafe and unsanitary conditions caused by extreme flooding from Superstorm Sandy; and WHEREAS, the Investigation Report found conditions meeting the “b” criteria upon Block 301, Lot 1 within the Area of Investigation evidencing conditions, such as but not limited to being declared an unsafe structure due to Superstorm Sandy damage resulting in extreme water damage making the structure uninhabitable for commercial or other purposes; and WHEREAS, the Investigation Report found conditions meeting the “d” criteria upon Block 301, Lot 1, Block 301, Lot 6, and Block 204.01, Lot 28 within the Area of Investigation evidencing conditions, such as but not limited to: water damage, mold, debris, fallen ceiling tiles, and obsolescence in layout that are detrimental to the health, safety, morals and welfare of the community; and WHEREAS, the Investigation Report found conditions meeting the “e” criteria upon Block 301, Lot 1, Block 301, Lot 6, and Block 204.01, Lot 28 within the Area of Investigation evidencing conditions, such as but not limited to: a growing lack of proper utilization including abandoned structures, poorly designed and excess surface parking areas, and vacant property that epitomizes the current stagnant and not fully productive condition of the land that is unsafe and not otherwise contributing to the public health, safety and welfare of the community; and WHEREAS, in its entirety, the Investigation Report demonstrates that the cumulative effects of the negative conditions existing upon the properties located within the Area of Investigation are having a decadent effect on the surrounding properties, which is demonstrated through the pictures, narrative, City records and uncontested testimony of Francis Reiner, LLA, PP of DMR Architects showing that many of the properties in the immediate vicinity are in visual need of repair, vacant and/or have already been declared as areas in need of redevelopment and rehabilitation too for these reasons; and WHEREAS, on May 13, 2015, the Planning Board held a properly noticed public hearing pursuant to the requirements of N.J.S.A. 40A:12A-6 concerning the Area of Investigation, with Joseph Mecca, Esq., representing the Planning Board being present; and WHEREAS, the hearing was opened to all persons from the public who were generally interested in or would be affected by a finding that the properties within the Area of Investigation constitute an area in need of redevelopment under N.J.S.A. 40A:12A-5 and N.J.S.A. 40A:12A-3; and 6/9/2015 8  WHEREAS, on May 13, 2015, the Planning Board received uncontested testimony from Francis Reiner, LLA, PP of DMR Architects, providing a first-hand account of the conditions that he observed during his exhaustive examination of the properties within the Area of Investigation, which confirmed the description of the conditions and his findings contained in the Investigation Report; and WHEREAS, on May 13, 2015, the Planning Board unanimously adopted a resolution recommending that the governing body of the City of Hackensack designate the Area of Investigation as a non-condemnation area in need of redevelopment due to the substantial evidence that the Area of Investigation meets the criteria enumerated in the Investigation Report pursuant to N.J.S.A. 40A:12A-5. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Hackensack in the County of Bergen, State of New Jersey that it hereby adopts the above recitals, findings of the Planning Board and the Investigation Report attached hereto as Exhibit A prepared by DMR Architects as if set forth fully herein, therefore, determining and hereby declaring that the Area of Investigation consisting of Block 301, Lot 1, Block 301, Lot 6, and Block 204.01, Lot 28 are hereby determined to be a non-condemnation area in need of redevelopment according to the criteria set forth under N.J.S.A. 40A:12A-5 and N.J.S.A. 40A:12A-3. BE IT FURTHER RESOLVED that pursuant to N.J.S.A. 40A:12A-6(b)(5)(c), the City Clerk is hereby authorized and directed to transmit a certified copy of this Resolution to the Commissioner of the Department of Community Affairs for review. BE IT FURTHER RESOLVED that pursuant to N.J.S.A. 40A:12A-6(b)(5)(d), the City Clerk is hereby authorized and directed to transmit a certified copy of this Resolution upon all record owners of the properties located within the delineated Area of Investigation as those names are listed within the official Tax Assessor’s records within ten (10) days of the adoption hereof. BE IT FURTHER RESOLVED that pursuant to N.J.S.A. 40A:12A-6(b)(5)(d), the City Clerk is hereby authorized and directed to transmit a certified copy of this Resolution upon each person, if any, who filed a written objection and stated in such submission and address to which notice of this determination may be sent. BE IT FURTHER RESOLVED that that a certified copy of this Resolution and underlying documents shall be available for public inspection during regular business hours at the Office of the City Clerk. BE IT FURTHER RESOLVED that this Resolution shall take effect immediately pursuant to 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 Some X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 211-15 A RESOLUTION AUTHORIZING THE GRANTING OF A TEMPORARY CONSTRUCTION EASEMENT TO PSE&G OVER A PORTION OF BLOCK 356, LOT 1, BY THE CITY OF HACKENSACK IN BERGEN COUNTY WHEREAS, the City of Hackensack is the owner of Block 356, Lot 1, a property located on or around the intersection of Central Avenue with Railroad Place, West Railroad Avenue and East Railroad Avenue ; and 6/9/2015 9  WHEREAS, Public Service Electric and Gas Company, (hereinafter “PSE&G”) has requested that the City convey a temporary construction easement across a portion of Block 356, Lot 1 to facilitate the installation of cable infrastructure; and WHEREAS, it is in the interests of the citizens of the City to provide the easement to PSE&G; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Hackensack as follows: 1. A temporary construction easement under, through and across that portion of Block 356, Lot 1, as more particularly described on Exhibit A , attached herewith and made a part hereof, is granted to PSE&G; and 2. The consideration to be paid by PSE&G for the temporary construction easement shall be for Six Thousand and Fifty Dollars ($6,050.00); and 3. The Mayor, Clerk and/or City Attorney be and hereby are authorized to prepare and execute such documents as may be reasonably required to effect the conveyance of the temporary construction easement to PSE&G. Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia X X Deputy Mayor Canestrino X X Sims X Some X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 212-15 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 $18,007.72 Multiple Corelogic 2015 Duplicate pymts See Spreadsheet Att: Refund Department P.O. Box 961250 Fort Worth, TX 76161-9858 $1,489.00 218 27 C0308 Johnson, Willie & Sharon 2015 100% Dis Vet 39 Union St Hackensack, NJ 07601 6/9/2015 10  Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia X Deputy Mayor Canestrino X X Sims X X Some X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 213-15 RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR REMOVAL AND REPLACEMENT OF CATCH BASINS WHEREAS, the City of Hackensack advertised and received bids for the Removal and Replacement of Catch Basins within the City of Hackensack; and WHEREAS, bids were received and opened on May 7, 2015; and WHEREAS, the Mayor and Council of the City of Hackensack wish to award this contract to the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack, County of Bergen, as follows: 1. J. Fletcher Creamer and Sons of 101 East Broadway, Hackensack, NJ 07601 is hereby awarded a contract in the amount not to exceed $23,915.00 for the Removal and Replacement of Catch Basins within the City of Hackensack in accordance with the specifications advertised thereof. 2. A Certification of Funds has been prepared and authorized by the Chief Financial Officer for the said contract assuring that there is a sufficient appropriation to fund the purchases authorized in this resolution as an express and mandatory condition of the award of this contract. 3. The City Manager is hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The City Attorney shall review any and all contractual documents prepared in furtherance of this award. Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia X Deputy Mayor Canestrino X X Sims X X Some X Mayor Labrosse X 6/9/2015 11  CITY OF HACKENSACK RESOLUTION NO. 214-15 RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR EMERGENCY STORM AND SANITARY SEWER REPAIRS WHEREAS, the City of Hackensack advertised and received bids for Emergency Storm and Sanitary Sewer Repairs within the City of Hackensack; and WHEREAS, bids were received and opened on May 7, 2015; and WHEREAS, the Mayor and Council of the City of Hackensack wish to award this contract to the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack, County of Bergen, as follows: 1. J. Fletcher Creamer and Sons of 101 East Broadway, Hackensack, NJ 07601 is hereby awarded a contract in the amount not to exceed $95,487.16 for Emergency Storm and Sanitary Sewer Repairs within the City of Hackensack in accordance with the specifications advertised thereof. 2. A Certification of Funds has been prepared and authorized by the Chief Financial Officer for the said contract assuring that there is a sufficient appropriation to fund the purchases authorized in this resolution as an express and mandatory condition of the award of this contract. 3. The City Manager is hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The City Attorney shall review any and all contractual documents prepared in furtherance of this award. Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia X Deputy Mayor Canestrino X X Sims X X Some X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 215-15 RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR 2015 SUMMER FOOD PROGRAM WHEREAS, the City of Hackensack advertised and received bids for the 2015 Summer Food Program run by the Food and Nutrition Services Division of the U.S. Department of Agriculture; and WHEREAS, bids were received and opened on May 21, 2015; and WHEREAS, the Mayor and Council of the City of Hackensack wish to award this contract to the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack, County of Bergen, as follows: 1. Nu-Way Concessionaires, Inc. of 339-345 Bergen Ave. Kearny, NJ 07032 is hereby awarded a contract in the amount not to exceed 6/9/2015 12  $111,005.20 for the 2015 Summer Food Program in the City of Hackensack in accordance with the specifications advertised thereof. 2. A Certification of Funds has been prepared and authorized by the Chief Financial Officer for the said contract assuring that there is a sufficient appropriation to fund the purchases authorized in this resolution as an express and mandatory condition of the award of this contract. 3. The City Manager is hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The City Attorney shall review any and all contractual documents prepared in furtherance of this award. Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia X Deputy Mayor Canestrino X X Sims X X Some X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 216-15 RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR 2015 ROAD RESURFACING PROGRAM WHEREAS, the City of Hackensack advertised and received bids for the 2015 Road Resurfacing Program; and WHEREAS, bids were received and opened on May 27, 2015; and WHEREAS, the Mayor and Council of the City of Hackensack wish to award this contract to the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack, County of Bergen, as follows: 1. D.L.S. Contracting, Inc. of 633 Franklin Ave., Nutley, NJ 07110 is hereby awarded a contract in the amount not to exceed $873,425.00 for the 2015 Road Resurfacing Program in accordance with the specifications advertised thereof. 2. A Certification of Funds has been prepared and authorized by the Chief Financial Officer for the said contract assuring that there is a sufficient appropriation to fund the purchases authorized in this resolution as an express and mandatory condition of the award of this contract. 3. The City Manager is hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The City Attorney shall review any and all contractual documents prepared in furtherance of this award. Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia X Deputy Mayor Canestrino X X Sims X Some X X Mayor X 6/9/2015 13  Labrosse CITY OF HACKENSACK RESOLUTION NO. 217-15 RESOLUTION AUTHORIZING ACCRUED TIME PAYOUT OF $61,851.86 TO CHARLOTTE PANNY WHEREAS, N.J.A.C. 5:30-15 established rules that govern how local government units manage and finance compensation for accumulated absence time for their respective employees, and WHEREAS, accumulated absence includes any sick days, vacation days, personal days, compensatory time or any other absence time authorized as part of an employer agreement, which is not used by the employee during the allowed period and which is permitted to accumulate over time to the benefit of the employee, and WHEREAS, the Chief Financial Officer has certified that the funds and authority exists to pay Charlotte Panny for owed vacation days, sick days and compensatory time, and WHEREAS, City Manager David Troast has authorized the payment of $61,851.86 to Charlotte Panny for said days. NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack hereby approves payment to Charlotte Panny in the amount of $61,851.86 for her accrued time payout in accordance with the rules and regulations established by the Local Finance Board for such payments. Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia X Deputy Mayor Canestrino X X Sims X Some X X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 218-15 RESOLUTION AUTHORIZING ACCRUED TIME PAYOUT OF $100,549.50 TO THOMAS GERVASI WHEREAS, N.J.A.C. 5:30-15 established rules that govern how local government units manage and finance compensation for accumulated absence time for their respective employees, and WHEREAS, accumulated absence includes any sick days, vacation days, personal days, compensatory time or any other absence time authorized as part of an employer agreement, which is not used by the employee during the allowed period and which is permitted to accumulate over time to the benefit of the employee, and WHEREAS, the Chief Financial Officer has certified that the funds and authority exists to pay Thomas Gervasi for owed vacation days, sick days and compensatory time, and WHEREAS, City Manager David Troast has authorized the payment of $100,549.50 to Thomas Gervasi for said days. 6/9/2015 14  NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack hereby approves payment to Thomas Gervasi in the amount of $100,549.50 for his accrued time payout in accordance with the rules and regulations established by the Local Finance Board for such payments. Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia X Deputy Mayor Canestrino X X Sims X Some X X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 219-15 RESOLUTION AUTHORIZING EXECUTION OF SETTLEMENT AGREEMENT WHEREAS, the Governing Body desires to resolve the litigation captioned Darin Robert Oddo v. City of Hackensack, Workers’ Compensation Court, CP No.: 2012-1143. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Hackensack that the City is authorized to settle said claim and the Mayor authorized to execute the requisite settlement documents; and BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to retain a copy of the settlement documents for public inspection. Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia X X Deputy Mayor Canestrino X Sims X X Some X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 220-15 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A DECLARATION OF INTEREST FORM FOR THE TECHNICAL ASSISTANCE GRANT FOR BERGEN COUNTY TRUST FUND’S FLOOD PLAIN PROTECTION PROGRAM WHEREAS, Bergen County is announcing the availability of funds for Technical Assistance Grants to Bergen County Municipalities for Floodplain Protection planning activities; and 6/9/2015 15  WHEREAS, these grants will be available to develop a Floodplain Acquisition Plan (FAP) for a municipality to document and map past flooding events, flooding impact, and identify areas of greatest need of assistance for the removal of existing structures and homes and develop conceptual design plans to restore and/or conserve the natural functions of floodplains once structures are removed; and WHEREAS, this funding is made available through The Land Conservancy of New Jersey and The Rutgers Cooperative Extension Water Resources Program on a shared services contract basis with the County of Bergen Division of Open Space, Recreation, Floodplain Protection, Farmland and Historic Preservation Trust Fund (the Trust Fund). NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the Mayor be and is hereby authorized and directed to execute the Declaration of Interest Form. Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia X Deputy Mayor Canestrino X Sims X X Some X X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 221-15 A RESOLUTION AUTHORIZING THE CITY OF HACKENSACK TO PREPARE A COMBINED SEWER OVERFLOW LONG TERM CONTROL PLAN (LTCP) WHEREAS, the City of Hackensack is serviced by a combined sewer system that transports both sanitary and stormwater in the same collection system, and WHEREAS, wastewater from the City is treated at the Bergen County Utilities Authority (BCUA) Water Pollution Control Facility (WPCF) in Little Ferry, New Jersey, and WHEREAS, the combined sewer system serving the City of Hackensack has limited wet weather capacity and thus has been designed to allow for hydraulic relief of the collection system during significant wet weather events in the form of combined sewer overflows (CSOs), and WHEREAS, the Village of Ridgefield Park, and the Borough of Fort Lee are also served in part by combined sewer systems and are also part of the BCUA district, and WHEREAS, the City of Hackensack has been issued a final NJPDES Permit by the New Jersey Department of Environmental Protection (NJDEP) dated March 12, 2015 with an effective date of July 1, 2015 that permits the discharge of combined sewer overflows from its outfalls, and WHEREAS, similar NJPDES Permits have been issued by the NJDEP to the Bergen County Utilities Authority, the Village of Ridgefield Park and the Borough of Fort Lee, and WHEREAS, the NJPDES permits issued to the Bergen County Utilities Authority, Borough of Fort Lee, the City of Hackensack and the Village of Ridgefield Park contains a schedule of reports or requirements that must e completed within three years of the effective date of the permit; and WHEREAS, the NJPDES permits issued to the Bergen County Utilities Authority, Borough of Fort Lee, the City of Hackensack, and the Village of Ridgefield Park requires that each prepare a CSO Long Term Control Plan (LTCP); and 6/9/2015 16  WHEREAS, the NJDEP has determined that the Bergen County Utilities Authority, the Village of Ridgefield Park, the City of Hackensack, and the Borough of Fort Lee for a “Hydraulically Connected System”; and WHEREAS, the NJDEP encourages a single LTCP to be developed and submitted on behalf of all of the permittees in a hydraulically connected sewer system; and WHEREAS, the submission of a single LTCP does not preclude the City of Hackensack from developing its own LTCP for its combined sewer system, but rather means that it will cooperate with other permittees in assessing and evaluating regional impacts; and WHEREAS, the present three (3) year schedule would not afford the City of Hackensack the opportunity to work with other combined sewer permittees in the region in a cooperative and responsible manner to meet public notification or compliance base monitoring requirements; and WHEREAS, the NJPDES permit allows a change in schedule from three (3) years to up to five (5) years for completion of the schedule of reports and requirements within the permit if a single LTCP is prepared within the hydraulically connected sewer system; and WHEREAS, the NJDEP requires a written commitment from each of the individual permittee within a hydraulically connected sewer system to work cooperatively towards a single LTCP; and WHEREAS, the City of Hackensack needs to make know its interest and intent to cooperate with other permittees in the development of a single LTCP. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Hackensack as follows: 1. The above recitals are incorporated herein as though fully set forth at length. 2. The Mayor and Council encourages the Bergen County Utilities Authority, the Village of Ridgefield Park, and the Borough of Fort Lee to strongly consider the benefits of a single LTCP, including but not limited to the extension of the report and requirements schedule to five (5) years and to undertake the necessary steps to pass similar resolutions making it known of their intent to cooperate. 3. Representatives of the City shall also join with other CSO permittees within the region, including but necessarily limited to the NJ CSO Group that has been formed by the Passaic Valley Sewerage Commission, to evaluate and consider working together in a regional approach to certain requirements of their permit wherein that cooperation is deemed to be in the best interest of the City. 4. The Committee request that the New Jersey Department of Environmental Protection provide and approve an extension of time to the final permit to be consistent with a five (5) year report and compliance schedule. Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia X Deputy Mayor Canestrino X X Sims X Some X X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO.222-15 A RESOLUTION AUTHORIZING THE CITY OF HACKENSACK 6/9/2015 17  TO ENTER INTO A COOPERATIVE PRICING AGREEMENT WHEREAS, N.J.S.A. 40A:11-11(5) authorizes contracting units to establish a Cooperative Pricing System and to enter into Cooperative Pricing Agreements for its administration; and WHEREAS, the New Brunswick Parking Authority, hereinafter referred to as the “Lead Agency” has offered voluntary participation in a Cooperative Pricing System for the purchase of goods and services; WHEREAS, on June 9, 2015 the governing body of the City of Hackensack, County of Bergen, State of New Jersey duly considered participation in a Cooperative Pricing System for the provision and performance of goods and services; NOW, THEREFORE BE IT RESOLVED as follows: TITLE This RESOLUTION shall be known and may be cited as the Cooperative Pricing Resolution of the City of Hackensack. AUTHORITY Pursuant to the provisions of N.J.S.A. 40A:11-11(5), the City of Hackensack is hereby authorized to enter into a Cooperative Pricing Agreement with the Lead Agency. CONTRACTING UNIT The Lead Agency shall be responsible for complying with the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) and all other provisions of the revised statutes of the State of New Jersey. Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia X X Deputy Mayor Canestrino X Sims X X Some X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 223-15 AUTHORIZING PERSON TO PERSON LIQUOR LICENSE TRANSFER – BARBARA A. EDWARDS, TRUSTEE, 88 CAPITAL, INC. d/b/a FRONTIER LIQUORS TO KAKU, LLC WHEREAS, an application has been received in the Clerk’s Office to approve a person–to-person transfer of a retail distribution liquor license from Barbara A. Edwards, Trustee, 88 Capital, Inc. d/b/a Frontier Liquors to Kaku, LLC, including a disclosure of all funds used in the purchase of the license; and WHEREAS, consent has been received from Barbara A. Edwards, Trustee, 88 Capital, INC. d/b/a/Frontier Liquors and has been filed with the Clerk of the City of Hackensack; and WHEREAS, proof of publication has been submitted to the Clerk’s Office of the City of Hackensack of the notice of application for the said person to person transfer; and WHEREAS, no written objections have been received and all applicable fees have been submitted to the City of Hackensack and the State of New Jersey; and WHEREAS, the Mayor and Council further finds that the submitted application is complete; the application has disclosed and the City has reviewed, the source of all funds to be used in the purchase of the license and to the extent that 6/9/2015 18 the Mayor and Council can conduct an investigation and review of the submitted documents, the applicant is qualified to be licensed under the applicable New Jersey Statues and Regulations and City Ordinances. NOW THEREFORE BE IT RESOLVED, that the following person to person transfer be approved effective June 9, 2015. Plenary Retail Distribution (pocket) license From: Barbara A. Edwards, Trustee, 88 Capital, INC. d/b/a Frontier Liquors - License Number 0223-44-066-004 To: Kaku LLC – License Number 0223-44-066-005 Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia X X Deputy Mayor Canestrino X Sims X X Some X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 224-15 RESOLUTION AUTHORIZING THE ISSUANCE OF REQUESTS FOR QUALIFICATIONS FOR PROFESSIONAL SERVICES TO THE CITY OF HACKENSACK WHEREAS, as of January 1, 2006, N.J.S.A. 19:44A-1et seq., commonly known as the “State Pay to Play” Law, enacted by the New Jersey State Legislature became effective; and, WHEREAS, pursuant to N.J.S.A. 19:44A-20.5, a municipality may not award a contract with a value in excess of $17,500.00 to a business entity that has made a contribution within one year of the date the contract is to be awarded that is reportable by the recipient under P.L. 1973, c.83 (C.19:44A-1 et seq.) to a municipal political party committee in that municipality if a member of that party is serving in elective public office when such contract is awarded or to any candidate committee of any person who is serving in an elective public office of the municipality when such contract is awarded, unless the contract is awarded under a “fair and open process” pursuant to N.J.S.A. 19:44A-20.5; and 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 6/9/2015 19 writing by the municipality prior to the solicitation of proposals or qualifications; and (3) publicly opened and announced when awarded; and WHEREAS, it has become necessary for the City of Hackensack (“City”) to engage various professionals and extraordinary unspecifiable service providers; and WHEREAS, the City of Hackensack desires to appoint such professionals and extraordinary unspecifiable service providers by a “fair and open process” pursuant to N.J.S.A. 19:44A-20.1 et seq. NOW, THEREFORE, LET IT BE RESOLVED, by the Council of the City of Hackensack, that RFQs for the following professional services are hereby authorized: 1. City Attorney; 2. City Prosecutor; 3. Alternate City Prosecutor; 4. Public Defender/Conflict Public Defender; 5. Labor Attorney; 6. Bond Counsel; 7. Tax Appeal Attorney; 8. Tax Appeal Appraiser; 9. Consulting Municipal Engineer; 10. Municipal Auditor and Financial Management Services; 11. Grants Consultant; 12. Redevelopment Attorney; 13. Affordable Housing Counsel; 14. Special Litigation Counsel; 15. Insurance Coverage Attorney; and 16. Other professional services and extraordinary unspecifiable services as the Council may deem appropriate to award pursuant to a “fair and open process.” BE IT FURTHER RESOLVED, that all of the RFQs for the professional services and extraordinary unspecifiable services as set forth hereinabove shall be prepared and published in accordance with N.J.S.A. 19:44A-20.1 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; 6/9/2015 20  2. Knowledge of the subject matter to be addressed under the contract; 3. Availability to accommodate any required meetings of the City or City Agency; and 4. Any other factors demonstrated to be in the best interest of the City or City Agency. BE IT FURTHER RESOLVED, that the City Clerk is directed to publish notice of the RFQs for the professional services and extraordinary unspecifiable 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 June 23, 2015. The notice of RFQs shall include the following: 1. A description of the requested professional or extraordinary unspecifiable service for which the RFQ is made; 2. A statement that Qualifications must be submitted by 10:00a.m. on July 8, 2015; 3. A statement that the RFQs are 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 RFQs, 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 RFQs, including the name of the applicant and any other pertinent information on July 8, 2015, at 2:00 p.m., in the Council Chambers at City Hall. Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia X Deputy Mayor Canestrino X X Sims X Some X X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 225-15 6/9/2015 21  RESOLUTION AUTHORIZING ACCRUED TIME PAYOUT OF $47,031.73 TO LUCIANO ANGIOLILLI WHEREAS, N.J.A.C. 5:30-15 established rules that govern how local government units manage and finance compensation for accumulated absence time for their respective employees, and WHEREAS, accumulated absence includes any sick days, vacation days, personal days, compensatory time or any other absence time authorized as part of an employer agreement, which is not used by the employee during the allowed period and which is permitted to accumulate over time to the benefit of the employee, and WHEREAS, the Chief Financial Officer has certified that the funds and authority exists to pay Luciano Angiolilli for owed vacation days, sick days and compensatory time, and WHEREAS, City Manager David Troast has authorized the payment of $47,031.73 to Luciano Angiolilli for said days. NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack hereby approves payment to Luciano Angiolilli in the amount of $47,031.73 for his accrued time payout in accordance with the rules and regulations established by the Local Finance Board for such payments. Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia X Deputy Mayor Canestrino X X Sims X X Some X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 226-15 RESOLUTION AUTHORIZING ACCRUED TIME PAYOUT OF $21,919.60 TO PETER PAUL WHEREAS, N.J.A.C. 5:30-15 established rules that govern how local government units manage and finance compensation for accumulated absence time for their respective employees, and WHEREAS, accumulated absence includes any sick days, vacation days, personal days, compensatory time or any other absence time authorized as part of an employer agreement, which is not used by the employee during the allowed period and which is permitted to accumulate over time to the benefit of the employee, and WHEREAS, the Chief Financial Officer has certified that the funds and authority exists to pay Peter Paul for owed vacation days, sick days and compensatory time, and WHEREAS, City Manager David Troast has authorized the payment of $21,919.60 to Peter Paul for said days. NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack hereby approves payment to Peter Paul in the amount 6/9/2015 22  of $21,919.60 for his accrued time payout in accordance with the rules and regulations established by the Local Finance Board for such payments. Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia X X Deputy Mayor Canestrino X X Sims X Some X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 227-15 RESOLUTION AUTHORIZING REFUNDS FOR HACKENSACK RECREATION DEPARTMENT BE IT RESOLVED by the City Council of the City of Hackensack that the proper officers be and are hereby authorized to make the following refund for the reason stated: $50.00 is a refund for Staib Park Permit Refund to: Mrs. Natasha Hudson 238 Jackson Avenue Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia X Deputy Mayor Canestrino X X Sims X X Some X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 228-15 RESOLUTION AUTHORIZING THE CITY OF HACKENSACK TO APPLY FOR THE BONUS GRANT FOR FOOD WASTE, ABANDONED TIRES AND PUBLIC SPACE RECYCLING WHEREAS, The New Jersey Department of Environmental Protection has announced a $400,000 “Bonus” grant program that will provide targeted grants for recycling initiatives in three areas: food waste recycling, scrap tire removal and recycling in public spaces. Bonus grants will be made available to local governments (municipalities and counties) and to county institutions (colleges, health care and corrections facilities). This program is funded through the Recycling Tax established in the “Recycling Enhancement Act”. WHEREAS, The recycling regulations impose on municipalities certain requirements as a condition for applying for tonnage grants, including but not 6/9/2015 23  limited to, making and keeping accurate, verifiable records of materials collected and claimed by the municipality; and WHEREAS, A resolution authorizing this municipality to apply for the Bonus Grant for Food Waste, Abandoned Tires and Public Space Recycling will memorialize the commitment of this municipality to recycling and to indicate the assent of the Mayor and Council to the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations; and NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the City of Hacknesack hereby endorses the submission of the Bonus Grant for Food Waste, Abandoned Tires and Public Space Recycling grant application to the New Jersey Department of Environmental Protection; and BE IT FURTHER RESOLVED that the monies received from the Bonus Grant for Food Waste, Abandoned Tires and Public Space Recycling grant be used solely for the purposes outlined in the Bonus Grant application. Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia X Deputy Mayor Canestrino X X Sims X Some X X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 229-15 RESOLUTION OF THE CITY OF HACKENSACK, COUNTY OF BERGEN, DECLARING THE INTENT TO FULLY COMPLY WITH ITS CURRENT AND FUTURE AFFORDABLE HOUSING OBLIGATIONS AND TO SERVE AS THE "CATALYST FOR CHANGE" THEREBY RENDERING ANY MOUNT LAUREL LAWSUITS AS “UNNECESSARY LITIGATION” WHEREAS, in So. Burlington County N.A.A.C.P. v. Tp. of Mount Laurel, 92 N.J. 158, 279-80 (1983) (“Mount Laurel II”), the New Jersey Supreme Court ruled, subject to several other limitations, that in order for a plaintiff to be entitled to a builder's remedy, it must "succeed in litigation;" and WHEREAS, in Toll Bros. Inc. v. Tp. of W. Windsor, 173 N.J. 502, 507 (2002), the Supreme Court ruled that in order for a developer to succeed in litigation, it must not only prove that the municipality failed to create a realistic opportunity to satisfy its affordable housing obligation, but also must be the “catalyst for change;” and WHEREAS, on September 26, 2013, the Supreme Court released In re Adoption of N.J.A.C. 5:96 & 5:97 by N.J. Council on Affordable Housing, 215 N.J. 578 (2013) which invalidated the Round 3 regulations adopted in 2008 by the New Jersey Council on Affordable Housing (“COAH”); and WHEREAS, on March 14, 2014, the Supreme Court issued an order directing COAH to propose new Round 3 regulations on or before May 1, 2014 and to adopt them by October 22, 2014; and WHEREAS, the March 14, 2014 Order further provided that, if COAH failed to meet these deadlines, the Court would entertain a Motion in Aid of Litigant’s Rights which could 6/9/2015 24 include an application for the right, on a case-by-case basis, to file a builder’s remedy suit against a municipality under COAH’s jurisdiction, such as the City; and WHEREAS, the State of New Jersey retained Rutgers University to prepare a fair share methodology for the first and second rounds (collectively the “Prior Round” – from 1987 to 1999) for COAH; and WHEREAS, the Center for Urban Policy Research (“CUPR”) of Rutgers University prepared a methodology in 2014 for Round 3, which COAH (a) incorporated into the regulations it proposed for adoption on April 30, 2014 and (b) caused to be published in the New Jersey Register on June 2, 2014, thereby triggering a public comment period; and WHEREAS, pursuant to these proposed regulations, COAH assigned the City a 425-unit Rehabilitation obligation, a surplus of 395 units for the Prior Round, and a 0-unit prospective Round 3 obligation; and WHEREAS, COAH accepted public comments on the proposed Round 3 regulations until August 1, 2014, and indeed received roughly 3,000 comments; and WHEREAS, on October 20, 2014, the COAH Board met to consider adopting the proposed regulations, but reached a 3-3 voting deadlock and therefore did not adopt the proposed regulations; and WHEREAS, COAH therefore failed to meet the Supreme Court’s October 22, 2014 deadline; and WHEREAS, COAH’s failure to adopt the proposed regulations left New Jersey municipalities including the City in a continuing state of limbo despite Hackensack’s unquestionable commitment to voluntary constitutional compliance; and WHEREAS, on October 31, 2014, Fair Share Housing Center (“FSHC”) filed a Motion In Aid of Litigant’s Rights urging the Supreme Court, among other things, to direct trial judges -- instead of COAH -- to establish standards with which municipalities must comply; and WHEREAS, FSHC’s motion included an alternative fair share calculation for each municipality prepared by its expert David N. Kinsey, FAICP, who updated his initial report on April 16, 2015; and WHEREAS, the existence of a second set of fair share numbers from FSHC further highlighted the uncertainty of the framework with which municipalities must ultimately comply because there are no standards with which to comply; and WHEREAS, FSHC now contends, based upon the updated April 16, 2015 report of its expert that the City has a 420-unit Rehabilitation obligation; a 201-unit Prior Round obligation; and a 0-unit Round 3; and WHEREAS, on March 10, 2015, the Supreme Court issued a decision entitled In the Matter of the Adoption of N.J.A.C. 5:96 and 5:97 by the New Jersey Council on Affordable Housing, 221 N.J. 1 (2015), in which it (1) found that COAH had violated its March 14, 2014 Order by failing to adopt new Round 3 regulations by October 22, 2014; (2) held that, without new Round 3 regulations, COAH could not process petitions for substantive certification for the 314 municipalities currently under COAH’s jurisdiction; (3) directed trial courts to assume COAH’s functions; (4) authorized municipalities under COAH’s jurisdiction to file a Declaratory Judgment Action along with a motion for Temporary Immunity by July 8, 2015, or risk exposure to exclusionary zoning lawsuits; and (5) ruled that municipalities would have five months to prepare and file a Housing Element and Fair Share Plan with a trial court for review; and WHEREAS, trial courts must now (1) calculate the “fair share” obligations for Round 3 and establish the standards with which municipalities must satisfy these obligations; and (2) process declaratory judgment actions filed by municipalities seeking approval of an affordable housing plan based upon new judicially established standards (not yet determined); and 6/9/2015 25  WHEREAS, the Supreme Court emphasized that municipalities bear no responsibility for COAH’s inexcusable failure to adopt Round 3 regulations, and emphasized the longstanding preference for municipalities to comply voluntarily; and WHEREAS, in 2013, the City secured COAH’s jurisdiction by filing its duly-adopted and endorsed Housing Element and Fair Share Plan before becoming a defendant in any exclusionary zoning lawsuits; and WHEREAS, the City’s commitment to voluntary compliance is clearly demonstrated by the recent fair share calculations set forth by COAH’s and FSHC’s experts and the plethora of credits to which the City is entitled; and WHEREAS, regardless of whatever affordable housing obligation the courts, COAH, or the Legislature ultimately assign, the City remains committed to comply voluntarily with those obligations; and WHEREAS, given all that Hackensack has done to provide housing for low and moderate income households and its commitment to comply with any future obligation once that obligation is determined, it would be particularly unfair for Hackensack to suffer exposure to any exclusionary zoning lawsuits; and WHEREAS, the City wishes to be in a position to complete its efforts to comply voluntarily once its obligations are defined; and WHEREAS, accordingly, the City wishes to follow the path provided by the Supreme Court and by filing a Declaratory Judgment Complaint and simultaneously filing a Motion for Immunity so that the City can complete its efforts to comply voluntarily with whatever standards the trial judge may determine are appropriate; and WHEREAS, the City herein intends to make its intentions inescapably clear to the public and all interested parties. NOW, THEREFORE, BE IT RESOLVED as follows: 1. The City hereby reaffirms its commitment to satisfy its affordable housing obligations, however they may ultimately be defined, voluntarily and in the absence of any Mount Laurel lawsuits. 2. The City hereby authorizes and directs its special Mount Laurel counsel to file a Declaratory Judgment Complaint between June 8, 2015 and July 8, 2015, and to simultaneously file a Motion for Temporary Immunity while the Court reviews the City’s Round 3 Housing Element and Fair Share Plan as will be amended and filed with the Court within the deadlines to be established by the Court. 3. The City authorizes and directs its legal and planning professionals to seek a judicial determination of its present and prospective affordable housing obligations, and thereafter to collaborate with the City’s administrative personnel and to take all necessary and reasonable actions to satisfy the obligations expeditiously, to the extent that Hackensack has not done so already. 4. This Resolution shall take effect immediately. Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia X X Deputy Mayor Canestrino X 6/9/2015 26  Sims X X Some X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 230-15 RESOLUTION AUTHORIZING EXECUTION OF LICENSE AGREEMENT FOR ACCESS TO PRIVATE PROPERTY TO CONSTRUCT APPURTENANCES TO THE STORM SEWER SEPARATION PROJECT WHEREAS, the City of Hackensack (the “City”) wishes to install new storm sewer pipes, a new head wall along the river, and appurtenances thereto on private property located at Block 402.01, Lot 10.01; and WHEREAS, in order to do so, the City requires a temporary license on the property; and WHEREAS, the City and K.F.V., LLC, the owner of the property, have negotiated in good faith and are prepared to enter into a License Agreement. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Hackensack that the Mayor is authorized to execute the License Agreement; and BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to retain a copy of the License Agreement for public inspection. Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia X Deputy Mayor Canestrino X X Sims X Some X X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 231 -15 RESOLUTION ASSIGNING THE LAW FIRMS CARMAGNOLA & RITARDI, LLC; AND GRIECO & DEFILIPPO, LLC AS SPECIAL LITIGATION COUNSEL WHEREAS, it has become necessary for the City of Hackensack (“City”) to engage various professional service providers, specifically, special litigation counsel; and WHEREAS, the City finds it in its best interests to assign certain professional service providers to handle various matters; and WHEREAS, the professional service providers were previously qualified as Special Litigation Counsel by Resolution 275-14; and 6/9/2015 27  NOW, THEREFORE, LET IT BE RESOLVED, by the Council of the City of Hackensack, that the City finds it in its best interests to assign the following professional service providers to represent various defendants in the Rose Greenman v. City of Hackensack, et al., matter, Case No.: 2:15-cv-03274-KM-MAH: 1. Special Litigation Attorney - Representation of the City, Mayor John Labrosse, and Deputy Mayor Kathleen Canestrino in Greenman v. City of Hackensack, et al. Carmagnola & Ritardi, LLC (Compensation will not exceed $75,000 without the express written authorization of the City) 2. Special Litigation Attorney - Representation of Art Koster and Albert Borelli in Greenman v. City of Hackensack, et al. Grieco & DeFilippo, LLC (Compensation will not exceed $50,000 without the express written authorization of the City) BE IT FURTHER RESOLVED that the Chief Financial Officer certifies that funds are available for the above professional services; and BE IT FURTHER RESOLVED that the Chief Financial Officer is authorized to process payment to the above professional service providers pursuant to the contract upon receipt of properly completed vouchers; and BE IT FURTHER RESOLVED, that the City Clerk be and is hereby directed to retain a copy of the contracts for public inspection; and BE IT FURTHER RESOLVED that the City Clerk shall advertise the award of these contracts as required by law. Council Intr Secon Abstai Absen Excuse Member o d Yes No n t d Battaglia X X Deputy Mayor Canestrino X X Sims X Some X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 232-15 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 $ 1,301,123.64 Grants 19,710.00 Payroll 1,588,379.55 6/9/2015 28  Public Parking System 2,415.23 Capital 344,437.51 Escrow 15,591.25 Trust Account 152,325.37 Total Expeditures 3,423,982.55 Interfunds/Transfers $ 348,948.09 Mayor called for a Five Minute Recess Councilman Sims left the meeting at 9:00 P.M. Public Comment A motion to open the meeting to the public was offered by Councilman Battaglia and seconded by Councilman Some. Robert Chandler- Prospect Ave- I wanted to come tonight because I had a couple of questions and comments. I wanted to congratulate my friend Jason Some. LTACH again living on Prospect Ave and fighting it I am thrilled it was defeated. People living on Prospect Ave know what it’s like with traffic now. My only question as to certain comments regarding the contract with Hackensack Hospital, my question is regarding the ambulances. Years ago they came to my apartment and unfortunately I wasn’t dressed yet and they were so wonderful and then I never got a bill. Now I hear the residents will be charged for hospital services, what is the cost and how do we handle that? City Manager comments on the process regarding ambulances services. If my insurance doesn’t pay any of it the City will pay the whole bill? City Manager responds. I am unsure who negotiated this contract with the Hospital. City Manager responds we are currently in litigation and we cannot discuss. Thank you very much. Jason Nunnermacker- Hackensack- Through OPRA I put together a timeline of events from the Hackensack Medical Center. On November 17, 2014 emails reflect a meeting between the City and the Medical Center occurred. On December 7, 2014 emails show a formal draft of agreement was circulated. February 23, 2015 the Deputy Mayor in closed session as reflected in the minutes commented on the agreement and the Tax Assessor responded. Clearly the Deputy Mayor didn’t read the circulated agreements that the free ambulance services were being rescinded. On March 10 the council votes to approve the new deal. On April 20 upon obtaining the agreement by OPRA, Richard Salkin questions the agreement at that night’s meeting. April 27 on that day the Deputy Mayor asks for the 2002 crossing guard agreement. April 28, only now is the previous air rights agreement circulated through the entire council. If you took the ten minutes to read the draft you would have seen the free ambulance services were revoked. If you did not read it why not give the city ten minutes of your time. Lies and neglect continue to define this administration. Richard Salkin- Hackensack- If you’re going to hide behind litigation at least understand what it is about. The lawsuit challenges the actions taken by this council. It doesn’t talk about the wisdom of entering into this agreement. You shouldn’t hide behind litigation. It was so telling at the last Council meeting, the City Attorney was asked if he was involved in this and he said no I was not. You looked like deer in headlights when you were asked who was representing you. Mr. Some welcome, I am not going to ask you what you think about resolutions and ordinances, you are now on the council, what is your opinion on what took place here? Councilman Some commented. Thank you for controlling the meetings as well as you usually do John. 6/9/2015 29 Daniel Corolla- West Lookout Ave- I am really sorry Mr. Sims isn’t here I had some genuinely nice things to say about him. When I first started coming to these meetings I was struck by the fact u wished us well at the end of the meeting and to get home safe. But now I get it we better get home safe because if we don’t were going to get stuck with an ambulance bill. I am most upset with Councilman Sims, he and I are really on the same team. At the end of the day every four years I feel Mr. Sims and I pick the same man or woman to head to the white house. Mr. Sims and I are representatives of this City. Perhaps things could have gone a whole lot smoother if you would have listened to everyone the first time around. So thanks for your time and I guess get home safe. Howard Hurowitz- Prospect Avenue- A couple of meetings ago one of the residents came before the council and asked about the process for the vacant council seat. I would like ask Mr. Some, how is it that you came to be on the council? Did you make an application? Councilman Some commented. We would call it recruitment. I wish you were a little more independent. I have one more comment to make, based on these minutes, and I am disheartened by the way the city manages its website. There are three sets of minutes on the website. You don’t post the agenda on the website, after you approve the minutes you don’t post them. I will address it to you since you’re the new member, maybe you could do something about that. Thank you. Frank Abolino- Heath Place- I have some questions and comments on tax abatements. Are there any discussions about approving tax abatements for any developments in town? Can you say what property’s they are? Mayor comments. I have a question about 150-170 Main Street because I know all those buildings are down. These tax abatements are not available for the school budget? I would like a commitment to put aside a portion of these tax abatements for the school budget. The school budget is much larger than the City budget. I would like to see a 50 percent commitment. Mayor Comments. Can I get that in writing? I would still like to have a commitment to put a portion aside for the school board budget. Mayor comments he will take it into consideration. Joe - Poplar Avenue- I had a question for Mr. Troast. You said if a person calls an ambulance right now, whatever the insurance doesn’t cover after the person has paid they submit it to the City and the City pays. If anyone has been to Hackensack University they know about the collection agencies. I work and make a good living thank god, but what about the people who don’t. How are those people going to pay that bill and what is the turnaround time for that. City Manager responds. A lot of my neighbors are concerned about falling and getting hurt. Hackensack is going to hover and swoop you up and I don’t feel comfortable on getting that money back in a good enough time. All I am saying is think of your parents and grandparents in that situation. I think all we need to do is fix the mistake made. Regina DiPasqua- Parker Avenue- Mr. Some who was at your interview? Councilman Some responded. I am ashamed to say Hackensack failed to increase the age for purchasing tobacco. There seems to be a conflict of the attorney appointed for the Mayor and Deputy Mayor. Mr. Troast you know I know. Charity care doesn’t cover 100 percent, it doesn’t cover everybody. This is what I do for a living. Don’t tell people they will be covered. Who decided the City will pay these bills and out of what budget. Are you going to do it Mr. Troast. We are paying you to do this clerical job? There is no ordinance or resolution or consensus of the Council to pay this. I don’t know how you’re going to say you can do that anyway. My garbage was still sitting at my curb when I came here tonight. There is no reason we should have to pay to lease three trucks. PSE&G, Mr. Mayor you mentioned it, it’s a safety issue at that school and you have to demand they get it done in the summer. Mr. Troast, 76 Main Street, the fence does violate the Ordinance. It is a 6/9/2015 30 private property and he is responsible for his private property. Rules of order, your changing it so you know you can’t speak at the end. Mark Stein- Hackensack- Right now, or previously the hospital picked up 140 thousand dollars of the ambulance services. Now you’re indicating that the residents will pick up the balance the insurance companies don’t pay. Now your saying tax payers are going to pay the total amount. This isn’t right for the tax payers of the community. Steven Gelber-Clinton Place- The thing about the City covering the bills insurance doesn’t cover, who approved that? City Manager responds. Since were going to pay the bill, why didn’t we list them, why didn’t we consider bringing back EMS Services and billing insurance companies ourselves. Did we consider that? City Manager responds. How do the residents know to submit the bill to the City. Why doesn’t the Medical Center in the billing department send the bill to your office. You guys know you can’t speak at the end of the meeting. Garbage trucks, what is our plan? There has been rumors we want to privatize sanitation. What are we doing about buying sanitation trucks? City Manager Responds. Richard Cerbo- Spring Valley Avenue- I just wanted to thank the mayor for your comments at the Memorial Day celebration. I think it was noble of you. I want to thank Mr. Troast for his assistance for local sanitation. I just wanted to mention I am upset reading the paper with pending lawsuits. I know it’s just what you read in the paper but they seem to be adding up. Ethics has consequences, what you say has consequences. I would think the Mayor and Council would have to watch what they say in an ethical way. What you say has consequences and we are all in on it. Someone spoke on tax abatements and handing over money to the school board well how about a break for homeowners and of course lastly Spring Valley Avenue, it has been posted for many years that trucks over a certain tonnage aren’t allowed on that road and it is not being policed. That’s all I have. Mayor asks City Manager to check into limits on Spring Valley Avenue. Kevin-Summit Avenue- I wanted to come this evening to speak about the shooting that occurred on Temple Avenue last week. I was very sad when I read what happened. I don’t mean to second guess what a police officer does in a situation like that, but as a citizen I think we have a responsibility to oversee and administrate the activities of our police department. We are sending police officers out who are well trained to do the job but sometimes a mental health professional needs to assist them. A case like this where we are going to investigate someone who may have this kind of problem, perhaps there is some specialty training. I just wish we could at least think about that. Thank you very much. Victor Sasson- Euclid Avenue- I would just like to comment on the 2008 agreement with Hackensack Hospital and how it was viewed as a giveaway to the Hospital. They haven’t paid their taxes to the City. The Fire Department was running the ambulance service at the time when it was taken over by the hospital. Tax payers deserve an explanation for why Mr. Salkin billed the board for his legal services in 2014 even though his contract limits those payments. On another matter, 29 IPAD tablets and chrome books owned by Hackensack public schools were stolen or lost from April 2014 to September 2014. There is a low quality of food served in the High School and nothing has been done about it. The board has no interest in making schools more efficient. Reverend Carolyn Davis- Stanley Place- I hope in some way the Dockets can now be put online and everyone can print their own out before they come in. Hackensack Medical Center, I worked there for 40 years pays very little if any taxes, they have taken over half of Hackensack. It just seems a shame to me an institution that has taken so many taxes that our citizens are paying are asking us to pay for ambulance services. My last comment is this, I am trying 6/9/2015 31 to encourage people to come to City Council meetings. One of the problems is what we see tonight, I think it is a disgrace people can’t get up and disagree agreeably. Many people don’t come because they don’t like what goes on. I think the attacking is unnecessary. Have your opinion but your keeping people away. There is no order called. Kathleen Salvo-Hudson Street- I was shocked to see the mess on Bridge and Main Street and to leave that wall up it is so not Hackensack. Many people see the green and then they see these eight foot pieces of plywood. The wall is illegal, it is eight feet, its solid material and it’s on our property. The property owner has this fence and plywood pieces on city property. It should be cleaned up thoroughly. It is just not what we want Hackensack to be, the building has been removed and a time limit should be put on this. I am sure you can clean this up as soon as possible. We have to do something about the ambulance. It is sad we are going to pay for it and it is a burden on the tax payer. Thank you. Albert Dib- Hackensack- I agree with her about the construction fence being unsightly. As I understand it’s a temporary fence and is not going to be there forever. The whole point of the mural project was to do it in a creative way and try to beautify that area. This is a temporary project and I think we have an opportunity now to do something really special and unique. I would hope we can see this for what it is, opportunity to do something fresh new and exciting. Lenny Nix- Hackensack- It’s a regular old meeting I haven’t heard any. Most of the people who came up here tonight don’t know what they’re talking about. I am looking for someone in the audience giving some positive information. We have been so shattered from the Zisa administration. I am disgusted with these people who come up here. I am glad you people are happy. Gail- Summit Avenue- I don’t come for all the reasons that were stated because the atmosphere is horrible. I hear all about the ambulances, and Mr. Mayor I think it’s really important you start recusing yourself from these votes. Thank you. Lance Powell – Golf Place- I have two comments, one is about the kids I don’t hear much about our kids. We need to have constant dialogue with principles and police department to talk to our kids. It is so important today for me it is. How do we relate to kids and get them to understand what is right and wrong. They need help and guidance. We need to reach out to them, dialogue is very important. I am reaching out because its bothering me. Let us try to approach it now, this is important to me as a parent. Go out to the schools to talk to these kids. I am here to represent our kids and we need to save them. Councilman Some commented. A motion to close the meeting to the public was offered by Councilman Some and seconded by Deputy Mayor Canestrino. Council Comments None There being no further business the meeting was adjourned at 10:10pm. Approved by Mayor and Council on August 3, 2015. ______________________________________ Mayor John P. Labrosse, Jr. 6/9/2015 32  ______________________________________ Deputy Mayor Kathleen Canestrino ABSENT _____________________________________ Councilman David Sims ______________________________________ Councilman Leonardo Battaglia _____________________________________ Councilman Jason Some _________________________________ Deborah Karlsson, City Clerk 6/9/2015 33