City Council

A Special Meeting of the City Council of the City of Hackensack was held at City Hall, 65 Central Avenue, Hackensack, New Jersey, on Thursday, July 7, 2016 at 8:35 A.M. 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 Councilwoman Deborah Keeling-Geddis were present. City Manager David Troast, Judge Carver and Attorney Kate Walsh were in attendance. Flag Salute City Manager’s Report We are getting the final check for the final changes to the splash park. We have had some difficulty scheduling with PSEG and Suez Water and that has been the main hold up. We are anticipating opening the park next week. We are not sure of the date yet. We are making some additional modifications to the fence. What will be occurring is we will be keeping the temporary fence up, we are going to open up the park for that weekend, and hopefully the following week the fence will be totally completed. When that happens, the park will be shut a few days probably. The object is we want to get it open. With the temporary fence, it does meet the standards for safety. I will be away next week. I will have Wayne coordinate with Jaclyn to the five of you as to the date that it is ready. We will try to do that in advance so all five council members can be there. We will do an email blast and a Nixle alert to alert the public as well as put it on the website. Hopefully by word of mouth it will travel fast. I have a meeting with Pat Ruggiero today to solidify everything with signing up to use it. Those who sign up will get issued an identification card. Resolutions Council Intr Secon Abstai Absen Recuse Member o d Yes No n t d Battaglia X Deputy Mayor Canestrino X X Sims X Keeling- Geddis X X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 265-16 RESOLUTION AWARDING CONTRACT FOR 2016 ROAD RESURFACING PROGRAM 07/07/2016 1  WHEREAS, the City of Hackensack advertised and received bids for the 2016 Road Resurfacing Program; and WHEREAS, bids were received and opened on June 29, 2016; 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. Smith Sondy of 150 Anderson Ave., Wallington, NJ 07057 is hereby awarded a contract for the Base Bid plus Alternate A plus Alternate B for a total amount not to exceed $976,057.75 – for the 2016 Road Resurfacing Program Project 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 execute 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 Recuse Member o d Yes No n t d Battaglia X Deputy Mayor Canestrino X X Sims X Keeling- Geddis X X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 266-16 07/07/2016 2  RESOLUTION AUTHORIZING RENEWAL OF LIQUOR LICENSES 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, 2016 through June 30, 2017, 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: 0223-33-006-001 Arena Restaurant (Carvet Inc.) $1,800.00 250 Essex Street 0223-33-068-007 The Crow’s Nest (Corfu Inc.) $1,800.00 309 Vincent Avenue Council Intr Secon Abstai Abse Recuse Member o d Yes No n nt d Battaglia X Deputy Mayor Canestrin o X X Sims X X Keeling- Geddis X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 267-16 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 $2,047,396.51 Grants 2,360.76 Payroll 3,266,093.40 Public Parking System 614.40 Capital 69,371.70 Escrow -0- Trust Account 36,050.29 Total Expenditures 5,421,887.06 Interfunds/Transfers $ 279,180.20 Public Comment A motion to open the meeting to the public was offered by Deputy Mayor Canestrino and seconded by Councilman Sims. 07/07/2016 3 Regina DiPasqua – Parker Avenue – Hackensack – This is the first I have heard about signing up for Carver Park. You did not have to do that for Polifly and it strikes me as wrong to limit who can use it. Polifly did not have restrictions. Why is this neighborhood getting them? It seems unfair and puts a burden on the people who live there. If Polifly is crowded and someone wants to go to Carver Park, why is that neighborhood required to register? It seems like you are restricting other people from coming into that neighborhood. It’s wrong. Why are we here today? Does this meeting replace the July 11, 2016 meeting? Mayor Labrosse – We were told we needed a special meeting so we scheduled it and we are having it. Ms. DiPasqua continued – July 11, 2016’s meeting is off the calendar online. Resolution 438-15 has July 11, 2016 and August 8, 2016. Mayor Labrosse – July and August meetings are once a month. Ms. DiPasqua continued - There is no resolution changing it and the law requires two meetings a month. 40:81-19 requires two meetings a month. Judge Carver – I looked into this. I have advised the Council that one meeting a month is the requirement. Ms. DiPasqua continued – You put out a resolution that has both meetings on it. It is also on the hard calendar that anyone looks at that the July and August meetings are there. No notice, nothing on the website or newspaper. No resolution. This is transparency? People are going to show up on July 11 because it is on the hard copy calendar. Not everyone goes on the website. There was nothing put out there. That is why I am here today. I want to know how and why this happened. The statute says two are required. It should have been announced at the last meeting. It is not fair to the residents. Resolution 438-15 had the schedule and nothing was put out to change it. The other thing I have been hearing from several sources that Mr. Troast is leaving us. City Manager – When you have twenty five years in, you always put a date just in case anything happens to you physically. Obviously if anything happens to me I want my wife to get my benefits, so yeah, the current date under civil service and the pension board is October 1. Ms. DiPasqua – So you came here, padded your pension, got a big pay increase, and used the city of Hackensack to benefit yourself. It is a perception. Perception means a lot. City Manager - No offense but your perception of me does not matter to me. Richard Salkin – Hackensack – 40:81-19 says municipal council shall designate the time for regular meetings which shall be at least twice a month. I am reading this directly from the statue. You owe us a meeting for July and another meeting in August. That is what the law says. Judge Carver – I disagree. I will send you the statue. I specifically looked up the requirement for how many meetings a month, which is one meeting a month. Over and above that is at the discretion of the council. 07/07/2016 4 Mr. Salkin continued – This is the statue that controls this form of government. The dates of the meetings matter. The two resolutions on last meeting regarding the medical center, were they discussed in executive session meetings? That is the enhanced bridge over Second Street and the so-called host communities’ agreement. Mayor Labrosse – I was not in the room so I cannot answer that. Judge Carver – Yes Mr. Salkin continued – You can disagree but as I pointed out at the meeting doing the air rights lease by way of resolution doesn’t cut it. Are you going to rescind that resolution by the next meeting which is now July 25? Judge Carver – The way it will be done is by adopting that ordinance to supplement the process. Mr. Salkin continued – Will that be introduced July 25? Judge Carver – I do not know Mr. Salkin continued – The way people come and go around here, you may not be here by then. I can’t rely on that because I am facing a deadline of August 12, 2016 if that doesn’t happen. Plus, you now know I assume that there is a developer’s agreement from 1995 and it totally protects the city regarding the medical center paying taxes on 20 Prospect. Are you going to rescind that resolution from June 28, 2016? Judge Carver – Thanks to you I received the documents. I was given the documents. I have not finished reviewing them. I have discussed them with Ms. Walsh and we will be dealing with them in the next few days. Thank you for bringing them to my attention. Mr. Salkin continued – We are reliving history with this Council. You are protected. You have an option to buy that building from the medical center if they try to convey it as a non-profit. That is spelled out. The same attorney now that works on agreements for the medical center worked on that agreement with me for the medical center back in 1995 so if they are not telling you that, I don’t like the way they are playing the game. There is no way that any of you are going to be able to tell me that losing $24 million is a good deal for the city. I have an August 12, 2016 deadline if I have to go into court on this, so we have to be moving sooner rather than later especially because there is not July 11 meeting or August 8 meeting. Judge Carver – I am not going to let that happen and I thank you again for bringing it to my attention. Jim Mangin – CFO – Regina had bought up two questions. I am no expert, and this is strictly an opinion based on experience prior to Hackensack but the Carver Park project is fully funded by the City of Hackensack funds. We paid cash for that. The park on Polifly is paid for with Green Acre funds. My experience from Green Acres, in the past, is that you cannot limit something to residents only. That is the difference between Polifly and Carver Park. We have a 30 year loan with Green Acres for Polifly. Again, my opinion, Carver Park was fully funded; Polifly was paid for with Green Acres funds. The second question was why we are having a special meeting today, not why was the July 11 meeting but why we are having a special meeting today. We are having a special meeting today to award the road contract because if we 07/07/2016 5 waited until July 25, 2016 to award the contract, we may not be done with Fairmont and Poplar Avenues and the roads that are around the school when school opens. That was the reason for the special meeting today. City Manager – Also reiterating on Carver Park, it is going to be fenced. There are state requirements that limit the amount of people within that enclosed area. That is a reason why there will be a limitation on who is allowed in the splash park at any given time. Carver Park fenced in area under the state pool regulations says there has to be a limitation on the number of people within that area. That is why we need to check the number of people and to give people first opportunity would be to register with the recreation department. No one else wished to speak. A motion to close the meeting to the public was offered by Deputy Mayor Canestrino and seconded by Councilman Sims. Council Secon Abstai Absen Member Intro d Yes No n t Recused Battaglia X X Deputy Mayor Canestrino X X Sims X Keeling- Geddis X Mayor Labrosse X RESOLUTION NO. 268-16 A RESOLUTION CALLING FOR AN EXECUTIVE MEETING OF THE CITY COUNCIL FOR THE FOLLOWING PURPOSES: WHEREAS, the Mayor and Council of the City of Hackensack deem it necessary to discuss certain actions under Section 7b7 & 7b8 of the Open Public Meetings Act which pertains to matters falling within attorney-client privilege, on-going litigation and personnel matters concerning the employment of a current or prospective public employee(s). WHEREAS, the Mayor and Council of the City of Hackensack is of the opinion that such circumstances may presently exist; and WHEREAS, the Mayor and Council wishes to discuss the following issues: 1. Personnel Matters 2. On-going Litigation – Foley, Dalton, Heck 3. Matters involving attorney/client privilege NOW THEREFORE BE IT RESOLVED that the Mayor and Council of the City of Hackensack deem it necessary to exclude the public from this discussion. The outcome of the discussion will be disclosed within 90 days or at such time as the interests of the City do not require confidentiality. Council Comments 07/07/2016 6 Councilman Battaglia- With the splash park, maybe we will have two shifts like with some kids from 9AM to 1PM and then another from 1PM to 5PM so everybody can enjoy it. We want everybody in every part of the city to have a good time. Sometimes you have to control according to the rules so you don’t have 250 kids at once. We will see what will happen. Deputy Mayor Canestrino- We did the very best we could with the 4 th of July but unfortunately the weather did not cooperate but the fireworks still went off. Luckily the rain let up a little bit and the folks got to enjoy the day. Thanks for those who came. Councilman Sims- Polifly Splash Park they have kids coming from all over to use it. Carver Park was paid for by Hackensack funds therefore it should be open to only Hackensack residents. I hope we can get this clarified this week because we do plan on opening it next week. Councilwoman Keeling-Geddis- This summer in addition to the summer concert series on Tuesday nights, there is going to be Friday night mini- concerts at the Atlantic Street park right in back of the new Hackensack performing arts center. We are going to have a variety of bands there- a Caribbean band, a Latino band, an R&B band, and Hometown Heroes which will be featured artists from Hackensack. It should be a really fun time. I hope you guys will come down and enjoy the concerts. It will be posted and you should be seeing things around town about it. Mayor Labrosse – Our summer concert series is starting next week on July 12, 2016. It should be a good time along with the Friday night concerts which Debbie just spoke of should be a great time and great for the city to get people out and enjoy the park and some good music. A motion to close the meeting was offered by Deputy Mayor Canestrino and seconded by Councilman Battaglia. There being no further business the meeting was adjourned at 9:48 A.M. Approved by Mayor and Council on July 25, 2016. ______________________________________ Mayor John P. Labrosse, Jr. ______________________________________ Deputy Mayor Kathleen Canestrino ______________________________________ Councilman Leonardo Battaglia ______________________________________ Councilman David Sims 07/07/2016 7  ______________________________________ Councilwoman Deborah Keeling-Geddis ________________________________ Deborah Karlsson, City Clerk 07/07/2016 8