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, August 4, 2016 at 8:04 A.M. DUE TO INSUFFICIENT NOTICE GIVEN FOR THIS MEETING, THIS MEETING WILL NEED TO BE RESCHEDULED. MEETING IS NULL AND VOID. 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 and CFO Jim Mangin were in attendance. Judge Carver and Attorney Kate Walsh were in attendance. Flag Salute City Manager’s Report - None Resolutions Council Intr Secon Abstai Absen Recuse Member o d Yes No n t d Battaglia X X Deputy Mayor Canestrino X X Sims X Keeling- Geddis X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 299-16 INTRODUCTION OF ORDINANCE NO. 31-2016, A BOND ORDINANCE AMENDING AND RESTATING IN ENTIRETY BOND ORDINANCE NUMBER 26-2015 FINALLY ADOPTED BY THE CITY COUNCIL OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY ON JULY 7, 2015 TO INCREASE THE APPROPRIATION AND THE AUTHORIZATION TO AMEND AND SUPPLEMENT OTHER PROVISIONS THEREIN AND CANCELLING BOND ORDINANCE NUMBER 30-2016 AS INTRODUCED BE IT RESOLVED that the above ordinance, being Ordinance 31-2016 as introduced, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held on August 22, 2016 08/04/2016 1 at 8:00 p.m. or as soon thereafter as the matter can be reached at the regular meeting place of the City Council and at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance and that the City Clerk be and she is hereby authorized and directed to publish said ordinance according to law with a notice of its introduction and passage on first reading and of the time and place when and where said ordinance will be further considered for final passage. CITY OF HACKENSACK ORDINANCE NUMBER 31-2016 BOND ORDINANCE AMENDING AND RESTATING IN ENTIRETY BOND ORDINANCE NUMBER 26-2015 FINALLY ADOPTED BY THE CITY COUNCIL OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY ON JULY 7, 2015 TO INCREASE THE APPROPRIATION AND THE AUTHORIZATION AND TO AMEND AND SUPPLEMENT OTHER PROVISIONS THEREIN AND CANCELLING BOND ORDINANCE NUMBERED 30- 2016, AS INTRODUCED BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY (NOT LESS THAN TWO-THIRDS OF ALL MEMBERS THEREOF AFFIRMATIVELY CONCURRING) AS FOLLOWS: THE BOND ORDINANCE OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY (THE “CITY”), HERETOFORE FINALLY ADOPTED BY THE CITY COUNCIL ON JULY 7, 2015, NUMBERED 26-2015 AND ENTITLED, “BOND ORDINANCE PROVIDING FOR VARIOUS 2015 CAPITAL IMPROVEMENTS BY AND IN THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY; APPROPRIATING $2,280,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $2,166,000 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF” IS HEREBY AMENDED AND SUPPLEMENTED TO THE EXTENT AND WITH THE EFFECT AS SET FORTH BELOW: “BOND ORDINANCE PROVIDING FOR VARIOUS 2015 CAPITAL IMPROVEMENTS BY AND IN THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY; APPROPRIATING $2,955,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $2,606,000 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF 08/04/2016 2  BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY (not less than two-thirds of all the members thereof affirmatively concurring), AS FOLLOWS: SECTION 000000000. The improvements described in Section 3 of this bond ordinance are hereby authorized as general improvements or purposes to be undertaken by the City of Hackensack, in the County of Bergen, State of New Jersey (the "City"). For the said improvements or purposes stated in Section 3, there is hereby appropriated the aggregate sum of $2,955,000, said sum being inclusive of $133,250 as the amount of aggregate amount of down payment for said improvements or purposes as required by the Local Bond Law, N.J.S.A. 40A:2-1 et seq. (the “Local Bond Law”). The down payment is now available by virtue of a provision or provisions in a previously adopted budget or budgets of the City for down payment or for capital improvement purposes. SECTION 0. For the financing of said improvements or purposes described in Section 3 hereof, and to meet the part of said $2,955,000 appropriation not provided for by application hereunder of said down payment, negotiable bonds of the City are hereby authorized to be issued in the principal amount of $2,606,000 pursuant to the Local Bond Law. In anticipation of the issuance of said bonds and to temporarily finance said improvements or purposes, negotiable notes of the City in a principal amount not exceeding $2,606,000 are hereby authorized to be issued pursuant to and within the limitations prescribed by said Local Bond Law. SECTION 0. The improvements and purposes hereby authorized and purposes for the financing of which said debt obligations are to be issued are as follows: 08/04/2016 3  Total Debt Down Useful Description Appropriation Authorization Payment Life A. Milling and repaving of various $380,000 $361,000 $19,000 10 years streets and roads as on file with the City Engineer, including, but not limited to, Grand Avenue (from Clinton Place to Ross Avenue and Fairmount Avenue to Main Street) and Louis Street (from Catalpa Avenue to South Lake Drive), including, as applicable, milling, construction, reconstruction, repairing and resurfacing, drainage improvements, inlet, manhole and water valve replacements, the restoration or construction of or improvements to curbs, sidewalks, traffic line striping, driveway aprons or barrier-free ramps along such roadways and the acquisition and installation of traffic signals and signage; B. Design, relocation and $200,000 $190,000 $10,000 25 years construction of a salt dome on an alternative City site; C. Repairs to City Hall including, but $200,000 $190,000 $10,000 20 years not limited to the repair and replacement of the City Hall roof and roof parapets; and D. Renovations to the Performing $2,175,000 $1,865,000 $94,250 20 years Arts Center, including, but not ($220,000 from limited to, entrance/exit funds on improvements, fire/safety deposit in the improvements, HVAC/electrical Hackensack upgrades, interior renovations and Performing Arts performance, light and sound Center Trust improvements. Fund) Grand Total: $2,955,000 $2,606,000 $133,250 (b) The estimated maximum amount of bonds or notes to be issued for said purpose is $2,606,000. (c) The estimated cost of said purpose is $2,955,000. SECTION 0. In the event the United States of America, the State of New Jersey and/or the County of Bergen make a contribution or grant in aid to the City for the improvements and purposes authorized hereby and the same shall be received by the City prior to the issuance of the bonds or notes authorized in Section 2 hereof, then the amount of such bonds or notes to be issued shall be reduced by the amount so received 08/04/2016 4 from the United States of America, the State of New Jersey and/or the County of Bergen. In the event, however, that any amount so contributed or granted by the United States of America, the State of New Jersey and/or the County of Bergen shall be received by the City after the issuance of the bonds or notes authorized in Section 2 hereof, then such funds shall be applied to the payment of the bonds or notes so issued and shall be used for no other purpose. This Section 4 shall not apply, however, with respect to any contribution or grant in aid received by the City as a result of using funds from this bond ordinance as “matching local funds” to receive such contribution or grant in aid. In the event the City receives future pledges from the Hackensack Performing Arts Center Trust Fund for the improvements and purposes authorized by section 3(d) and the same shall be received by the City prior to the issuance of the bonds or notes authorized in Section 2 hereof, then the amount of such bonds or notes to be issued for such improvement shall be reduced by the amount so received from the Hackensack Performing Arts Center Trust Fund. In the event, however, that any amount so contributed by Hackensack Performing Arts Center Trust Fund shall be received by the City after the issuance of the bonds or notes authorized for the improvements and purposes authorized by section 3(d), then such funds shall be applied to the payment of the bonds or notes so issued and shall be used for no other purpose. SECTION 0. All bond anticipation notes issued hereunder shall mature at such times as may be determined by the Chief Financial Officer of the City, provided that no note shall mature later than one (1) year from its date. The notes shall bear interest at such rate or rates and be in such form as may be determined by the Chief Financial Officer of the City. The Chief Financial Officer of the City shall determine all matters in connection with the notes issued pursuant to this bond ordinance, and the signature of the Chief Financial Officer of the City upon the notes shall be conclusive evidence as to all such determinations. All notes issued hereunder may be renewed from time to time in accordance with the provisions of N.J.S.A. 40A:2-8.1. The Chief Financial Officer of the City is hereby authorized to sell part or all of the notes from time to time at public or private sale and to deliver them to the purchaser thereof upon receipt of payment of the purchase price and accrued interest thereon from their dates to the date of delivery thereof. The 08/04/2016 5 Chief Financial Officer of the City is directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the notes pursuant to this bond ordinance is made. Such report must include the principal amount, the description, the interest rate, and the maturity schedule of the notes so sold, the price obtained and the name of the purchaser. SECTION 0. The capital budget of the City is hereby amended to conform with the provisions of this bond ordinance and to the extent of any inconsistency herewith, a resolution in the form promulgated by the Local Finance Board showing full detail of the amended capital budget and capital programs as approved by the Director of the Division of Local Government Services will be on file in the office of the Clerk and will be available for public inspection. SECTION 0. The following additional matters are hereby determined, declared, recited and stated: (0) The purposes described in Section 3 of this bond ordinance are not a current expense and are improvements which the City may lawfully undertake as general improvements, and no part of the cost thereof has been or shall be specially assessed on property specially benefited thereby. (0) The period of usefulness of said purposes within the limitations of said Local Bond Law, according to the reasonable life thereof computed from the date of the said bonds authorized by this bond ordinance, is 18.97 years. (0) The supplemental debt statement required by the Local Bond Law has been duly made and filed in the Office of the Clerk of the City and a complete executed duplicate thereof has been filed in the Office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey, and such statement shows that the gross debt of the City as defined in the Local Bond Law is increased by the authorization of the bonds or notes provided for in this bond ordinance by $2,606,000, and the said obligations authorized by this bond ordinance will be within all debt limitations prescribed by said Local Bond Law. 08/04/2016 6  (0) An aggregate amount not exceeding $400,000 for items of expense listed in and permitted under N.J.S.A. 40A:2-20 is included in the estimated cost indicated herein for the purposes or improvements herein before described. SECTION 0.0 The full faith and credit of the City are hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by this bond ordinance. The obligations shall be direct, unlimited obligations of the City, and the City shall be obligated to levy ad valorem takes upon all the taxable property within the City for the payment of the obligations and the interest thereon without limitation as to rate or amount. SECTION 9. The City reasonably expects to reimburse any expenditures toward the costs of the improvements or purposes described in Section 3 hereof and paid prior to the issuance of any bonds or notes authorized by this bond ordinance with the proceeds of such bonds or notes. This Section 9 is intended to be and hereby is a declaration of the City's official intent to reimburse any expenditures toward the costs of the improvements or purposes described in Section 3 hereof to be incurred and paid prior to the issuance of bonds or notes authorized herein in accordance with Treasury Regulations §150-2. No reimbursement allocation will employ an "abusive arbitrage device" under Treasury Regulations §1.148-10 to avoid the arbitrage restrictions or to avoid the restrictions under Sections 142 through 147, inclusive, of the Internal Revenue Code of 1986, as amended (the “Code”). The proceeds of any bonds or notes authorized by this bond ordinance used to reimburse the City for costs of the improvements or purposes described in Section 3 hereof, or funds corresponding to such amounts, will not be used in a manner that results in the creation of "replacement proceeds", including "sinking funds", "pledged funds" or funds subject to a "negative pledge" (as such terms are defined in Treasury Regulations §1.148-1), of any bonds or notes authorized by this bond ordinance or another issue of debt obligations of the City, other than amounts deposited into a "bona fide debt service fund" (as defined in Treasury Regulations §1.148-1). The bonds or notes authorized herein to reimburse the City for any expenditures toward the costs of the improvements or purposes described in Section 3 hereof will be issued in an amount not to exceed $2,606,000. The costs to be reimbursed with the proceeds of the 08/04/2016 7 bonds or notes authorized herein will be "capital expenditures" in accordance with the meaning of Section 150 of the Code. All reimbursement allocations will occur not later than 18 months after the later of (i) the date the expenditure from a source other than any bonds or notes authorized by this bond ordinance is paid, or (ii) the date the improvements or purposes described in Section 3 hereof "placed in service" (within the meaning of Treasury Regulations §1.150-2) or abandoned, but in no event more than three years after the expenditure is paid. SECTION 10. The City covenants to maintain the exclusion from gross income under section 103(a) of the Code of the interest on all bonds and notes issued under this bond ordinance. SECTION 11. Bond Ordinance Numbered 30-2016 as introduced on June 28, 2016 is hereby cancelled. SECTION 12. This bond ordinance shall take effect twenty (20) days after the first publication thereof after final adoption, as provided by the Local Bond Law.” Council Intr Secon Abstai Absen Recuse Member o d Yes No n t d Battaglia X X Deputy Mayor Canestrino X X Sims X Keeling- Geddis X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 300-16 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HACKENSACK, AUTHORIZING THE LAW FIRM OF GALANTUCCI & PATUTO TO REPRESENT PO STEPHEN OCHMAN OF THE CITY OF HACKENSACK POLICE DEPARTMENT IN THE MATTER OF THE BERGEN COUNTY PROSECUTOR’S OFFICE’S INVESTIGATION OF THE FATAL ACCIDENT ON MARCH 31, 2016 08/04/2016 8  WHEREAS, PO Stephen Ochman of the City of Hackensack (“City”) Police Department was involved in the matter resulting in the Bergen County Prosecutor’s Office’s investigation of a fatal accident on March 31, 2016; and WHEREAS, the Bergen County Prosecutor’s Office’s investigation involves a matter in which PO Stephen Ochman was acting within the scope of his employment with the City Police Department; and WHEREAS, PO Ochman is entitled to legal representation pursuant to the contractual obligations between the City and the Police Department; and WHEREAS, PO Ochman has requested to retain the law firm of Galantucci & Patuto in connection with this matter; and WHEREAS, Galantucci & Patuto has offered to represent PO Ochman for a reduced rate of $150.00 per hour; and WHEREAS, the City believes it is in the best interests of PO Ochman, the Police Department and the residents of the City of Hackensack to engage the legal services of Galantucci & Patuto in connection with the above- referenced action. NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council of the City of Hackensack, in the County of Bergen, State of New Jersey as follows: 1. The Mayor and Council and City Manager are authorized to engage the legal services of Galantucci & Patuto for the legal representation of PO Ochman which involves actions taken in the course of PO Ochman’s duties as a police officer for the City of Hackensack in connection with a fatal accident on March 31, 2016. 2. The Retainer Agreement shall specify the reduced rate of $150.00 per hour for the representation of PO Ochman in this matter. 3. This Resolution shall take effect immediately. Council Intr Secon Abstai Abse Recuse Member o d Yes No n nt d Battaglia X Deputy Mayor Canestrin o X X Sims X Keeling- Geddis X X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 301-16 RESOLUTION AUTHORIZING PAYMENT OF BILLS 08/04/2016 9  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 $ 352,732.80 Grants 14,919.62 Payroll 1,626,470.34 Public Parking System -0- Capital 44,539.84 Escrow 35,956.73 Trust Account 21,020.87 Total Expenditures 2,095,642.20 Interfunds/Transfers $ 6,638,033.08 Public Comment A motion to open the meeting to the public was offered by Deputy Mayor Canestrino and seconded by Councilman Sims. Anthony Zisa – Maple Hill Drive – Hackensack – I’d like to know who chose this time? City Manager – The special meeting needed a time and usually special meetings are held in the morning during the week so the Council can get done with the meeting and go about their day. Mr. Zisa continued – We had a normal meeting scheduled for Tuesday. Why was that cancelled? City Manager – It was cancelled by the Council. Judge Carver – At the last meeting we had uncovered the fact that for a long time the city has actually had four meetings a month as the COW is a separate meeting from the regular meeting. As Mr. Salkin pointed out, the law requires two meetings a month. There was no need because of the amount of business the council needed to address; they decided to eliminate the August 8, 2016 meeting. Mr. Zisa continued – Here is my problem. There was no need to have a meeting but then a meeting was needed and we are holding it at a time that is highly inconvenient for the public to attend. The function of a public meeting is so the public can see what their public servants are going to do. Instead of holding this meeting at a normal time when this chamber would be filled, we are having it at a time which is pretty much the most inconvenient time I’ve ever had to come. I am fortunate that I am a teacher and right now school is not in session but there are a lot of members of the public that don’t have that ability to show up at random times in order to make sure that their public servants are doing what they are expected to do. This is a highly offensive schedule – it should have been at a normal meeting time. This is not transparency. This is the opposite. Richard Salkin – Hackensack - I called the city clerk’s office when I saw the notice go up on the website; when did the notices go out, Tuesday? No good, this meeting is no good. 48 hours. You couldn’t have possibly done it 48 hours because, no offense, I don’t think any of you get here before 8AM. Go 08/04/2016 10 home. I will challenge this. It is in direct violation of the Open Public Meeting Act. Judge Carver – What time did the notice go out to the newspaper on Tuesday? City Clerk – It was 10AM. Judge Carver – Unfortunately 48 hours is 48 hours, 10AM on Tuesday and 8AM on Thursday is 46 hours. Mr. Salkin is right; the appropriate notice isn’t provided. You are going to have to reschedule this meeting. I was not aware of the time the notices were sent. Having been given that information, we must deal with the reality that we are not in compliance with the Open Public Meetings Act. There was no meeting. Mayor Labrosse – Everything is null and void this morning. Let’s get this rescheduled ASAP. DUE TO INSUFFICIENT NOTICE GIVEN FOR THIS MEETING, THIS MEETING WILL NEED TO BE RESCHEDULED. Approved by Mayor and Council on September 12, 2016. ______________________________________ Mayor John P. Labrosse, Jr. ______________________________________ Deputy Mayor Kathleen Canestrino ______________________________________ Councilman Leonardo Battaglia ______________________________________ Councilman David Sims ______________________________________ Councilwoman Deborah Keeling-Geddis ________________________________ Deborah Karlsson, City Clerk 08/04/2016 11 08/04/2016 12