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, May 9, 2023 at 8:00 p.m. Mayor Labrosse called the meeting to order and the City Clerk 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 Labrosse, Deputy Mayor Canestrino, Councilman Battaglia, Councilwoman Von Rudenborg and Councilman Carroll were present. City Manager Vincent Caruso was present. City Attorney Steve Kleinman was present. City Clerk Deborah Karlsson was present. Deputy City Clerk Allison Saabye was present. Flag Salute Proclamations and Presentations – Provider Appreciation Day Kids to Park Day Teacher Appreciation Week 100 Years Young Alyce Manning Approval of Minutes – A motion to approve the Executive, C.O.W., and Regular Meeting Minutes from April 25, 2023 was offered by Deputy Mayor Canestrino, seconded by Councilman Battaglia and approved by Mayor Labrosse, Deputy Mayor Canestrino, Councilwoman Von Rudenborg, Councilman Battaglia, and Councilman Carroll. City Manager’s Report As of May 1, our recycling collection has been revised with bottles/cans one week and paper/cardboards the next. Monday May 19 th at 10AM at Veteran’s Park the City will be holding the annual Memorial Day ceremony. Because of the weather, Slam Dunk the Junk has been re-scheduled to June 10 th. On June 24th the City will be holding the annual Shred Event. The Police Department will be holding their summer youth academy in August, please contact the Hackensack Police Department for registration. The PBA will be hosting their second annual car show on June 11th at the Costco parking lot. 2023 Municipal Budget Presentation and Hearing A motion to open the meeting to the public was offered by Deputy Mayor Canestrino and seconded by Councilman Battaglia. No one wished to speak. A motion to close the meeting to the public was offered by Deputy Mayor Canestrino and seconded by Councilman Battaglia. Public Hearing Bergen County Open Space Grant for Dog Park A motion to open the meeting to the public was offered by Deputy Mayor Canestrino and seconded by Councilman Battaglia. No one wished to speak. A motion to close the meeting to the public was offered by Deputy Mayor Canestrino and seconded by Councilman Battaglia. 05/09/2023 1 Resolutions Council Intr Secon Abstai Absen Recuse Member o d Yes No n t d Von Rudenborg X Deputy Mayor Canestrino X X Battaglia X X Carroll X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO: 187-23 FINAL ADOPTION OF ORDINANCE NO. 24-2023, BOND ORDINANCE PROVIDING FOR THE GREEN STREET COMBINED SEWER OVERFLOW SEPARATION PROJECT, BY AND IN THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY; APPROPRIATING $40,000,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $8,000,000 BONDS OR NOTES TO FINANCE THE COST THEREOF This Ordinance has been published according to law and now calls for a Public Hearing. Motion offered by Deputy Mayor Canestrino and seconded by Councilman Battaglia that there be a public hearing. PUBLIC HEARING - No one wished to speak. 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. 24-2023 has passed its second and final reading and is hereby adopted. ORDINANCE 24-2023 BOND ORDINANCE PROVIDING FOR THE GREEN STREET COMBINED SEWER OVERFLOW SEPARATION PROJECT, BY AND IN THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY; APPROPRIATING $40,000,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $8,000,000 BONDS OR NOTES TO FINANCE THE COST THEREOF 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 1. The improvements or purposes described in Section 3 of this bond ordinance are hereby authorized to be undertaken by the City of Hackensack, in the County of Bergen, State of New Jersey (the "City") as general improvements. For the said improvements stated in 05/09/2023 2 Section 3, there is hereby appropriated the amount of $40,000,000, which amount includes a grant in the amount of $32,000,000 expected to be received from the Federal Emergency Management Agency Hazard Mitigation Grant Program (the “FEMA Grant”). Pursuant to the provisions of N.J.S.A. 40A:2- 11(c) of the Local Bond Law, N.J.S.A. 40A:2-1 et seq., as amended and supplemented (the “Local Bond Law”), no down payment is required as this bond ordinance involves environmental infrastructure projects, which are funded by loans from the New Jersey Infrastructure Bank (the “I-Bank”) or the State of New Jersey, acting by and through the Department of Environmental Protection. SECTION 2. For the financing of said improvements or purposes described in Section 3 hereof and to meet the $40,000,000 appropriation not provided for by the FEMA Grant, negotiable bonds of the City are hereby authorized to be issued in the principal amount of $8,000,000 pursuant to, and within all limitations prescribed by, 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 $8,000,000 are hereby authorized to be issued pursuant to, and within the limitations prescribed by, said Local Bond Law. SECTION 3. The improvements hereby authorized and purposes for the financing of which said debt obligations are to be issued are for the separation of portions of combined sewers in the vicinity of Kansas Street, Essex Street, Railroad Avenue and other areas and streets in the vicinity or in the Green Street area, as referenced on file in the office of the City Manager, and including, but not limited to, the replacement of drainage structures and design of new separated drainage improvements, including, but not limited to, inlets to increase storage capacity of stormwater and green infrastructure, where applicable. Such improvements shall also include, as applicable, all engineering costs, planning and design work, infrastructure condition assessment via closed circuit television inspection, property acquisition, surveying, construction planning, financial planning and fiscal sustainability evaluation, environmental testing and remediation, preparation of plans and specifications, permits, bid documents, construction inspection and contract administration, and all work, materials, equipment, labor and appurtenances necessary therefor or incidental thereto. a. The aggregate estimated maximum amount of bonds or notes to be issued for said improvements or purposes is $8,000,000. c. The aggregate estimated cost of said improvements or purposes is $40,000,000, the excess amount thereof over the said estimated maximum amount of bonds or notes to be issued therefor is the FEMA Grant in the amount of $32,000,000. SECTION 4. Except for the FEMA Grant, in the event the United States of America, the State of New Jersey, and/or the County of Bergen make a loan, contribution or grant-in-aid to the City for the improvements authorized hereby and the same shall be received by the City prior to the 05/09/2023 3 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 from the United States of America, the State of New Jersey, and/or the County of Bergen. Except for the FEMA Grant, in the event, however, that any amount so loaned, 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 such funds from this bond ordinance as “matching local funds” to receive such contribution or grant in aid. SECTION 5. 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, unless such bond anticipation notes are permitted to mature at such later date in accordance with the provisions of the New Jersey Infrastructure Trust Act, N.J.S.A. 58:11B-1 (“NJIT Act”). The notes shall bear interest at such rate or rates and be in such form as may be determined by the Chief Financial Officer. 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 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 the Local Bond Law and, as applicable, the provisions of the NJIT Act. The Chief Financial Officer 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 Chief Financial officer 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 6. The City hereby certifies that it has adopted a capital budget or a temporary capital budget, as applicable. The capital or temporary capital budget of the City is hereby amended to conform with the provisions of this bond ordinance to the extent of any inconsistency herewith. To the extent that the purposes authorized herein are inconsistent with the adopted capital or temporary capital budget, a revised capital or temporary capital budget has been filed with the Division of Local Government Services. 05/09/2023 4  SECTION 7. The following additional matters are hereby determined, declared, recited and stated: a. The purposes described in Section 3 of this bond ordinance are not current expenses 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. b. The period of usefulness of said improvements is within the limitations of said Local Bond Law and, according to the reasonable life thereof computed from the date of the said bonds authorized by this bond ordinance, is 40 years. c. 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 within 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 and notes provided for in this bond ordinance by $8,000,000 and the said obligations authorized by this bond ordinance will be within all debt limitations prescribed by said Local Bond Law. d. An aggregate amount not exceeding $6,000,000 for items of expense listed in and permitted under section 20 of the Local Bond Law is included in the estimated cost indicated herein for the improvements hereinbefore described. SECTION 8. The full faith and credit of the City are hereby pledged to the punctual payment of the principal of and the interest on the debt obligations authorized by this bond ordinance. The debt obligations shall be direct, unlimited obligations of the City, and the City shall be obligated to levy ad valorem taxes upon all the taxable property within the City for the payment of the debt 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 Section 150-2. SECTION 10. The City covenants to maintain the exclusion from gross income under section 103(a) of the Internal Revenue Code of 1986, as amended, of the interest on all tax-exempt bonds and notes issued under this ordinance. 05/09/2023 5  SECTION 11. This bond ordinance shall take effect twenty (20) days after the first publication hereof after final adoption, as provided by the Local Bond Law. Council Intr Secon Abstai Absen Recuse Member o d Yes No n t d Von Rudenborg X Deputy Mayor Canestrino X X Battaglia X X Carroll X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 188-23 INTRODUCTION OF ORDINANCE NO. 25-2023, AN ORDINANCE TO AMEND CHAPTER 170 OF THE CODE OF THE CITY OF HACKENSCK, “VEHICLES AND TRAFFIC,” TO ADD A NEW HANDICAPPED PARKING SPACE IN SECTION 49.2, “PARKING FOR THE HANDICAPPED” (POPLAR AVENUE) BE IT RESOLVED that the above ordinance, being Ordinance 25-2023 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 May 23, 2023 at 8:00 p.m. or as soon thereafter as the matter can be reached at the regular meeting place of the City Council and at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance and that the City Clerk be and she is hereby authorized and directed to publish said ordinance according to law with a notice of its introduction and passage on first reading and of the time and place when and where said ordinance will be further considered for final passage. CITY OF HACKENSACK ORDINANCE NO. 25-2023 AN ORDINANCE TO AMEND CHAPTER 170 OF THE CODE OF THE CITY OF HACKENSACK, “VEHICLES AND TRAFFIC,” TO ADD A NEW HANDICAPPED PARKING SPACE IN SECTION 49.2, “PARKING FOR THE HANDICAPPED” (POPLAR AVENUE) WHEREAS, pursuant to N.J.S.A. 40:48-2, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good of government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and, WHEREAS, the City Council of the City of Hackensack wishes to amend Chapter 170 of the Code of the City of Hackensack, entitled “Vehicles and Traffic,” to add one (1) new handicapped parking spaces to Section 49.2, entitled “Parking for the Handicapped;” and, WHEREAS, the Hackensack Police Department and the City Engineer have investigated the matter and have determined that adding such handicapped parking spaces will not significantly impact on-street parking, nor will it affect traffic flow. WHEREAS, the City Council finds it is in the City’s best interest to take this action. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HACKENSACK, as follows: 05/09/2023 6 Section 1: Chapter 170, Section 49.2 of the Code of the City of Hackensack is hereby amended as follows [additions by underline] §170-49.2. Parking for the handicapped. E. Designation of parking areas. In accordance with this chapter, the following location(s) shall provide parking for the physically handicapped: Parking Lot or Street Side Location/Number of Handicapped Spaces Poplar Avenue North From a point 35.6 feet east of the north/east curbline apex of Poplar Ave. and Krone Place to a point 18 feet thereof/1 Section 2: All other provisions of Chapter 170, Section 49.2 of the Code of the City of Hackensack shall remain unchanged. Section 3: Repeal of Inconsistent Provisions. All ordinances or parts thereof in conflict or inconsistent with this Ordinance are hereby repealed, but only however, to the extent of such conflict or inconsistency, it being the legislative intent that all ordinances or part of ordinances now existing or in effect unless the same being conflict or inconsistent with any provision of this Ordinance shall remain in effect. Section 4: Severability. The provisions of this Ordinance are declared to be severable and if any section, subsection, sentence, clause or phrase thereof for any reason is held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses and phrases of this Ordinance, but shall remain in effect; it being the legislative intent this Ordinance shall stand notwithstanding the invalidity of any part. Section 5: Codification. This Ordinance shall be a part of the Code of the City of Hackensack as though codified and fully set forth therein. The City Clerk shall have this ordinance codified and incorporated in the official copies of the Code. The City Clerk and the City Attorney are authorized and directed to change any Chapter, Article and/or Section number of the Code of the City of Hackensack in the event that the codification of this Ordinance reveals that there is a conflict between the numbers and the existing Code, and in order to avoid confusion and possible accidental repealers of existing provisions not intended to be repealed. Section 6: This Ordinance shall take effect upon passage, adoption, and publication in the manner prescribed by law. Council Intr Secon Abstai Absen Recuse Member o d Yes No n t d Von Rudenborg X Deputy Mayor Canestrino X X Battaglia X X Carroll X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 189-23 RESOLUTION AUTHORIZING TAX REFUNDS FOR STATE BOARD JUDGMENTS 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: 05/09/2023 7 AMOUNT BLOCK LOT NAME YEAR REASON PROP LOC $249,999.65 2.02 3 Zipp & Tannenbaum LLC 2014 State Board Judgment Attorney Trust Account 514 South River St 280 Raritan Center Parkway Edison, NJ 08837 $4,362.71 67 28.01 PAB Corp 2022 State Board Judgment c/o Skoloff & Wolfe, PC 121-23 Hudson St 293 Eisenhower Parkway Livingston, NJ 07039 $7,996.91 128 49 Brach Eichler LLC 2022 State Board Judgment 321 Essex Holding LLC 321 Essex St 101 Eisenhower Parkway Roseland, NJ 07068 $15,274.48 210.01 25 Connell Foley LLP 2022 State Board Judgment 56 Livingston Ave 105 Main St Roseland, NJ 07068 $9,944.30 401 13.01 Donald J Lenner Esq 2022 State Board Judgment Attorney Trust Account 350-52 Main St 11 State St Hackensack, NJ 07601 $7,789.56 435 13 Michael I Schneck Esq Atty 2022 State Board Judgment For Anderson & Second LLC 240 Anderson St 23 Vreeland Rd Florham Park, NJ 07932 $7,035.01 445 17.01 Brach Eichler LLC and 2021 State Board Judgment 6-16 Company 406 Prospect Ave 101 Eisenhower Parkway Roseland, NJ 07068 $91,782.31 445 17.01 Brach Eichler LLC and 2022 State Board Judgment 6-16 Company 406 Prospect Ave 101 Eisenhower Parkway Roseland, NJ 07068 $9,554.82 510 1.01 Messineo Law LLC 2022 State Board Judgment 95 Chestnut Ridge Rd 546-570 Main St First Floor Montvale, NJ 07645 $2,491.68 539 4 Messineo Law LLC 2020 State Board Judgment 95 Chestnut Ridge Rd 20 Zabriskie St First Floor Montvale, NJ 07645 $4,207.57 539 4 Messineo Law LLC 2021 State Board Judgment 95 Chestnut Ridge Rd 20 Zabriskie St First Floor Montvale, NJ 07645 $11,838.45 539 4 Messineo Law LLC 2022 State Board Judgment 95 Chestnut Ridge Rd 20 Zabriskie St First Floor Montvale, NJ 07645 $1,882.82 539 6 Messineo Law LLC 2020 State Board Judgment 05/09/2023 8  95 Chestnut Ridge Rd 908 Main St First Floor Montvale, NJ 07645 $2,219.64 539 6 Messineo Law LLC 2021 State Board Judgment 95 Chestnut Ridge Rd 908 Main St First Floor Montvale, NJ 07645 $18,165.37 539 6 Messineo Law LLC 2022 State Board Judgment 95 Chestnut Ridge Rd 908 Main St First Floor Montvale, NJ 07645 Council Intr Secon Abstai Abse Recuse Member o d Yes No n nt d Von Rudenbor g X Deputy Mayor Canestrin o X X Battaglia X X Carroll X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 190-23 RESOLUTION AUTHORIZING VETERAN 100% TAX EXEMPTION FOR 73 ELM AVENUE WHEREAS, a property located in the City of Hackensack, known as 73 Elm Avenue, Hackensack, Block 552 Lot 21, is assessed to Johandy Martinez and Dana Martinez; and WHEREAS, on April 5, 2023, Johandy Martinez was declared 100% exempt by the Department of Veterans Affairs effective January 24, 2023; and WHERAS, Block 552 Lot 21, 73 Elm Avenue owned by Johandy Martinez is declared 100% tax exempt as of January 24, 2023, NOW THEREFORE, BE IT RESOLVED, that the Tax Collector is hereby authorized to cancel taxes effective January 24, 2023 and issue a prorated refund for first quarter in the amount of $3,349.23 and second quarter in the amount of $4,499 for a total refund in the amount of $7,848.23 to “CORELOGIC TAX SERVICE for Johandy Martinez” Attention: Refunds Department, 3001 Hackberry Road, Irving, Texas 75063. This property is 100% tax exempt effective January 24, 2023. The refund check will be given to the Tax Collector for mailing. Council Secon Abstai Absen Recuse Member Intro d Yes No n t d Von Rudenborg X Deputy Mayor Canestrino X X Battaglia X X Carroll X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 191 -23 05/09/2023 9 RESOLUTION AUTHORIZING TAX APPEAL ATTORNEY TO SETTLE THE CASES ON THE ATTACHED LIST DATED MAY 3, 2023 THAT WERE SCHEDULED FOR TRIAL OR SETTLEMENT WHEREAS, the names on the attached list are owners of real estate of the Block and Lots specified on said list: and WHEREAS, the owners set forth on the list have filed tax appeals challenging the assessments for the above referenced tax years as more specifically set forth on said list; and WHEREAS, each Block and Lot listed therein was/were assessed at the amount stated therein for the noted tax years; and WHEREAS, the owners are seeking a reduction in the total assessments for said Block and Lots for the respective years; and WHEREAS, the City’s Tax Appeal Attorney, Edna J. Jordan, Esq. and/or Kenneth A. Porro, Esq. of Chasan Lamparello Mallon & Cappuzzo, P.C. has completed discovery/inquiry with respect to these matters and has consulted with the City Tax Assessor, Arthur Carlson, CTA and the City’s Appraiser, McNerney & Associates, Inc. and has conducted extensive negotiations with counsel for the taxpayer; and WHEREAS, the parties have agreed that prejudgment interest shall be waived as a condition of any and all settlements; and WHEREAS, the City’s Tax Appeal Attorneys, the City’s Appraiser and the City’s Tax Assessor are in agreement with the terms of said settlements and believe that it would be in the best interest of the City to settle said cases in accordance with the terms as stated on the attached list; NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the City of Hackensack agrees to authorize the City’s Tax Appeal Attorney, Edna J. Jordan, Esq. or Kenneth A. Porro, Esq. to execute a Stipulation of Settlement on behalf of the City of Hackensack with respect to the cases on the attached list pending in the Tax Court of New Jersey for the tax years and at the new assessments stated on said list. Council Intr Secon Abstai Absen Recuse Member o d Yes No n t d Von Rudenborg X Deputy Mayor Canestrino X X Battaglia X X Carroll X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 192-23 RESOLUTION AUTHORIZING THE SETTLEMENT OF THE WORKERS’ COMPENSATION MATTER FILED BY GREGORY STEWART, PENDING IN THE NEW JERSEY DIVISION OF WORKER’S COMPENSATION, CASE NO. 2022-7111 WHEREAS, the City of Hackensack (“City”) is the Respondent in a worker’s compensation matter (Case No. 2022-7111), filed by Petitioner Gregory Stewart; and, WHEREAS, the City’s attorneys have recommended settlement of this matter and have advised the Mayor and Council that the Worker’s Compensation Court has determined that the terms of the proposed settlement are fair and just; and, 05/09/2023 10  WHEREAS, the Mayor and Council agree that settlement of this matter is appropriate and desire to formally approve same; and, WHEREAS, the Chief Financial Officer certifies that there are sufficient and legally appropriated funds available to fund a settlement amount not to exceed $49,826, inclusive of counsel and other fees and costs in the approximate amount of $5,672, to be awarded by the Worker’s Compensation Court, under account number 3-01-23-215-215-211. 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 above recitals are hereby incorporated as if restated herein in full. 2. The Mayor and Council of the City of Hackensack find and determine that it is in the best interests of the City to accept the recommendation of its claims adjusters, defense attorneys, and City Attorney and settle Worker’s Compensation Case No. 2022-7111 in an amount not to exceed $49,826, inclusive of counsel and other fees and costs to be awarded by the Worker’s Compensation Court. 3. The City Manager, City Attorney, and the City’s claims adjusters and defense attorneys are authorized and directed to take all necessary and appropriate action to effectuate the settlement. 4. This Resolution shall take effect immediately. Council Intr Secon Abstai Absen Recuse Member o d Yes No n t d Von Rudenborg X Deputy Mayor Canestrino X X Battaglia X X Carroll X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 193-23 RESOLUTION AUTHORIZING APPROVAL OF 2021 AUDIT CORRECTIVE PLAN WHEREAS, the City of Hackensack is in receipt of the Report of Audit for the period ending December 31, 2021; and WHEREAS, the Mayor and Council of the City of Hackensack formally accepted said audit document on April 11, 2023; and WHEREAS, it is necessary to develop and obtain Mayor and Council approval of an Audit Corrective Action Plan; and WHEREAS, said plan must be approved and filed within sixty days of formal notice. NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the required Audit Corrective Action Plan, having been prepared and submitted by the Chief Financial Officer, is hereby approved and further that said plan document be placed on file and made available for public inspection in the Office of the City Clerk. Council Intr Secon Yes No Abstai Recuse Member o d n Absen d 05/09/2023 11  t Von Rudenborg X Deputy Mayor Canestrino X X Battaglia X X Carroll X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 194-23 RESOLUTION AUTHORIZING THE AWARDING OF A CONTRACT TO ATHLETIC FIELD CARE, LLC FOR FIELD MAINTENANCE WHEREAS, the City of Hackensack Department of Public Works requires the services of a contractor to maintain certain sports fields throughout the City to make them safe, playable and presentable for the City’s numerous Recreation sports programs; and WHEREAS, the City has reviewed a proposal by Athletic Field Care, LLC and determined that they have the proper expertise and experience with the City’s fields to perform these services. NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council of the City of Hackensack, County of Bergen, as follows: 1. Athletic Field Care, LLC of 52 Blawell Pl., Hackensack, NJ 07601 is hereby awarded a contract in the amount not to exceed $30,000 for field care and maintenance at certain parks throughout the City, in accordance with the proposal attached. 2. A Certification of Funds has been prepared by the Chief Financial Officer for the said contract assuring that a sufficient appropriation in budget account 3-01-28-375-375-204 to fund the purchases authorized in this resolution as an express and mandatory condition of the award of this contract. 3. The Mayor and City Clerk are 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 the furtherance of this award. Council Intr Secon Abstai Absen Recuse Member o d Yes No n t d Von Rudenborg X Deputy Mayor Canestrino X X Battaglia X X Carroll X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 195-23 RESOLUTION APPROVING CORRECTIVE ACTION PLAN TO REVIEW AND ADDRESS POTENTIAL DEFICIENCIES WITH THE CITY’S POLICIES AND PROCEDURES REGARDING SICK AND VACATION LEAVE WHEREAS, the City of Hackensack is in receipt of a report from the Office of the State Comptroller entitled “A Review of Sick and Vacation Leave Polices in New Jersey Municipalities,” wherein the results of a survey conducted among 60 New Jersey municipalities of their sick and vacation leave policies and procedures was reviewed; and 05/09/2023 12  WHEREAS, the City of Hackensack was among those 60 municipalities reviewed; and WHEREAS, a deficiency was discovered in the City’s Ordinance #17-17 with regard with the 2007 law N.J.S.A. 11A:6-19.2 and the 2010 law N.J.S.A. 11A:6-19.2; and WHEREAS, it was also revealed that several collective bargaining agreements contained either incorrect or insufficient information regarding said laws; and WHEREAS, the City responded with a Corrective Action Plan, dated September 29, 2022, and submitted same to the Office of the State Comptroller; and WHEREAS, as per that Corrective Action Plan, the City has since corrected Ordinance #17-17 with the adoption of Ordinance #48-22 on October 18, 2022, and is currently addressing the labor contract language deficiencies through the collective bargaining process; and WHEREAS, the City now wishes to amend and expand that Corrective Action Plan. NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council of the City of Hackensack, County of Bergen, that the September 29, 2022 Corrective Action Plan to review the State Comptroller’s findings of the City’s sick and vacation policies be amended to include: 1. An assessment to be conducted by the City’s Auditor and Chief Financial Officer of all sick leave payments made to ensure compliance with the 2007 and 2010 laws regarding same. 2. A review of the current procedures for determining eligibility, the recording of accrued time, the calculation of eligible leave payments, and all internal policies, procedures, and controls designed to prevent unlawful payments and to increase transparency of all future payments. 3. A report of all findings and recommendations for improvement to be submitted to the governing body. BE IT FURTHER RESOLVED, that a copy of this Resolution be forwarded to the Office of the State Comptroller. Council Intr Secon Abstai Absen Recuse Member o d Yes No n t d Von Rudenborg X Deputy Mayor Canestrino X X Battaglia X X Carroll X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 196-23 RESOLUTION AUTHORIZING ADOPTION OF 2023 MUNICIPAL BUDGET BE IT RESOLVED, by the Mayor and Council of the City of Hackensack, County of Bergen that the budget hereinbefore set forth is hereby adopted and shall constitute an appropriation for the purposes stated of the sums therein set forth as appropriations and authorizations of the amount of: 05/09/2023 13  $88,616,205.00 (Item 2 below) for municipal purposes, and $340,800.00.00 (Budget Sheet 43) for Open Space Trust Fund Levy, and $2,373,433.00 (Item 5 below) Minimum Library Tax SUMMARY OF REVENUES 1. General Revenues Surplus Anticipated $ 6,270,000.00 Miscellaneous Revenue Anticipated $24,564,312.00 Receipts from Delinquent Taxes $ 0.00 2. Amount to be Raised by Taxation for Municipal Purposes (Item 6(a), Sheet 11) $88,616,205.00 5. Amount to be Raised by Taxation – Minimum Library Levy $ 2,373,433.00 Total Revenues: $121,823,950.00 SUMMARY OF APPROPRIATIONS GENERAL APPROPRIATIONS Within “CAPS” (a&b) Operations including Contingent $82,949,250.00 (e) Deferred Charges and Statutory $13,983,008.00 Excluded From “CAPS” (a) Operations – excluded from “CAPS” $14,513,292.00 (c) Capital Improvements $ 400,000.00 (d) Municipal Debt Service $ 6,350,000.00 (e) Deferred Charges – Municipal $ 2,128,400.00 (m) Reserve for Uncollected Taxes $ 1,500,000.00 Total Appropriations: $121,823,950.00 It is hereby certified that the within budget is a true copy of the budget finally adopted by resolution of the Governing Body on the 9th day of May 2023. It is further certified that each item of revenue and appropriation is set forth in the same amount and by the same title as appeared in the 2023 approved budget and all amendments thereto, if any, which have been previously approved by the Director of Local Government Services. Council Intr Secon Abstai Absen Recuse Member o d Yes No n t d Von Rudenborg X Deputy Mayor Canestrino X X Battaglia X X Carroll X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 197-23 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: 05/09/2023 14  Current Fund $ 1,039,236.62 Grants 2,089.04 Payroll 1,783,114.03 Public Parking System 8,702.42 Capital 1,376,913.29 Escrow 128,402.73 Trust Account 111,587.98 Total Expenditures 4,450,046.11 Interfunds/Transfers $ 11,416,474.46 Council Intr Secon Abstai Absen Recuse Member o d Yes No n t d Von Rudenborg X Deputy Mayor Canestrino X X Battaglia X X Carroll X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 198-23 RESOLUTION AUTHORIZING LEAVE OF ABSENCE WITHOUT PAY FOR THOMAS BORGARO, PLUMBING INSPECTOR, FROM MAY 1, 2023 TO JULY 25, 2023 WHEREAS, Thomas Borgaro, Plumbing Inspector in the Building Department, has requested a Leave of Absence without pay for twelve (12) weeks for personal reasons as noted in the Employee Handbook under the Leave of Absence Policy, and WHEREAS, City Manager Vincent Caruso has determined that this employee be granted a Leave of Absence for twelve weeks, commencing Monday, May 1, 2023 and terminating Tuesday, July 25, 2023. NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Hackensack, that Thomas Borgaro, Plumbing Inspector, be granted a Leave of Absence for twelve weeks, without pay, as requested. Council Intr Secon Abstai Absen Recuse Member o d Yes No n t d Von Rudenborg X Deputy Mayor Canestrino X X Battaglia X X Carroll X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 199-23 05/09/2023 15  RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HACKENSACK AWARDING PROFESSIONAL SERVICE AGREEMENT TO WISS & BOUREGY P.C. AS SPECIAL COUNSEL FOR LABOR AND EMPLOYMENT WHEREAS, it is necessary for the City of Hackensack ("City") to engage the services of Special Counsel for Labor and Employment; and, WHEREAS, N.J.S.A. 40A:11-1 et seq. exempts professional services from certain requirements of public bidding provided a notice of the appointment be printed in a newspaper of general circulation within the municipality; and, WHEREAS, the City did undertake a competitive process to select a Special Counsel for Labor and Employment and solicited Requests for Qualifications for the year 2022/2023; and, WHEREAS, the City has determined that the proposal submitted by Wiss & Bouregy P.C. will be the most advantageous to the City, all relevant factors considered; and, WHEREAS, the City has previously qualified Wiss & Bouregy P.C as Special Counsel for Labor and Employment for the year 2022/2023; and, WHEREAS, the City has received a Business Registration Certificate and Stockholder Disclosure from Wiss & Bouregy P.C prior to entering into a contract; and, WHEREAS, the Chief Financial Officer has certified the availability of funds in budget account 3-01-20-155-155-203 as an express condition of this contract. NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Hackensack, in the County of Bergen, State of New Jersey that said Special Counsel for Labor and Employment be and is hereby appointed for the years 2022/2023; and, BE IT FURTHER RESOLVED, that compensation for said Special Counsel for Labor and Employment for the years 2022/2023 shall be claimed, approved and paid in the manner set forth in N.J.S.A. 40A:5-16 and pursuant to a professional service agreement to be entered between the parties; and, BE IT FURTHER RESOLVED, that the maximum dollar amount of this contract for Special Counsel for Labor and Employment services is reasonably estimated to be $140,000 over the contract term; however, the City is not obligated to spend this amount; and, BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to sign the agreement on behalf of the City, which shall be available for public inspection in the office of the City Clerk; and, BE IT FURTHER RESOLVED, that the City Clerk shall cause a notice of the adoption of this resolution to be printed in a qualified newspaper within ten (10) days after passage hereof. Council Intr Secon Abstai Abse Recuse Member o d Yes No n nt d Von Rudenbor g X Deputy X X 05/09/2023 16  Mayor Canestrin o Battaglia X X Carroll X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 200-23 RESOLUTION AUTHORIZING RAFFLE LICENSES BE IT RESOLVED, by the City Council of the City of Hackensack that the following organization(s) be granted permission to conduct a Raffle in accordance with the application on file in the office of the City Clerk: RA #2256 Saint Joseph RC Church Public Comment A motion to open the meeting to the public was offered by Deputy Mayor Canestrino and seconded by Councilman Battaglia. Rich Cerbo – Millions of dollars just to run a community, that is where inflation hits us. Government spending is where inflation is coming from. Don’t look away as if inflation is eating us up. A couple of things Johnson Avenue as you go around the turn, as you go around the empty retail area, it is empty, Quickcheck, a school, a bank, it is empty now so behind there needs to be tended to. It doesn’t look right. It is forgotten about. There are city trash cans there. What is the ordinance on chickens? There are a lot of people in town with chickens. You can just have eggs in your yard and six is the limit. I mentioned Spring Valley Avenue already. I send emails and I get no answers. Tracy Puntasecca – I am here about Staib Park again. I thought it was supposed to be done by the end of April and since the job is so far past schedule, what is going on? City Attorney responded – The priority is to get it completed and last I heard they were moving as expeditiously as possible. They have been put on notice and hopefully that has moved them along. Our dissatisfaction with the contractor has been made clear to them in numerous ways. Mayor Labrosse responded – This is where government fails with the low bid process when you get promises but then there are 50 change orders and end up paying more in the long run. We would have been done a long time ago. We are not happy. Nahshon Bolton – I am here again from the Jamaican Organization of New Jersey about the street naming and wanted to know any updates coming regarding this matter. Mayor Labrosse responded – We discussed this in closed session and we agreed on Anderson and Union being named “One Love way” City Attorney responded – We had a similar situation in another municipality recently and no one could seem to agree if anything was needed to formally commemorate a street. I think it would be nice to have a resolution regardless for posterity sake. 05/09/2023 17 Mayor Labrosse responded – For the next council meeting we will have it on the docket to approve. 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 Battaglia. Council Comment Councilwoman Von Rudenborg – Thanks for coming out. I want to thank Jim again for always working so hard and explaining the budget to us. Thank you to Deputy Mayor Canestrino for her advocacy and perseverance with the airport. I appreciate it. It is a nuisance. You can’t even talk to anyone in your own backyard. We have to keep calling in. Happy Birthday to Ms. Manning. 100 is a huge accomplishment. Kids to Parks Day goes back to Staib, no one is more frustrated than we are. You start out so excited and then get to a point where just get there. It is frustrating. That is the park my kids frequent. Our hands are tied. We are going to keep moving forward and working on all the parks because it is so important. Every time my kids are home, their device is in their hands. Teacher appreciation week, being a teacher is not easy these days. Teaching was hands on and now you have so much red tape and it is so different now. It is hard to find teachers that engage students. Thank you to all the teachers out there. Last meeting, I failed to thank our clerks, so I just want to thank them for being so wonderful to us. Thank you. Deputy Mayor Canestrino – Happy 100 th Birthday, that is such an accomplishment. Thank you to the teachers, they are critical to the kid’s future success. We have wonderful teachers here in Hackensack we adopted the 40-million-dollar bond ordinance. We have a 32-million-dollar grant and the city will be adding 8 million to it. We will be moving to the Green Street area for sewer separation, potentially looking to add another outfall to the river. It is another step in the right direction. Jim did a wonderful job on the budget and great presentation. I heard you Mr. Cerbo but there are so many things that are complimentary to the 7 percent inflationary increase and it’s not fair to blame it on city government. We are appreciative for the employees to control spending and Jim to put it together in a way that makes sense for the city. Brining in revenue is critical and we are seeing it in the downtown now with 4.5 million dollars in PILOT money now plus a lot of the fees like development fees and construction fees which all contribute to the revenue coming in and the partnerships on a personal level and for the city in general. We are partners in redevelopment. The more successful the developers are the more we are. Same with HUMC. They employ 8,000 – 9,000 people who are patronizing businesses and providing jobs. They bring a lot to the city of Hackensack as well with continuing to pay the service agreement and they also pay a considerable amount in taxes on their taxable properties as well. We are building partnerships together. The only way to reduce is bring more money in. I won’t talk a lot about the airport update you can watch it on the COW recording. We are seeing it steady at night with 30 percent at night using the new path but not much during the day. We need to urge them to pursue use in daytime. Enjoy the rest of your night. Enjoy the sunny days, have a nice week. Thank you. Councilman Battaglia – My condolences to the people in Texas. I don’t know what is wrong with people. Thank you, Jim, for the presentation. Happy Birthday, 100 years it is great to reach that. We finished Hopper and Poor Street and will start Summit in June. We continue the separation and then pave Union and Clay Streets. Right now, we went to bid for the parks. I have been trying to build the dome since 2009 and I hope it gets done before I go. The problem with the speeding, if you have better solution than table bumps, let me know. I see the busses and cars and they continue to speed and we need to be proactive. It is not only Spring Valley but Fairmont, Catalpa, Euclid. We are going to look into the table bumps. Thank you for coming and good night. 05/09/2023 18 Councilman Carroll – Thank you Jim. Happy Birthday to Ms. Manning! As a retired educator, I wish all teachers a great week. I also want to mention Juneteenth. We are holding a celebration on the 17 th of June which will hopefully have a large turnout. As far as parks, we are going out to bid and hopefully we will get the parks up and going and get these things taken care of. Thank you for showing up, enjoy and get home safe. Mayor Labrosse – Kudos to Jim on a great budget and great teamwork. The summer concerts schedule is coming out so if you go on hackensack.org you will be able to see it. There are concerts on the green, concerts in Atlantic Street Park, Movies in the park, Shakespeare in the Park, yoga, July 4 th Gucci fireworks again. I am looking forward to that. Congrats to Ms. Manning on 100 years. We are working on a beer garden in Foschini for the 4 th of July like when we had it at Atlantic Street Park. Being married to someone who was an educator for over 20 years I saw firsthand especially what they had to go through during covid. My wife worked 16 hours a day during covid. Kudos to them for what they do. They are in control of our future. Prayers to retired Zoning Officer Al Borrelli. The average inflation is at 7 percent and the city budget increase was less than that. You have got it under 2 percent and the norm around the country is 7 percent so great job. I would rather pay $200 than $1,000 any day. Thanks for coming. There being no further business the meeting was adjourned at 9:23 PM. Approved by Mayor and Council on My 23, 2023. _____________________________________ Mayor John P. Labrosse, Jr. ____________________________________ Deputy Mayor Kathleen Canestrino _____________________________________ Councilman Leonardo Battaglia ___________________________________ Councilwoman Stephanie Von Rudenborg ______________________________________ Councilman Gerard Carroll ____________________________________ City Clerk Deborah Karlsson, RMC 05/09/2023 19