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, September 5, 2023 at 8:00 p.m. Deputy Mayor Canestrino 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: Deputy Mayor Canestrino, Councilman Battaglia, Councilwoman Von Rudenborg and Councilman Carroll were present. Mayor Labrosse was absent. 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 – Childhood Cancer Awareness Month Prostate Cancer Awareness Month Approval of Minutes – A motion to approve the Executive, C.O.W., and Regular Meeting Minutes from August 14, 2023 was offered by Councilman Battaglia, seconded by Councilwoman Von Rudenborg and approved by Deputy Mayor Canestrino, Councilwoman Von Rudenborg, Councilman Battaglia, and Councilman Carroll. City Manager’s Report The City will be holding a 9/11 Memorial Ceremony on September 11 th at 10am at fire headquarters. The movie under the stars rescheduled from August 10 th will be September 7th. Please sign the petition to reduce air traffic noise at Teterboro. It can be found on the website, Nixle and Facebook as well as if you go to ipetition.com and search Teterboro. Every signature counts. Resolutions Council Intr Secon Abstai Absen Recuse Member o d Yes No n t d Von Rudenborg X X Deputy Mayor Canestrino X Battaglia X X Carroll X Mayor X Labrosse CITY OF HACKENSACK RESOLUTION NO: 330-23 FINAL ADOPTION OF ORDINANCE NO. 32-2023, AN ORDINANCE TO AMEND AND UPDATE CHAPTER 32 OF THE CODE OF THE CITY OF HACKENSACK, “POLICE DEPARTMENT,” WITH RESPECT TO THE DEPARTMENTAL TABLE OF ORGANIZATION AND RELATED MATTERS Motion at the August 14, 2023 Council Meeting offered by Councilman Battaglia and seconded by Councilman Carroll that Ordinance 32-2023 be tabled 09/05/2023 1 until the next meeting. A motion to remove Ordinance 32-3023 from the table offered by Councilman Battaglia and seconded by Councilwoman Von Rudenborg. This Ordinance has been published according to law and now calls for a Public Hearing. Motion offered by Councilman Battaglia and seconded by Councilwoman Von Rudenborg that there be a public hearing. PUBLIC HEARING - No one wished to speak Motion offered by Councilman Battaglia and seconded by Councilwoman Von Rudenborg 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. 32-2023 has passed its second and final reading and is hereby adopted. CITY OF HACKENSACK ORDINANCE NO. 32-2023 AN ORDINANCE TO AMEND AND UPDATE CHAPTER 32 OF THE CODE OF THE CITY OF HACKENSACK, “POLICE DEPARTMENT,” WITH RESPECT TO THE DEPARTMENTAL TABLE OF ORGANIZATION AND RELATED MATTERS WHEREAS, pursuant to N.J.S.A. 40A:14-118, the governing body of a municipality may establish a police force and determine such members, officers and personnel as shall be deemed necessary for the effective government of the force; and, WHEREAS, in accordance with its statutory authority, the City Council of the City of Hackensack (“Council”) has previously established a Table of Organization for the Hackensack Police Department in Chapter 32, Section 1 of the Code of the City of Hackensack; and, WHEREAS, the Council believes it is now necessary and appropriate to amend and update the Police Department Table of Organization for the effective government of the force; and, WHEREAS, the Council further believes that Article 32, Section 5 of the City Code should be modified regarding temporary appointments to ranking positions within the Hackensack Police Department to provide an appropriate level of discretion to the City Manager and Police Director. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HACKENSACK, as follows: Section 1: Chapter 32, Section 1 of the Code of the City of Hackensack is hereby revised to now read as follows (additions by underline, deletions by strikethrough): §32-1 Establishment of Police Department. There is hereby created, in and for the City of Hackensack, a Police Department, as follows: A. Sworn officers. Up to three (3) Seven Captains, up to twelve (12) 10 Lieutenants, up to eighteen (18) Sergeants, and a maximum of 80 police officers, to be appointed to these positions by the City Manager with the budgetary approval of the City Council, as public need may require. B. [UNCHANGED] C. [UNCHANGED] Section 2: Chapter 32, Section 5 of the Code of the City of Hackensack is hereby revised to now read as follows (additions by underline, deletions by strikethrough): §32-5 Appointment of officers and personnel; temporary and provisional appointments. 09/05/2023 2  A. [UNCHANGED] B. In the event any appointed Captain is suspended, placed on terminal leave, or has otherwise provided notice of irrevocable retirement, the City Manager, in consultation with the Police Director, shall may, in their discretion, appoint a current Lieutenant to fill that Captain’s position and to continue the performance of duties and assume the responsibilities associated therewith. Such an appointment may be temporary and subject to a return to the Lieutenant’s original position upon the Captain’s return to active duty, or such appointment may be permanent and intended to be a promotion and replacement of a Captain on terminal leave or who is otherwise retiring from the Department. The decision of whether an any such appointment is temporary or permanent shall be made by the City Manager and the , in consultation with the Police Director, pursuant to Department City policy, the rules and regulations of the State of New Jersey Department of Personnel Civil Service Commission, and as otherwise prescribed by the statutes of the State of New Jersey State law and City ordinances. Section 3: All other provisions of Chapter 32 of the City Code shall remain unchanged. Section 4: 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 5: 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 6: 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 7: 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 X Deputy Mayor Canestrino X Battaglia X X Carroll X Mayor X Labrosse CITY OF HACKENSACK RESOLUTION NO: 331-23 FINAL ADOPTION OF ORDINANCE NO. 34-2023, AN ORDINANCE AMENDING AN ORDINANCE TO CONFIRM 09/05/2023 3  THE PERFECTION OF THE VACATION OF CARUSO STREET IN THE CITY OF HACKENSACK, COUNTY OF BERGEN, AND STATE OF NEW JERSEY This Ordinance has been published according to law and now calls for a Public Hearing. Motion offered by Councilman Battaglia and seconded by Councilwoman Von Rudenborg that there be a public hearing. PUBLIC HEARING - No one wished to speak. Motion offered by Councilman Battaglia and seconded by Councilwoman Von Rudenborg 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. 34-2023 has passed its second and final reading and is hereby adopted. CITY OF HACKENSACK ORDINANCE NO. 34-2023 AN ORDINANCE AMENDING AN ORDINANCE TO CONFIRM THE PERFECTION OF THE VACATION OF CARUSO STREET IN THE CITY OF HACKENSACK, COUNTY OF BERGEN, AND STATE OF NEW JERSEY WHEREAS, there existed in the City of Hackensack (“City”) a dedicated but unaccepted paper street known as Caruso Street, (Hereinafter “Caruso Street” or interchangeably “Paper Street”) and as such no public rights to the Street had ever vested; and, WHEREAS, the entirety of Caruso Street, consisting of 15,742.60 square feet (approximately 0.36 acres) was bordered by Polifly Road to the west; Block 100.2, Lots 9, 8, 7, 6, 5, 4, 3, 2, and Lot 1 of the City’s Tax Map to the north; Kenneth Street to the east; and property owned by the New Jersey Department of Transportation (“NJDOT”) to the south; and, WHEREAS, the entirety of Caruso Street is more particularly described in Schedule “A”, attached to this Ordinance, “Metes and Bounds Description of the Total Area of Caruso Street to be Vacated, City of Hackensack, County of Bergen, State of New Jersey” as prepared by Professional Land Surveyor Miloslav Rehak, dated March 3, 2021; and, WHEREAS, the Proposed outlet for Caruso Street would be on Polifly Road which access is neither vehicularly accessible nor usable as it adjoins the existing Route 80 off-ramp and a portion of Caruso Street which has already been condemned by the NJDOT to service the Interstate off-ramp; and, WHEREAS, because Caruso Street cannot be used as a thoroughfare, it did not and does not serve any substantial Municipal purpose, and it therefore provides no particular benefit to the City and/or the residents of Hackensack; and, WHEREAS, the City vacated Caruso Street by way of the adoption of Ordinance 121-21 (the 2021 Ordinance”) and returned the property to the City’s tax rolls and/or eliminated the City’s need to incur any and all maintenance costs; and, WHEREAS, a copy of the 2021 Ordinance is attached hereto as Schedule “B”; and, WHEREAS, the 2021 Ordinance became effective on March 23, 2021 (the “Effective Date”) and, WHEREAS, N.J.S.A. 40:67-21 required that the 2021 Ordinance be filed with the Bergen County Clerk within sixty (60) days of its Effective Date; and, WHEREAS, Deputy City Clerk Allison Saabye affirms that she hand delivered the 2021 Ordinance to the Bergen County Clerk within sixty (60) days of the 2021 Ordinance’s Effective Date and has executed an affidavit confirming same, which is incorporated herein in its entirety and is attached hereto as Schedule “C;” and, 09/05/2023 4  WHEREAS, in order to avoid any potential future Title or Legal issues the City adopts this Ordinance amending the 2021 Ordinance confirming the vacation and reperfection of filing compliance pursuant to N.J.S.A. 40:67-21; WHEREAS, in all probability the delay in recording the 2021 Ordinance, which occurred on July 20, 2022, was due to the Covid-19 pandemic which was still ongoing at the time of filing; and WHEREAS, the City Council maintains that it is in the best interest of the City to confirm and restate the perfection of the vacation of the entirety of Caruso Street as described in Schedule A of this Ordinance and to now readopt and confirm the vacation of the Paper Street nun pro tunc to March 23, 2021. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HACKENSACK, as follows: Section 1: Subject to the conditions set forth herein, the rights of the public and the City of Hackensack in and to the portion of Caruso Street as described in the vacation map and survey attached as Schedule “A” to this Ordinance are hereby extinguished. Section 2: As required by N.J.S.A. 40:67-1(b), expressly reserved and excepted from the portion of the Ordinance relating to the vacation of the Caruso Street as described in Schedule “A” of this Ordinance are all rights and privileges heretofore possessed by public utilities as defined in N.J.S.A. 48:2-13, and any cable television companies as defined in the “Cable Television Act” N.J.S.A. 48:5A-1, et seq., to maintain or repair existing facilities, adjacent to or under the street to be vacated. Section 3: Upon the vacation of Caruso Street as described in Schedule “A” of the Ordinance, in accordance with New Jersey law, said property shall revert back to the ownership of the adjacent property owners. The portion of Caruso Street that shall become part of Block 100.02, Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9 of the City’s Tax Map is more particularly described in Schedule “D” to this Ordinance, “Metes and Bounds Description of the Portion of Caruso Street Being Vacated for the Benefit of Lots 1-9 in Tax Block 100.02, City of Hackensack, County of Bergen, State of New Jersey” as prepared by Professional Land Surveyor Miloslav Rehak and dated March 3, 2021. The portion of Caruso Street that shall become part of lands owned by the New Jersey Department of Transportation is more particularly described in Schedule “E” to this Ordinance, “Metes and Bounds Description of the Portion of Caruso Street Being Vacated for the Benefit of the New Jersey Department of Transportation” as prepared by Professional Land Surveyor Miloslav Rehak dated March 3, 2021. Section 4: Except as expressly set forth in Section 2 of this Ordinance, it is the intent of the City Council to reconfirm the adoption of the 2021 Ordinance and vacate all interests that the public may have in the dedicated but unaccepted paper street known as Caruso Street, and to provide that the underlying property shall be conveyed, in its "as is" condition, to the adjoining property owners for no further consideration. Section 5: Pursuant to N.J.S.A. 40:49-6, at least ten days prior to the time fixed for the consideration of this Ordinance for final passage, the City Clerk shall publish this Amending Ordinance in its entirety or by title or by title and summary at least once in the City’s official newspaper and a notice of the introduction thereof, the time and place when and where it will be further considered for final passage, a clear and concise statement prepared by the City Clerk setting forth the purpose of the Ordinance, and the time and place when and where a copy of the Ordinance can be obtained without cost by any member of the general public who wants a copy of the Ordinance. Section 6: At least one week prior to the time fixed for the consideration of this Ordinance for final passage, a copy hereof, together with a notice of the introduction thereof and the time and place when and where the Ordinance will be further considered for final passage, shall be mailed to every person whose land may 09/05/2023 5 be affected by this Ordinance so far as may be ascertained. Said notices shall be mailed by the City Clerk in accordance with the provisions of N.J.S.A. 40:49-6. Section 7: The City Clerk shall, within sixty (60) days of the effective date of this Ordinance, file this Ordinance certified by her under seal of the Municipality to be a true copy thereof together with proof of publication thereof, in the office of the Bergen County Clerk in accordance with the provisions of N.J.S.A. 40:67-21. Section 8: Repeal of Inconsistent Provisions. All existing 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 in conflict or inconsistent with any provision of this Ordinance shall remain in effect. Section 9: The Mayor, City Clerk and/or City Attorney be and hereby are authorized to prepare and execute such documents and take such further action as may reasonably be required to effectuate the purpose of this Ordinance. Section 10: 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 X Deputy Mayor Canestrino X Battaglia X X Carroll X Mayor X Labrosse CITY OF HACKENSACK RESOLUTION NO: 332-23 FINAL ADOPTION OF ORDINANCE NO. 35-2023, AN ORDINANCE ESTABLISHING FAIR MARKET VALUE FOR PROPERTIES LOCATED UPON BLOCK 315, LOTS 14, 15 (FORMERLY LOTS 15-18), 21, 24, 25, 26, 27, 28.02, 30.01, 30.02 (FORMERLY LOTS 29.02 AND 30.02), AND 31 (A PORTION OF CURRENT LOT 32.01) IN THE CITY OF HACKENSACK AND AUTHORIZING ACQUISITION OF THESE PROPERTIES BY PURCHASE OR EMINENT DOMAIN FOR THE PURPOSE OF REDEVELOPMENT, INCLUDING A PUBLIC PARKING GARAGE This Ordinance has been published according to law and now calls for a Public Hearing. Motion offered by Councilman Battaglia and seconded by Councilwoman Von Rudenborg that there be a public hearing. PUBLIC HEARING - No one wished to speak. Motion offered by Councilman Battaglia and seconded by Councilwoman Von Rudenborg 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. 35-2023 has passed its second and final reading and is hereby adopted. ORDINANCE NO. 35-2023 09/05/2023 6  CITY OF HACKENSACK COUNTY OF BERGEN ORDINANCE ESTABLISHING FAIR MARKET VALUE FOR PROPERTIES LOCATED UPON BLOCK 315, LOTS 14, 15 (FORMERLY LOTS 15-18), 21, 24, 25, 26, 27, 28.02, 30.01, 30.02 (FORMERLY LOTS 29.02 AND 30.02), AND 31 (A PORTION OF CURRENT LOT 32.01) IN THE CITY OF HACKENSACK AND AUTHORIZING ACQUISITION OF THESE PROPERTIES BY PURCHASE OR EMINENT DOMAIN FOR THE PURPOSE OF REDEVELOPMENT, INCLUDING A PUBLIC PARKING GARAGE WHEREAS, on December 8, 2015, pursuant to Resolution No. 516-15, the City of Hackensack (the “City”) authorized and requested that the Planning Board undertake a preliminary investigation to determine whether Block 315, Lot 8 (270 State Street), Lot 9 (276 State Street), Lot 11 (280 State Street), Lot 14 (288 State Street), Lots 15-16 (294-298 State Street), Lot 17 (21 Camden Street), Lot 18 (17 Camden Street), Lot 21 (275-283 Main Street), Lot 24 (271 Main Street), Lot 25 (269 Main Street), Lot 26 (265 Main Street), Lot 27 (263 Main Street), Lot 28.01 (257 Main Street), Lot 28.02 (261 Main Street), Lot 29.01 (255 Main Street), Lot 29.02 (253 ½ Main Street), Lot 30.01 (251 Main Street), Lot 30.02 (253 Main Street), and Lot 31 (245-249 Main Street) (the “Block 315 Area of Investigation”) constitute an “area in need of redevelopment” for condemnation eligible purposes according to the criteria set forth in N.J.S.A. 40A:12A-5 and N.J.S.A. 40A:12A-3; and WHEREAS, on December 8, 2015, pursuant to Resolution No. 515-15 (amending Resolution No. 479-15), the City also authorized and requested that the Planning Board undertake a preliminary investigation to determine whether various City-owned properties, including in relevant part hereto, Block 315, Lot 34 (“Lot D”) constitutes an “area in need of redevelopment” according to the criteria set forth in N.J.S.A. 40A:12A-5 and N.J.S.A. 40A:12A-3; and WHEREAS, on February 23, 2016, pursuant to Resolution No. 72-16, the governing body determined that the Block 315 Area of Investigation is an area in need of redevelopment for condemnation eligible purposes; and WHEREAS, on February 23, 2016, pursuant to Resolution No. 73-16, the governing body determined that Lot D is an area in need of redevelopment; and WHEREAS, on March 8, 2016, pursuant to Ordinance No. 07-2016, the governing body adopted the Block 315 Redevelopment Plan, as may be amended (“Redevelopment Plan”), including the Block 315 Area of Investigation and Lot D (collectively, the “Block 315 Redevelopment Area”); and WHEREAS, in 2020, the City solicited Requests for Expressions of Interest (“RFEI”) regarding the redevelopment of the Block 315 Redevelopment Area, which would include public parking improvements; and WHEREAS, on November 9, 2021, pursuant to Resolution No. 472-21, the governing body designated Hackensack Main Street Urban Renewal LLC (the “Redeveloper”) as the designated redeveloper of Block 315, Lots 14, 15, 16, 17, 18, 21, 24, 25, 26, 27, 28.01, 28.02, 29.01, 29.02, 30.01, 30.02, 31 and 34 (the “Project Site”); and WHEREAS, since that time a number of lot mergers have taken place, resulting in the current Project Site to consist of Block 315, Lots 14, 15 (formerly Lots 15-18), 21, 24, 25, 26, 27, 28.02, 30.01, 30.02 (formerly Lots 29.02 and 30.02), and 31 (a portion of current Lot 32.01); and WHEREAS, on May 23, 2023, pursuant to Resolution No. 58-23, the governing body entered into a Redevelopment Agreement under which Hackensack Main Street Urban Renewal LLC was designated the exclusive master redeveloper of the Properties located at Block 315, Lots 14, 15, 21, 24, 25, 26, 27, 28.01, 28.02, 30.01, 30.02, 32.01 and 34 to develop no fewer than 384 residential rental apartment units, a shared public parking garage, and related amenities including public plazas and retail space (the “Redevelopment Project”); and WHEREAS, the governing body pursuant to the provisions of N.J.S.A. 40A:12A-1 et seq., as amended, has determined it necessary to acquire lands and premises located at Block 315, Lots 14, 15 (formerly Lots 15-18), 21, 24, 25, 26, 27, 28.02, 30.01, 30.02 (formerly Lots 29.02 and 30.02), and 31 (a portion of current Lot 32.01) (the “Properties”) within the City and which Properties have been designated as an “area in need of redevelopment” for condemnation purposes; and 09/05/2023 7  WHEREAS, pursuant to N.J. Constitution Article 8, § 3, ¶ 1, the redevelopment of areas in need of redevelopment constitutes a public purpose and public use for which private property may be taken or acquired; and WHEREAS, pursuant to N.J.S.A. 40A:12A-8(c), the governing body is authorized to acquire, by condemnation, any land or building which is necessary for a redevelopment project pursuant to the provisions of the Eminent Domain Act, N.J.S.A. 20:3-1, et seq. provided that the land or building is located within a condemnation redevelopment area; and WHEREAS, the Properties located at Block 315, Lots 14, 15 (formerly Lots 15-18), 21, 24, 25, 26, 27, 28.02, 30.01, 30.02 (formerly Lots 29.02 and 30.02), and 31 (a portion of current Lot 32.01) in the City is located within an area that was designated as an area in need of redevelopment for condemnation purposes and the Properties are necessary and essential to the Redevelopment Project; and WHEREAS, it appears that the ownership of the Properties within Block 315 is as follows: Lot Address Owner 14 288 State Street 288 State, LLC 15 (formerly Lots 294-298 State Street DSWZ, LLC 15-18) 21 275-283 Main Street Moe Realty, LLC Main 271, LLC & Mos Dev 24 271 Main Street LLC 25 269 Main Street Diwan 168, LLC 26 265 Main Street 218 Main Hackensack LLC 27 263 Main Street RJSILVERTAIL Corp. 28.02 261 Main Street Main Moore Realty LLC 30.01 251 Main Street Usufi, Vergines 30.02 (formerly Lots 253 Main Street 253 Main Street 29.02 and 30.02) Hackensack LLC 31 (currently part of 243 Main Street AACG 241 Main, LLC Lot 32.01) ; and WHEREAS, the referenced Properties have been appraised by McNerney & Associates, Inc. (the “Appraiser”) to have a fair market value of: Lot Address Appraised Value 14 288 State Street $1,000,000 15 (formerly Lots 294-298 State Street $1,400,000 15-18) 21 275-283 Main Street $1,765,000 24 271 Main Street $840,000 25 269 Main Street $915,000 26 265 Main Street $700,000 27 263 Main Street $735,000 28.02 261 Main Street $1,130,000 30.01 251 Main Street $585,000 30.02 (formerly Lots 253 Main Street $835,000 29.02 and 30.02) 31 (currently part of 243 Main Street $430,000 Lot 32.01) NOW, THEREFORE, BE IT ORDAINED, by the governing body of the City of Hackensack in the County of Bergen, State of New Jersey that: 09/05/2023 8  1. It accepts the valuations set by the Appraiser as having been performed in a competent manner and in accordance with applicable laws and as establishing the fair market value of the Properties. 2. It hereby authorizes the purchase of the Properties, and any parcel comprising the Properties, located at Block 315, Lots 14, 15 (formerly Lots 15-18), 21, 24, 25, 26, 27, 28.02, 30.01, 30.02 (formerly Lots 29.02 and 30.02), and 31 (a portion of current Lot 32.01) in the City for the sums referenced above as necessary for the Redevelopment Project. 3. The Mayor or City Manager are hereby authorized to enter into one or more contracts and to sign all other documents necessary to consummate the acquisitions of said Properties subject to the review and approval of the City’s Redevelopment Counsel. 4. In the event the City cannot, for any reason, acquire as a result of amicable negotiations said lands and premises, the governing body hereby authorizes and directs the City’s Redevelopment Counsel to institute condemnation proceedings pursuant to the provisions of N.J.S.A. 20:3-1 et seq. Coun cil Abse Mem Intr Seco Absta nt Recus ber o nd Yes No in ed Von Rudenborg X X Deputy Mayor Canestrino X Battaglia X X Carroll X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO: 333-23 FINAL ADOPTION OF ORDINANCE NO. 36-2023, AN ORDINANCE AUTHORIZING FINANCIAL AGREEMENT WITH 359 MAIN STREET PARTNERS LLC, AN URBAN RENEWAL ENTITY, AUTHORIZED PURSUANT TO THE LONG- TERM TAX EXEMPTION LAW, N.J.S.A. 40A:20-1 ET SEQ., FOR THE DEVELOPMENT OF A MARKET RATE RESIDENTIAL APARTMENT PROJECT UPON BLOCK 408, LOTS 1 AND 16 This Ordinance has been published according to law and now calls for a Public Hearing. Motion offered by Councilman Battaglia and seconded by Councilwoman Von Rudenborg that there be a public hearing. PUBLIC HEARING - No one wished to speak. Motion offered by Councilman Battaglia and seconded by Councilwoman Von Rudenborg 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. 36-2023 has passed its second and final reading and is hereby adopted. CITY OF HACKENSACK ORDINANCE NO. 36-2023 ORDINANCE AUTHORIZING FINANCIAL AGREEMENT WITH 359 MAIN STREET PARTNERS LLC, AN URBAN RENEWAL ENTITY, AUTHORIZED PURSUANT TO THE LONG-TERM TAX EXEMPTION LAW, N.J.S.A. 40A:20-1 ET SEQ., FOR THE DEVELOPMENT OF A MARKET RATE RESIDENTIAL APARTMENT PROJECT UPON BLOCK 408, LOTS 1 AND 16 WHEREAS, 359 Main Street Partners LLC (the “Entity”), is an urban renewal entity, formed and qualified to do business under the provisions of the Long Term Tax Exemption Law (N.J.S.A. 40A:20-1 et seq.); and 09/05/2023 9  WHEREAS, on June 28, 2016, pursuant to Resolution No. 257-16, the City of Hackensack (the “City”) directed the Planning Board to conduct a preliminary investigation to determine whether Block 408, Lots 1, 8, 9.01, 9.02, 11, 15 and 16 (the “Area of Investigation”) is an area in need of redevelopment for non- condemnation purposes according to the criteria set forth in N.J.S.A. 40A:12A-5; and WHEREAS, on September 7, 2016, the Planning Board held a properly noticed public hearing at which the planner presented the findings of his preliminary investigation report resulting in a determination to recommend that the Area of Investigation be designated as an area in need of redevelopment; and WHEREAS, on December 6, 2016, pursuant to Resolution No. 456-16, the City determined that Block 408, Lots 8, 9.01, 9.02 and 11 within the Area of Investigation is an area in need of redevelopment for non- condemnation purposes under the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. (the “Redevelopment Law”); and WHEREAS, on December 22, 2020, pursuant to Resolution No. 515-20, the City determined that Block 408, Lots 1, 15 and 16 within the Area of Investigation is an area in need of redevelopment for non- condemnation purposes under the Redevelopment Law; and WHEREAS, on October 26, 2021, pursuant to Ordinance No. 49-2021, the City adopted the 359-375 Main Street Redevelopment Plan (the “Redevelopment Plan”) covering Block 408, Lots 1 and 16 (the “Project Site” or “Property”); and WHEREAS, consistent with the Redevelopment Plan, the Entity intends to redevelop the Project Site into a five-story mixed-use building consisting of 110 residential rental units, 4,653 square feet of retail space, associated amenities, structured parking, site improvements, utility improvements, and construction of a stormwater management system (the “Project”); and WHEREAS, on January 12, 2022, the Planning Board adopted a resolution providing preliminary and final site plan approval (“Site Plan Approval”) for the redevelopment of the Project Site into the Project; and WHEREAS, on or about March 8, 2023, the Entity filed a long-term tax exemption application with the City (the “Application”); and WHEREAS, on August 14, 2023, the City adopted Resolution No. 296-23, designating the Entity as redeveloper of the Property, and authorizing the entry of the Redevelopment Agreement (the “Redevelopment Agreement”); and WHEREAS, the City makes the following findings: A. Relative Benefits of the Project: 1. the Project will provide a five-story mixed-use building consisting of 110 residential rental units, 4,653 square feet of retail space, associated amenities, structured parking, site improvements, utility improvements, and construction of a stormwater management system in the City at a site where the current real estate taxes generate revenue of $195,381.81, whereas, the Annual Service Charge is estimated to generate revenue to the City of $487,292 in the first stabilized year; and 2. the Project, costing approximately $45,500,000, will provide 150 temporary jobs and 12 permanent jobs and generally add to the economic vitality of the City; and 3. the Project should stabilize and contribute to the economic growth of existing local business and to the creation of new businesses, which cater to the new residents; and 4. the Project will further the redevelopment objectives of the Redevelopment Plan; and 09/05/2023 10  5. the Project’s fiscal impact analysis indicates that the benefits of the Project outweigh the costs to the City; and B. Assessment of the importance of the tax exemption in obtaining development of the Project and influencing the locational decisions of probable occupants: 1. the relative stability and predictability of the annual service charges will make the Project more attractive to investors and lenders needed to finance the Project; and 2. the relative stability and predictability of the service charges will allow the owner to stabilize its operating budget, allowing a high level of maintenance to the building over the life of the Project, which will ensure the likelihood of the success of the Project and ensure that it will have a positive impact on the surrounding area; and WHEREAS, the City and the Entity have reached agreement with respect to, among other things, the terms and conditions relating to the Annual Service Charges and desire to execute a Financial Agreement reflecting the same. NOW, THEREFORE, BE IT ORDAINED by the governing body of the City of Hackensack in the County of Bergen, State of New Jersey that: 1. The application of 359 Main Street Partners LLC, an urban renewal entity, formed and qualified to do business under the provisions of the Long Term Tax Exemption Law (N.J.S.A. 40A:20-1 et seq.), a copy of which shall be placed on file with the City Clerk, for Block 408, Lots 1 and 16 is hereby accepted and approved. 2. The Mayor and City Manager are hereby authorized and directed to execute a Financial Agreement substantially in the form attached hereto and made part hereof, for an exemption term of 15 years upon the Project’s substantial completion pursuant to the Annual Service Charges, plus an administrative fee equaling 2% of the prior year’s Annual Service Charge. 3. All ordinances, or parts of ordinances inconsistent herewith, are hereby repealed to the extent of such inconsistencies. 4. This Ordinance shall take effect immediately upon final passage and publication pursuant to law. Council Intr Secon Abstai Absen Recuse Member o d Yes No n t d Von Rudenborg X X Deputy Mayor Canestrino X Battaglia X X Carroll X Mayor X Labrosse CITY OF HACKENSACK RESOLUTION NO: 334-23 FINAL ADOPTION OF ORDINANCE NO. 37-2023, AN ORDINANCE TO AMEND CHAPTER 141 “SEWERS” OF THE CODE OF THE CITY OF HACKENSACK WITH RESPECT TO PROCEDURES ESTABLISHED IN CHAPTER 141, SECTION 11 FOR APPLYING FOR A CONNECTION PERMIT TO THE CITY’S SEWER SYSTEM This Ordinance has been published according to law and now calls for a Public Hearing. 09/05/2023 11  Motion offered by Councilman Battaglia and seconded by Councilwoman Von Rudenborg that there be a public hearing. PUBLIC HEARING - No one wished to speak. Motion offered by Councilman Battaglia and seconded by Councilwoman Von Rudenborg 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. 37-2023 has passed its second and final reading and is hereby adopted. CITY OF HACKENSACK ORDINANCE NO. 37-2023 AN ORDINANCE TO AMEND CHAPTER 141 “SEWERS” OF THE CODE OF THE CITY OF HACKENSACK WITH RESPECT TO PROCEDURES ESTABLISHED IN CHAPTER 141, SECTION 11 FOR APPLYING FOR A CONNECTION PERMIT TO THE CITY’S SEWER SYSTEM WHEREAS, Chapter 141, Section 11 of the Code of the City of Hackensack (“Code”) establishes procedures for making application to the City for a connection permit to the City’s sewer system; and, WHEREAS, upon recommendation of the City’s professionals, the Council wishes to amend the procedures for conducting the engineering reviews necessary to confirm that the City’s sewer system has the capacity to handle the flows necessary when applications for a connection permit are received. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HACKENSACK, as follows: Section 1: Chapter 141, Section 11 of the Code of the City of Hackensack (“Code”) is hereby amended as follows [additions by underline, deletions by strikethrough]: Article II Connections § 141-11 Regulations. A. The Engineering Department is hereby authorized to promulgate rules and regulations covering the manner and method of making sewer connections or of breaking into sewers. B. No sewer shall be broken into nor shall any sewer connection be made except in complete conformity with any regulations or conditions generally or specially imposed by the Engineering Department. C. No person shall discharge, directly or indirectly, stormwater, groundwater, rainwater, street drainage, roof downspouts, subsurface drainage, floor or yard drainage through any new, direct or indirect connection to the local sewer collection system, unless it has been determined through an engineering review that a reasonable alternate method of collection is not available. D. All applications for a connection permit shall indicate the anticipated gallonage to be transported through the local sewerage system. Any connection that is expected to generate more sewage than 350 gallons per day (equivalent to a single-family structure) can only be approved after an engineering determination that sufficient excess capacity is available in the local sewage collection system, including the downstream interceptor sewers, to accommodate the additional flows. E. The engineering reviews required in Subsections C and D above shall be performed by an engineer licensed in the State of New Jersey and reviewed for adequacy and completeness by the City Engineer. If requested by the applicant, the engineering reviews required in Subsections C and D above review can be performed by the City Engineer. In such instance, 09/05/2023 12  the City Engineer may appoint a professional engineering firm contracted by the City to perform the reviews under his or her oversight. All costs incurred by the City in the review of an engineering report or in the preparation of the engineering study shall be the responsibility of the applicant and paid in full by the applicant prior to the issuance of the connection permit, if a permit is so approved regardless of whether or not the connection permit is ultimately approved. The City Engineer is authorized to determine the amount of the deposit required for the engineering review or engineering study, which shall reasonably estimate the cost of performing the review or study, and to require the deposit of additional funds if the cost thereafter exceeds the deposit received. Any excess funds deposited shall be returned to the applicant within sixty (60) days upon approval or denial of the connection permit, or if the applicant withdraws the application. No connection permit shall be issued to an applicant who has not paid the full cost of an engineering review or study commissioned pursuant to this Section and the City further reserves the right to recoup any unpaid balance for services rendered pursuant to this Section using any lawful means. F. No sewer connection permit shall be issued unless the engineering review indicates that the local sewage collection system is capable of transporting the total flow of existing sewage and the proposed additional sewage that is the subject of the requested connection permit. Section 2: All other provisions of Chapter 141 of the Code 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 X Deputy Mayor Canestrino X Battaglia X X Carroll X Mayor X Labrosse CITY OF HACKENSACK 09/05/2023 13  RESOLUTION NO. 335-23 RESOLUTION AUTHORIZING TAX REFUNDS FOR COUNTY BOARD JUDGMENTS AND DUPLICATE PAYMENTS 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 PROP LOC $307,166.00 30.02 16 Johnson Development 2023 Subdivision Refund Assoc Inc for 320 So River St JSF River St Ex LLC SC 100 Dunbar St Ste 400 Spartanburg, SC 29306 $2,273.63 211 22 Esstate Realty, LTD 2023 Duplicate Payment 166 Second Ave, 2D 9 State St New York, NY 10003 $2,056.74 237 1.01 C008A Corelogic Tax Service 2023 Over- Payment For Fountas, Zacharias 90 Prospect Ave Unit 5C 3001 Hackberry Rd Irving, TX 75063 $1,803.13 237 2.B C006C Rich, A. Julie 2023 Duplicate Payment 301 Beech St #6C 301 Beech St Unit 6C Hackensack, NJ 07601 $80.63 237 2.B CG117 Rich, A. Julie 2023 Duplicate Payment 301 Beech St #6C 301 Beech St Unit 6C Hackensack, NJ 07601 $1,873.83 238 5 C005E Evans, Ermine Dawn 2023 Duplicate Payment 150 Overlook Ave #5E 150 Overlook Ave #5E Hackensack, NJ 07601 $1,625.61 321 1 C001B Singh, Manindra 2023 Duplicate Payment 300 Park St Unit 1B 300 Park St Unit 1B Hackensack, NJ 07601 $7,310.02 432 20.02 Dhunna, Karmjit S & Singh S 2023 County Board Judgment 205 Passaic St 205 Passaic St Hackensack, NJ 07601 $1,884.29 442 11 C002M Madrid, Paula & Sulikowski N 2023 Duplicate Payment 305 Riverside Dr Apt 12B 290Anderson St Unit 2M New York, NY 10025 $4,577.25 502 10 Nicoletti, Linda 2023 Duplicate Payment 295 Bergen Tpke 12-14 Van Orden Pl Building AA Ridgefield Park, NJ 07660 $3,592.96 600 3.01 Shehata, Samea & Abreu Oscar 2023 Duplicate Payment 163 Lincoln St 163 Lincoln St Hackensack, NJ 0701 $5,249.20 Multiple Block & Lots Corelogic Tax Service 2023 Duplicate Payments Attn: Refunds Department See Worksheet 3001 Hackberry Rd Irving, TX 75063 09/05/2023 14  Council Intr Secon Abstai Recuse Member o d Yes No n Absent d Von Rudenborg X X Deputy Mayor Canestrino X Battaglia X X Carroll X Mayor X Labrosse CITY OF HACKENSACK RESOLUTION NO: 336-23 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HACKENSACK AUTHORIZING THE SETTLEMENT OF THE WORKERS’ COMPENSATION MATTER FILED BY SETH BROWN, PENDING IN THE NEW JERSEY DIVISION OF WORKER’S COMPENSATION, CASE NO. 2022-6619 WHEREAS, the City of Hackensack (“City”) is the Respondent in a worker’s compensation matter (Case No. 2022-6619), filed by Petitioner Seth Brown; 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, 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. 2022-6619 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. 09/05/2023 15  Council Intr Secon Abstai Absen Recuse Member o d Yes No n t d Von Rudenborg X X Deputy Mayor Canestrino X Battaglia X X Carroll X Mayor X Labrosse CITY OF HACKENSACK RESOLUTION NO. 337-23 RESOLUTION AWARDING BID CONTRACT FOR POLIFLY PARK DRAINAGE IMPROVEMENT PROJECT WHEREAS, the City of Hackensack has undertaken an effort to alleviate flooding in various sections of the City, including flooding which regularly occurs at Polifly Park located on Polifly Road in Hackensack, and seeks qualified contractors; and WHEREAS, the City solicited bid proposals for the Polifly Park Drainage Improvement Project; and WHEREAS, the City opened bid proposals on July 27, 2023 and a total of twelve (12) bids were received and opened; and WHEREAS, the Mayor and Council of the City of Hackensack now wish to award this contract to the lowest responsible, responsive bidder. NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack, County of Bergen, as follows: 1. JAG Paving Corp. of 771 Kearny Ave., Kearny, NJ 07032 is hereby awarded a contract in the amount not to exceed $337,410 for the Polifly Park Drainage Improvement 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 of $102,348.91 in budget account C-04-19-038-000-200 and $235,061.09 in budget account C-04-20-042-000-200 exists to fund the purchases authorized in this resolution as an express and mandatory condition of the award of this contract: 3. The City Clerk and Mayor are hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The City Attorney shall review all contractual documents prepared in furtherance of this award. Council Intr Secon Abstai Absen Recuse Member o d Yes No n t d Von Rudenborg X X Deputy Mayor Canestrino X Battaglia X X Carroll X 09/05/2023 16  Mayor X Labrosse CITY OF HACKENSACK RESOLUTION NO. 338-23 RESOLUTION AUTHORIZING CHANGE ORDER #1 TO SUBURBAN CONSULTING ENGINEERS FOR JOHNSON PARK SPORTS FACILITY EARTHWORK PREPARATION PHASE WHEREAS, the City of Hackensack has committed to a comprehensive renovation of Johnson Park, including the construction of a sports facility, and requires engineering services for the Earthwork Preparation phase of the project, including construction administration, production of construction documents, environmental permitting, and assistance with all phases of the public bidding process; and WHEREAS, the City awarded a contract to Suburban Consulting Engineers in an amount not to exceed $103,800 on April 25, 2023 as per Resolution #174-23; and WHEREAS, it has now been determined that the six weeks for completion, included in the original proposal, is inadequate. Eight weeks will now be required for completion as more trucks are required for processing, necessitating a Change Order to the original contract. NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack, County of Bergen, as follows: 1. Suburban Consulting Engineers of 96 U.S. Highway 206, Flanders, NJ 07836 is hereby awarded Change Order #1 in the amount not to exceed $24,900, bringing the total contract award to the amount not to exceed $128,700 for the engineering services related to the Johnson Park Sports Facility Earthwork Preparation Phase, in accordance with the proposal attached 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 budget account to be charged is C-04-21-025-000-100. 4. 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 furtherance of this award. Council Intr Secon Abstai Absen Recuse Member o d Yes No n t d Von Rudenborg X X Deputy Mayor Canestrino X Battaglia X X Carroll X Mayor X Labrosse CITY OF HACKENSACK RESOLUTION NO. 339-23 RESOLUTION AUTHORIING CHANGE ORDER #1 TO SUBURBAN ENGINEERING FOR ENGINEERING SERVICES – JOHNSON PARK BID AND CONSTRUCTION PHASE SERVICES 09/05/2023 17  WHEREAS, the City of Hackensack has committed to a comprehensive renovation of Johnson Park, including the construction of a sports facility, and requires engineering services for the bid and construction phase services related to said project; and WHEREAS, the City awarded a contract to Suburban Engineering Services in the amount not to exceed $298,750 on July 10, 2023 as per Resolution # 284-23; and WHEREAS, it has now been determined that additional engineering services are required to investigate the feasibility of installing a looped water system to enhance fire-fighting capacity at the site, which was not contemplated at the time of the contract award, necessitating a Change Order; and WHEREAS, the City Manager now recommends the awarding of Change Order #1 in the amount not to exceed $8,750 for these additional engineering services. NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack, County of Bergen, as follows: 1. Suburban Consulting Engineers of 96 U.S. Highway 206, Flanders, NJ 07836 is hereby awarded Change Order #1 in the amount not to exceed $8,750, bringing the total contract award to 307,500 for the engineering services related to bid and construction management services related to the Johnson Park Sports Facility Project, in accordance with the proposal attached 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 budget account to be charged is C-04-21-025-000-100. 4. 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 furtherance of this award. Council Intr Secon Abstai Absen Recuse Member o d Yes No n t d Von Rudenborg X X Deputy Mayor Canestrino X Battaglia X X Carroll X Mayor X Labrosse CITY OF HACKENSACK RESOLUTION NO. 340-23 RESOLUTION AWARDING CONTRACT TO NEGLIA ENGINEERING FOR COUNTY ROAD ADA RAMP IMPROVEMENT PROJECT - ENGINEERING DESIGN SERVICES WHEREAS, the City of Hackensack is party to an Inter-Local Service Agreement with the County of Bergen to contribute toward the cost of installing Americans with Disabilities Act (ADA) compliant ramps on County roads located within the City of Hackensack; and WHEREAS, the County of Bergen has undertaken a project to improve River Street in Hackensack, from Kansas St. to University Plaza by installing ADA- compliant ramps at intersections and requires engineering design services; and 09/05/2023 18  WHEREAS, the City solicited Requests for Proposals regarding engineering services for said project; and WHEREAS, it was determined that the proposal received from Neglia Engineering is the most advantageous to the City based on cost, expertise in this field and specific prior knowledge of this project. NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack, County of Bergen, as follows: 1. Neglia Engineering Associates of 34 Park Ave., Lyndhurst, NJ 07071 is hereby awarded a contract in an amount not to exceed $35,400 for the engineering design services required for the River St. County ADA-Compliant Ramp Improvement Project, in accordance with the proposal attached 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 budget account to be charged is 3-01-20-165-165-214. 4. 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 furtherance of this award. Council Intr Secon Abstai Absen Recuse Member o d Yes No n t d Von Rudenborg X X Deputy Mayor Canestrino X Battaglia X X Carroll X Mayor X Labrosse CITY OF HACKENSACK RESOLUTION NO. 341-23 RESOLUTION AWARDING CONTRACT TO NEGLIA ENGINEERING FOR COUNTY ROAD ADA RAMP PROJECT ENGINEERING CONSTRUCTION MANAGEMENT SERVICES WHEREAS, the City of Hackensack is party to an Inter-Local Service Agreement with the County of Bergen to contribute toward the cost of installing Americans with Disabilities Act (ADA) compliant ramps on County roads located within the City of Hackensack; and WHEREAS, the County of Bergen has undertaken a project to improve River Street in Hackensack, from Kansas St. to University Plaza by installing ADA- compliant ramps at intersections, and requires engineering construction management services; and WHEREAS, the City solicited Requests for Proposals regarding engineering services for said project; and WHEREAS, it was determined that the proposal received from Neglia Engineering is the most advantageous to the City based on cost, expertise in this field and specific prior knowledge of this project. NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack, County of Bergen, as follows: 1. Neglia Engineering Associates of 34 Park Ave., Lyndhurst, NJ 07071 is hereby awarded a contract in an amount not to exceed $38,900 for the 09/05/2023 19  engineering construction management services required for the River St. County ADA-Compliant Ramp Improvement Project, in accordance with the proposal attached 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 budget account to be charged is 3-01-20-165-165-214. 4. 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 furtherance of this award. Council Intr Secon Abstai Absen Recuse Member o d Yes No n t d Von Rudenborg X X Deputy Mayor Canestrino X Battaglia X X Carroll X Mayor X Labrosse CITY OF HACKENSACK RESOLUTION NO. 342-22 RESOLUTION AUTHORIZING THE AWARD OF STATE CONTRACT FOR POLICE BODY WORN CAMERA STORAGE, RETENTION AND LICENSING DATA WHEREAS, the City of Hackensack Police Department utilizes body-worn cameras in the performance of their duties and the data collected by said cameras needs to managed properly by a qualified contractor; and WHEREAS, the City of Hackensack wishes to secure these services through an authorized New Jersey Pricing Co-Operative, pursuant to N.J.S.A. 52:34-6.2(3): and WHEREAS, the purchase of goods and services by local contracting units is authorized by the Local Public Contracts Law, N.J.S.A. 40A:11-12; and WHEREAS, the City of Hackensack wishes to utilize State Contract #T0106 Law Enforcement Firearms, Equipment and Supplies for the storing, retention, archiving, and licensing of data collected by Police body worn cameras; and WHEREAS, Axon Enterprise, Inc. of 17800 N. 85th St., Scottsdale, AZ 85255 is an authorized vendor under the New Jersey State Pricing Co-Operative; and WHEREAS, the Qualified Purchasing Agent recommends the utilization of this contract on the grounds that it represents the best available price; and WHEREAS, the actual price of these body worn camera data retention services is expected not to exceed $151,702.99. NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council of the City of Hackensack, County of Bergen, as follows: 09/05/2023 20  1. Axon Enterprise, Inc. of 17800 N. 85th St., Scottsdale, AZ 85255 is hereby awarded a contract in the amount not to exceed $151,702.99 for the storing, retention, archiving, and licensing of data collected by Police body worn cameras, in accordance with the proposal attached thereof. 2. A Certification of Funds has been prepared by the Chief Financial Officer for the said contract assuring that a sufficient appropriation of $87,000 in budget account 3-0125-240-240-223 and $64,702.99 in budget account T-03-56-850-836-801 exists 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. 4. Cou ncil Abse Me nt mbe Intr Seco N Absta Recus r o nd Yes o in ed Von Rudenborg X X* Deputy Mayor Canestrino X Battaglia X X Carroll X* Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 343-23 RESOLUTION AUTHORIZING PAYMENT OF BILLS Motion to remove reimbursement for Kris Wheaton from Bill’s List totaling $1,454.83 offered by Councilman Battaglia and seconded by Councilwoman Von Rudenborg. 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 $ 918,184.77 Grants 84,235.35 Payroll 1,800,485.83 Public Parking System 3,050.10 Capital 1,467,182.66 Escrow 21,411.44 Trust Account 72,717.31 Total Expenditures 4,367,267.46 Interfunds/Transfers $ 7,737,824.92 *Councilwoman Von Rudenborg recused herself from only her Recreation refund *Councilman Carroll rescued himself from reimbursement to himself for property damage Council Intr Secon Abstai Absen Recuse Member o d Yes No n t d Von Rudenborg X X Deputy X 09/05/2023 21  Mayor Canestrino Battaglia X X Carroll X Mayor X Labrosse CITY OF HACKENSACK RESOLUTION NO: 344-23 RESOLUTION AUTHORIZING LEAVE OF ABSENSE FOR GLENN ZABRANSKY, CODE ENFORCEMENT OFFICER IN THE BUILDING DEPARTMENT FROM AUGUST 21, 2023 TO OCTOBER 5, 2023 WHEREAS, Glenn M. Zabransky, Code Enforcement Officer in the Building, Housing and Land Use Department, has requested a Leave of Absence without pay for seven weeks for bonding with his newborn child under the Federal Family Leave Act, and WHEREAS, City Manager Vincent J. Caruso has determined that this employee be granted a Leave of Absence for seven weeks, commencing Monday, August 21, 2023 and terminating Thursday, October 05, 2023. NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Hackensack, that Glenn M. Zabransky, Code Enforcement Officer, be granted a Leave of Absence for six weeks, without pay, as requested. BE IT FURTHER RESOLVED that a certified copy of this Resolution is forwarded to the employee’s pension system by the Chief Financial Officer. Council Intr Secon Abstai Absen Recuse Member o d Yes No n t d Von Rudenborg X X Deputy Mayor Canestrino X Battaglia X X Carroll X Mayor X Labrosse CITY OF HACKENSACK RESOLUTION NO. 345-23 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 #2258 Hackensack H.S. PTSA Council Intr Secon Abstai Absen Recuse Member o d Yes No n t d Von Rudenborg X X Deputy Mayor Canestrino X Battaglia X X Carroll X Mayor X Labrosse CITY OF HACKENSACK 09/05/2023 22  RESOLUTION NO. 346-23 RESOLUTION AUTHORIZING CLASS I SPECIAL LAW ENFORCEMENT OFFICERS TO ATTEND BERGEN COUNTY INSTITUTE OF LAW AND PUBLIC SAFETY FOR TRAINING (H-COPS) BE IT RESOLVED, by the Mayor and Council of the City of Hackensack, New Jersey, that following are hereby appointed as Class 1B Special Law Enforcement Officers to attend the Bergen County Police Academy in accordance with N.J.S.A. 40:146.10. 1. Ronald Polson Council Intr Secon Abstai Absen Recuse Member o d Yes No n t d Von Rudenborg X X Deputy Mayor Canestrino X Battaglia X X Carroll X Mayor X Labrosse CITY OF HACKENSACK RESOLUTION NO: 347-23 RESOLUTION AUTHORIZING RENEWAL OF LIQUOR LICENSES FOR THE 2023-2024 LICENSE TERM BE IT RESOLVED, by the City Council of the City of Hackensack that the below listed liquor licenses be issued in the City of Hackensack by the City Clerk, effective July 1, 2023 through June 30, 2024 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. BE IT FURTHER RESOLVED, that the City Clerk’s Office received special rulings from the New Jersey Director of the Division of Alcoholic Beverage Control (A.B.C.) pursuant to N.J.S.A. 33:1-12.39 authorizing any applicable pocketed licenses below to be renewed for the 2023-2024 license term. 0223-44-066-006 KAKU LLC $1,350.00 *POCKET LICENSE* Council Intr Secon Abstai Absen Recuse Member o d Yes No n t d Von Rudenborg X X Deputy Mayor Canestrino X Battaglia X X Carroll X Mayor X Labrosse CITY OF HACKENSACK RESOLUTION NO. 348-23 RESOLUTION AUTHORIZING AMBULANCE REIMBURSEMENT BE IT RESOLVED, by the Mayor and Council of the City of Hackensack, that the proper officers be and are hereby authorized to make the following reimbursements for ambulance services: 09/05/2023 23  $498.49 S.C.071923 July 19, 2023 Council Intr Secon Abstai Absen Recuse Member o d Yes No n t d Von Rudenborg X X Deputy Mayor Canestrino X Battaglia X X Carroll X Mayor X Labrosse CITY OF HACKENSACK RESOLUTION NO. 349-23 RESOLUTION AUTHORIZING RELEASE OF PERFORMANCE BOND AND SAFETY/STABILIZATION BOND – 41 ROUTE 4 CHIC-FIL-A WHEREAS, a request has been received for the release of the Performance Bond and Safety / Stabilization Bond for the project known as 41 Route 4 Chic- Fil-A; and WHEREAS, as per the City Engineer, this property is required to post a Maintenance Bond as a condition for the release of the Performance Bond and Safety / Stabilization Bond; and WHEREAS, the property has posted said Maintenance Bond; and WHEREAS, the City is in receipt of a certification as to the completeness of the project from the Building / Land Use Department. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hackensack, County of Bergen that the Chief Financial Officer is hereby directed to release the bonds to Chic Fil-A of 5200 Buffington Rd., Atlanta, GA 30349. Council Intr Secon Abstai Absen Recuse Member o d Yes No n t d Von Rudenborg X X Deputy Mayor Canestrino X Battaglia X X Carroll X Mayor X Labrosse CITY OF HACKENSACK RESOLUTION NO. 350-23 RESOLUTION AUTHORIZING RELEASE OF ESCROW FUNDS – 56 BYRNE STREET WHEREAS, a request has been received for the release of any remaining escrow funds for the project known as 56 Byrne Street; and WHEREAS, the Chief Financial Officer has determined that the balance of escrow funds remaining for this project is $1,400.00; and WHEREAS, the City is in receipt of a certification as to the completeness of the project from the Building / Land Use Department. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hackensack, County of Bergen that the Chief Financial Officer is hereby directed to release the remaining escrow funds in the amount of $1,400.00 to Rolando Marte of 56 Byrne St., Hackensack, NJ 07601. 09/05/2023 24 Public Comment A motion to open the meeting to the public was offered by Councilman Battaglia and seconded by Councilwoman Von Rudenborg. Bill Wasley, 464 Kaplan – I just want to comment on the quieter Hackensack initiative. You are not reducing noise, just transferring it. Some of us are the losers unless I want to hear something rumbling over my house. There are losers to this. Every day I get a Nixle for two years and seeing how you are spending my tax dollars and negatively impacting my quality of life. People in Hackensack have been negatively affected. Deputy Mayor Canestrino responded – The alternate flight path will fly over Route 17. Mr. Wasley responded - At night it is being used. I can assure you of that. I haven’t registered complaints but 1:30 and 2 A.M., why are they even coming in? I can’t keep my windows open at night anymore. I live on Kaplan so I am used to sirens and ambulances but when the plane comes in you can feel it. I am a definitely a loser. I am sitting listening to a podcast at night and have to pause it for a few minutes. Deputy Mayor Canestrino responded – Please log the complaints so I can do research for you. Mr. Wasley responded - They follow Route 17 and pull off of it. When I looked at the map when you proposed it, it is going over my house. Jessica Diaz, 134 Ricardo Place – I have had an issue for many years now. I actually went and got the police dispatch log through OPRA. My neighbor is tormenting me and have proof. My neighbor is neighbor stalking me and other neighbors on Ricardo Place. I have reported it and called the police department. It has been going on since 2019 and when the police come, they tell me they know who is calling. The neighbor put up more cameras, one camera is directed at my kids when they play. I have a 14- and 11-year-old and they are terrified. We share a yard with the other neighbor and they have the same issue. We are taking her to municipal court because we can’t deal anymore. She called child services on us saying we are neglecting the children and selling drugs. At that point I knew that I had to do something. They said I didn’t do the whole thing, that I need to file a report. I was never told that by an officer since 2019. I am from NY and never encountered this. The first moment she was in my home while we were unpacking and she walked through the house. At the moment, I didn’t know what hell I was going to live. I spoke with the police and I have over two years and I can’t celebrate any holiday or birthday because she calls the police so they come. On June 12 at night, no lights on and everyone asleep in the house the police were ringing my doorbell. All cameras are facing my yard and the police can do nothing about it. I called the Manager’s Office and spoke to Jan. I have to take anxiety medication. City Attorney responded – There are limited things the Governing Body or Manager can do if it is proceeding in municipal court. We can look into it but it may be limited. You might need to talk to legal services and get guidance from the municipal prosecutor. Dawn Brooks, 135 Ricardo – I am also being harassed by the neighbor and have had the cops called on me too. I can verify what Jessica is saying. I can’t even have a family occasion. Victor Geddis – I am here to follow up on a matter that me and you have gone back and forth for years about the PILOT programs. On many occasions I came in front of the Council and asked about the programs and you stated that we only gave 09/05/2023 25 four or five whatever to the developers to entice them. I am looking at a news report and you gave six 30 year, and one 25 year, so what you were saying all these years to me is not true. You lied. Bridgette Rucker – This is like an old conversation that keeps going on. I stand here about me calling the Council racist. I was told by the Manager he will not allow me to continue attacking the Council and his employees. What I will say to you and anyone else, you don’t get to tell me about speaking the truth unless you are showing me different. There have been many incidents that have occurred here with this Council that show the Africa American community its continuous racism. One, How many times has this Council been told about the treatment of African American employees only to use the excuse that they don’t know who that is, they don’t call me, I don’t talk to them, if they walked into the room I wouldn’t know who they are, those are the excuses. The second is the excuse of having your friend sit in the audience and cause a ruckus and end a City Council meeting early because you don’t know how to communicate or deal with the African Americans in the room. So, I need to remind John in 2018 when he apologized to the African American community because of a statement he made, but this is the racist at best. You have a Councilperson who knows she is not brave enough utilize racist remarks about the African American community but when they get a little libation in their system, that is when the truth comes out. Twice I have been called on the phone and twice she has said this: These n******* don’t run the City, we do. Once it was utilized at a dinner with a Board of Ed member and his wife, and the other was at the Hackensack Brewery. Why is it that you think I call this City Council racist? Isn’t that correct Stephanie? Aren’t you the one who used these words, you would never be brave enough to say that to anybody and please don’t smile because they call and text me and I have it on my phone. The wife didn’t like it but you said it anyway. If you get a little libation in your system and you are feeling brave enough, try doing that in the community. I don’t think that would work too well for you. I am telling you and the City Council, this is why I call them racist because your councilperson that you protect is racist. Thank you. Rich Cerbo – You opened the door with this petition for the fight path. Why can’t we put out a petition for Spring Valley Avenue? The speed and traffic on that road is ridiculous. Spend a day there. Why not address that? We had someone say the flight path went past his window. It is too much on Spring Valley Avenue. The busses and trucks can use Route 4 East entrance to get on Route 4 and they can come down into Hackensack that way, they can come on River Street that way. I guess I have to do legwork and get a petition signed because I don’t think anyone realizes how bad it is on Spring Valley especially from 7 to 10 in the morning and 4 to 7 at night. City Manager responded – We did a traffic study and the purpose was to install speed tables on Spring Valley and the report came back that too many vehicles travel the road. Over 6,000 per day. There was no evidence of large number of speeders as the average speed was 35 mph. Deputy Mayor Canestrino responded - What about weight? City Manager responded - We would have to get a detail set up there. Deputy Mayor Canestrino responded - Maybe we should take time and look at heavy truck usage. I don’t think there is anything we can do about the busses. No one else wished to speak. A motion to close the meeting to the public was offered by Councilman Battaglia and seconded by Councilwoman Von Rudenborg. Council Comment 09/05/2023 26 Councilwoman Von Rudenborg – I want to make a few comments. Thanks to Greg Liosi, DPW, Recreation for all the work at all the events during the summer with the concerts, movies etc. I know a lot of work went into it. The City hosted its 22 nd annual youth academy in August, thank you to Police and Fire who ran the program. It was a huge success. The cadets were super happy and engaged. We appreciate the work that went into that camp. Tomorrow school begins for students so be vigilant when driving and aware that there will be children to and from school. I have had conversations with my kids to be aware of your surroundings. I think that is important. I want to address Ms. Rucker’s comments. That word is not used in my house ever. The fact that was even said is terrible. I don’t engage with nonsense remarks but I feel I have had to. I have had situations where my own kids have heard that word at school and we have had conversations on how that word is not used. They don’t understand why other kids can use it in school and I always said we don’t use it and not in this house. I am sorry about that information you had is inaccurate. It is terrible that someone would say that about me. You want to come to my house and see how I raise my children and what goes on, then come on in and have conversations with my family because that is terrible to accuse me of that. It is not true. Thank you. Councilman Battaglia – The only thing I try to do is improve the City improve sports facilities, paving in the street. Main Streeet looks better. We got some new restaurants. We sent letters to the companies that do the utilities and hopefully they can do something about the cables that are really low in the next few eeks. The only thing I try to do is improve the City. That is what I continue to do. Thank you and goodnight. Councilman Carroll – I am pleased that we will be breaking ground at Carver Park and getting the boards up by spring. It is great to hear about all the sports venue that we are upgrading. I am pleased at the fact that we had a wonderful senior luncheon with over 75 seniors. It was a Hawaiian theme and was very enjoyable with a lot of singing and dancing. It was done very well by the Recreation Department. Thank you for coming and God bless. Deputy Mayor Canestrino – I am sorry to hear about the harassment and uncomfortableness that folks are feeling. I am sorry for any information that you were given that didn’t allow you to follow the process and get you the results. I am confident that the City Manager will help you follow those steps and come to a resolution of the problem. Rich, we do try to help with Spring Valley. I know these things can be disappointing but I am hoping maybe we try something new and see where we can go. Some things tonight during the COW, the Engineer spoke about the huge steps we have taken forward going through the Clay Street area, the sewer separation work, phase 3 is almost complete and we are under the railroad which is huge. It was a daunting task. We are just holding on waiting for the water company to lay pipe in. We already made progress on phase 4 on Anderson Street. We had fairly good weather and have made good progress this summer. The other main project in the Green Street area is the CCTV and the first step is saying what is underground so we can address those problems. We have made progress there and have documented the issues to come up with a plan. Kudos to the work we have seen happen. Even the parks, it seems that we have made progress as well. I rely on fellow councilmembers to keep us updated on the parks. Carver Park is moving, Johnson Park is moving, Staib Park we are almost there. It may have been a long haul but we have made good progress. As we continue with parks tonight on the agenda was Polifly Ave Park which had drainage issues there so tonight some money was awarded to finally come to a resolution for that. There issues with old pipes and improper drainage. I hope we move forward there. Also, Johnson Park we are making progress. It looks like we are seeing things come together over there. Some redevelopment on tonight, Lot D parking lot behind Musically Yours, behind that is the city lot where we are working with a developer for a garage so public parking would increase significantly from 130 to 220 parking spots. We know we need more parking so this is a good initiative. The other one was the redevelopment of the corner of Main and Passaic across from the Y where 09/05/2023 27 the credit union was and is no longer occupied. There is 110 units going there. Pros and cons to what we are hearing. I am sorry that people are impacted by the alternate flight path. I will collect some data and find out what is going on. The volume is unbelievable so we are dispersing that and distributing that. It is unfortunate but it is life and when you have aircraft over your apartment or hospital or house every minute, its conditions that we can’t tolerate. Great to hear about the senior luncheon. We had a great summer with the concerts at the Green. We had huge crowds. I think Atlantic Street Park was great with Shakespeare. We had 140 something people at those events which was the most we have ever seen. Kudos to all. People were really out and enjoying and seeing the downtown come together. It is something as the City and as people who live here to be proud of. Thank you and hope you have a good night. There being no further business the meeting was adjourned at 8:50 PM. Approved by Mayor and Council on September 19, 2023. ABSENT _____________________________________ Mayor John P. Labrosse, Jr. ____________________________________ Deputy Mayor Kathleen Canestrino _____________________________________ Councilman Leonardo Battaglia ___________________________________ Councilwoman Stephanie Von Rudenborg ______________________________________ Councilman Gerard Carroll ____________________________________ City Clerk Deborah Karlsson, RMC 09/05/2023 28