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 19, 2023 at 8:05 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 – Swearing in of Police Dept. Lieutenants John Knapp & Matthew Swetits Knock Out Opioid Abuse Day Hunger Action Month Approval of Minutes – A motion to approve the Executive, C.O.W., and Regular Meeting Minutes from September 5, 2023 was offered by Deputy Mayor Canestrino, seconded by Councilman Battaglia and approved by Deputy Mayor Canestrino, Councilwoman Von Rudenborg, Councilman Battaglia, and Councilman Carroll. Mayor Labrosse abstained as he was absent. City Manager’s Report Please remember to sign the petition to reduce air traffic noise from Teterboro Airport. It can be found on our social media and through Nixle alerts. Every signature counts. Recreation’s fall sunset yoga is back. Please refer to the website for details. Also check for details on open gym which is back for the children and upcoming fall programs for all to enjoy. 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. 351-23 INTRODUCTION OF ORDINANCE NO. 38-2023, AN ORDINANCE TO AMEND CHAPTER 127 OF THE CODE OF THE CITY OF HACKENSACK, “PRIVATE PROPERTY, PARKING ON” WITH RESPECT TO REQUIREMENTS AND PROCEDURES FOR THE TOWING OF UNAUTHORIZED VEHICLES FROM PRIVATE PROPERTY 09/19/2023 1  BE IT RESOLVED that the above ordinance, being Ordinance 38-2023 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 October 3, 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. 38-2023 AN ORDINANCE TO AMEND CHAPTER 127 OF THE CODE OF THE CITY OF HACKENSACK, “PRIVATE PROPERTY, PARKING ON” WITH RESPECT TO REQUIREMENTS AND PROCEDURES FOR THE TOWING OF UNAUTHORIZED VEHICLES FROM PRIVATE PROPERTY WHEREAS, N.J.S.A. 40:48-2.49 provides that a municipality may regulate, by ordinance, the removal of motor vehicles from private or public property by operators engaged in such practice, including notice requirements prior to the initiation of a tow; and, WHEREAS, Chapter 127 of the Code of the City of Hackensack (“Code”) establishes regulations relating to parking on private property, which in pertinent part have not been updated since 1952 and as such have not kept pace with regulatory developments on the state level; and, WHEREAS, Chapter 159 of the Code, “Towers and Wreckers,” governs the requirements for the City’s official towers but is inapplicable to private towing services; and, WHEREAS, a question has arisen regarding the procedures to be followed regarding the removal of unauthorized vehicles from private property, and upon recommendation of the City’s professionals, the Council wishes to amend Chapter 127 of the Code in order to address this concern. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HACKENSACK, as follows: Section 1: Chapter 127 of the Code of the City of Hackensack (“Code”) is hereby amended as follows [additions by underline, deletions by strikethrough]: § 127-1 Parking on posted private property prohibited. It shall be unlawful for any person to park or leave standing any vehicle on lands of another, whether publicly or privately owned, in the City of Hackensack, after notice has been posted as hereinafter provided by the owner, occupant, lessee or licensee prohibiting such parking. Nothing herein contained shall apply to any lands lying within the bounds of any public street or highway. § 127-2 Posting of signs. Suitable signs not less than 18 inches by 24 inches bearing the words "No Parking," together with any qualifications or restrictions on such parking, if any, and conspicuously displayed, shall be posted on said lands by the owner, occupant, lessee or licensee, thereof where this chapter is effective. Defacing, tampering with or damaging such signs when posted shall constitute a violation of this chapter. § 127-3 Requirements for removal of unauthorized vehicles from private property. If any person shall park or leave unattended a vehicle on private property without the consent of the owner or other person in control or possession of the property or for a period in excess of that for which consent was given, in violation of N.J.S.A. 39:4-56.6 and/or § 127-1, the owner or other person in control or possession of the property may authorize the Hackensack Police Department to enter onto 09/19/2023 2 said property for the purpose of issuing a summons for such violation pursuant to N.J.S.A. 39:4-56.7 and/or § 127-1. The owner or other person in control or possession of the property may also cause the vehicle to be removed from the property whether or not a summons is issued pursuant to N.J.S.A. 39:4- 56.6 and/or § 127-1 using a private towing service. In such instance, the owner or other person in control or possession of the property shall strictly follow the procedures established in the Predatory Towing Act, N.J.S.A. 56:13-13, and prior to initiating the removal, shall contact the Hackensack Police Department via its non-emergency telephone line (201) 646-7777 to advise of the reason of the towing, the make and license plate number of the vehicle along with the Vehicle Identification Number if it can be determined from a visual inspection, the name and address of the vehicle owner if known, and the name and address of the tower and the address or location to where the vehicle will be towed and stored. This information shall be provided personally by the owner or other person in control or possession of the property, and not by the tower. The Hackensack Police Department for a legitimate law enforcement reason may direct that the vehicle not be removed until the law enforcement concern can be addressed. In the event of emergency or disablement of the vehicle, the owner or operator thereof shall first be given a reasonable opportunity to effectuate the expeditious removal of the vehicle before it may be towed. § 127-3 § 127-4 Restricted parking for the handicapped. A. Definitions. As used in this chapter, the following terms shall have the following meanings: PHYSICAL HANDICAP A physical impairment which confines a person to a wheelchair, causes a person to walk with difficulty or insecurity, affects the sight or hearing to the extent that a person functioning in public areas is insecure or exposed to danger, causes faulty coordination or reduces mobility, flexibility, coordination and perception to the extent that facilities are needed to provide for the safety of that person. B. Powers. From and after the effective date of this chapter, any person, partnership, association or corporation owning, leasing or occupying property as hereinafter provided, may establish restricted parking spaces for physically handicapped persons. Nothing herein contained shall apply to any lands lying within the bounds of any public street or highway. C. Parking in areas designated for the handicapped prohibited. No person shall park a vehicle on privately owned property in areas designated and marked as being set aside for the physically handicapped unless said vehicle shall have affixed thereto appropriate identification issued by the Division of Motor Vehicles pursuant to N.J.S.A. 39:4-205. Parking in a designated area without the aforesaid vehicle identification shall create a rebuttable presumption that use of the space was not for the physically handicapped. D. Construction, location and notice. Each space or group of spaces shall be identified with a clearly visible sign not less than 18 inches by 24 inches displaying the International Symbol of Access along with the following words: "This space reserved for the physically handicapped only." Guidelines for the location and construction of areas so restricted shall, wherever practicable, incorporate the standards set forth in Chapter 170 of the Code of the City of Hackensack entitled "Vehicles and Traffic" at § 170-49.2, entitled "Parking for the handicapped." E. Vehicles illegally parked; complaint; towing. any vehicle not displaying the proper identification or which is otherwise illegally parked in an area designated for the physically handicapped only shall, upon request and a signed complaint by the owner, lessee or occupant of the property, be issued a summons. The person illegally parked may be towed upon request and a signed complaint of the owner, lessee or occupant of the property. Towing of a vehicle on private property shall be the sole responsibility of the owner, lessee or occupant. Whenever a vehicle is towed from private property, the Hackensack Police Department shall be notified as to the reason of the towing, the year, make and license plate number of the vehicle along with the Vehicle Identification Number if it can be determined, the name and address of the owner if known, and the name and address of the tower and the address or location to where the vehicle was towed. Upon payment to the tower of a reasonable cost for towing and storage, the owner or operator may redeem the vehicle. § 127-4 § 127-5 Violations and penalties. 09/19/2023 3 Any person convicted of a violation of a provision of this chapter or any supplement thereto shall be subject to the penalties established by § 1-15 of the Code of the City of Hackensack to a fine of $250 for the first offense and, for subsequent offenses, a fine of at least $250 and up to 90 days' community service on such terms and in such form as the court shall deem appropriate, or any combination thereof. Section 2: 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 3: 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 4: 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 5: 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. 352-23 INTRODUCTION OF ORDINANCE NO. 39-2023, AN ORDINANCE AMENDING THE 360 MAIN STREET / YMCA REDEVELOPMENT PLAN FOR THE DELINATED REDEVELOPMENT AREA CONSISTING OF BLOCK 402, LOTS 12, 16.01 AND 16.02 BE IT RESOLVED that the above ordinance, being Ordinance 39-2023 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 October 24, 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 09/19/2023 4 and place when and where said ordinance will be further considered for final passage. ORDINANCE NO. 39-2023 CITY OF HACKENSACK COUNTY OF BERGEN ORDINANCE AMENDING THE 360 MAIN STREET / YMCA REDEVELOPMENT PLAN FOR THE DELINEATED REDEVELOPMENT AREA CONSISTING OF BLOCK 402, LOTS 12, 16.01 AND 16.02 WHEREAS, the City of Hackensack, in the County of Bergen, State of New Jersey (the “City”) is authorized pursuant to N.J.S.A. 40A:12A-5 to determine that a delineated area in the City is an area in need of redevelopment; and WHEREAS, redevelopment plans must be undertaken by ordinance pursuant to N.J.S.A. 40A:12A-7, and said plans must include an outline for the planning, development, redevelopment or rehabilitation of the identified project area; and WHEREAS, on December 20, 2021, by Resolution No. 537-21, the governing body of the City authorized and requested the Planning Board to undertake a preliminary investigation (the “Investigation”) to determine whether Block 402, Lots 12, 16.01 and 16.02 (the “Area of Investigation”) constitutes an area in need of redevelopment according to the criteria set forth under the Local Redevelopment and Housing Law (“LRHL”), specifically N.J.S.A. 40A:12A-5 and N.J.S.A. 40A:12A-3; and WHEREAS, consistent with the requirements set forth in N.J.S.A. 40A:12A-6, the Planning Board specified and gave notice that on March 9, 2022, a hearing would be held for the purpose of hearing persons who are interested in or would be affected by a determination that the property located in the Area of Investigation constitutes an area in need of redevelopment as that term is defined under the LRHL for non-condemnation purposes; and WHEREAS, Francis Reiner, LLA, PP of DMR Architects publicly presented a “Report of Preliminary Investigation for Determination of an Area in Need of Redevelopment” for the designated Area of Investigation dated February 2022 (the “Investigation Report”); and WHEREAS, on March 9, 2022, the Planning Board unanimously recommended that the governing body of the City designate the Area of Investigation as a non-condemnation area in need of redevelopment due to the substantial evidence that the Area of Investigation meets the criteria enumerated in the Investigation Report, pursuant to N.J.S.A. 40A:12A-5 and N.J.S.A. 40A:12A-3; and WHEREAS, on March 22, 2022, by Resolution No. 144-22, in accordance with the Planning Board’s recommendation, the City’s governing body designated Block 402, Lots 12, 16.01 and 16.02 as an area in need of redevelopment for non-condemnation purposes; and WHEREAS, on May 24, 2022, by Ordinance No. 23-2022, in accordance with N.J.S.A. 40A:12A-7, the City adopted the 360 Main Street / YMCA Redevelopment Plan for Block 402, Lots 12, 16.01 and 16.02 to establish zoning for these properties under the LRHL; and WHEREAS, since the adoption of the 360 Main Street / YMCA Redevelopment Plan, the City has determined that it is in need of amendment to address concerns with building standards in the initial plan; and WHEREAS, the City’s planner has prepared an amended 360 Main Street / YMCA Redevelopment Plan to address these issues. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Hackensack in the County of Bergen, State of New Jersey, as follows: SECTION 1. Amended 360 Main Street / YMCA Redevelopment Plan. The Amended 360 Main Street / YMCA Redevelopment Plan prepared by DMR Architects dated September 2023 attached hereto and made part hereof as Exhibit A is hereby approved and adopted pursuant to N.J.S.A. 40A:12A-1 et seq., shall supersede the prior 360 Main Street / YMCA Redevelopment Plan and be enacted as an amendment to the City’s Zoning Map. SECTION 2. Severability. If any section, subsection or paragraph of this ordinance be declared unconstitutional, invalid or inoperative, in whole or in part, by a court of competent jurisdiction, such chapter, 09/19/2023 5 section subchapter or paragraph shall to the extent that is not held unconstitutional, invalid or inoperative remain in full force and effect and shall not affect the remainder of this ordinance. SECTION 3. Repealer. All ordinances and resolutions, and parts of ordinances and resolutions which are inconsistent with provisions of this ordinance, including Ordinance No. 23-2022 adopted on May 24, 2022, shall be, and are hereby, repealed to the extent of any such inconsistency. SECTION 4. Effective Date. This ordinance shall take effect immediately after final adoption and approval pursuant to 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. 353-23 INTRODUCTION OF ORDINANCE NO. 40-2023, AN ORDINANCE AMENDING THE 359-375 MAIN STREET REDEVELOPMENT PLAN FOR THE DELINEATED AREA CONSISTING OF BLOCK 408, LOTS 1 AND 16 BE IT RESOLVED that the above ordinance, being Ordinance 40-2023 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 October 24, 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. ORDINANCE NO. 40-2023 CITY OF HACKENSACK COUNTY OF BERGEN ORDINANCE AMENDING THE 359-375 MAIN STREET REDEVELOPMENT PLAN FOR THE FOR THE DELINEATED REDEVELOPMENT AREA CONSISTING OF BLOCK 408, LOTS 1 AND 16 WHEREAS, the City of Hackensack, in the County of Bergen, State of New Jersey (the “City”) is authorized pursuant to N.J.S.A. 40A:12A-5 to determine that a delineated area in the City is an area in need of redevelopment; and WHEREAS, redevelopment plans must be undertaken by ordinance pursuant to N.J.S.A. 40A:12A-7, and said plans must include an outline for the planning, development, redevelopment or rehabilitation of the identified project area; and WHEREAS, pursuant to N.J.S.A. 40A:12A-6, by Resolution No. 257-16 adopted on June 28, 2016, the governing body of the City authorized and requested the Planning Board to undertake a preliminary investigation (the “Investigation”) to determine whether Block 408, Lots 1, 8, 9.01, 9.02, 09/19/2023 6 11, 15 and 16 (the “Area of Investigation”) constitutes an area in need of redevelopment according to the criteria set forth under the Local Redevelopment and Housing Law (“LRHL”), specifically N.J.S.A. 40A:12A-5; and WHEREAS, consistent with the requirements set forth in N.J.S.A. 40A:12A-6, the Planning Board specified and gave notice that on September 7, 2016 a hearing would be held for the purpose of hearing persons who are interested in or would be affected by a determination that the properties in the Area of Investigation constitute an area in need of redevelopment as that term is defined under the LRHL, N.J.S.A. 40A:12A-1 et seq.; and WHEREAS, Francis Reiner, PP, LLA publicly presented a “Report of Preliminary Investigation for Determination of an Area in Need of Redevelopment” for the designated Area of Investigation dated September 7, 2016 (the “Investigation Report”), finding that the properties consisting of Block 408, Lots 1, 15 and 16 met numerous criteria under N.J.S.A. 40A:12A-5; and WHEREAS, on December 6, 2016, pursuant to Resolution No. 456-16, the City previously designated Block 408, Lots 8, 9.01, 9.02 and 11, but not Lots 1, 15 and 16 as being an area in need of redevelopment for non-condemnation purposes based on the above-cited findings of the Investigation Report and the Planning Board’s determination; and WHEREAS, on December 22, 2020, pursuant to Resolution No. 515-20, the City’s governing body agreed with the Planning Board’s findings that the properties consisting of Block 408, Lots 1, 15 and 16 met numerous criteria under N.J.S.A. 40A:12A-5, and therefore, determined and declared these remaining properties as being in need of redevelopment for non-condemnation purposes; and WHEREAS, at the direction of the City’s governing body, Michael Mistretta, PP, LLA, prepared a Redevelopment Plan entitled the “359-375 Main Street Redevelopment Plan” dated September 2021 including Block 408, Lots 1 and 16 of the area determined to be in need of redevelopment for non- condemnation purposes; and WHEREAS, on October 26, 2021, by Ordinance No. 49-2021, in accordance with N.J.S.A. 40A:12A-7, the City adopted the 359-375 Main Street Redevelopment Plan for Block 408, Lots 1 and 16 to establish zoning for these properties under the LRHL; and WHEREAS, since the adoption of the 359-375 Main Street Redevelopment Plan, the City has determined that it is in need of amendment to address concerns with building standards in the initial plan; and WHEREAS, the City’s planner has prepared an amended 359-375 Main Street Redevelopment Plan to address these issues. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Hackensack in the County of Bergen, State of New Jersey, as follows: SECTION 1. Amended 359-375 Main Street Redevelopment Plan. The Amended 359-375 Main Street Redevelopment Plan dated August 2023 prepared by Michael Mistretta attached hereto and made part hereof as Exhibit A is hereby approved and adopted pursuant to N.J.S.A. 40A:12A-1 et seq., shall supersede the prior 359-375 Main Street Redevelopment Plan and be enacted as an amendment to the City’s Zoning Map. SECTION 2. Severability. If any section, subsection or paragraph of this ordinance be declared unconstitutional, invalid or inoperative, in whole or in part, by a court of competent jurisdiction, such chapter, section subchapter or paragraph shall to the extent that is not held unconstitutional, invalid or inoperative remain in full force and effect and shall not affect the remainder of this ordinance. SECTION 3. Repealer. All ordinances and resolutions, and parts of ordinances and resolutions which are inconsistent with provisions of this ordinance, including Ordinance No. 49-2021 adopted on October 26, 2021, shall be, and are hereby, repealed to the extent of any such inconsistency. 09/19/2023 7  SECTION 4. Effective Date. This ordinance shall take effect immediately after final adoption and approval pursuant to 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. 354-23 INTRODUCTION OF ORDINANCE NO. 41-2023, AN ORDINANCE TO AMEND CHAPTER 170 OF THE CODE OF THE CITY OF HACKENSACK, “VEHICLES AND TRAFFIC,” TO ADD NEW HANDICAPPED PARKING SPACE IN SECTION 49.2, “PARKING FOR THE HANDICAPPED” (387 SECOND STREET) BE IT RESOLVED that the above ordinance, being Ordinance 41-2023 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 October 3, 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. 41-2023 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.” (387 SECOND STREET) 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 a new handicapped parking space 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. 09/19/2023 8  NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HACKENSACK, as follows: 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 Second Street West From a point 24 feet north of the northwest curb line apex of Second Street and Stanley Place to a point 22 feet north 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. 355-23 RESOLUTION AUTHORIZING TAX REFUNDS FOR COUNTY BOARD JUDGMENTS AND STATE BOARD JUDGMENTS 09/19/2023 9  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 $9,807.00 241 14 Beattie Padovano LLC 2022 State Board Judgment 200 Market St Ste 401 185 Prospect Ave Montvale, NJ 07645 $6,248.46 311 20.01 Winne, Banta, Basralian & 2022 State Board Judgment Kahn, PC 228 Main St 21 Main St Ste 101 Hackensack, NJ 07601 $802.57 208 26 Michael I Schneck Trustee 2023 County Board Judgment For J&M at 59 Main St LLC 59 Main St 23 Vreeland Ave Ste 270 Florham Park, NJ 07932 $4,079.59 311 20.01 228 Main Associates LLC 2023 County Board Judgment 235 Moore St 3 rd Floor 228 Main St Hackensack, NJ 07601 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. 356-23 RESOLUTION AUTHORIZING THE TAX COLLECTOR TO ISSUE A REFUND FOR TAXES FOR A PARTIAL TAX EXEMPT BY THE DEPARTMENT OF VETERANS AFFAIRS WHEREAS, a property located in the City of Hackensack, known as 19 Jefferson Street, Apartment C7, Hackensack, also known as Block 539, Lot 10, Qual C00C7, is assessed to Jason and Alvin Chen, and WHEREAS, on April 3, 2023, Alvin and Jason Chen purchased 19 Jefferson Street, Apartment C7; and WHEREAS, Alvin Chen was declared 100% exempt by the Department of Veterans Affairs effective May 1, 2019, WHEREAS, Jason Chen, cousin of Alvin Chen owns half of the property which will remain taxable, and will be split 50% taxable for 2024 accordingly via state statue for tax year 2024; and WHEREAS, a refund is due for 50% of second quarter, made payable to Hudson One Title Agency, 725 Grand Avenue, Suite 104, Ridgefield, NJ 07657 in the amount of $825.20, and an additional refund is due for 50% of third quarter, made payable to Wells Fargo Real Estate Tax Services, Attention: Refunds/Financial Support, PO BOX 14506, Des Moines, IA 50306, in the amount of $910.53, THEREFORE, BE IT RESOLVED, effective April 3, 2023, 19 Jefferson Street, Apt C7, Hackensack, Block 539, Lot 10, Qual C00C7, assessed to owners, 09/19/2023 10 Jason and Alvin Chen is 50% tax exempt, and the Tax Collector is hereby authorized to cancel 50% of property taxes as of April 3, 2023, in the amount of $2,662.26 for Alvin Chen for the year 2023. This property will be 50% tax exempt for 2024. Please give each check to the Tax Collector for mailing. 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. 357-23 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HACKENSACK AUTHORIZING THE SETTLEMENT OF THE WORKERS’ COMPENSATION MATTER FILED BY JOHN ENGEL, PENDING IN THE NEW JERSEY DIVISION OF WORKER’S COMPENSATION, CASE NO. 2015-30909 WHEREAS, the City of Hackensack (“City”) is the Respondent in a worker’s compensation matter (Case No. 2015-30909), filed by Petitioner John Engel; 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 $242,026.50, inclusive of counsel and other fees and costs in the approximate amount of $26,566.50, 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. 09/19/2023 11  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. 2015-30909 in an amount not to exceed $242,026.50, 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. 358-23 RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR ENGINEERING SURVEYING SERVICES TO NEGLIA ENGINEERING FOR CITY PARKING LOT “A” WHEREAS, the City of Hackensack Parking Lot A (Block 303, Lot 10) is in need of surface improvements, and requires a boundary and topographical survey to contemplate the extent of said improvements and requires the services of an engineering firm for said surveys; 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 $13,265 for the boundary and topographical survey of City Parking Lot “A”, 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 3-05-55-502-000-204. 09/19/2023 12  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. Counc il Abse Memb Intr Secon Abstai nt Recuse er o d Yes No n d Von Rudenborg X Deputy Mayor Canestrino X X Battaglia X X Carroll X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 359-23 RESOLUTION AUTHORIZING ACCRUED TIME PAYOUT OF $13,743.88 TO RETIREE MYRNA SOSA WHEREAS, N.J.A.C. 5:30-15 established rules that govern how local government units manage and finance compensation for accumulated absence time for their respective retiring employees, and WHEREAS, accumulated absence includes any sick days and vacation days or any other absence time authorized as part of an employer agreement, which is not used by the employee during the allowed period and which is permitted to accumulate over time to the benefit of the employee, and WHEREAS, the Chief Financial Officer has certified that the funds and authority exist to pay Myrna Sosa for sick days, vacation days, and compensatory time; and WHEREAS, the City Manager has authorized the payment of $13,743.88 to Myrna Sosa for said time. NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack hereby approves payment to Myrna Sosa in the amount of $13,743.88 for an accrued time payout in accordance with the rules and regulations established by the Local Finance Board for such payments. BE IT FURTHER RESOLVED, the Chief Financial Officer certifies that there are funds available in the furtherance of this resolution to be in budget account 3- 01-30-415-416-119. Council Intr Secon Abstai Recuse Member o d Yes No n Absent d Von Rudenborg X Deputy Mayor Canestrino X X Battaglia X X Carroll X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 360-23 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HACKENSACK, AUTHORIZING THE SETTLEMENT OF LITIGATION ENTITLED BENILDA JASMIN v. CITY OF HACKENSACK ET AL., SUPERIOR COURT OF NEW JERSEY, BERGEN COUNTY, LAW DIVISION, DOCKET NUMBER BER-L-3616-20 09/19/2023 13  WHEREAS, the City of Hackensack (“City”) is a defendant in a lawsuit (Docket No. BER-L-3616-20) (the “Lawsuit”) filed by Plaintiff Benilda Jasmin, (“Plaintiff”); and WHEREAS, the Plaintiff has asserted various claims in the Lawsuit relating to injuries allegedly suffered in a motor vehicle accident in November 2018 involving a City vehicle, the City has denied same, and the matter remains pending in the Superior Court of New Jersey, Bergen County, Law Division; and WHEREAS, the claims adjusters and the defense attorneys for the City have negotiated and along with the City Attorney have recommended an amicable resolution and settlement of Plaintiff’s claims, including Plaintiff’s release of all claims against the City; and WHEREAS, the City is desirous of avoiding the cost and expense of further litigation; and WHEREAS, the Mayor and Council desire to approve and enter a General Settlement and Release (“Agreement”); and WHEREAS, the settlement is not an admission of fault or wrongdoing by the City, but it is proposed to fully resolve all disputed claims between the parties without the cost and expense of a trial and potential exposure to the City to significant legal fees, costs, and a potential award for damages; and, WHEREAS, the Chief Financial Officer certifies that there are sufficient and legally appropriated funds available to fund a settlement amount not to exceed $170,453.56 under account number 3-01-23-220-220-211. 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 the Lawsuit. 3. The settlement of the Lawsuit is hereby approved and accepted in satisfaction of all claims, subject to such additions, deletions, modifications or amendments deemed necessary by the Mayor and/or the City Manager in their discretion in consultation with counsel, which additions, deletions, modifications or amendments do not alter the substantive rights and obligations of the parties thereto. The City is authorized to execute the Agreement and to take all other necessary and appropriate action to effectuate the Agreement. 4. The City Manager, City Attorney, and the City’s defense attorneys are authorized and directed to take all necessary and appropriate action to effectuate the settlement. 5. This Resolution shall take effect immediately. Council Intr Secon Abstai Absen Recuse Member o d Yes No n t d Von Rudenborg X Deputy X X Mayor 09/19/2023 14  Canestrino Battaglia X X Carroll X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 361-23 RESOLUTION TO ADOPT SHARED SERVICES AGREEMENT WITH THE COUNTY OF BERGEN FOR TREE REMOVAL SERVICES WHEREAS, the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1 et seq. (the "Act"), authorizes local units of this State to enter into agreements with any other local unit or units to provide or receive any service that each local unit participating in the Agreement is empowered to provide or receive in its own jurisdiction; and, WHEREAS, the County of Bergen has offered to provide assistance to the City of Hackensack in the removal of dead or dying non-County trees located within the public right of way along County roadways, subject to certain terms and conditions; and, WHEREAS, the City of Hackensack has a need for this service; and, WHEREAS, the parties have negotiated a form of shared services agreement (“Agreement”) to authorize Bergen County to provide the aforementioned service to Hackensack, a copy of which is attached hereto; and, WHEREAS, the Agreement has been reviewed and approved by the City Manager, City Attorney, and DPW Director and the City Council finds the terms of the Agreement to be fair and reasonable. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack as follows: 1. The recitals set forth above are incorporated as if set forth at length herein. 2. The City Council hereby endorses the attached Shared Services Agreement with the County of Bergen, and approves the terms contained therein, subject to such additions, deletions, modifications or amendments deemed necessary by the Mayor or City Manager in their discretion in consultation with counsel, which additions, deletions, modifications or amendments do not alter the substantive rights and obligations of the parties thereto. 3. The Mayor, City Manager and City Attorney are authorized to execute the Agreement and any additional documents and take any additional action as may be necessary to implement the intent and purpose of this Resolution. 4. A certified copy of this Resolution shall be provided to the Bergen County Administrator. 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 09/19/2023 15  Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 362-23 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: Current Fund $ 676,976.28 Grants 9,955.51 Payroll 1,942,162.83 Public Parking System 4,956.98 Capital 1,185,794.97 Escrow 802.81 Trust Account 72,448.13 Total Expenditures 3,893,097.51 Interfunds/Transfers $ 155,181.36 Council Intr Secon Abstai Absen Recuse Member o d Yes No n t d Von Rudenborg X Deputy Mayor Canestrino X X Carroll X Battaglia X X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 363-23 RESOLUTION APPROVING APPOINTMENT OF SCHOOL CROSSING GUARDS FOR 2023-2024 SCHOOL YEAR WHEREAS, the school calendar established by the Hackensack Board of Education provides for the commencement of the new academic school year as of September 6, 2023; and WHEREAS, as a result of the foregoing, and in order to best provide for the safety of students and the residents of the City, there is a need to appoint School Crossing Guards for the period September 6, 2023 through June 30, 2024; and WHEREAS, the City, by this Resolution, wishes to effectuate the appointment for the period September 6, 2023 through June 30, 2024 of those School Crossing Guards identified on the attached list which is incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack, by adoption of this resolution hereby authorizes and affirms the following: 1. Those Crossing Guards identified on the attached list which is incorporated herein by reference, be and hereby are appointed pursuant to N.J.S.A. 40A:9-154.1 as adult School Crossing Guards for the period retroactive to September 6, 2023 through June 30, 2024. BE IT FURTHER RESOLVED that the City Manager, the City Attorney, the Chief Financial Officer, and the City Labor Counsel are authorized to take all appropriate actions so as to implement this Resolution. 09/19/2023 16  Council Intr Secon Abstai Absen Recuse Member o d Yes No n t d Von Rudenborg X Deputy Mayor Canestrino X X Carroll X Battaglia X X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 364-23 RESOLUTION DESIGNATING REGISTRAR, DEPUTY REGISTRAR AND ALTERNATES FOR THE HEALTH DEPARTMENT WHEREAS, the City of Hackensack maintains the Hackensack Health Department that maintains a Vital Records division; and WHEREAS, the City of Hackensack must maintain a Registrar and Deputy Registrar, and that registrar may designate up to two (2) Alternate Deputy Registrars and as many Sub-registrars as are needed, as per New Jersey Statutes Annotated 26:8-1 et seq.; and NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Hackensack, that: 1. Maria Nunez Diaz will maintain designation as the Registrar 2. Elizabeth Taveras will be designated as the Deputy Registrar 3. Diana Vroeginday will be designated as an Alternate Deputy Registrar 4. Camille Faulknor will be designated as an Alternate Deputy Registrar 4. Guillermina Diaz will maintain designation as a Sub Registrar 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. 365-23 RESOLUTION AUTHORIZING ENDORSEMENT OF PROPOSED BERGEN COUNTY COMMUNITY DEVELOPMENT GRANTS WHEREAS, Bergen County Community Development Grants have been proposed by the following organizations located in the municipality of Hackensack, New Jersey; and WHEREAS, pursuant to the State Inter-local Services Act, Community Development funds may not be spent in a municipality without authorization by the Mayor and City Council; and 09/19/2023 17  WHEREAS, the aforesaid project is in the best interest of the residents of Hackensack; and WHEREAS, this resolution does not obligate the financial resources of the municipality and is intended solely to expedite expenditure of the aforesaid Community Development Funds. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Hackensack hereby confirms endorsement of the following projects; and BE IT FURTHER RESOLVED, that a copy of this resolution shall be sent to the Director of the Bergen County Community Development Program (Robert G. Esposito – resposito@co.bergen.nj.us) so that implementation of the aforesaid projects may be expedited. APPLICANT PURPOSE AMOUNT Johnson Public Library ADA Bathroom Upgrade $ 110,000.00 North Jersey Friendship House, Inc. Emergency HVAC Replacement $ 22,410.00 Public Comment A motion to open the meeting to the public was offered by Deputy Mayor Canestrino and seconded by Councilman Battaglia. Bridget Rucker – I am here because I want to make a statement to the rebuttal of the statement I made the last time to Stephanie. You used your kids as collateral damage in a statement made about you. I have been a parent 36 years. I am a grandmother. I would never use my child or family as collateral damage to protect myself. It is embarrassing. You should be embarrassed as a mother. It is sad. I hope your children go back in time and look at these videos and see that you used them as your collateral damage to make a statement back to me. You should be ashamed of yourself. Thank you 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 – Ms. Rucker left already but maybe she will listen. I used my children as an example of the values we have in our family and what we talk about as a family. I spoke to my son after the meeting and he laughed about how ridiculous it was because I don’t allow him at 13 to listen to rap songs with that word in it. He said that is the most ridiculous thing I ever heard. I am not using them as collateral, I am trying to make a point of my family values. I think that if she keeps this up, she will be hearing from my attorney because I don’t think it is right that she says that I do or say things that are untrue. If she wants to stand up here and call me names, you are entitled to your opinion but you should not be saying someone said or did something that is false. Shame on her and it is sad she takes that route. I want to congratulate the two lieutenants sworn in tonight. We are proud and we appreciate the hard work and years of service to the City. We are recognizing October 6 as Knock Out Opioid Abuse Day. Over the weekend I lost a good friend to the epidemic and no signs at all, it completely blindsided all of us. You always picture someone with a problem and that you would know and it is not true, it is people, good people, functioning everyday, working hard, and it comes 09/19/2023 18 out of nowhere. I am glad we had that proclamation on tonight. Have a good night. Deputy Mayor Canestrino – Congratulations to the lieutenants. It is so nice to see young men and women moving up the ranks of the Police Department. Look forward to hearing and seeing good things from them. Some things on the agenda tonight for redevelopment. There were two plan amendments. One for the YMCA site at the corner of Main and Passaic. They reduced the unit count there. They are looking to have 400 units there and because it is an important corner it includes 6000 sq feet of open space for folks to enjoy. The second was across the street at Main and Passaic which used to be a credit union and they are looking at 107 units. It is an abandoned site. Also, we are repairing parking lots so something on here was about surveys for repair and paving of Lot A behind the current Woolworths, where C Town is. We are going to upgrade that lot as well. Vinny mentioned the airport petition. You all know I am an advocate for using the alternate flight path. I know there are Nixle messages going out reminding people about it. It is also on the City website with a link to sign the petition. It is important to get as many signatures as we can and encourage the FAA to give us a break from the volume we see going over our homes. It was a short agenda so thanks for coming and have a good evening. Councilman Battaglia – We will continue to monitor the situation at 125 Willow. The paving project we have to do West Lookout, West Anderson, Davis Street, I am working on it. We are looking at table bumps around the high school. I spoke to Lt. Deleon and we will maybe implement them on Fairmount Ave and some other streets to prevent speeding. The new building is in process. We are going to put a control room to monitor cameras in there. Carver Park and Staib Park are being worked on, I think Staib is finished. We are going to continue to work on the parks. Thank you for coming. Councilman Carroll – Congratulations to the two new lieutenants, I wish them well. Again, I feel we are making a lot of progress in the parks. We are going to break ground very soon again on Carver. Foschini is moving along great. Hopefully we will finalize the first phase soon. Thank you for coming and God bless. Mayor Labrosse - Congratulations to the two new lieutenants, I wish them well. Stay safe and I wish them the best in their careers. Like the Director said, they are coming in at a unique time in our history where the police have been under attack socially and many times for no reason at all. Sometimes for obvious reasons. I look forward to monitoring and watching their progress. Thank you to the City Council, Manager, Deputy Manager, Greg, Frank on what I thought was a great overall summer as far as parks for movies, yoga, concerts. I think we had upwards of 12 concerts in the City and would love to see it happen again next year. The attendance doubled from years past. We had some great shows on the Green with 100s of people at a time and a lot of people come from out of town and that is the whole reason to bring them into town and drive up Main Street and say oh look what’s here. That’s what downtown is about. We used the HACPAC quite a bit with rain nights bringing concerts inside. We are trying to get more involved with the HACPAC and the new board, they seem like they are struggling now and we want to get things back on track. I have been in contact with a local artist who is a Rock N Roll Hall of Famer and there is a good chance he will be playing there. See you in a few weeks. There being no further business the meeting was adjourned at 8:43 PM. Approved by Mayor and Council on October 3, 2023 _____________________________________ Mayor John P. Labrosse, Jr. 09/19/2023 19  ____________________________________ Deputy Mayor Kathleen Canestrino _____________________________________ Councilman Leonardo Battaglia ___________________________________ Councilwoman Stephanie Von Rudenborg ______________________________________ Councilman Gerard Carroll ____________________________________ City Clerk Deborah Karlsson, RMC 09/19/2023 20