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, December 19, 2023 at 8:00 p.m. Mayor Labrosse called the meeting to order and the City Clerk announced that the meeting was being held in accordance with the Sunshine Law, notice having been published according to law, with a copy on file in the City Clerk’s office, and a copy posted on the bulletin board in City Hall. Attendance Ms. Karlsson called the roll: Mayor Labrosse, Deputy Mayor Canestrino, Councilman Battaglia, Councilwoman Von Rudenborg and Councilman Carroll were present. City Manager Vincent Caruso was present. City Attorney Steve Kleinman was present. City Clerk Deborah Karlsson was present. Deputy City Clerk Allison Saabye was present. Flag Salute Proclamations and Presentations – Swearing in Police Officers Ann Bowen Retirement Approval of Minutes – A motion to approve the Executive, C.O.W., and Regular Meeting Minutes from December 5, 2023 was offered by Deputy Mayor Canestrino, seconded by Councilman Battaglia and approved by Mayor Labrosse, Deputy Mayor Canestrino, Councilman Battaglia, Councilwoman Von Rudenborg, and Councilman Carroll. City Manager’s Report We are in the final days to enter the gingerbread house contest. The final day is December 29th. The rules are online. There is free parking on Main and Anderson Streets from December 17th through January 2nd. The meters have been notated with happy holidays so please support local businesses. The Hackensack video tour has launched on Hackensack.org. There are some good videos on there. On behalf of myself and the Mayor and Council, happy holidays, merry Christmas, happy Hannukah, happy Kwanza and happy New Year. 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: 459-23 FINAL ADOPTION OF ORDINANCE NO. 46-2023, ORDINANCE AMENDING THE SECOND STREET REDEVELOPMENT PLAN CONSISTING OF BLOCK 225, LOT 20; BLOCK 229, LOTS 9, 10, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, AND 44; BLOCK 232, LOTS 3, 4, 5, 9, 10, 12, 14, 15, 16, 17, 18, 19, 20, 22, 23, 25, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, AND 46; BLOCK 233, 12/19/2023 1 LOTS 10, 12, 25, 26, 27, 29, AND 30; BLOCK 235, LOT 1; BLOCK 236, LOTS 1.01, 1.02, 36.02, AND 36.03; AND BLOCK 237, LOT 10 This Ordinance has been published according to law and now calls for a Public Hearing. Motion offered by Deputy Mayor Canestrino and seconded by Councilman Battaglia that there be a public hearing. PUBLIC HEARING - No one wished to speak Motion offered by Deputy Mayor Canestrino and seconded by Councilman Battaglia that the public hearing be closed. BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 46-2023 has passed its second and final reading and is hereby adopted. ORDINANCE NO. 46-2023 CITY OF HACKENSACK COUNTY OF BERGEN ORDINANCE AMENDING THE SECOND STREET REDEVELOPMENT PLAN CONSISTING OF BLOCK 225, LOT 20; BLOCK 229, LOTS 9, 10, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, AND 44; BLOCK 232, LOTS 3, 4, 5, 9, 10, 12, 14, 15, 16, 17, 18, 19, 20, 22, 23, 25, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, AND 46; BLOCK 233, LOTS 10, 12, 25, 26, 27, 29, AND 30; BLOCK 235, LOT 1; BLOCK 236, LOTS 1.01, 1.02, 36.02, AND 36.03; AND BLOCK 237, LOT 10 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-14 to determine that a delineated area in the City is an area in need of rehabilitation; and WHEREAS, in order to make that determination, the City must first authorize its Planning Board to undertake a preliminary investigation to determine whether a proposed area is a rehabilitation area according to the criteria set forth in N.J.S.A. 40A:12A-3 and -14; and WHEREAS, on August 21, 2018, pursuant to Resolution No. 325-18, the City authorized and requested that the Planning Board undertake a preliminary investigation (the “Investigation”) to determine whether Blocks 223, 225, 226.01, 226.02, 227, 228, 229, 230, 232, 233, 235, 236, and 237 (the “ Area of Investigation”) constituted an “area in need of rehabilitation” as set forth in N.J.S.A. 40A:12A-3 and -14; and WHEREAS, consistent with the requirements set forth in N.J.S.A. 40:12A-3 and -14, notice was given that on September 12, 2018, a hearing would be held for the purpose of hearing all persons who were interested in or would be affected by a determination that the properties in the Area of Investigation are a rehabilitation area as that term is defined in Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. (“LRHL”); and WHEREAS, on September 12, 2018, the City’s pre-qualified professional planner, DMR Architects (“DMR”), prepared an Investigation Report that was publicly presented after adequate notice before the Planning Board; and WHEREAS, the Investigation Report determined that the Area of Investigation evidenced conditions and characteristics that qualified the Area of Investigation as an “area in need of rehabilitation” satisfying the criteria under N.J.S.A. 40A:12A-14; and WHEREAS, on September 12, 2018, the Planning Board held a public hearing concerning the Area of Investigation during which Joseph Mecca, Esq. represented the Planning Board; and WHEREAS, on September 12, 2018, the Planning Board received the testimony of Francis Reiner, L.L.A., P.P. of DMR, and Mr. Reiner provided an eye witness account of the conditions that he observed at the Area of Investigation which confirmed the description of conditions found in the Investigation Report; and WHEREAS, on September 12, 2018, after completing its hearing and investigation of this matter, the Planning Board adopted a resolution recommending that the City designate the Area of Investigation as a rehabilitation area because the Investigation Report and testimony of Mr. Reiner provide substantial evidence that the Area of Investigation meets the statutory criteria; and 12/19/2023 2  WHEREAS, on September 25, 2018, pursuant to Resolution No. 376-18 adopted the City concurred with the Planning Board’s findings and determined to designate the Area of Investigation as an “area in need of rehabilitation” pursuant to the LRHL; and WHEREAS, on November 20, 2018, the City adopted Ordinance No. 50-2018 enacting the Second Street Redevelopment Plan dated November 2018 for a portion of the Area of Investigation to be designated in need of rehabilitation, consisting of Block 225, Lot 20; Block 229, Lots 9, 10, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, and 44; Block 232, Lots 3, 4, 5, 9, 10, 12, 14, 15, 16, 17, 18, 19, 20, 22, 23, 25, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, and 46; Block 233, Lots 10, 12, 25, 26, 27, 29, and 30; Block 235, Lot 1; Block 236, Lots 1.01, 1.02, 36.02, and 36.03; and Block 237, Lot 10 (the “Designated Area”); and WHEREAS, the City has directed DMR to prepare certain amendments to the Second Street Redevelopment Plan establishing newly defined parking standards within the Designated Area; and WHEREAS, the City wishes to adopt these amendments to the Second Street Redevelopment Plan for the Designated Area; and WHEREAS, N.J.S.A. 40A:12A-7 requires the adoption of redevelopment plans, or amendments thereto, by ordinance with the Planning Board reviewing the plan for consistency with the Master Plan of the City prior to final adoption, which referral has taken place, and a report being returned from the Planning Board as to such consistency with the Master Plan. 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. Second Street Redevelopment Plan. The Second Street Redevelopment Plan, as amended and dated November 2023, prepared by DMR and attached hereto as Exhibit A and by the reference made a part hereof is hereby approved and adopted pursuant to N.J.S.A. 40A:12A-1 et seq. and shall 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 shall be, and are hereby, repealed to the extent of any such inconsistency, including Ordinance No. 50-2018. SECTION 4. Effective Date. This ordinance shall take effect 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: 460-23 FINAL ADOPTION OF ORDINANCE NO. 47-2023, ORDINANCE AMENDING THE PROSPECT – RAILROAD – ESSEX – BEECH REDEVELOPMENT PLAN FOR AN AREA IN NEED OF REHABILITATION CONSISTING OF BLOCK 223, LOTS 1 TO 7 AND 11 TO 24; BLOCK 226.01, LOTS 1.01 TO 1.04 AND 3; BLOCK 226.02, LOTS 1 TO 15 AND 19 TO 27; BLOCK 227, LOTS 1 TO 32; BLOCK 12/19/2023 3  228, LOTS 1 TO 3, 6, 9 TO 30, AND 40 TO 49; BLOCK 229, LOTS 1, 11 TO 14, 28 TO 43, 46; BLOCK 230, LOTS 1, 3.01 TO 7, 12 TO 19, 21 TO 30; BLOCK 232, LOTS 1.01, 1.02, 26, 28 TO 31, 33, 47, 49, 55; BLOCK 233, LOTS 1, 2, 7.01, 7.02, 9; BLOCK 236, LOTS 6, 18, 36.01; AND BLOCK 237, LOTS 1.01-1.04, 2, 2.02, 4.01 This Ordinance has been published according to law and now calls for a Public Hearing. Motion offered by Deputy Mayor Canestrino and seconded by Councilman Battaglia that there be a public hearing. PUBLIC HEARING - No one wished to speak. Motion offered by Deputy Mayor Canestrino and seconded by Councilman Battaglia that the public hearing be closed. BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 47-2023 has passed its second and final reading and is hereby adopted. ORDINANCE NO. 47-2023 CITY OF HACKENSACK COUNTY OF BERGEN ORDINANCE AMENDING THE PROSPECT – RAILROAD – ESSEX – BEECH REDEVELOPMENT PLAN FOR AN AREA IN NEED OF REHABILITATION CONSISTING OF BLOCK 223, LOTS 1 TO 7 AND 11 TO 24; BLOCK 226.01, LOTS 1.01 TO 1.04 AND 3; BLOCK 226.02, LOTS 1 TO 15 AND 19 TO 27; BLOCK 227, LOTS 1 TO 32; BLOCK 228, LOTS 1 TO 3, 6, 9 TO 30, AND 40 TO 49; BLOCK 229, LOTS 1, 11 TO 14, 28 TO 43, 46; BLOCK 230, LOTS 1, 3.01 TO 7, 12 TO 19, 21 TO 30; BLOCK 232, LOTS 1.01, 1.02, 26, 28 TO 31, 33, 47, 49, 55; BLOCK 233, LOTS 1, 2, 7.01, 7.02, 9; BLOCK 236, LOTS 6, 18, 36.01; AND BLOCK 237, LOTS 1.01-1.04, 2, 2.02, 4.01 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-14 to determine that a delineated area in the City is an area in need of rehabilitation; and WHEREAS, on August 21, 2018, pursuant to Resolution No. 325-18, the City authorized and requested that DMR Architects (“DMR”) assist the Planning Board to undertake a preliminary investigation (the “Investigation”) to determine whether Blocks 223, 225, 226.01, 226.02, 227, 228, 229, 230, 232, 233, 235, 236, and 237 (the “Area of Investigation”) constituted an “area in need of rehabilitation” as set forth in N.J.S.A. 40A:12A-3 and -14; and WHEREAS, DMR produced and presented an Investigation Report that supported the finding that the Area of Investigation qualifies as an “area in need of rehabilitation” satisfying the criteria under N.J.S.A. 40A:12A-14, the findings of which were supported by the Planning Board on September 12, 2018; and WHEREAS, on September 25, 2018, pursuant to Resolution No. 376-18 adopted the City accepted the Planning Board’s recommendation adopting the findings of DMR’s Investigation and declaring that the Area of Investigation constitutes an “area in need of rehabilitation” as defined pursuant to N.J.S.A. 40A:12A-3 and N.J.S.A. 40A:12A-14; and WHEREAS, on December 3, 2019, the City adopted Ordinance No. 56-2019 accepting and adopting the Prospect – Railroad – Essex – Beech Redevelopment Plan (the “Redevelopment Plan”) for a portion of the Area of Investigation designated in need of rehabilitation, consisting of Block 223, Lots 1 to 7 and 11 to 24; Block 226.01, Lots 1.01 to 1.04 and 3; Block 226.02, Lots 1 to 15 and 19 to 27; Block 227, Lots 1 to 32; Block 228, Lots 1 to 3, 6, 9 to 30, and 40 to 49; Block 229, Lots 1, 11 to 14, 28 to 43, 46; Block 230, Lots 1, 3.01 to 7, 12 to 19, 21 to 30; Block 232, Lots 1.01, 1.02, 26, 28 to 31, 33, 47, 49, 55; Block 233, Lots 1, 2, 7.01, 7.02, 9; Block 236, Lots 6, 18, 36.01; and Block 237, Lots 1.01-1.04, 2, 2.02, 4.01 (the “Designated Area”); and 12/19/2023 4  WHEREAS, the City has directed DMR to prepare certain amendments to the Redevelopment Plan establishing newly defined parking standards; and WHEREAS, the City wishes to adopt these amendments to the Redevelopment Plan for the Designated Area; and WHEREAS, N.J.S.A. 40A:12A-7 requires the adoption of redevelopment plans, or amendments thereto, by ordinance with the Planning Board reviewing the plan for consistency with the Master Plan of the City prior to final adoption, which referral has taken place, and a report being returned from the Planning Board as to such consistency with the Master Plan. 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. Prospect – Railroad – Essex – Beech Redevelopment Plan. The Prospect – Railroad – Essex – Beech Redevelopment Plan, as amended and dated November 2023, prepared by DMR and attached hereto as Exhibit A and by the reference made a part hereof is hereby approved and adopted pursuant to N.J.S.A. 40A:12A-1 et seq. and shall 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 shall be, and are hereby, repealed to the extent of any such inconsistency, including Ordinance No. 56-2019. SECTION 4. Effective Date. This ordinance shall take effect 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: 461-23 FINAL ADOPTION OF ORDINANCE NO. 49-2023, AN ORDINANCE ESTABLISHING A NEW CHAPTER 75 OF THE CODE OF THE CITY OF HACKENSACK, “COMMUNITY GARDEN,” TO FORMALLY ESTABLISH RULES AND REGULATIONS FOR THE MUNICIPAL COMMUNITY GARDEN IN JOHNSON PARK This Ordinance has been published according to law and now calls for a Public Hearing. Motion offered by Deputy Mayor Canestrino and seconded by Councilman Battaglia that there be a public hearing. PUBLIC HEARING - No one wished to speak Motion offered by Deputy Mayor Canestrino and seconded by Councilman Battaglia that the public hearing be closed. 12/19/2023 5  BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 49-2023 has passed its second and final reading and is hereby adopted. CITY OF HACKENSACK ORDINANCE NO. 49-2023 AN ORDINANCE ESTABLISHING A NEW CHAPTER 75 OF THE CODE OF THE CITY OF HACKENSACK, “COMMUNITY GARDEN,” TO FORMALLY ESTABLISH RULES AND REGULATIONS FOR THE MUNICIPAL COMMUNITY GARDEN IN JOHNSON PARK WHEREAS, in 2019, the City created a community garden in Johnson Park, which has proven very successful and interest in participation has grown over the five seasons it has been in operation; and, WHEREAS, the community garden continues to expand and there are now waiting lists for the available plots; and, WHEREAS, there has been a request from the volunteers who oversee the community garden to now formally establish rules and regulations governing the operation of the community garden for the growing seasons to come; and, WHEREAS, the City Council finds it is in the City’s best interest to take this action. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HACKENSACK, as follows: Section 1: A new Chapter 75 of the Code of the City of Hackensack, “Community Garden,” is hereby established and shall read as follows: § 75-1 Establishment. A community garden is hereby established within the City of Hackensack to be located at Johnson Park and shall be designated as the “City of Hackensack Community Garden.” § 75-2 Management. The Community Garden shall be managed by the Recreation Department, who shall enforce the rules and regulations set forth in this Chapter under the direction of the City Manager. Additionally, the City may establish a volunteer program to supplement the day-to-day operation of the Community Garden. The City shall require all plot holders to sign a use agreement, as approved by the City Manager, to supplement the rules and regulations set forth in this Chapter. Plot rental fees shall be collected by the City and used for maintenance and to purchase supplies for the Community Garden. The City will provide soil, water, hoses and watering equipment. Plot holders will provide their own tools, flowers/plants and any other gardening supplies. § 75-3 Use of Garden. The community garden is available to all residents of the City, ages 18 and over, on a first-come, first-served basis for the purpose of growing fruits and vegetables, flowers and herbs. Plots are rented for one year at a time, with pre-registration for returning plot holders in February and new plot holders in March, or as otherwise may be determined by the Recreation Department. § 75-4 Fees. No person shall be permitted to maintain a plot in the Community Garden unless such person has registered for the plot, executed all required documentation and paid the applicable fee, which shall be determined annually by the City Manager in advance of each year’s registration. Once fees are paid, they are non-refundable. § 75-5 Rules and Regulations. 12/19/2023 6 The use of the Community Garden will be subject to the following rules and regulations, along with any additional rules and regulations that may be promulgated by the Recreation Department: a. The garden session runs from May 1 until Thanksgiving weekend in November. b. Hours: 7:00 A.M. to sunset, seven days per week. No person shall remain in the Community Garden after sunset. The gate must be closed and locked after entering and when leaving. c. Plots must be prepared no later than May 15 th and planting is to be completed by June 15th. Unattended plots may be reassigned. d. The Community Garden is an organic garden. Use of chemical fertilizers, pesticides, herbicides or rodenticides is strictly prohibited. Organic mulch, fertilizer such as cow or chicken manure, and natural items such as coffee grinds and eggshells are allowed. e. Organic composting is allowed. Dead plant material can be placed into the garden area designated for composting. However, it is prohibited to put weeds or diseased plants into the compost area, since this may spread weed seeds and/or further infect other plants. Weeds and diseased plants are to be bagged and put into trash cans set aside for this purpose. f. Illegal or non-native plants are prohibited. Tall plants must be planted so as to not interfere with anyone else’s plot. Vines may be trellised and trimmed shorter than 5 feet and maintained within the plot. g. Water usage shall be limited to the extent feasible and a plot holder may not water anyone else’s plot without permission. h. Produce is to be harvested on a regular basis. A plot holder is expected to notify the Recreation Department if he or she will be unable to maintain the plot for any extended period of time, and advise of any alternative arrangements that have been made to care for and harvest the plot. i. No person may take any fruits, vegetables, herbs or flowers from anyone’s plot without permission from the plot holder. j. The fall cleanup deadline is Thanksgiving weekend. Plot holders who have planted perennials and plan to return in the Spring must contact the Recreation Department for further instruction. Gardeners who leave fencing, tomato cages, poles or trellis do so at their own risk. k. No alcohol, drugs, smoking or pets are allowed in the Community Garden. Children must be accompanied and supervised by an adult at all times. l. All other regulations relating to the general use of Johnson Park shall also be enforced. § 75-6 Indemnification. All persons using the Community Garden assume any and all risks associated with the use of the Community Garden. Prior to use of the Community Garden, each person shall execute and deliver to the City an agreement for the use of the Community Garden that shall contain hold harmless and indemnification language. § 75-7 Violations. Use of the Community Garden is a privilege. The City reserves the right to revoke the use of the Community Garden by any person for failure to observe the rules and regulations established in this Chapter or any 12/19/2023 7  supplemental rules established by the City Manager. Upon violation of any rule or regulation, a written notice will be issued and the violator will be given a reasonable opportunity to correct the violation. If the violation does not cease or is not cured within 14 days, a second written notice will be issued. If the violation has not ceased or been cured within 7 days of the second notice, the use of the Community Garden for the remainder of the season may be revoked and the plot may be reassigned. Any person whose permission to use a plot is revoked may appeal the decision to the City Manager, who shall hold a hearing on the matter within 15 days of the revocation. In exceptional circumstances, the City Manager may revoke a person’s right to use the Community Garden for additional seasons. 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: 462-23 FINAL ADOPTION OF ORDINANCE NO. 50-2023, AN ORDINANCE ADDING A NEW ARTICLE TO CHAPTER 153 OF THE CODE OF THE CITY OF HACKENSACK, “TAXATION,” TO FORMALLY ESTABLISH PROCEUDRES FOR PROPERTY TAX REFUNDS FOR DISABLED VETERANS This Ordinance has been published according to law and now calls for a Public Hearing. 12/19/2023 8  Motion offered by Deputy Mayor Canestrino and seconded by Councilman Battaglia that there be a public hearing. PUBLIC HEARING - No one wished to speak. Motion offered by Deputy Mayor Canestrino and seconded by Councilman Battaglia that the public hearing be closed. BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 50-2023 has passed its second and final reading and is hereby adopted. CITY OF HACKENSACK ORDINANCE NO. 50-2023 AN ORDINANCE ADDING A NEW ARTICLE TO CHAPTER 153 OF THE CODE OF THE CITY OF HACKENSACK, “TAXATION,” TO FORMALLY ESTABLISH PROCEUDRES FOR PROPERTY TAX REFUNDS FOR DISABLED VETERANS WHEREAS, N.J.S.A. 54:4-3.30 permits a veteran who is declared by the United States Veterans Administration or its successor to be 100% permanently disabled to receive a real property tax exemption for his or her dwelling house and lot; and, WHEREAS, N.J.S.A. 54:4-3.31 explicitly states that upon written claim made and accepted by the tax assessor for the municipality, the exemption shall be placed upon the tax rolls, and that such exemption shall be allowed and prorated by the assessor for the remainder of any taxable year from the date the written claim has been made and accepted by the tax assessor; and, WHEREAS, N.J.S.A. 54:4-3.32 permits the governing body of each municipality to refund all taxes collected on property which would have been exempt had proper claim in writing been made pursuant to N.J.S.A. 54:4-3.30; and, WHEREAS, it is appropriate for the City to adopt a uniform policy regarding the refund of taxes paid prior to the written claim being made pursuant to N.J.S.A. 54:4-3.30; and, WHEREAS, recognizing that there could be a delay in the time period for when the veteran is deemed 100% disabled by the United States Veterans Administration and the time period in which application for such exemption is made which could dramatically affect the amount of said refund being requested; and, WHEREAS, although the special status afforded to veterans in this scenario is recognized, the financial affairs of the municipality must also be taken into account and it is further recognized that there may be a new generation of veterans seeking such exemptions from military operations around the world; and, WHEREAS, upon recommendation from the Tax Assessor, the Mayor and Council have determined that it is in the best interest of the municipality to adopt a uniform policy surrounding such requests for refunds pursuant to N.J.S.A. 54:4-3.32; and, WHEREAS, such a uniform policy adopted hereby has been upheld by the Court in Salvatore Del Prior v. Edison Township, 26 N.J. Tax 502 (2012). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HACKENSACK, as follows: Section 1: A new Article III in Chapter 153 of the Code of the City of Hackensack, “Taxation,” is hereby established and shall read as follows: ARTICLE III PROPERTY TAX REFUNDS FOR DISABLED VETERANS § 153-18 Totally Disabled Veteran and Surviving Spouse Tax Exemption. 12/19/2023 9  The City will allow for either a veteran or surviving spouse of a veteran to obtain municipal property tax relief upon proper claim pursuant to N.J.S.A. 54:4-30 et seq. An eligible veteran shall be defined as a member of the United States Armed Forces who was either honorably discharged or released under honorable circumstances from active service, in time of war, in any branch of the Armed Forces of the United States, who has been or shall be declared by the United States Veterans Administration or its successor to have a service-connected disability and to be determined to be 100% permanently disabled. In order to qualify for the municipal tax exemption, the veteran or someone on his/her behalf, under oath, must file a written claim with the Tax Assessor's office. The Tax Assessor's office will supply the applicant with the appropriate paperwork and the applicant will be required to provide the Tax Assessor's office with the following information: 1. Reason for exemption; 2. A description of the property for which the exemption is claimed; 3. A certificate of claimant's honorable discharge or release under honorable circumstances from active service, in time of war and a certificate/letter from the United States Veterans Administration or its successors, certifying to a service-connected disability; 4. Any other documentation as required by law at the time the application is made. In order for a surviving spouse of a veteran to qualify for the municipal tax exemption, the spouse, under oath, must file a written claim with the Tax Assessor's office. The Tax Assessor's office will supply the surviving spouse with the appropriate paperwork and the applicant will be required to provide the Tax Assessor's office with the following information: 1. Proof to establish that the spouse is the owner of legal title to the premises on which the exemption is made; 2. That the claimant occupies the dwelling house on said premises as the claimant's legal residence in the State of New Jersey; 3. That the veteran has been declared by the United States Veterans Administration, or its successor, to have a service-connected disability or that the veteran shall have been declared to have died in active service in time of war; 4. That the veteran is or would have been entitled to the exemption at the time of death; 5. The claimant is a resident of the state of New Jersey and has not remarried. In determining a grant of a municipal tax exemption under this section, the City will pro-rate the exemption for the remainder of the year in which application is made from the date the application is submitted to the City of Hackensack’s Tax Assessor. There shall be no further retroactive refund granted, regardless of the disability date determination of the United States Veterans Administration. 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. 12/19/2023 10 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. 463-23 INTRODUCTION OF ORDINANCE NO. 51-2023, AN ORDINANCE AMENDING CHAPTER 52 OF THE CODE OF THE CITY OF HACKENSACK, “ANIMALS,” TO REQUIRE MULTIPLE DWELLINGS TO MAINTAIN A REGISTRY OF LICENSED DOGS KEPT ON THE PROPERTY BE IT RESOLVED that the above ordinance, being Ordinance 51-2023 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 January 9, 2024 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. 51-2023 AN ORDINANCE AMENDING CHAPTER 52 OF THE CODE OF THE CITY OF HACKENSACK, “ANIMALS,” TO REQUIRE MULTIPLE DWELLINGS TO MAINTAIN A REGISTRY OF LICENSED DOGS KEPT ON THE PROPERTY WHEREAS, the City of Hackensack has established comprehensive regulations governing the licensing of dogs along with associated rules for dog owners, which are contained in Chapter 52 of the Code of the City of Hackensack; and, WHEREAS, the City is concerned that in the event that there is a circumstance where it is necessary for health and safety purposes to promptly identify a dog that is owned, kept or harbored within a multiple dwelling, such as following a dog bite or in the event of a potentially diseased animal, it is not easily able to do so, particularly in larger developments; and, WHEREAS, the City’s health professionals have recommended that legislation be enacted to require multiple dwellings to maintain an easily accessible dog registry so in the event of an emergent circumstance dog owners can be easily identified and contacted by City representatives so that appropriate health and safety action can be taken; and, 12/19/2023 11  WHEREAS, the Mayor and Council believe that this action is in the best interest of the residents of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HACKENSACK, as follows: Section 1: Section 52-15 of the Code of the City of Hackensack, “Regulations and restrictions,” is hereby amended to add a new subsection “H”, which shall read as follows (additions by underline): ARTICLE II Dogs: Licensing and Regulation §52-15 Regulations and restrictions. A through G: UNCHANGED H. For any multiple dwelling within the City of Hackensack containing six (6) dwelling units or more, the owner, managing agent or governing board of the multiple dwelling, as the case may be, shall be responsible for ensuring that any dog owned, kept or harbored by any resident of the multiple dwelling is properly licensed pursuant to this Chapter, and shall maintain a centralized written or electronic registry of all licensed dogs owned, kept or harbored at the multiple dwelling. This registry shall include the name, address and contact information of each resident owning, keeping or harboring a dog on the premises, as well as the name, age and breed of the dog, to the extent known. This registry shall be made available to any sworn officer of the City’s Police Department, any Animal Control Officer appointed or designated by the City, or any representative of the City’s Health Department upon request no later than one (1) business day of any request to review said registry. Section 2: The remainder of Chapter 52 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, 12/19/2023 12 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. 464-23 RESOLUTION AUTHORIZING TAX REFUNDS FOR STATE BOARD JUDGMENTS, OVER PAYMENTS 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 $506.28 25 58 Wolf Vespasiano LLC 2020 State Board Judgment Atty Trust Acct and 335 Jackson Ave LLC 335 Jackson Ave 331 Main St Chatham, NJ 07928 $513.77 25 58 Wolf Vespasiano LLC 2021 State Board Judgment Atty Trust Acct and 335 Jackson Ave LLC 335 Jackson Ave 331 Main St Chatham, NJ 07928 $9,500.04 75.01 6 Beattie Padovano LLC 2022 State Board Judgment 200 Market St Ste 401 94 Kansas St Montvale, NJ 07645 $9,823.15 521 16 Chiesa Shahinian & Giantomasi 2023 State Board Judgment PC Trust Account 705 Main St & 1-3 Elm Ave 105 Eisenhower Parkway Roseland, NJ 07068 $235.13 211 17 Wells Fargo Real Estate/Refund 2023 Duplicate Payment For Capilla, Fernando 65 De Witt Pl P.O. Box 14506 Des Moines, IA 50306 $3,872.56 238 5 C0FC1 Fondeur Holdings LLC 2023 Over Payment 963 Huran Rd 150 Overlook Ave C0FC1 Franklin Lakes, NJ 07417 12/19/2023 13 $473.15 403 1 Leftbank Holdings 2023 Duplicate Payment For 400 E Main St LLC 400 Main St 1200 N North Branch St Ste 150 Chicago, IL 60642 $806.64 403 3 Leftbank Holdings 2023 Duplicate Payment For 400 E Main St LLC 408-18 Main St 1200 N North Branch St Ste 150 Chicago, IL 60642 $2,171.26 429 37 Sanchez, Manuel 2023 Duplicate Payment 178 Anderson St 178 Anderson St Hackensack, NJ 07601 $3,624.33 624 23 Corelogic Tax Service 2023 Duplicate Payment Refunds for Chang, Conrad & Amy 29 So Lake Dr 3001 Hackberry Rd Irving, TX 75063 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. 465-23 RESOLUTION AUTHORIZING VETERAN TAX EXEMPTION FOR 443 WEST ANDERSON STREET WHEREAS, a property located in the City of Hackensack, known as 443 West Anderson Street, Hackensack, Block 453 Lot 62 is assessed to Crosby, Curtis & Norma; and WHEREAS, on September 22, 2023, Norma Crosby was declared 100% exempt by the Department of Veterans Affairs effective June 29, 2018; and WHEREAS, in accordance with analytic interpretation of 100% exemption case law from our Tax Attorney Chasen, Lamparello, Mallon and Capuzzo, P.C., the applicant is only eligible for a refund for taxes collected on the property from December 4, 2020 to the present date; and WHEREAS, any refund given would be at the discretion of the municipality; and WHEREAS, on October 24, 2023 Resolution # 388-23 was adopted and is now hereby negated and check number 109753 in the amount of $6,972.09 has been voided; and NOW THEREFORE, BE IT RESOLVED, that the Tax Collector is hereby authorized to cancel taxes in the amount of $27,238.89 effective December 4, 2020 through December 31, 2023, and issue a refund in the amount of $24,868.62 as follows: $681.46 prorated for the year 2020, $8,858.74 for the full year 2021, $8,356.33 for the full year 2022 and $6,972.09 for three quarters paid in 2023 for a total refund in the amount of $24,868.62, made payable to Norma Crosby. The refund check will be given to the Tax Collector for mailing. This property is 100% tax exempt for 2023. Council Intr Secon Abstai Absen Recuse Member o d Yes No n t d Von Rudenborg X 12/19/2023 14  Deputy Mayor Canestrino X X Battaglia X X Carroll X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 466-23 RESOLUTION AUTHORIZING TRANSFER OF 2023 BUDGET APPROPRIATIONS WHEREAS, various Year 2023 bills have been presented for payment this year, which bills were not covered by Year 2023 Budget Appropriations; and WHEREAS, N.J.S.A. 40A:4-58 provides that amounts in excess of appropriations over and above the amounts deemed to be necessary to fulfill the purpose of such appropriations may be transferred to appropriations deemed to be insufficient during the last two months of the budget year and the first three months of the reserve year. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Hackensack that the transfers in the amount of $905,000 be made between the Year 2023 Budget Appropriations as follows: CURRENT FUND FROM DEPARTMENT 3-01-20-100-100-100 Admin & Exec – S&W $15,000 3-01-20-105-105-100 Human Resources – S&W $5,000 3-01-20-130-130-100 Finance – S&W $20,000 3-01-20-150-150-200 Tax Assessment – OE $60,000 3-01-22-195-195-100 UCC Building Inspection – S&W $15,000 3-01-23-220-220-200 General Liability Insurance – OE $100,000 3-01-25-240-240-100 Police – S&W $220,000 3-01-25-240-243-100 Communication Operators – S&W $10,000 3-01-25-265-265-100 Fire – S&W $160,000 3-01-25-265-266-100 Fire Prevention – S&W $60,000 3-01-26-300-300-100 DPW Admin – S&W $100,000 3-01-26-305-305-200 Garbage / Trash – OE $20,000 3-01-27-340-340-200 Animal Control – OE $10,000 3-01-28-375-375-200 Parks / Playgrounds – OE $10,000 3-01-36-472-472-200 Social Security $30,000 3-01-43-490-490-100 Municipal Court – S&W $70,000 Total - $905,000 TO DEPARTMENT 3-01-20-165-165-200 Project Management – OE $85,000 3-01-23-210-210-200 Group Health Insurance $800,000 3-01-25-240-240-200 Police – OE $10,000 3-01-31-461-461-200 Fire Hydrants – OE $10,000 Total - $905,000 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. 467-23 12/19/2023 15  RESOLUTION AWARDING CHANGE ORDER #1 TO NEGLIA ENGINEERING - SUMMIT AVE. / PASSAIC ST. TRAFFIC SIGNAL IMPROVEMENTS WHEREAS, the City of Hackensack desires to increase pedestrian safety at the intersection of Summit Ave. and Passaic St. by surveying the existing conditions and designing improvements which may include the possible relocation of utility poles or sewers, new curbing, and traffic striping, and requires engineering services for the coordination of these efforts; and WHEREAS, the City awarded a contract to Neglia Engineering in the amount not to exceed $34,600 on June 28, 2022 as per Resolution #306-22; and WHEREAS, during construction additional coordination with PSE&G was required and additional requests were made by Bergen County for design submissions and post-construction certifications, all of which were beyond the scope of thew original contract; and WHEREAS, the City Manager now recommends the awarding of Change Order #1 in the amount not to exceed $17,300 for this additional work. 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 Change Order #1 in the amount not to exceed $17,300 bringing the total contract award to $51,900 for the engineering services required for the Summit Ave. / Passaic St. Intersection 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 C-04-21-038-000-300. 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. 468-23 RESOLUTION AUTHORIZING THE CANCELLATION OF STALE & OUTSTANDING CHECKS WHEREAS, the City of Hackensack has carried on its book balance, several stale and outstanding checks which are over six months old; and WHEREAS, it is necessary to cancel these stale and outstanding checks in order to return these funds to the respective Operations account of the Current Fund or appropriate Trust Fund. 12/19/2023 16  NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack, that the following stale and outstanding checks are hereby cancelled: Current Account 103805 $2,000.00 104323 $6,164.04 104394 $190.00 104725 $237.20 104739 $70.60 105288 $70.60 105483 $70.60 105710 $70.60 106073 $60.00 106275 $70.60 Payroll Agency Account 16096 $4,945.00 16387 $8,116.85 Parking Operating Account 4156 $165.71 Other Trust Account 2909 $52.93 6162 $350.00 6222 $30.00 6267 $1,987.64 Developers’ Escrow Account 2405 $6,688.59 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. 469-23 RESOLUTION AWARDING PROFESSIONAL SERVICE AGREEMENT TO CLEARY, GIACOBBE, ALFIERI, JACOBS LLC AS CITY ATTORNEY WHEREAS, it is necessary for the City of Hackensack ("City") to engage the services of a City Attorney; and, WHEREAS, N.J.S.A. 40A:11-1 et seq. exempts professional service services from certain requirements of public bidding provided a notice of the appointment be printed in a newspaper of general circulation within the municipality; and, WHEREAS, the City did undertake a competitive process to select a City Attorney and solicited Requests for Qualifications for the year 2023/2024; and, WHEREAS, the City has determined that the proposal submitted by Cleary, Giacobbe, Alfieri, Jacobs LLC will be the most advantageous to the City, all relevant factors considered; and, 12/19/2023 17  WHEREAS, the City has previously qualified Cleary, Giacobbe, Alfieri, Jacobs LLC as City Attorney for the year 2023/2024 via Resolution #319-23; and, WHEREAS, the City has received a Business Registration Certificate and Stockholder Disclosure from the firm prior to entering into a contract; and, WHEREAS, the Chief Financial Officer has certified the availability of funds in budget account 3-01-20-155-155-201 as an express condition of this contract. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hackensack that said City Attorney be and is hereby appointed for the years 2023/2024; and, BE IT FURTHER RESOLVED, that compensation for said City Attorney for the years 2023/2024 shall be claimed, approved and paid in the manner set forth in N.J.S.A. 40A:5-16 and pursuant to a professional service agreement to be entered between the parties; and, BE IT FURTHER RESOLVED, that the maximum dollar amount of this contract is reasonably estimated to be $210,000 over the contract term plus litigation; however, the local unit is not obligated to spend this amount; and, BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to sign the agreement on behalf of the City, which shall be available for public inspection in the office of the City Clerk; and, BE IT FURTHER RESOLVED, that the City Clerk shall cause a notice of the adoption of this resolution to be printed in a qualified newspaper within ten (10) days after passage hereof. Council Intr Secon Abstai 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. 470-23 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 $ 747,494.67 Grants 1,957.02 Payroll 2,198,254.06 Public Parking System 2,715.54 Capital 1,263,867.81 Escrow 60,554.55 Trust Account 18,691.29 Total Expenditures 4,293,534.91 Interfunds/Transfers $ 7,581,047.64 12/19/2023 18  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. 471-23 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 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 All Access Community Bergen Sustainability $ 49,324.00 Development Corporation Food Program Johnson Public Library Elevator $100,000.00 Marble Jam Kids Heart Life Health & Wellness $ 40,000.00 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 12/19/2023 19  CITY OF HACKENSACK RESOLUTION NO. 472-23 RESOLUTION AUTHORIZING BOARD AND COMMISSION RE-APPOINTMENTS AND NEW APPOINTMENTS BE IT RESOLVED, by the Mayor and Council of the City of Hackensack that the following re-appointments and new appointments be made for a term beginning on January 1, 2024. ACCESS TO ALL: Three Year Term: David Dungey Hanneh Kalyoussef CONDO COOP BOARD: Three Year Term: Joanne Ehman Thomas Casey Dorothy Monopoli Martin Smith Edward Schultz Gerald Weber Darlene Williams ENVIRONMENTAL COMISSION: Three Year Term: Jennylyn Brown, Chairperson Janet Wicka Richard Lo Pinto Joel Dawkins GREEN TEAM: One Year Term: Rosa Ramirez Joel Dawkins Jennylyn Brown Pedra DelVechio Janet Wicka Richard LoPinto Albert Dib Mark Olson, Associate Member Leslie Olson, Associate Member HOUSING AUTHORITY: Five Year Term: Blanche Stuart LIBRARY BOARD: Five Year Term: Cindi Ortiz Amanda Missey PLANNING BOARD: One Year Term (Class II Member): Albert Dib Four Year Term: Ralph Contini Michael Allegretta Two Year Term: Isidor Prifti, Alternate RECREATION BOARD: Five Year Term: Darryl Smith 12/19/2023 20  RENT STABILIZATION BOARD: Three Year Term: Venus Nelson STIGMA FREE ADVISORY BOARD: Three Year Term: Paul Nickles Rose Frontignano ZONING BOARD: Four Year Term: Mike Jones Two Year Term: Sophelia Spaeth, Alternate Press Iyamu, Alternate VETERANS ADVISORY BOARD: Three Year Term: Ariel Jacon Luna 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. 473-23 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: $225.00 I.C.081723 August 17, 2023 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. 474-23 RESAOLUTION AUTHORIZING RELEASE OF ESCROW FUNDS – 359-375 MAIN STREET WHEREAS, a request has been received for the release of any remaining escrow funds for the project known as 359-375 Main St.; and WHEREAS, the Chief Financial Officer has determined that the balance of escrow funds remaining for this project is $1,939.09; and 12/19/2023 21  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 $1,939.09 to 359 Main MF 2020-Q, LLC of 21 South St., Morristown, NJ 07960. 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. 475-23 RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR GRANTS MANAGEMENT CONSULTANT TO MILLENNIUM STRATEGIES WHEREAS, the City of Hackensack requires a consultant to apply for grants as well as providing guidance and support for the City’s various grant opportunities and programs; and WHEREAS, proposals were solicited and received on September 15, 2023 and reviewed by an Evaluation Committee; and WHEREAS, it was determined that the proposal from Millennium Strategies, LLC was determined to be the most advantageous to the City in light of cost, experience and other factors. NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack, County of Bergen, as follows: 1. Millennium Strategies, LLC of 60 Roseland Ave. Caldwell, NJ 07006 is hereby awarded a two-year contract in the amount not to exceed $5,000 per month in accordance with the specifications advertised thereof. 2. The Chief Financial Officer has certified the availability of funds for the said contract in budget account 3-01-20-165-165-213 for the purchases authorized in this resolution as an express and mandatory condition of the award of this contract. Said contract to be contingent upon the appropriations in future years. 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 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 12/19/2023 22  CITY OF HACKENSACK RESOLUTION NO: 476-23 RESOLUTION CONCURRING WITH PLANNING BOARD’S REDEVELOPMENT INVESTIGATION FINDINGS REGARDING BLOCK 407.01, LOT 38 (299 MAIN STREET) AND DESIGNATING IT AS AN AREA IN NEED OF REDEVELOPMENT FOR NON-CONDEMNATION PURPOSES WHEREAS, on October 3, 2023, pursuant to N.J.S.A. 40A:12A-6, by Resolution No. 377-23, the Municipal Council of the City of Hackensack (the “City”) authorized and requested the Planning Board to undertake a preliminary investigation (the “Investigation”) to determine whether Block 407.01, Lot 38 (299 Main Street) (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 December 13, 2023, 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 constitute 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 October 2023 (the “Investigation Report”), which is attached hereto and made part hereof as Exhibit A; and WHEREAS, the Investigation Report concludes that the Area of Investigation does not evidence conditions and characteristics that qualify it as an “area in need of redevelopment” under N.J.S.A. 40A:12A-5, but pursuant to N.J.S.A. 40A:12A-3, its inclusion is necessary for the effective redevelopment of the rest of the block it is part of, all of which has previously been designated pursuant to various criteria under N.J.S.A. 40A:12A-5; and WHEREAS, the hearing was opened to all persons from the public who were generally interested in or would be affected by a finding that the property within the Area of Investigation constitutes an area in need of redevelopment under N.J.S.A. 40A:12A-3; and WHEREAS, on December 13, 2023, the Planning Board received uncontested testimony from Mr. Reiner providing a first-hand account of the conditions that he observed during his exhaustive examination of the property within the Area of Investigation, which confirmed the description of the conditions and his findings contained in the Investigation Report; and WHEREAS, on December 13, 2023, 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 fact that the Area of Investigation is necessary to effectuate the redevelopment of the surrounding properties pursuant to N.J.S.A. 40A:12A-3. NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of Hackensack in the County of Bergen, State of New Jersey that it hereby adopts the above recitals, findings of the Planning Board and the Investigation Report attached hereto as Exhibit A prepared by DMR Architects as if set forth fully herein, therefore, determining and hereby declaring that the Area of Investigation consisting of Block 407.01, Lot 38 is hereby determined to be a non-condemnation area in need of redevelopment according to N.J.S.A. 40A:12A-3. BE IT FURTHER RESOLVED that pursuant to N.J.S.A. 40A:12A-6(b)(5)(c), the City Clerk is hereby authorized and directed to transmit a certified copy of this Resolution to the Commissioner of the Department of Community Affairs for review. BE IT FURTHER RESOLVED that pursuant to N.J.S.A. 40A:12A-6(b)(5)(d), the City Clerk is hereby authorized and directed to transmit a certified copy of this Resolution upon all record owners of the properties located within the delineated Area of Investigation as those names are listed within the official Tax Assessor’s records within 10 days of the adoption hereof. BE IT FURTHER RESOLVED that pursuant to N.J.S.A. 40A:12A-6(b)(5)(d), the City Clerk is hereby authorized and directed to transmit a certified copy of this Resolution upon each person, if any, who filed a written objection and stated in such submission and address to which notice of this determination may be sent. BE IT FURTHER RESOLVED that that a certified copy of this Resolution and underlying documents shall be available for public inspection during regular business hours at the Office of the City Clerk. Council Intr Secon Abstai Absen Recuse Member o d Yes No n t d Von Rudenborg X Deputy Mayor Canestrino X X 12/19/2023 23  Battaglia X X Carroll X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO: 477-23 RESOLUTION CONCURRING WITH PLANNING BOARD’S REDEVELOPMENT INVESTIGATION FINDINGS REGARDING BLOCK 76, LOTS 45 AND 7.03 (111 ESSEX STREET AND 142-144 KANSAS STREET) AND DESIGNATING IT AS AN AREA IN NEED OF REDEVELOPMENT FOR NON-CONDEMNATION PURPOSES WHEREAS, on October 24, 2023, pursuant to N.J.S.A. 40A:12A-6, by Resolution No. 398-23, the Municipal Council of the City of Hackensack (the “City”) authorized and requested the Planning Board to undertake a preliminary investigation (the “Investigation”) to determine whether Block 76, Lots 45 and 7.03 (111 Essex Street and 142-144 Kansas Street) (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 December 13, 2023, 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 constitute 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 November 2023 (the “Investigation Report”), which is attached hereto and made part hereof as Exhibit A; and WHEREAS, the Investigation Report opines that the Area of Investigation evidences conditions and characteristics that qualify the Area of Investigation as an “area in need of redevelopment” because it collectively satisfies the “d” statutory criteria of the LRHL under N.J.S.A. 40A:12A-5; and WHEREAS, in its entirety, the Investigation Report demonstrates that the cumulative effects of the negative conditions existing upon the property located within the Area of Investigation is having a decadent effect on the surrounding properties, which is demonstrated through the pictures, narrative, City records and uncontested testimony of Mr. Reiner, showing that many of the properties in the immediate vicinity are in visual need of repair or are vacant; and WHEREAS, the hearing was opened to all persons from the public who were generally interested in or would be affected by a finding that the property within the Area of Investigation constitutes an area in need of redevelopment under N.J.S.A. 40A:12A-5 and N.J.S.A. 40A:12A-3; and WHEREAS, on December 13, 2023, the Planning Board received uncontested testimony from Mr. Reiner providing a first-hand account of the conditions that he observed during his exhaustive examination of the property within the Area of Investigation, which confirmed the description of the conditions and his findings contained in the Investigation Report; and WHEREAS, on December 13, 2023, 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. NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of Hackensack in the County of Bergen, State of New Jersey that it hereby adopts the above recitals, findings of the Planning Board and the Investigation Report attached hereto as Exhibit A prepared by DMR Architects as if set forth fully herein, therefore, determining and hereby declaring that the Area of Investigation consisting of Block 76, Lots 45 and 7.03 is hereby determined to be a non-condemnation area in need of redevelopment according to the criteria set forth under N.J.S.A. 40A:12A-5 and N.J.S.A. 40A:12A-3. BE IT FURTHER RESOLVED that pursuant to N.J.S.A. 40A:12A-6(b)(5)(c), the City Clerk is hereby authorized and directed to transmit a certified copy of this Resolution to the Commissioner of the Department of Community Affairs for review. 12/19/2023 24  BE IT FURTHER RESOLVED that pursuant to N.J.S.A. 40A:12A-6(b)(5)(d), the City Clerk is hereby authorized and directed to transmit a certified copy of this Resolution upon all record owners of the properties located within the delineated Area of Investigation as those names are listed within the official Tax Assessor’s records within 10 days of the adoption hereof. BE IT FURTHER RESOLVED that pursuant to N.J.S.A. 40A:12A-6(b)(5)(d), the City Clerk is hereby authorized and directed to transmit a certified copy of this Resolution upon each person, if any, who filed a written objection and stated in such submission and address to which notice of this determination may be sent. BE IT FURTHER RESOLVED that that a certified copy of this Resolution and underlying documents shall be available for public inspection during regular business hours at the Office of the City Clerk. 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: 478-23 RESOLUTION AUTHORIZING LICENSE AND RIGHT OF ENTRY AGREEMENT FOR PROSPECTIVE REDEVELOPER TO CONDUCT DUE DILIGENCE ON CITY OWNED PROPERTY LOCATED UPON BLOCK 500.01, LOTS 78 AND 82 (112-120 HACKENSACK AVENUE) WHEREAS, the City of Hackensack (the “City”) is the owner of certain real property designated as Block 500.01, Lots 78 and 82 (112-120 Hackensack Avenue) as shown on the official tax map of the City (the “Property”); and WHEREAS, on December 8, 2015, pursuant to Resolution No. 515-15, the Municipal Council of the City directed the Planning Board to conduct a preliminary investigation to determine whether an area including the Property 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 January 13, 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, including the Property, be designated as an area in need of redevelopment; and WHEREAS, on February 23, 2016, pursuant to Resolution No. 73-16, the Municipal Council determined that the area of investigation, including the Property, is an area in need of redevelopment as part of the City’s scattered sites designation; and WHEREAS, a prospective redeveloper, Esther Realty LLC, has requested access to the Property to conduct preliminary environmental due diligence in anticipation of being designated the redeveloper of the Property upon the adoption of a redevelopment plan. NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of Hackensack in the County of Bergen, State of New Jersey that the City Manager is hereby authorized and directed to execute the License and Right of Entry Agreement attached hereto as Exhibit A with Esther Realty LLC. Council Intr Secon Abstai Absen Recuse Member o d Yes No n t d Von Rudenborg X Deputy X X 12/19/2023 25  Mayor Canestrino Battaglia X X Carroll X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO: 479-23 RESOLUTION AUTHORIZING LEAVE OF ABSENCE FOR FRANCES TORRES, PUBLIC SAFETY TELECOMMUNICATOR TRAINEE, FROM DECEMBER 8, 2023 THROUGH MARCH 9, 2024 WHEREAS, Frances Torres, Public Safety Telecommunicator Trainee in Communications – Police, has requested a Leave of Absence without pay for three months for personal reasons as noted in the Employee Handbook under the Leave of Absence Policy, and WHEREAS, City Manager Vincent J. Caruso has determined that this employee be granted a Leave of Absence for three months, commencing Friday, December 08, 2023 and terminating Saturday, March 09, 2024. NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Hackensack, that Frances Torres, Public Safety Telecommunicator Trainee, be granted a Leave of Absence for three months, 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. Public Comment A motion to open the meeting to the public was offered by Deputy Mayor Canestrino and seconded by Councilman Battaglia. Ludowka Idigo – I live at 369 park street and next door the neighbor had a medical emergency four years ago and doesn’t live there anymore. Migrants come there. The building is not kept, there are critters everywhere, the landscaping is overgrown. With the rain and wind and weather issues there has been damage to our property. Two weeks ago, a branch barely missed the car. We have been calling the city for the past few years and nothing has happened. Today code officers came over and sealed the building but we are still dealing with landscaping. Winter is going to come and I don’t want trees to fall. One actually hangs over the street. We want to get it expedited and we have called, emailed, done everything. Rich Cerbo - The storm we had the other night was a nice storm. There were trees and branches everywhere. There are problem trees everywhere. I have them, neighbors have them but the cost of maintaining the trees is prohibitive. Why not have the tree department allow for homeowners to submit something to apply for help to get some of the trees trimmed on your property. The tree department is a great department so I know they have work to do but it’s a good idea to allow them to help out. I was reading about the Board of Ed. I know they separated the two entities years ago but once the degrees pile up in education and you get paid for that, it is ridiculous. The Superintendent in our district to be earning that kind of money is ridiculous. A lot of salaries are out of hand and its driving inflation. 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 12/19/2023 26 Councilwoman Von Rudenborg – I want to thank the DPW, police, fire for work with Sundays storm. I don’t think that much was expected and we weren’t really prepared for it. I appreciate all the work. Congrats to the new police sworn in tonight. Thank you for your dedication to the City. Congrats to Ann Bowen on retirement. I serve as liaison to the Library Board and she put a lot of time in. Wishing everyone a Happy Hannukah, Kwanza, and Christmas and a heathy new year. We had a lot of fun the past year and got through a lot. I except 2024 be an even better year. Deputy Mayor Canestrino – We swore in eight new police officers tonight, they are a wonderful addition to our police department. We appreciate all the new faces and members to support them as well. On the agenda tonight was some parking regulations in area of HUMC where we need more parking there, it was a small change. 299 Main Street was on the agenda, this is the west side between Berry and Camden. On here also was the investigation for 111 Essex which will be 67 affordable housing units and will help bolster our affordable housing. 67 fully affordable units is a wonderful project. White manna, where would we be without them? They had concerns about their lease for the land they use so they are looking to buy their own piece of property and looking to move on River Street further north near Burger King. I think we are all happy to keep them. Happy holidays to everything we celebrate, Christmas, Kwanza, Hannukah, I look forward to great year ahead with lots of changes. Councilman Battaglia – Congrats to the new police officers. Thank you to the Police and DPW for working through the storm. I have been working to improve the City of Hackensack for the last ten years. The City has improved a lot and will continue to work same way with the parks and streets. They use Hackensack as an example for the sewer separation. Every meeting I say this but electric bikes continue to be a problem. The high-rise apartments have to be careful with charging the bikes. They can blow up. Yesterday there was another fire from them in New York City. Happy Kwanza, Hannukah, and Christmas. Thank you for coming. Councilman Carroll – Congrats to the eight new officers, I wish them a great future with the City of Hackensack. For those who haven’t had the opportunity to shop and visit Main Street with the free parking, please do so. We had a wonderful holiday celebration at the HACPAC with the children. It was well attended. The kids had fun and Santa was there. It was a great experience. I want to wish everyone a happy holiday and new year. Mayor Labrosse – Congrats to the eight new officers. There is a lot to look forward to here in Hackensack. I attended the Christmas Caper directed by Mr. Liosi. It is an on-going tradition in Hackensack. It was a great show and the kids had a blast. I didn’t get a chance to go to the kids Christmas party. Electric bikes are beginning to be a problem. I deal with some New York City firefighters who attest to how dangerous the batteries are, especially the aftermarket ones. Even the electric cars with batteries can take a building down especially if there is a parking garage with a building on top. It is dangerous and we will probably see something in the next year or two with new State guidance. Hopefully the NFPA will come up with something. We move forward with these things and don’t see the dangers. There is free parking on Main Street which is great but also helps businesses on Main Street. We need to create an economic engine to support local businesses. I drove down last week and it was a Friday night at 6 or 7 PM and I saw only 4 empty spots. Years ago, there would be no one on Main Street. It was great to see. No one is happier than me that White Manna is staying in Hackensack. I’ve been known to visit there. I am happy for another year with the City Attorney. We confirmed him for another term tonight. I want to wish everyone a Merry Christmas, Hannukah, Kwanza. The storm was pretty bad and scary. Thank you to 12/19/2023 27 everyone who worked through the storm: police, fire, DPW, trees. Have a wonderful holiday and we will see you next year. There being no further business the meeting was adjourned at 8:56 PM. Approved by Mayor and Council on January 23, 2024. _____________________________________ Mayor John P. Labrosse, Jr. ____________________________________ Deputy Mayor Kathleen Canestrino _____________________________________ Councilman Leonardo Battaglia ___________________________________ Councilwoman Stephanie Von Rudenborg ______________________________________ Councilman Gerard Carroll ____________________________________ City Clerk Deborah Karlsson, RMC 12/19/2023 28