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, March 5, 2024 at 8:08 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 absent. Deputy City Manager Jaclyn Hashmat 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 – Women’s History Month Youth Art Month Approval of Minutes – A motion to approve the Executive, C.O.W., and Regular Meeting Minutes from February 20, 2024 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 The Johnson Public Library has launched a program called Books by Mail. Through this program, participating patrons who are homebound or with a disability will receive a bag of two to four library books and/or audio books through the mail. Once they are ready, they can return the materials in the same bag free of cost and the library will send them a new batch of material. Please refer to the website or contact the library direct for application information. Our community garden registration is now open for residents. Please call or visit the recreation department for assistance. Also, the recreation department is hosting our annual Easter egg hunt on March 27 at Johnson Park. Please refer to social media postings for your designated times for your children. Lastly, in recognition of Women’s History Month, I would like to recognize and thank all the women I work with and who I admire their leadership and supported roles. Learning from one another is what empowers us to be the best we can be. Thank you. 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: 72-24 03/05/2024 1  FINAL ADOPTION OF ORDINANCE NO. 09-2024 AN ORDINANCE AMENDING CHAPTER 93 OF THE CODE OF THE CITY OF HACKENSACK, “GARBAGE, RUBBISH AND REFUSE,” TO CLARIFY RESPONSIBILITY FOR COMPLIANCE WITH THE PROVISIONS CONTAINED THEREIN 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. 09-2024 has passed its second and final reading and is hereby adopted. CITY OF HACKENSACK ORDINANCE NO. 09-2024 AN ORDINANCE AMENDING CHAPTER 93 OF THE CODE OF THE CITY OF HACKENSACK, “GARBAGE, RUBBISH AND REFUSE,” TO CLARIFY RESPONSIBILITY FOR COMPLIANCE WITH THE PROVISIONS CONTAINED THEREIN WHEREAS, the City’s regulations relating to garbage, rubbish and refuse are set out in Chapter 93 of the Code of the City of Hackensack; and, WHEREAS, the City Council has been advised by its professionals that clarification regarding the joint and several responsibilities for owners, tenants and other applicable parties to comply with the regulations contained in Chapter 93, as well as confirming the duty of occupants to report unauthorized dumping in front of their properties, will aid in the effective enforcement of those regulations, and believes such clarification is necessary and warranted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HACKENSACK, as follows: Section 1: Chapter 93, Section 4 of Code of the City of Hackensack, “Enforcement,” is renamed “Duties and Enforcement,” and is hereby amended to now read as follows (additions by underline): § 93-4 Duties and Enforcement. A. Except where specifically otherwise provided herein, owners, agents of owners, managing agents and superintendents shall each have the duties imposed by this article. No person shall be relieved from any duty herein by reason of the fact that an occupant or other person shall have the same or similar duties or shall have failed to report a violation; nor shall any person be relieved of liability by the terms of any lease or agreement. B. An occupant shall be liable for violations of this article to the extent that he or she has the power to prevent a violation or assist in abating a violation. Occupants shall be deemed to have the power to abate a violation if the violation is caused by their own act or the act of a member of their family or household or their guests. 03/05/2024 2  C. The Division of Sanitation of the Department of Public Works within the City of Hackensack along with those inspectors designated by the City Manager shall be the enforcement authority charged with the responsibility of enforcing the provisions of this article. Section 2: Chapter 93, Section 7 of Code of the City of Hackensack, “Collection Regulations,” is hereby amended to now read as follows (additions by underline): § 93-7 Collection Regulations. A In general. [NO CHANGES]. B. Material preparation. [NO CHANGES]. C. Containers regulated; provision of containers; maximum pickup; exceptions. [NO CHANGES]. D. Collection. (1) Collection shall be on such days and at such times and hours as shall be designated by the City Manager. The frequency of garbage collection shall be no less than once per week. (2) Except as otherwise provided herein, all materials shall be set out for collection at the curb no earlier than 6:00 p.m. on the night before the scheduled collection, and all receptacles shall be returned to an appropriate storage area by 8:00 p.m. on the day of collection. (3) Receptacles shall not be stored within the required side or rear yards established in Chapter 175 of the Code, unless properly screened from the adjacent property. Any receptacles stored in the front yard shall be screened from public view by an appropriate enclosure, fence or evergreen planting. (4) In order to assure that all the residents seeking disposal of heavy trash items and garden refuse can be serviced once a week, there shall be no more than two large items of furniture or two cubic yards of miscellaneous debris or garden refuse placed at the curb for collection for any one weekly collection day. (5) Occupants shall have an affirmative duty to promptly report to the Department of Public Works in person at its offices, via telephone, or via an electronic mail address that shall be established by the Department of Public Works and publicized on the City’s website, in the event that any garbage, rubbish, garden refuse, recyclable materials or heavy trash has been placed outside of the occupant’s property for collection without the occupant’s authorization. If an occupant fails to do so, in the event of a violation of any provision of this article, the City shall be entitled to a rebuttable presumption that the occupant of the property is personally responsible for the violation. E. Acts prohibited. It shall be unlawful. [NO CHANGES]. F. Non collectible items. [NO CHANGES]. Section 3: The remainder of Chapter 93 of the Code of the City of Hackensack shall remain unchanged. Section 4: Repeal of Inconsistent Provisions. All ordinances or parts thereof in conflict or inconsistent with this Ordinance are hereby repealed, but only however, to the extent of such conflict or inconsistency, it being the legislative intent that all ordinances or part of ordinances now existing or in effect unless the same being conflict or inconsistent with any provision of this Ordinance shall remain in effect. Section 5: 03/05/2024 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 6: Codification. This Ordinance shall be a part of the Code of the City of Hackensack as though codified and fully set forth therein. The City Clerk shall have this ordinance codified and incorporated in the official copies of the Code. The City Clerk and the City Attorney are authorized and directed to change any Chapter, Article and/or Section number of the Code of the City of Hackensack in the event that the codification of this Ordinance reveals that there is a conflict between the numbers and the existing Code, and in order to avoid confusion and possible accidental repealers of existing provisions not intended to be repealed. Section 7: This Ordinance shall take effect upon passage, adoption, and publication in the manner prescribed by law. Council Intr Secon Abstai Absen Recuse Member o d Yes No n t d Von Rudenborg X Deputy Mayor Canestrino X X Battaglia X X Carroll X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 73- 24 INTRODUCTION OF ORDINANCE NO. 06-2024, AN ORDINANCE TO AMEND CHAPTER 107 OF THE CODE OF THE CITY OF HACKENSACK, “LICENSES AND PERMITS” ESTABLISHING RECREATION DEPARTMENT FEES BE IT RESOLVED that the above ordinance, being Ordinance 06-2024 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 March 19, 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. 06-2024 AN ORDINANCE TO AMEND CHAPTER 107 OF THE CODE OF THE CITY OF HACKENSACK, “LICENSES AND PERMITS” ESTABLISHING RECREATION DEPARTMENT FEES WHEREAS, Chapter 107 of the Code of the City of Hackensack (“City Code”), “Licenses and Permits,” sets forth in Attachment 2 an enumeration of fees for various permits and activities; and, 03/05/2024 4  WHEREAS, currently, Attachment 2 to Chapter 107 establishes certain fees for the use of City- owned recreational fields and facilities; and, WHEREAS, upon recommendation of the City Manager and the City’s recreation professionals, the City Council has determined to add all Recreation program fees into the City Code for resident and non-resident use. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HACKENSACK, as follows: Section 1: Attachment 2 to Chapter 107 of the City Code is hereby amended to establish a fee schedule for M&M Recreation Center Programs as follows (additions by underline): Recreation Department fees: Middle School Open Gym: Resident: $0 Non-Resident: N/A High School Open Gym: Resident: $0 Non-Resident: N/A Adult Open Gym: Resident $0 Non-Resident:$25 daily Zumba Kids: Resident: $40 Non-Resident: $40 Zumba Kids Jr.: Resident: $0 Non-Resident: $40 Coding Class: Resident: $0 Non-Resident: $0 Dance And Tumble: Resident: $40 Non-Resident: $40 Karate: Resident: $79 Non-Resident: $79 Junior Golf: Resident: $105 Non-Resident: $105 Story Time Movements & Dance: Resident: $40 Non-Resident: $40 Youth Tennis: (1 session/week, 2 session) Resident: $85/170 Non-Resident: $85/170 Flag Football Clinic: Resident: $90 Non-Resident: $90 Basketball Competitive Skills Clinic: Resident: $75 Non-Resident: $75 Writing and Painting Class: Resident: $70 Non-Resident: $70 Jr Wrestling: Resident: $100 Non-Resident: $100 Youth Basketball: Resident: $75 Non-Resident: $95 Youth Indoor Track & Field: Resident: $50 Non-Resident: $85 Youth Spring Track & Field: Resident: $75 Non-Resident: $115 Recreation Baseball & Softball: Resident: $75 Non-Resident: $95 Jr. Comets Football: Resident: $75 Non-Resident: $150 Jr. Cheerleading (New/Returning): Resident: $50/$130 Non-Resident: $50/$130 Adult Volleyball: $10 per session 03/05/2024 5  Summer Playground Camp (Carver/Polifly/Staib): $525 Summer Extended Day Camp (Foschini): $825 Summer Adventure Camp (Columbus): $525 Summer Theater Camp (HACPAC): $525 Robotics Summer Camp: $0 Section 2: All other fees provided for in Attachment 2 to Chapter 107 of the City Code not specifically referenced in this Ordinance 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 City Code. The City Clerk and the City Attorney are authorized and directed to change any Chapter, Article and/or Section number of the City Code in the event that the codification of this Ordinance reveals that there is a conflict between the numbers and the existing City 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. 74-24 INTRODUCTION OF ORDINANCE NO. 10-2024, AN ORDINANCE ADDING A NEW CHAPTER, CHAPTER 139, OF THE CODE OF THE CITY OF HACKENSACK “SALT 03/05/2024 6  STORAGE, PRIVATELY OWNED” TO COMPLY WITH STATE DEP REQUIREMENTS BE IT RESOLVED that the above ordinance, being Ordinance 10-2024 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 March 19, 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. 10-2024 AN ORDINANCE ADDING A NEW CHAPTER, CHAPTER 139, OF THE CODE OF THE CITY OF HACKENSACK “SALT STORAGE, PRIVATELY OWNED” TO COMPLY WITH STATE DEP REQUIREMENTS WHEREAS, the City’s professionals have advised the City Council that the New Jersey Department of Environmental Protection (“DEP”) has required municipalities adopt legislation addressing privately owned salt storage to comply with DEP stormwater regulations; and, WHEREAS, the salutary purpose of this ordinance is to prevent stored salt and other solid de- icing materials from being exposed to stormwater; and, WHEREAS, this ordinance establishes requirements for the storage of salt and other solid de- icing materials on residential and other private property not owned or operated by the City of Hackensack, in order to protect the environment, public health, safety and welfare, and to prescribe penalties for failure to comply. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HACKENSACK, as follows: Section 1: A new Chapter 139 of the Code of the City of Hackensack, “Salt Storage, Privately Owned,” is hereby established and shall read as follows: § 139-1 Definitions. As used in this chapter, the following terms shall have the meanings indicated: DEICING MATERIALS Any granular or solid material such as melting salt or any other granular solid that assists in the melting of snow. IMPERVIOUS SURFACE A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water. PERMANENT STRUCTURE A permanent building or permanent structure that is anchored to a permanent foundation with an impermeable floor, and that is completely roofed and walled (new structures require a door or other means of sealing the access way from wind driven rainfall). A fabric frame structure is a permanent structure if it meets the following specifications: 03/05/2024 7  1. Concrete blocks, jersey barriers or other similar material shall be placed around the interior of the structure to protect the side walls during loading and unloading of de- icing materials; 2. The design shall prevent stormwater run-on and run through, and the fabric cannot leak; 3. The structure shall be erected on an impermeable slab; 4. The structure cannot be open sided; and 5. The structure shall have a roll up door or other means of sealing the access way from wind driven rainfall. PERSON Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction. RESIDENT A person who resides on a residential property where de-icing material is stored. STORM DRAIN INLET The point of entry into the storm sewer system. § 139-2 De-Icing Material Storage Requirements. A. Temporary outdoor storage of de-icing materials in accordance with the requirements below is allowed between October 15th and April 15th: 1. Loose materials shall be placed on a flat, impervious surface in a manner that prevents stormwater run-through; 2. Loose materials shall be placed at least 50 feet from surface water bodies, storm drain inlets, ditches and/or other stormwater conveyance channels; 3. Loose materials shall be maintained in a cone-shaped storage pile. If loading or unloading activities alter the cone-shape during daily activities, tracked materials shall be swept back into the storage pile, and the storage pile shall be reshaped into a cone after use; 4. Loose materials shall be covered as follows: a. The cover shall be waterproof, impermeable, and flexible; b. The cover shall extend to the base of the pile(s); c. The cover shall be free from holes or tears; d. The cover shall be secured and weighed down around the perimeter to prevent removal by wind; and e. Weight shall be placed on the cover(s) in such a way that minimizes the potential of exposure as materials shift and runoff flows down to the base of the pile. (1) Sandbags lashed together with rope or cable and placed uniformly over the flexible cover, or poly-cord nets provide a suitable method. Items that can potentially hold water (e.g., old tires) shall not be used; 5. Containers must be sealed when not in use; and, 6. The site shall be free of all de-icing materials between April 16th and October 14th. 03/05/2024 8  B. De-icing materials should be stored in a permanent structure if a suitable storage structure is available. For storage of loose de-icing materials in a permanent structure, such storage may be permanent, and thus not restricted to October 15th to April 15th. C. The property owner, or owner of the de-icing materials if different, shall designate a person(s) responsible for operations at the site where these materials are stored outdoors, and who shall document that weekly inspections are conducted to ensure that the conditions of this ordinance are met. Inspection records shall be kept on site and made available to the municipality upon request. 1. Residents who operate businesses from their homes that utilize de-icing materials are required to perform weekly inspections. § 139-3 Exemptions. A. Residents may store de-icing materials outside in a solid-walled, closed container that prevents precipitation from entering and exiting the container, and which prevents the de- icing materials from leaking or spilling out. Under these circumstances, weekly inspections are not necessary, but repair or replacement of damaged or inadequate containers shall occur within two (2) weeks. B. If containerized (in bags or buckets) de-icing materials are stored within a permanent structure, they are not subject to the storage and inspection requirements in § 139-2 above. Piles of de-icing materials are not exempt, even if stored in a permanent structure. C. This ordinance does not apply to facilities where the stormwater discharges from de-icing material storage activities are regulated under another NJPDES permit. § 139-4 Enforcement. This ordinance may be enforced by the Police Department, Zoning Officer, Construction Code Official or other official designated by the City Manager during the course of ordinary enforcement duties. § 139-5 Violations and Penalties. Any person(s) who is found to be in violation of the provisions of this ordinance shall have 72 hours from the date notice is provided by the City that a violation is present to complete any required corrective action to abate the violation. The failure to complete such corrective action within the mandated time frame shall subject the offender to the penalties established in Section 1-15 of the Code of the City of Hackensack. Any person who is convicted of violating any provision of this Chapter within one (1) year of the date of a previous violation and who was fined for the previous violation shall be sentenced by the Court to an additional fine as a repeat offender. 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 03/05/2024 9 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. 75-24 INTRODUCTION OF ORDINANCE NO. 11-2024, AN ORDINANCE AMENDING CHAPTER 90 OF THE CODE OF THE CITY OF HACKENSACK, “FOOD AND DRINK,” TO ALLOW FOR THE SALE OF FRESHLY PREPARED ICE CREAM AND OTHER FROZEN DESSERTS BY LICENSED ICE CREAM PEDDLERS BE IT RESOLVED that the above ordinance, being Ordinance 11-2024 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 March 19, 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. 11-2024 AN ORDINANCE AMENDING CHAPTER 90 OF THE CODE OF THE CITY OF HACKENSACK, “FOOD AND DRINK,” TO ALLOW FOR THE SALE OF FRESHLY PREPARED ICE CREAM AND OTHER FROZEN DESSERTS BY LICENSED ICE CREAM PEDDLERS WHEREAS, Chapter 90 of the Code of the City of Hackensack (“City Code”), in Article IV, addresses licensing and regulations for ice cream peddlers; and, WHEREAS, under Chapter 90 of the City Code, currently ice cream peddlers are only permitted to sell ice cream and related products in sealed containers; and, WHEREAS, the City Council is aware that the sale of freshly prepared ice cream and similar frozen desserts by ice cream peddlers is now a commonplace practice throughout New Jersey and 03/05/2024 10 believes that provided all required health and safety regulations are followed, allowing such sales will of benefit to Hackensack residents, visitors and families. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HACKENSACK, as follows: Section 1: Chapter 90, Section 25 of the City Code is amended as follows (additions by underline, deletions by strikethrough): Article IV Ice Cream Peddlers § 90-25 Regulations and Restrictions. A. It shall be unlawful for anyone engaged in the business of peddling ice cream, ice cream products, water ices or frozen confectionary products from vehicles to misrepresent the character or the quality of the merchandise offered for sale or to importune or otherwise annoy any person or persons for the purpose of effecting a sale. B. All ice cream, ice cream products, water ices and such frozen confectionary products which shall be sold or offered for sale from such vehicle shall comply with all laws and local ordinances relating to food and food products. C. Except as set forth herein, All all ice cream, ice cream products, water ices and such frozen confectionary products shall be sold or offered for sale only in sealed containers, and the filling of individual containers with ice cream, ice cream products, water ices or such frozen confectionary products in or from any such vehicle from the street or highway or any other public place is hereby prohibited. However, if a “peddler” as defined in this article has received the required license from the New Jersey Department of Health, and is in full compliance with all applicable regulations set forth in Title 8 of New Jersey Administrative Code along with all applicable provisions of the Code of the City of Hackensack, said peddler may sell and dispense ice cream and/or other frozen desserts, even if not in a sealed container, to the extent and in the manner authorized by such license. Proof of such license shall be submitted as part of the application required by this article in order to sell ice cream and/or other frozen desserts if not in a sealed container. D. It shall be unlawful for any person engaged in the business of selling or offering to sell ice cream, ice cream products, water ices or such frozen confectionary products to park any vehicle within the lines of any public street, road or other public place for the purpose of engaging in such business for a period longer than 15 minutes. No such vehicle used for conducting the business aforesaid shall be parked within 500 feet of any public or private school one hour before the opening of school or one hour after the closing of school, nor shall any such vehicle be parked within 500 feet of any public or private event where food or refreshments are sold during the time the event occurs. 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 03/05/2024 11 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. 76- 24 INTRODUCTION OF ORDINANCE NO. 12-2024, 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 BE IT RESOLVED that the above ordinance, being Ordinance 12-2024 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 March 19, 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. 12-2024 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 03/05/2024 12  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, 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 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 WHEREAS, on December 19, 2023, by Ordinance No. 47-2023, the City amended the Prospect – Railroad – Essex – Beech Redevelopment Plan by adopting an amended plan prepared by DMR and dated November 2023 (“Redevelopment Plan”); and WHEREAS, the City has directed DMR to prepare certain amendments to the Redevelopment Plan to establish new definitions and modify existing definitions in the Redevelopment Plan; 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 March 2024, prepared by DMR and attached hereto as Exhibit A and by 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. 03/05/2024 13  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. 47-2023. 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. 77- 24 INTRODUCTION OF ORDINANCE NO. 13-2024, AN ORDINANCE TO AMEND CHAPTER 175 OF THE CODE OF THE CITY OF HACKENSACK, “ZONING,” IN ORDER TO AMEND AND CLARIFY CERTAIN DEFINITIONS CONTAINED THEREIN BE IT RESOLVED that the above ordinance, being Ordinance 13-2024 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 March 19, 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. 13-2024 AN ORDINANCE TO AMEND CHAPTER 175 OF THE CODE OF THE CITY OF HACKENSACK, “ZONING,” IN ORDER TO AMEND AND CLARIFY CERTAIN DEFINITIONS CONTAINED THEREIN WHEREAS, the City of Hackensack (“City”) has adopted the Zoning Ordinance and Map of the City of Hackensack, which is codified at Chapter 175 of the Code of the City of Hackensack (“Code”); and, WHEREAS, the City Council, consistent with the recommendation of its zoning and planning professionals, finds and declares that a clarification and revision to certain definitions within the Zoning 03/05/2024 14 Ordinance is necessary in order to promote the orderly development of the City as well as its general welfare; and, WHEREAS, it is the City Council’s desire that applications seeking to deviate from established zoning requirements be reviewed by the Planning Board and/or Zoning Board of Adjustment as provided for by the Municipal Land Use Law and local law; and, WHEREAS, the City Council is empowered under its zoning authority to establish regulations for orderly development in the City of Hackensack and believes it is necessary and proper to exercise this authority as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HACKENSACK, as follows: Section 1: Section 175-2.2, “Definitions,” of the Code of the City of Hackensack (“City Code”) is hereby amended as follows (additions by underline, deletions by strikethrough): 175-2.2 Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings as herein defined. Any words not defined in this chapter shall have the meaning as defined in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. Any words not defined in either this chapter or the Municipal Land Use Law shall have the meaning as set forth in "The Complete Illustrated Book of Development Definitions, Fourth Edition" by Harvey S. Moscowitz, Carl G. Lindbloom, David Listokin, Richard Preiss and and Dwight H. Merriam (published by Transaction Publishers, a Center for Urban Policy Research Book, 2015, as updated from time to time). The words set forth herein shall be defined as follows: HEALTH CARE FACILITY A facility, institution, or medical center, whether public or private, principally engaged in providing services for health maintenance, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, including, but not limited to, a general hospital, special hospital, mental hospital, public health center, diagnostic center, treatment center, physical therapy/rehabilitation center, extended care facility, skilled nursing home, nursing home, intermediate care facility, tuberculosis hospital, chronic disease hospital, maternity hospital, outpatient clinic, dispensary of prescribed medications or medical equipment, home health care agency, boarding home or other home for sheltered care, and bioanalytical laboratory or central services facility serving one or more such institutions but excluding institutions that provide healing solely by prayer, but excluding inpatient or outpatient rehabilitation centers for substance abuse, alcohol abuse, or behavioral or mental disorders. MEDICAL OFFICE An establishment from which a licensed medical professional and their staff provide outpatient medical services including checkups, diagnosis, consultation, treatment, and other outpatient services that are customarily and typically provided in doctor and dentist offices. Medical offices shall not include hospitals, nursing homes, convalescent homes, rehabilitation centers, or in- patient medical services involving overnight stays, nor shall they include establishments providing group-based counseling or treatment for substance abuse or addiction. REHABILITATION CLINIC OR REHABILITATION CENTER A facility and the lands thereon used for the short- or long-term treatment of victims of alcohol or drug use or addiction, which may either be in-patient clinics providing care, meals, and lodging, or outpatient clinic, where treatment is provided but meals and lodging is not. Section 2: All other provisions of Chapter 175 of the City Code shall remain unchanged. Section 3: 03/05/2024 15 Pursuant to N.J.S.A. 40:55-D-64, after introduction of this Ordinance, it shall be referred to the Hackensack Planning Board for the review required by the Municipal Land Use Law, N.J.S.A. 40A:55-1 et seq., prior to the hearing on adoption of this Ordinance. Section 4: Repeal of Inconsistent Provisions. All ordinances or parts thereof in conflict or inconsistent with this Ordinance are hereby repealed, but only however, to the extent of such conflict or inconsistency, it being the legislative intent that all ordinances or part of ordinances now existing or in effect unless the same being conflict or inconsistent with any provision of this Ordinance shall remain in effect. Section 5: Severability. The provisions of this Ordinance are declared to be severable and if any section, subsection, sentence, clause or phrase thereof for any reason is held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses and phrases of this Ordinance, but shall remain in effect; it being the legislative intent this Ordinance shall stand notwithstanding the invalidity of any part. Section 6: Codification. This Ordinance shall be a part of the Code of the City of Hackensack as though codified and fully set forth therein. The City Clerk shall have this ordinance codified and incorporated in the official copies of the Code. The City Clerk and the City Attorney are authorized and directed to change any Chapter, Article and/or Section number of the Code of the City of Hackensack in the event that the codification of this Ordinance reveals that there is a conflict between the numbers and the existing Code, and in order to avoid confusion and possible accidental repealers of existing provisions not intended to be repealed. Section 7: This Ordinance shall take effect upon passage, adoption, and publication in the manner prescribed by law. Council Intr Secon Abstai Absen Recuse Member o d Yes No n t d Von Rudenborg X Deputy Mayor Canestrino X X Battaglia X X Carroll X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 78-24 RESOLUTION AUTHORIZING TAX REFUNDS FOR STATE BOARD JUDGEMENTS 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 $6,564.12 127 1 Lakeland Bank 2023 State Board Judgment 21 Main St Ste 353 9 Polifly Rd Hackensack, NJ 07601 $7,971.69 311 10 Saiber Attorney Trust 2022 State Board Judgment Account 198-200 Main St & 199 Moore 03/05/2024 16  18 Columbia Turnpike Ste 200 Florham Park, NJ 07932 $9,932.55 311 10 Saiber Attorney Trust 2023 State Board Judgment Account 198-200 Main St & 199 Moore 18 Columbia Turnpike Ste 200 Florham Park, NJ 07932 $9,722.94 232 47 Michael I Schneck 2022 State Board Judgment Trustee for Hillside 75 LLC 75 First St 23 Vreeland Ave Ste 270 Florham Park, NJ 07932 $16,914.13 232 47 Michael I Schneck 2023 State Board Judgment Trustee for Hillside 75 LLC 75 First St 23 Vreeland Ave Ste 270 Florham Park, NJ 07932 $5,758.00 333 1 Spiotti & Associates PC 2023 State Board Judgment 612 Godwin Ave 238 High St Midland Park, NJ 07432 $7,902.86 519 21 Spiotti & Associates PC 2023 State Board Judgment 612 Godwin Ave 64 Poplar Ave Midland Park, NJ 07432 $8,198.65 218 3 Di Carolis Realty Co 2022 State Board Judgment 293 Eisenhower Parkway 108-110 John St Livingston, NJ 07039 $6,903.84 218 3 Di Carolis Realty Co 2023 State Board Judgment 293 Eisenhower Parkway 108-110 John St Livingston, NJ 07039 $8,452.74 218 8 Di Carolis Realty Co 2023 State Board Judgment 293 Eisenhower Parkway 126 John St Livingston, NJ 07039 $3,584.36 218 22 Di Carolis Realty Co 2023 State Board Judgment 293 Eisenhower Parkway 123-29 Sussex St Livingston, NJ 07039 $79.00 237 2.B CG117 Rich, Julie A 2024 Duplicate Payment 301 Beech St Unit 6C 301 Beech St Unit 6 Hackensack, NJ 07601 $245,248.00 Multiple Blocks Corelogic Tax Service 2024 Duplicate Payments Attn: Refunds Department See Spreadsheet PO Box 9202 Coppell, TX 75019 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 03/05/2024 17  Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 79-24 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 $540,000 be made between the Year 2023 Budget Appropriations as follows: CURRENT FUND FROM DEPARTMENT 3-01-20-155-155-200 Legal Services – OE $30,000 3-01-25-240-240-100 Police – S&W $100,000 3-01-25-240-243-100 Communication Operators – S&W $20,000 3-01-26-130-130-200 Public Buildings & Grounds – OE $10,000 3-01-26-290-290-200 Streets & Roads – OE $10,000 3-01-26-300-300-200 DPW Admin – OE $20,000 3-01-26-311-311-200 Sewer – OE $20,000 3-01-28-375-375-200 Parks & Playgrounds – OE $10,000 3-01-30-415-416-100 Accumulated Absences – OE $300,000 3-01-31-460-460-253 Utilities – Gasoline $10,000 3-01-43-490-490-100 Municipal Court – S&W $10,000 Total - $540,000 TO DEPARTMENT 3-01-25-265-265-100 Fire – S&W $540,000 Total - $540,000 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. 80-24 RESOLUTION AUTHORIZING 2024 TEMPORARY BUDGET APPROPRIATIONS WHEREAS, N.J.S.A. 40A:4-19 provides that where any contract, commitment or payments are to be made prior to the final adoption of the 2024 Budget, temporary appropriations should be made for the purpose and amounts required in the manner and time therein provided; and WHEREAS, the date of this resolution is within the first thirty days of January 2024; and 03/05/2024 18  WHEREAS, the total appropriations for 2023, exclusive of any appropriations made for interest and debt redemption charges, capital improvement fund and public assistance in said budget is the sum of $115,073,950; and WHEREAS, 26.25% of the total appropriations in the 2023 Budget, exclusive of any appropriations made for interest and debt redemption charges, capital improvement fund and public assistance, in said budget is the sum of $30,206,911.88. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Hackensack that the following appropriations be made and that a certified copy of this resolution be transmitted to the Chief Financial Officer for his records. 2024 TEMPORARY BUDGET APPROPRIATIONS Current Fund Budget Salaries & Wages Other Expenses X-01-23-210-210 Group Health Insurance $7,500,000 X-01-25-240-241 School Crossing Guards $ 200,000 X-01-25-252-252 Emergency Management $ 13,500 X-01-25-265-265 Fire Dept. $ 100,000 X-01-26-130-130 Public Buildings & Grounds $ 80,000 X-01-26-290-291 Snow Removal $ 80,000 X-01-27-330-311 Health Dept. $ 50,000 X-01-30-415-415 Info / Technology $ 60,000 X-01-36-476-476 Defined Contribution (DCRP) $ 20,000 Total Operations $27,028,500 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. 81-24 RESOLUTION AWARDING CONTRACTS FOR LABORATORY SERVICES WHEREAS, the City of Hackensack requires the services of a qualified laboratory to test and analyze soil and other samples to ensure our continuing compliance with regulations promulgated by the N.J. Department of Environmental Protection; and WHEREAS, proposals were solicited on December 22, 2023 and received on January 25, 2024 and reviewed by an Evaluation Committee; and WHEREAS, it was determined that the City would be best served by qualifying multiple firms since each firm has varying specialties that the City can utilize. These firms were 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. Eurofins Environmental North East, LLC of 777 New Durham Rd., Edinson, NJ 08817 is hereby awarded a two-year contract in the amount not to exceed $5,000 in accordance with the specifications advertised thereof. 03/05/2024 19  2. Integrated Analytical Laboratories, LLC of 273 Franklin Rd., Randolph, NJ 07869 is hereby awarded a two-year contract in the amount not to exceed $5,000 in accordance with the specifications advertised thereof. 3. PACE Analytical Services, LLC of 1800 Elm St., Minneapolis, MN 55414 is hereby awarded a two-year contract in the amount not to exceed $5,000 in accordance with the specifications advertised thereof. 4.The Chief Financial Officer has certified the availability of funds for the said contract in budget account 4-01-20-165-165-204 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. 5.The Mayor and City Clerk are hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The City Attorney shall review any and all contractual documents prepared in furtherance of this award. Council Intr Secon Abstai Absen Recuse Member o d Yes No n t d Von Rudenborg X Deputy Mayor Canestrino X X Battaglia X X Carroll X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 82-24 RESOLUTION AWARDING CHANGE ORDER #1 TO HQW ARCHITECTS LLC FOR ARCHITECTURAL SERVICES RELATED TO JOHNSON PARK SPORTS FACILITY ADMINISTRATION BUILDING WHEREAS, the City of Hackensack has committed to a comprehensive renovation of Johnson Park, including the construction of a sports facility administration and amenities building, and requires the services of an architect for design, construction documentation, bid preparation and construction management of said project; and WHEREAS, the City awarded a contract to HQW Architects, LLC in the amount not to exceed $287,300 on July 10, 2023 as per Resolution #283-23; and WHEREAS, unforeseen circumstances now require modifications to the bid specifications to include geotechnical engineering necessary but not contemplated in the original contract award; and WHEREAS, the City Manager now recommends the awarding of Change Order #1 in the amount not to exceed $9,500. NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack, County of Bergen, as follows: 1. HQW Architects LLC of 14 North Village Blvd., Sparta, NJ 07871 is hereby awarded Change Order #1 in the amount not to exceed $9,500, bringing the total contract award to $296,800 for the architecture services required for the Johnson Park sports facility administration building, 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 in budget account C-04-21-025-000-100 to fund the purchases 03/05/2024 20  authorized in this resolution as an express and mandatory condition of the award of this contract. 3. The Mayor and City Clerk are hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The City Attorney shall review any and all contractual documents prepared in furtherance of this award. Council Intr Secon Abstai Absen Recuse Member o d Yes No n t d Von Rudenborg X Deputy Mayor Canestrino X X Battaglia X X Carroll X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 83-24 RESOLUTION AWARDING CHANGE ORDER #5 (FINAL) TO NEW PRINCE CONCRETE CONSTRUCTION FOR THE CLAY ST CSO CONTRACT #3 PROJECT WHEREAS, the City of Hackensack has committed to addressing its long- standing Combined Sewer Overflow (CSO) issues by separating various combined sewers throughout the City, including a portion of combined sewers in the Clay St. Drainage Area between Railroad Ave. and Park St.; and WHEREAS, the City awarded a bid contract to New Prince Concrete Construction in the amount of $5,218,636.73 on June 28, 2022 as per Resolution #305-22; and WHEREAS, the City awarded Change Order #1 in the amount not to exceed $105,545 on February 7, 2023, as per Resolution #43-23; and WHEREAS, the City awarded Change Order #3 in the amount not to exceed $170,378.21 on October 24, 2023 as per Resolution #390-23; and WHEREASD, the City also awarded Change Orders #2 and #4, which were non-monetary; and WHEREAS, as the project is closing, quantities have been reduced and amounts allocated for NJ Transit flaggers are no longer necessary, resulting in a reduction of ($152,834.44); and WHEREAS, the City Manager now recommends the awarding of Change Order #5 in the reduced amount of ($152,834.44). NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack, County of Bergen, as follows: 1. New Prince Concrete Construction of 215 Eileen Terrace, Hackensack, NJ 07601 is hereby awarded Change Order #5 in the reduced amount of 9$152,834.44), bringing the total contract to an amount not to exceed $5,341,725.50 for the Clay St. CSO separation Contract #3 Project, in accordance with the proposal attached thereof. 2. No Certification of Funds is required as this Change Order represents a reduction to the contract award. 3. The Mayor and Clerk are hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The City Attorney shall review any and all contractual documents prepared in furtherance of this award. Council Intr Secon Yes No Abstai Recuse 03/05/2024 21  Absen Member o d n t d Von Rudenborg X Deputy Mayor Canestrino X X Battaglia X X Carroll X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 84-24 RESOLUTION AUTHORIZING CHANGE ORDER NO. 2 RELATED TO THE CONTRACT WITH J. FLETCHER CREAMER & SON, INC. FOR THE VOORHIS LANE PUMP STATION REPLACEMENT PHASE II IN ACCORDANCE WITH THE REQUIREMENTS SET FORTH IN N.J.A.C. 5:30-11.9. WHEREAS, a contract in the amount of $887,750 was awarded by Resolution of the City Council to J. Fletcher Creamer & Son, Inc. for the Voorhis Lane Pump Station Replacement Phase II Project (the “Project”); and, WHEREAS, Change Order #1 for the Project was previously authorized by Resolution of the City Council in the amount of $100,729.04; and, WHEREAS, the City’s Engineers have advised that another change order, Change Order #2, in the amount of $170,417.56 is necessary in order to address critical matters in order to ensure the successful completion of the Project, more specifically to address the steel sheeting left in place, to furnish and install a 240V transformer and elevated pier, and to conduct utility relocation and additional pavement restoration; and, WHEREAS, the factual circumstances do not make it reasonably possible to execute a new contract for the additional work; and, WHEREAS, Change Order #2, if approved, will result in a revised contract amount of $1,158,896.60, which is a 30.54% increase in the amount of the original contract; and, WHEREAS, in order for a change order that is excess of 20% of the original contract price to be approved, certain requirements must be met pursuant to New Jersey Department of Community Affairs regulations (N.J.A.C. 5:30-11.9), more specifically, a written certification “justifying the performance of the work or the furnishing of the services which would necessitate issuance of such a change order shall be filed by the contractor with the chief executive officer or designee;” and, WHEREAS, the City has received the required certification, attached hereto and incorporated herein, from J. Fletcher Creamer & Son containing (1) an explanation of the factual circumstances which necessitate issuance of the change order; (2) a statement indicating why these circumstances could not have been foreseen; (3) and a statement indicating why issuance of the change order would be in the best interests of the contracting unit and would not constitute an abuse of these rules; and, WHEREAS, the City Engineer, Kris Wheaton, has also submitted a certification, attached hereto and incorporated herein, explaining in detail the factual circumstances justifying the issuance of the proposed change order and her recommendation for approval of same; and, 03/05/2024 22  WHEREAS, the Chief Financial Officer has certified that funds are available for Change Order #2 in the amount of $170,417.56 under budget account C-04-24- 004-000-200. 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 aforementioned recitals are incorporated herein as though fully set forth at length, and the City Council hereby affirms that it has reviewed proposed Change Order #2 to the Voorhis Lane Pump Station Replacement Phase II Project and declares that it is proper and allowable pursuant to N.J.A.C. 5:30- 11.9. 2. Proposed Change Order No. 2 to the Voorhis Lane Pump Station Replacement Phase II Project, which amends the original contract with J. Fletcher Creamer & Son, Inc. is hereby recommended for approval with a supplementary price increase not to exceed $170,417.56. 3. The Mayor, City Clerk and/or the appropriate City professionals are hereby authorized to execute any and all documents associated with Change Order #2. 4. The City Clerk shall follow any procedures required by N.J.A.C. 5:30-11.9 in furtherance of this Resolution, including publication of the notice required in the City’s official newspaper, which shall also be filed in her office and available for public inspection. Council Intr Secon Abstai Absen Recuse Member o d Yes No n t d Von Rudenborg X X Deputy Mayor Canestrino X Battaglia X X Carroll X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 85-24 RESOLUTION AUTHORIZING AMENDATORY CONTRACT WITH J. FLETCHER CREAMER & SON, INC. FOR THE VOORHIS LANE PUMP STATION REPLACEMENT PHASE II WHEREAS, a contract in the amount of $887,750 was awarded by Resolution of the City Council to J. Fletcher Creamer & Son, Inc. for the Voorhis Lane Pump Station Replacement Phase II Project (the “Project”); and, WHEREAS, Change Order #2 with respect to the Project was previously authorized by Resolution of the City Council in the amount of $170,417.56; and, 03/05/2024 23  WHEREAS, pursuant to N.J.A.C. 5:30-11.9, in order to formally effectuate Change Order #2, the City Council is required to adopt a resolution authorizing a written amendatory contract to be entered into covering the change(s) to be made pursuant to Change Order #2; and WHEREAS, pursuant to N.J.A.C. 5:30-11.9, the exact form of this amendatory contract shall be at the discretion of the contracting unit attorney; and, WHEREAS, the City Council wishes to formally authorize the aforementioned amendatory contract; and, WHEREAS, the Chief Financial Officer has certified that funds are available for Change Order #2 in the amount of $170,417.56 under budget account C-04-24- 004-000-200. 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 aforementioned recitals are incorporated herein as though fully set forth at length. 2. The City Council hereby formally authorizes the aforementioned amendatory contract with J. Fletcher Creamer & Son, Inc. with respect to the Voorhis Lane Pump Station Replacement Phase II Project, with a supplementary price increase not to exceed $170,417.56. 3. The City Attorney is directed to prepare and cause to be executed an amendatory contract with J. Fletcher Creamer & Son, Inc. addressing the revised scope of work arising from Change Order #2 as previously approved by resolution of the City Council. 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. 86-24 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 $ 851,786.61 Grants 41,650.16 Payroll 1,816,459.68 Public Parking System 3,102.99 03/05/2024 24  Capital 1,137,034.46 Escrow 24,730.01 Trust Account 67,274.64 Total Expenditures 3,942,038.55 Interfunds/Transfers $ 7,669,410.38 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. 87-24 RESOLUTION AUTHORIZING RECREATION REFUNDS 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 refund for the reason stated: Sullisey Guadalupe Gutierrez Amount: $ 140.00 Hackensack, NJ 07601 (Spring Track Refund) 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. 88-24 RESOLUTION AUTHORIZING RAFFLE LICENSES BE IT RESOLVED, by the City Council of the City of Hackensack that the following organization(s) be granted permission to conduct a Raffle in accordance with the application on file in the office of the City Clerk: RA #2275 Heightened Independence & Progress 03/05/2024 25  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. 89-24 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 YWCA Northern New Jersey Senior Wellness Programming $ 55,000.00 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 CITY OF HACKENSACK RESOLUTION NO. 90-24 03/05/2024 26  RESOLUTION AUTHORIZING LEAVE OF ABSENCE EXTENSION FOR LEROY MONTGOMERY JR., SANITATION WORKER WHEREAS, Leroy F. Montgomery Jr., Sanitation Worker, has requested an extension of his Leave of Absence without pay for three weeks for personal medical reasons under the Federal Family Leave Act, and WHEREAS, City Manager Vincent J. Caruso has determined that this employee be granted an extension of his Leave of Absence for three weeks, commencing Thursday, February 29, 2024 and terminating Thursday, March 21, 2024. NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Hackensack, that Leroy F. Montgomery Jr., Sanitation Worker, be granted an extension of his Leave of Absence for three weeks, without pay, as requested; and BE IT FURTHER RESOLVED that a certified copy of this Resolution is forwarded to the employee’s pension system by the Chief Financial Officer. Council Intr Secon Abstai Absen Recuse Member o d Yes No n t d Von Rudenborg X Deputy Mayor Canestrino X X Battaglia X X Carroll X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 91-24 RESOLUTION AUTHORIZING LEAVE OF ABSENCE FOR JOHN MORA, POLICE OFFICER WHEREAS, John Mora, Police Officer, has requested a Leave of Absence without pay for six weeks for personal medical reasons under the Family and Medical Leave Policy, and WHEREAS, John Mora, Police Officer, has made known his desire to utilize accumulated sick and vacation time in accordance with City policy, and; WHEREAS, City Manager Vincent Caruso has determined that this employee be granted a Leave of Absence for six weeks, commencing Friday, February 2, 2024 and terminating Friday, March 15, 2024. NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Hackensack, that John Mora, Police Officer, be granted a Leave of Absence for six weeks, without pay, as requested; and BE IT FURTHER RESOLVED that a certified copy of this Resolution is forwarded to the employee’s pension system by the Chief Financial Officer. Council Intr Secon Abstai 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 03/05/2024 27  RESOLUTION NO. 92-24 RESOLUTION AUTHORIZING AND REQUESTING THE PLANNING BOARD TO UNDERTAKE A PRELIMINARY REDEVELOPMENT INVESTIGATION TO DETERMINE WHETHER BLOCK 405, LOT 3 (SEARS SITE) SATISFIES THE CRITERIA FOR DESIGNATION AS AN AREA IN NEED OF REDEVELOPMENT FOR CONDEMNATION PURPOSES AND REPEALING RESOLUTION NO. 294-23 ESTABLISHING NON-CONDEMNATION AREA DESIGNATION WHEREAS, N.J.S.A. 40A:12A-1 et seq., the Local Redevelopment and Housing Law (“LRHL”), sets forth the criteria for a determination of whether a delineated area may be designated as an area in need of redevelopment; and WHEREAS, N.J.S.A. 40A:12A-6 authorizes the City of Hackensack (the “City”) to adopt a resolution directing its Planning Board to conduct a preliminary investigation to determine whether a delineated area is an area in need of redevelopment according to the criteria set forth under N.J.S.A. 40A:12A-5; and WHEREAS, on August 14, 2023, pursuant to Resolution No. 294-23, the City previously designated Block 405, Lot 3 as an “area in need of redevelopment” for non-condemnation purposes; and WHEREAS, the City now desires to investigate whether Block 405, Lot 3 qualifies as an “area in need of redevelopment” for condemnation purposes because the former Sears building has remained vacant and deteriorating for nearly five years in the core of the City’s downtown without any redevelopment progress having occurred; and WHEREAS, the City desires to authorize its pre-qualified planning consultant, DMR Architects (“DMR”), to assist the Planning Board in its preliminary investigation of Block 405, Lot 3 to determine if it qualifies as an area in need of redevelopment for condemnation purposes pursuant to the criteria set forth under N.J.S.A. 40A:12A-5. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack in the County of Bergen, State of New Jersey, as follows: 1. The Planning Board is hereby authorized and requested to undertake a preliminary redevelopment investigation of Block 405, Lot 3 to determine whether it warrants being designated as an “area in need of redevelopment” for condemnation purposes according to the criteria set forth in N.J.S.A. 40A:12A-5. 2. DMR is hereby authorized to assist the Planning Board in its preliminary investigation of the delineated area of investigation, and to begin preparation of a Redevelopment Plan in the event the Planning Board recommends that all or some of the delineated area of investigation constitutes an “area in need of redevelopment” for condemnation purposes. 3. The City Manager, DMR, City Attorney and Redevelopment Counsel are each hereby authorized and directed to take any necessary and appropriate actions in connection with the investigation of the delineated area of investigation and are hereby authorized and directed to take such actions, including but not limited to, the negotiation of any and all documents necessary to undertake the investigation as being hereby ratified and confirmed. 4. This Resolution shall also repeal Resolution No. 294-23 adopted on August 14, 2023 designating Block 405, Lot 3 as an area in need of redevelopment for non-condemnation purposes. 5. This Resolution shall become effective immediately upon adoption. 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 03/05/2024 28  Carroll X Mayor Labrosse X CITY OF HACKENSACK RESOLUTION NO. 93-23 RESOLUTION AUTHORIZING RELEASE OF ESCROW FUNDS – 30 SECOND STREET WHEREAS, a request has been received for the release of any remaining escrow funds for the project known as 30 Second St.; and WHEREAS, the Chief Financial Officer has determined that the balance of escrow funds remaining for this project is $1,178.24; and WHEREAS, the City is in receipt of a certification as to the completeness of the project from the Building / Land Use Department. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hackensack, County of Bergen that the Chief Financial Officer is hereby directed to release the remaining escrow funds in the amount of $1,178.24 to Anderson & Second, LLC of 30 Second St., Hackensack, NJ 07601. Public Comment A motion to open the meeting to the public was offered by Deputy Mayor Canestrino and seconded by Councilman Battaglia. Rich Cerbo – There is so much to talk about, three minutes are ridiculous. Let’s start with Spring Valley Avenue needs attention. You need to do it or I am going to rally everyone on the block to come here and make you do it. It is too much. The busses are way over 4 tons going down the block. Staib Park there is an area in the back there, why can’t you develop that? Another thing, in my neighborhood the two islands as you get to Spring Valley, by the empty vacant buildings where the bank and the station there, the larger area with the fence around it, it looks like a slum. It almost looks condemned. When are those going to be developed? You are developing everything else. Mayor Labrosse responded – This is the old Quick Check and the bank. The Quick Check is going to be a place of worship. That lot was private property and was sold to someone and that is what they are putting there. It was sold to the mosque on Trinity Place. Oritani Bank is still owned by Oritani and I don’t know what their plans are but they are paying taxes. We can’t tell them to sell. Mr. Cerbo responded – What about the other property that has been vacant forever. You should ask them at least. What is going on with that? On the resolutions, the first one up was about complying with garbage pickup. That’s the only service I get and I can’t even get things picked up when and where I want. Can we get it together on garbage pickup. I read article the other day talking about recyclables not accepted anymore and we are going to have to wash them. That sounds in the same area as no flushables. The recyclables, why do we have to separate them now? Mayor Labrosse responded – It depends where you take them. There are companies that have centers where everything is comingled and they separate it at the site and you have ones that only take cardboards and paper or plastic and glass. Ours are separated. We used to make money off of recycling and now we actually lose money. No one else wished to speak. 03/05/2024 29 A motion to close the meeting to the public was offered by Deputy Mayor Canestrino and seconded by Councilman Battaglia. Council Comments Councilwoman Von Rudenborg – Happy Women’s History Month to everyone. Thank you to all our women residents and employees, students and volunteers. Rec is still looking for volunteer softball and baseball coaches for the spring season. Please don’t feel like you need to know a lot about baseball or softball, we still need parents or volunteers to organize practices, make sure all our athletes are safe. We have the coaches to run the games but definitely more support to make sure everything is well run. Happy youth art month. We have a wonderful arts staff who contribute to the arts in our city. Last weekend Hackensack junior wrestling hosted their annual twin county wrestling league regional championship at the high school. It went very well. It was well attended and well run. Thanks to everyone who made it a safe and fun event for all. Deputy Mayor Canestrino – It is Women’s history month, just look around at the women in the room where would we be without our two clerks, not only do they support us but they support the city, Stephanie and our Deputy Manager. We are very fortune to have wonderful employees. I want to take a moment to congratulate and thank the women of the city who work here and the ones that live in the city. We are big supporters of everyone in the city but as a woman-to- woman thing, we have a lot of great ones in town. One thing on the agenda was we made some changes just definitions and clarifications for the hospital zone by the high school, Prospect and Beech Street area. Also, some clarifications to definitions to the Zoning ordinance. Some of the stuff is subject to interpretation and as we go through them and see cases, it makes sense to periodically make changes. Thanks to those who came tonight and those who watched. Have a good night. Councilman Battaglia – Congrats to all the ladies and thank you for all you do. Thank you for coming. Councilman Carroll – Thank you to everyone viewing and those that are present. I would like to bring up about motorcycles, e-bikes, and bikes in general. Let’s all be careful as the weather gets nicer to watch out for them as we travel in our cars and SUVs as well for them to look out for the vehicles. Let’s all share the road and be mindful of one another. The children’s Easter egg hunt is March 27 at Johnson Park. It starts at 4pm. It is a great event; I enjoy watching all the kids run out on the field and gather their eggs. It is nice to see that. I wish all a wonderful Women’s history month. Thank you and God bless. Mayor Labrosse – The twin valley junior wrestling league, the Hackensack High School has been home to that tournament for over 30 years. I was at the tournament and want to thank Councilwoman Von Rudenborg who was working tirelessly all day long running all over the place. Close to over 500 wrestling matches from 9 AM until 4:30 PM. It was a well run event this year. I used to be involved in that and it was a lot of work. There was some great wrestling and I am going to tie it into women’s history month. It is unbelievable the amount of young female wrestlers. It’s become a big sport and they have their own state championship in AC with the boys. It is impressive how good some of them are. Councilwoman’s daughter is a wrestler for Hackensack junior wrestling. At the junior level, they wrestle together and then separate in high school. It is impressive. Youth art month, we will be at the library on Thursday night at 630 celebrating. I am looking forward to that. It is nice to see the kids so proud of their artwork. There are some HACPAC events coming up. I am backing one which I think is sold out on April 13 Eddie Brugatti. For those that don’t know there was a group back in the 60s called the Young Rascals from Garfield. The are Rock and Roll Hall of Famers. He doesn’t perform like he used to but he backs this academy 03/05/2024 30 for young artists called Rocket Academy based in central jersey. They will be playing a lot of the Rascals tunes and Eddie will be there with some other special guests. Hopefully they put on a Friday night show and sell that out as well. Congratulations to all the women in here, we appreciate everything you do. I wish everyone a wonderful night. There being no further business the meeting was adjourned at 8:40 PM. Approved by Mayor and Council on March 19, 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 03/05/2024 31