€¦ · Web viewThe Regular Meeting of the City Council of the City of Hackensack was held at...

The Regular Meeting of the City Council of the City of Hackensack was held at City Hall, 65 Central Avenue, Hackensack, New Jersey, on Wednesday, February 19, 2014, at 7:00 p.m.

Mayor Labrosse called the meeting to order and the announcement was read 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.

Ms. Karlsson called the roll: Present – Mayor John P. Labrosse, Jr., Deputy Mayor Kathleen

Canestrino, Councilman Leonardo Battaglia, Councilman David Sims and Councilwoman Rose Greenman. Interim City Manager Anthony Rottino and City Attorney Thomas P. Scrivo were also present.

Approval of Minutes for January 6, 2014 C.O.W. Meeting, January 7,2 014 Regular Meeting, January 28, 2014 C.O.W. Meeting and January 28, 2014 Regular Meeting.

Council Member Intro Second Yes No Abstain Absent Excused

Battaglia x Deputy Mayor Canestrino x x

Sims x

Greenman x x Mayor Labrosse x

A proclamation was read and presented to Nellie K. Parker School for recognition as being a Top 10 School by Jersey CAN: the New Jersey Campaign for Achievement Now. Another proclamation was read by Mayor Labrosse proclaiming the month of January as Human Trafficking Awareness Month.

Sgt. James W. Prise, Jr. was promoted to Lieutenant and sworn in by

Mayor Labrosse.

City Manager’s report –

Mr. Rottino thanked all for their work during the snow storm, noted that everyone was low on salt and that 150 tons was coming tomorrow, February 20, 2014. He and the CFO had compared the numbers from the last year where significant snowfall was recorded and that was 2009.

During the snowstorm the City put into effect Parking without Penalty, which allowed residents to park in municipal lots such as Lot C, Recreation Center and Atlantic Street. A reverse 911 call was made to residents relaying this information and this service has been set up for use in the future.

To date we have sold at auction 11 cars that were being stored at DPW and there are about a dozen more to be sold.

Council Member

Intro

Second Yes No

Abstain Absent

Excused

Battaglia X Deputy Mayor Canestrino X X Sims X X Greenman X Mayor Labrosse X

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RESOLUTION NO. 48-14

FINAL ADOPTION OF ORDINANCE NO. 4-2014, AN ORDINANCE AMENDING ATTACHMENT 1 TO CHAPTER 107a, ENTITLED “ENUMERATION OF LICENSES, MISCELLANEOUS SERVICES AND FEES,” OF PART II ENTITLED “GENERAL LEGISLATION” OF THE CITY OF HACKENSACK MUNICIPAL CODE

This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?”

Motion offered by Deputy Mayor Canestrino and seconded by Councilman Sims that there be a public hearing.

PUBLIC HEARING – No one wished to comment

Motion offered by Deputy Mayor Canestrino and seconded by Councilman Battaglia 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. 4-2014 has passed its second and final reading and is hereby adopted.

CITY OF HACKENSACKORDINANCE NO. 4-2014

AN ORDINANCE AMENDING ORDINANCE No. 26-2012, AMENDING ATTACHMENT 1 TO CHAPTER 107a, ENTITLED “ENUMERATION OF LICENSES, MISCELLANEOUS SERVICES AND FEES,” OF PART II ENTITLED “GENERAL LEGISLATION” OF THE CITY OF HACKENSACK MUNICIPAL CODE

WHEREAS, the City of Hackensack (“Hackensack”) is in need of amending Ordinance No. 26-2012, amending Amendment 1 to Chapter 107a such that the fees reflect the increased costs of vaccines.

NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF HACKENSACK, as follows:

SECTION 1. Ordinance 26-2012 is amended such that The City of Hackensack Municipal Code, Part II entitled “General Legislation,” Attachment I to Chapter 107a, entitled “Enumeration of Licenses” states:

Type of License Fee… …Health Department Administration of non-Medicare reimbursed influenza vaccine

$15

Administration of non-Medicare reimbursed pneumococcal vaccine

$65

Administration of state or federally supplied vaccines to non-Hackensack resident adults

$15

2/19/14

Council Member

Intro

Second Yes No

Abstain

Absent

Excused

Battaglia X Deputy Mayor Canestrino X X Sims X Greenman X X Mayor Labrosse X


FINAL ADOPTION OF ORDINANCE NO. 5-2014, AN ORDINANCE ADOPTING 150-170 MAIN STREET REDEVELOPMENT PLAN GOVERNING Block 302, Lots 4, 5.01, 5.02, 6, 7, 8, 9 and 10

This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?”

Motion offered by Councilwoman Greenman and seconded by Deputy Mayor Canestrino that there be a public hearing.

PUBLIC HEARING – No one wished to comment

Motion offered by Councilwoman Greenman and seconded by Deputy Mayor Canestrino 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. 5-2014 has passed its second and final reading and is hereby adopted.

ORDINANCE NO. 5-2014

CITY OF HACKENSACK

COUNTY OF BERGEN

ORDINANCE ADOPTING 150-170 MAIN STREET REDEVELOPMENT PLAN GOVERNING Block 302,

Lots 4, 5.01, 5.02, 6, 7, 8, 9 and 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-5 to determine that a delineated area in the City is an area in need of redevelopment; and

WHEREAS, in order to make that determination, the City Council must first authorize the City’s Planning Board to undertake a preliminary investigation to determine whether a proposed area is a redevelopment area according to the criteria set forth in N.J.S.A. 40A:12A-5 and N.J.S.A. 40A:12A-3; and

WHEREAS, on November 12, 2013, the Mayor and Council authorized and requested that the Planning Board to undertake a preliminary investigation (“the Investigation”) to determine whether Block 302, Lots 4, 5.01, 5.02, 6, 7, 8, 9 and 10 (“the Area of Investigation”) constitutes an “area in need of redevelopment” according to the criteria set forth in N.J.S.A. 40A:12A-5 and N.J.S.A. 40A:12A-3, and this property being commonly known as 150-170 Main Street; and

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WHEREAS, the Mayor and Council also authorized its planning consultant, DMR Architects (“DMR”) to assist the Planning Board in the Investigation and the Planning Board appointed DMR to conduct the necessary redevelopment investigation; and

WHEREAS, consistent with the requirements set forth in N.J.S.A. 40:12A-6, the Planning Board specified and gave notice that on January 8, 2014 a hearing would be held for the purpose of hearing all persons who are interested in or would be affected by a determination that the properties in the Area of Investigation are a redevelopment area as that term is defined in Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. (“LRHL”); and

WHEREAS, DMR prepared a “Report of Preliminary Investigation for Determination of an Area in Need of Redevelopment for the Area of Investigation (the “Investigation Report”) that was publicly presented after adequate notice before the Planning Board on January 8, 2014; and

WHEREAS, the Investigation Report determined that the Area of Investigation, which is already part of the City’s Main Street Rehabilitation Area designated in 2012, evidences significant blighting conditions and characteristics that qualify the Area of Investigation as an “area in need of redevelopment” because it collectively satisfies the “a” “b” “d” and “e” criteria of the LRHL under N.J.S.A. 40A:12A-5; and

WHEREAS, on January 8, 2014, the Planning Board held a public hearing concerning the Area of Investigation at which Brian M. Nelson, Esq. of Archer & Greiner PC represented the Mayor and Council of the City and Joseph Mecca, Esq. represented the Planning Board of the City; and

WHEREAS, on January 8, 2014, the Planning Board received the uncontested testimony of Fran 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 Mr. Reiner also gave testimony concerning the relationship of the observed conditions to the redevelopment criteria and the decadent effect that these blighting conditions were having on the surrounding properties; and

WHEREAS, the Planning Board hearing was opened to the public on January 8, 2014 for the purpose of hearing all persons who are interested in or would be affected by a determination that the Area of Investigation is a redevelopment area; and

WHEREAS, after completing its hearing and investigation of this matter on January 8, 2014, the Planning Board determined to recommend that the Mayor and City Council designate the Area of Investigation as a redevelopment area because the Investigation Report and testimony of Fran Reiner provide substantial evidence that the Area of Investigation meets the criteria enumerated in the Investigation Report and that the Area of Investigation is in fact a blighted area that is having a decadent effect on surrounding properties; and

WHEREAS, on January 28, 2014, the Mayor and City Council adopted a resolution concurring with the Planning Board’s findings and has determined to designate the Area of Investigation as an “area in need of redevelopment” pursuant to the LRHL; and

WHEREAS, at the direction of the Mayor, City Council and the Planning Board, DMR has prepared a Redevelopment Plan entitled “150-170 Main Street Redevelopment Plan” dated January 2014 (the “150-170 Main Street Redevelopment Plan”); and

WHEREAS, the Mayor and City Council wishes to adopt the 150-170 Main Street Redevelopment Plan for the area designated in need of

2/19/14

redevelopment consisting of Block 302, Lots 4, 5.01, 5.02, 6, 7, 8, 9 and 10; and

WHEREAS, N.J.S.A. 40A:12A-7 requires the adoption of redevelopment plans by ordinance with the Planning Board reviewing the plan for consistency with the Master Plan of the City of Hackensack 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 AND ENACTED by the City Council of the City of Hackensack in the County of Bergen, State of New Jersey, as follows:

SECTION 1. 150-170 Main Street Redevelopment Plan. The “150-170 Main Street Redevelopment Plan” 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.

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.

SECTION 4. Effective Date. This ordinance shall take effect after final adoption and approval pursuant to law.

Council Member

Intro

Second Yes No

Abstain Absent

Excused

Battaglia X X Deputy Mayor Canestrino X X Sims X Greenman X Mayor Labrosse X


INTRODUCTION OF ORDINANCE NO. 6-2014, AN ORDINANCE AMENDING CHAPTER 117, ENTITLED “PARKS”, OF PART II ENTITLED “GENERAL LEGISLATION” OF THE CITY OF HACKENSACK MUNICIPAL CODE TO ADD SECTION 117-8, ENTITLED, “SMOKING”

BE IT RESOLVED that the above ordinance, being Ordinance 6-2014 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 4, 2014 at 7:00 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 HACKENSACKORDINANCE NO. 6-2014

2/19/14

AN ORDINANCE AMENDING CHAPTER 117, ENTITLED “PARKS,” OF PART II ENTITLED “GENERAL LEGISLATION” OF THE CITY OF HACKENSACK MUNICIPAL CODE TO ADD SECTION 117-8, ENTITLED, “SMOKING”

WHEREAS, pursuant to N.J.S.A. 40:48-2, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good of government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and

WHEREAS, the City of Hackensack (“Hackensack”) is in need of amending Chapter 117, entitled, “Parks,” in order to add Section 117-8, entitled, “Smoking,” in order to prohibit smoking in public parks and areas and set forth the consequences for violation of same; and

WHEREAS, the previous State legislation which prohibited municipalities from passing strict local smoking laws that differed from the State standards was repealed and the State now expressly authorizes municipalities to enact strict ordinances regulating smoking under N.J.S.A. 26:3D-63; and

WHEREAS, N.J.S.A. 2C:33-13(b) also provides that the owner and/or operator of a public place, such as public parks and recreational areas, may prohibit smoking on such property; and

WHEREAS, the City Council recognizes the well-known health and safety risks posed by smoking and finds that it is within the public interest to prohibit smoking in public buildings and on public property, such as public parks and recreation areas; and

WHEREAS, the City Council has determined that the public interest is especially implicated in preventing the youth of Hackensack from being exposed and succumbing to the temptations of experimenting with tobacco products; and

WHEREAS, the City Council also finds that the appearance of parks and recreational areas can be enhanced and the limited resources of the City’s Department of Public Works can be conserved if smoking were to be banned from such areas, thereby keeping such areas free of the litter typically generated by the smoking of cigarettes, such as cigarette butts, ashes and packaging.

NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF HACKENSACK, as follows:

SECTION 1. Chapter 117, entitled “Parks,” is amended to add Section 117-8, entitled “Smoking,” such that The City of Hackensack Municipal Code, Part II entitled “General Legislation,” states:

§117-8. Smoking.

A. Definitions.

As used in this chapter, the following words shall have the following meanings:

ENCLOSED AREA shall mean all areas between a floor and a ceiling, extending to the

outer perimeter walls of a structure.

PARKS AND RECREATIONAL FACILITIES shall include all public parks,

playgrounds, ball fields, publicly owned or leased by the City of Hackensack and all property

owned or leased by the City of Hackensack upon which the public is invited or upon which the

2/19/14

public is permitted and where individuals gather for recreational activities, including all areas

adjacent to such facilities, including, but not limited to, any parking area, driveway or drive aisle.

MUNICIPAL BUILDINGS shall include all structures owned, leased, rented and/or

operated by the City of Hackensack, and/or occupied by City employees and used for official

business of the City of Hackensack.

SMOKING shall mean the burning of, inhaling from, exhaling the smoke from, or the

possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains

tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor

from an electronic smoking device.

B. Prohibition of smoking in public places; signs.

1. Smoking shall be prohibited in all Municipal Buildings as defined herein. No-smoking

signs or the international no-smoking symbol (consisting of a pictorial representation of a

burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall

be clearly, sufficiently and conspicuously posted at each Municipal Building entrance and within

each closed area where smoking is prohibited by this chapter. The signs shall be clearly visible to

the public and shall contain letters or a symbol which contrast in color with the sign, indicating

that smoking is prohibited therein. The sign shall also indicate that violators are subject to a fine.

2. Smoking shall be prohibited within a thirty-five-foot radius of the front entrance of all

Municipal Buildings. No-smoking signs or the international no-smoking symbol (consisting of a

pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line

through its cross section) shall be clearly, sufficiently and conspicuously posted both on the

building and at the thirty-five-foot perimeter of the front entrance of all Municipal Buildings

where smoking is prohibited by this chapter. The signs shall be clearly visible to the public and

shall contain letters or a symbol which contrast in color with the sign, indicating that smoking is

prohibited therein. The sign shall also indicate that violators are subject to a fine.

3. Smoking shall be prohibited in all public parks and recreation facilities owned or

leased by the City of Hackensack and all property owned or leased by the City of Hackensack

upon which the public is invited or upon which the public is permitted and where individuals

gather for recreational activities, including all areas adjacent to such facilities, including, but not

limited to, any parking area, driveway or drive aisle, which have been designated with no-

smoking signs. No-smoking signs or the international no-smoking symbol (consisting of a

pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line

through its cross section) shall be clearly, sufficiently and conspicuously posted in all areas

2/19/14

regulated by this chapter. The signs shall be clearly visible to the public and shall contain letters

or a symbol which contrasts in color with the sign, indicating that smoking is prohibited at the

designated area. The sign shall also indicate that violators are subject to a fine.

4. Smoking shall be prohibited in any vehicle registered to the City of Hackensack.

C. Enforcement.

The enforcement authority of this chapter shall be the Police Department, Fire Department,

Recreation Department, Public Works Department and Health Department of the City of

Hackensack.

D. Violations and penalties.

Any person who violates any provision of this chapter shall be subject to a fine of not less than

$250.00 for the first offense, $500.00 for the second offense and $1,000.00 for each subsequent

offense. Any municipal employee found in violation of this chapter may also be subject to

discipline in accordance with the provisions of the City of Hackensack’s policies and procedures.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused

Battaglia X X Deputy Mayor Canestrino X Sims X Greenman X X Mayor Labrosse X

CITY OF HACKENSACK


MAIN STREET BUSINESS ALLIANCE, INC. 2014 BUDGET

WHEREAS, pursuant to N.J.S.A. 40:56-84, the District Management Corporation known as the “Main Street Business Alliance, Inc.” has submitted its proposed budget for 2014 to the Mayor and Council of the City of Hackensack in the amount of $360,595.00 for the purposes of introduction; and

WHEREAS, municipal approval of said budget may be conferred only upon compliance with the requested statutory notices and procedures, and not prior to a public hearing on said budget to be held not less than twenty-eight (28) days from the date of introduction;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Hackensack as follows:

1. The appropriate City Officials are hereby directed to undertake all necessary procedures set forth in N.J.S.A. 40:56-84 prior to the Public Hearing on the proposed budget; and

2. March 18, 2014 at 8:00 P.M., is hereby established as the date of the public hearing on the proposed budget.

2/19/14

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK


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 $11,640,726.45 Grants 2,075.22 Payroll 1,417,404.89 Public Parking System 1,113.40

Capital 181.00Trust Account 124,699.10

Total Expenditures $13,221,846.39

Interfunds/Transfers $120,061.04 The City Clerk announced that the following items are considered to be routine in nature and will be enacted in one motion; any items requiring expenditure are supported by a Certification of Availability of Funds; any item requiring discussion will be removed from the Consent Agenda; all Consent Agenda items will be reflected in full in the minutes including any exceptions and/or additions.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK


RESOLUTION SETTING COMPENSATION FOR CITY ATTORNEY

WHEREAS, on September 17, 2013, Resolution No. 391-13 qualifying and assigning certain providers for professional services was passed; and

WHEREAS, McElroy, Deutsch, Mulvaney & Carpenter, LLP (“MDMC”) was appointed City Attorney; and

2/19/14

WHEREAS, MDMC and the City of Hackensack (“City”) agree that for the routine tasks associated with the position of City Attorney, including, but not limited to, attendance at regularly scheduled City Council meetings, daily communications, general legal research, preparation of resolutions and ordinances, and other services commensurate with the duties and responsibilities of the City Attorney, MDMC’s fee will not exceed $15,000.00 per month for the period of January 1, 2014, through June 30, 2014; and

WHEREAS, MDMC and the City agree that MDMC shall be compensated at a rate of $150.00 per hour for all litigated matters and extraordinary services that MDMC is assigned to handle by the City; and

NOW, THEREFORE, LET IT BE RESOLVED, by the Council of the City of Hackensack, that the Mayor is hereby authorized to execute a revised contract with MDMC that provides that MDMC’s fee will not exceed $15,000.00 per month for the period of January 1, 2014, through June 30, 2014, for the routine tasks associated with the position of City Attorney and that MDMC shall be compensated at a rate of $150.00 per hour for all litigated matters and extraordinary services that MDMC is assigned to handle by the City.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK RESOLUTION NO. 54-14

RESOLUTION AUTHORIZING PURCHASE OF SALT THROUGH THE BERGEN COUNTY COOPERATIVE PURCHASING PROGRAM – CARGILL,

INC.

WHEREAS, The City of Hackensack purchased salt for the Department of Public Works from an authorized vendor of the Bergen County Cooperative Purchasing Program Notice of award Contract 13-82, Resolution #1126-13 dated August 7, 2013 for Rock Salt; and

WHEREAS, these purchase of good and services by local contracting units is authorized by the Local Public Contracts La N.J.S.A. 40A11-12; and

WHEREAS, Cargill Inc.-Deicing Technology P.O. Box 415927, Boston, MA02241-5927 has been awarded the Bergen County Contract; and

WHEREAS, the Superintendent of Public Works and the Director of Purchasing concurs the utilization of the contract on the grounds that Cargill, Inc.-Deicing Technology represents the best price available; and.

WHEREAS, the actual cost of these purchases of salt are $10,772.88; and

WHEREAS, the Chief Financial Officer has certified that funds are available in 4-01-26-290-291-264; and

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City Of Hackensack that Cargill Inc.-Deicing Technology P.O. Box 415927, Boston, MA 02241-5927 be paid therefore.

Council Intr Secon Yes No Abstai Excuse

2/19/14

Member o d nAbsen

t dBattaglia X Deputy Mayor Canestrino X X Sims X Greenman X X Mayor Labrosse X

CITY OF HACKENSACK


RESOLUTION AUTHORIZING MITCHELL HUMPHREY & COMPANY FOR ANNUAL COMPUTER MAINTENANCE FOR THE CITY OF HACKENSACK

BUILDING AND LAND USE DEPARTMENT

WHEREAS, The City of Hackensack Building, Housing and Land Use Department requires an Annual Computer Maintenance Fee for Government Software Solutions for their computer system for the period of 2/1/14 through 1/31/15; and

WHEREAS, the Proposal for the Annual Maintenance Fee for Government Software Solutions for their computer system is designed specifically for their use and is hereby recognized extraordinary in 5:3014C promulgated by the Local Finance Board, Division of Local Government Services Inc.; and

NOW, THEREFORE, BE IT RESOLVED that the proposal submitted by Mitchell Humphrey & Company, 1285 Fern Ridge Parkway, St. Louis, MO 63141-4402 for the Annual Computer Maintenance Fee for Government Software Solutions for their computer system for the period of 2/1/14 through 1/31/15 which totals $6,850.00 is approved;

BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in current account 4-01-21-185-855-232.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK


RESOLUTION AUTHORIZING PURCHASES FROM ATLANTIC TACTICAL BY POLICE DEPARTMENT

WHEREAS, Atlantic Tactical of New Jersey Inc., 14 Worlds Fair Drive, Somerset, New Jersey 08873 has been awarded the New Jersey State Contract Bid #A81297 for Police and Homeland Security Equipment and Supplies; and

WHEREAS, the City of Hackensack wishes to utilize this state contract for the Police Department authorized by the Local Public Contract Law (N.J.S.A. 40A: 11-12); and

WHEREAS, the price for the Second Chance Vests, Pouch, etc., is $18,080.55

WHEREAS, the Police Director recommends and the Director of Purchasing agrees that the utilization of the contract represents the best price available and is in the best interest of the City of Hackensack;

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NOW, THEREFORE, BE IT RESOLVED that the Mayor and CouncilOf the City of Hackensack authorizes the execution of this state contract for Police and Homeland Security Equipment and Supplies with Atlantic Tactical of New Jersey Inc., 14 Worlds Fair Drive, Somerset, New Jersey 08873: and

BE IT FURTHER RESOLVED that the Chief Financial Officer has Certified that the funds are available in grant account G-02-13-913-000-000 in the amount of $6,171.96 and grant account G-02-11-914-000-000 in the amount of $11,908.59.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK


RESOLUTION AUTHORIZING HARP HEALTH AWARENESS REGIONAL PROGRAM FOR NURSING HEALTH EDUCATION SERVICES 2014

WHEREAS, the City of Hackensack publicly advertised requests for Qualifications for Nursing Health Education Services 2014 through a fair and open process; and

WHEREAS, qualifications were received on January 14, 2014 for Nursing Health Education Services 2014 to render services to the City’s Department of Health; and

WHEREAS, one qualification was received from HARP Health Awareness Regional Program; and

NOW, THEREFORE, BE IT RESOLVED that the contract for Nursing Health Education Services 2014 be awarded to HARP Health Awareness Regional Program 25 East Salem Street, 5th floor, Hackensack, NJ 07601 at Health promo $42.00 x 130 hours $5,460.00, Director $46.00 x 24 hours $1,104.00, Public Health Nursing Director/Supervision $46.00 x 114 hours $5,244.00 for a total of $11,808.00; and

BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in the current account of 4-01-27-330-330-208.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK


RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR EMPLOYEE ASSISTANCE PROGRAM TO CLINICAL SERVICES MANAGEMENT, P.C.

2/19/14

WHEREAS, there exists a need for The City of Hackensack to provide Employee Assistance Program for certain city employees; and

WHEREAS, Clinical Services Management, P.C. can provide said Services; and

WHEREAS, the local Public Contract Law (N.J.S.A. 40A:11-1 et seq) requires that the resolution authorizing the award of contract for professional service without competitive bid and the contract itself must be available for public inspection; and

WHEREAS, the amount for said services is $9,840.00; and

WHEREAS, a certificate establishing that funds are available in the current account 4-01-23-220-220-288 in the amount of $9,840.00 by the Chief Financial Officer; and

NOW, THEREFORE, BE IT RESOLVED, by the City Council and City of Hackensack that;

1. Mayor and City Clerk be and are hereby authorized and directed to execute an agreement with Clinical Services Management, P.C. 107 Martha Road, Harrington Park, New Jersey 07640 to perform the aforementioned services effective January 1, 2014 to December 31, 2014.

2. The contract is awarded without competitive bidding in accordance with (N.J.S.A. 40A:11-1 et seq) of the Local Public Contract Law.

3. That a notice of this resolution be published once in The Record.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK


RESOLUTION AWARDING CONTRACT TO ROBERT SUEDE GATSIK/SUEDE TV FOR VIDEO RECORDING OF CITY COUNCIL

MEETINGS

WHEREAS, pursuant to LPCL 40A:11-6.1 two quotes were received from Robert Suede Gatsik/Suede TV and World Sound Communications #1-Inc., for the Video Recording of (30) City Council meetings (not COW meetings) for the City of Hackensack.

WHEREAS, the City Manager advised the Director of Purchasing that he had reviewed such quotes and found that Robert Suede Gatsik/Suede TV 693 Main Street, Hackensack, New Jersey 07601 is reasonable and satisfactory; and

NOW, THEREFORE, BE IT RESOLVED by that the Mayor and Council of the City of Hackensack award the contract for the Video Recording of (30) City Council Meetings (not COW meetings) to Robert Suede Gatsik/Suede TV 693 Main Street, Hackensack, New Jersey 07601, for the total amount of $10,500.00; and

BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that the funds are available in current account 4-01-20-100-100-204 in the amount of $10,500.00.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused

Battaglia X Deputy Mayor

X X

2/19/14

CanestrinoSims X Greenman X X Mayor Labrosse X

CITY OF HACKENSACK


RESOLUTION AUTHORIZING EMERGENCY REPAIR OF SALT TRUCK #257 BY DG AND SONS LLC

WHEREAS, the governing body of the City of Hackensack has been advised that an emergency affecting the safety and welfare of the citizens of the City of Hackensack and the general public existed when emergency repairs were needed when Salt Truck #257 became in-operable; and

WHEREAS, the Superintendent of Public Works notified the City Manager setting forth the circumstances regarding the emergency; and

WHEREAS, the governing body is satisfied that an emergency exists and that immediate action is necessary to restore the aforementioned.

WHEREAS, the total cost of the repair was $25,931.64, which was a fair and reasonable quotation, and

WHEREAS, the Chief Financial Officer has certified that funds are available in Current account 3-01-26-300-300-272; and

NOW THEREFORE BE IT RESOLVED by the City Council of the City of Hackensack that pursuant to N.J.S.A.40A: 11-6 which authorizes the governing body to award contracts without benefit of public bidding in emergency situations that the vendorDG And Sons LLC, 53 Woodland Avenue, Rochelle Park, New Jersey, 07662 be paid therefore.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK


RESOLUTION AUTHORIZING DEPARTMENT OF PUBLIC WORKS TO USE DAVID WEBER OIL COMPANY TO PURCHASE LUBRICANTS AND

FLUIDS FOR VEHCILES

WHEREAS, David Weber Oil Company, has been awarded New Jersey State Contract #81519 automotive lubricants, engine/gear oils, greases, ATF, tractor fluid & hyd. oils and #80762 antifreeze and windshield washer fluids; and

WHEREAS, The Superintendent of Public Works needs to purchase automotive lubricants, engine/gear oils, greases, ATF, tractor fluid & hyd. oils and antifreeze and windshield washer fluids, pursuant to the Local Public Contract Laws (N.J.S.A. 40A: 11-12); and

WHEREAS, The Superintendent of Public Works recommends and the Director of Purchasing agrees that the utilization of the contract represents the best price available and is in the best interest of the City of Hackensack;

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council

2/19/14

Of The City of Hackensack authorizes the purchase of automotive lubricants, engine/gear oils, greases, ATF, tractor fluid & hyd. oils and antifreeze and windshield washer fluids from David Weber Oil Company, 601 Industrial Road, Carlstadt New Jersey 07072.

BE IT FURTHER RESOLVED that the Chief Financial Officer has Certified that the funds are available in current account 3-01-31-460-460-253 in the Amount of $6,607.08.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK


RESOLUTION AUTHORIZING USE OF HARP HEALTH AWARENESS REGIONAL PROGRAM FOR MANTOUX TESTING 2014

WHEREAS, the City of Hackensack publicly advertised requests for Qualifications for Mantoux Testing 2014 through a fair and open process; and

WHEREAS, qualifications were received on January 14, 2014 for Mantoux Testing 2014 to render services to the City’s Department of Health; and

WHEREAS, one qualification was received from HARP Health Awareness Regional Program; and

NOW, THEREFORE, BE IT RESOLVED that the contract for Mantoux Testing 2014 be awarded to HARP Health Awareness Regional Program 25 East Salem Street, 5th floor, Hackensack, NJ 07601 at Tuberculosis exposure control plan $575.00, 2 step skin test $100.00 per employee, one step test $50.00 per employee, follow up: Counseling for positive reactors $40.00 per employee referral and follow up documentation $40.00 per employee; and

BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in the current account of 4-01-27-330-332-29X.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK


RESOLUTION AWARDING CONTRACT FOR ELEVATOR MAINTENANCE FOR THE CITY OF HACKENSACK TO STANDARD ELEVATOR

2/19/14

WHEREAS, pursuant to an advertisement in The Record, bids were received on January 9th, 2014 for Elevator Maintenance for the City of Hackensack for a Two Year Term; and

WHEREAS, one bid was received from Standard Elevator for $45,990.00 total per year and an hourly rate of $170.00 per hour; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the contract for Elevator Maintenance be awarded to Standard Elevator 68 Union Avenue, P.O. Box 2204, Clifton, NJ 07015;

BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in accounts 4-01-26-130-130-204, 4-05-55-502-000-276 and will be available in accounts 5-01-26-130-130-204, 5-05-55-502-000-276 effective February 2, 2014 through February 2, 2016.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused



RESOLUTION AUTHORIZING RAFFLE LICENSES

BE IT RESOLVED, by the City Council of the City of Hackensack that the following organizations be granted permission to conduct a Raffle in accordance with the applications on file in the office of the City Clerk:

RA#2053 Bergen Community College Foundation

RA#2054 Rotary Club of Hackensack

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK


RESOLUTION AUTHORIZING HEALTH OFFICER TO APPLY TO NATIONAL ASSOCIATION OF CITY AND COUNTY HEALTH OFFICERS FOR TRAINING GRANT PERTAINING TO POINT OF SALE TOBACCO

CONTROL EFFORTS

WHEREAS the City of Hackensack maintains the Hackensack Health Department as per the New Jersey Practice Standards for Public Health at N.J.A.C. 8:52; and

2/19/14

WHEREAS the National Association of City and County Health Officials (NACCHO) is offering a grant of $3,335 to allow two (2) health departments to send representatives to a training conference located in Chapel Hill, North Carolina to discuss Point of Sale Tobacco Control efforts; and

WHEREAS the Hackensack Health Department has maintained an active tobacco control program built around Tobacco Age of Sale Enforcement; and

WHEREAS the Hackensack Health Department could use the training as an opportunity to investigate the potential of expanding tobacco control programs for Hackensack; and

WHEREAS the grant would cover the cost of attendance and travel to this conference; and

WHEREAS the training conference would occur on April 24-25, 2014 in Chapel Hill, North Carolina; and

WHEREAS the Health Officer, Steven Peters, would attend the conference, and participate in further requirements of the grant of teleconferences after the conference, as supported the grant, should Hackensack be awarded the grant; and

NOW, THEREFORE, BE IT RESOLVED by the Hackensack Mayor and the City Council of the City of Hackensack that:

1. The Hackensack Health Officer is authorized to apply to NACCHO for this grant to pursue attendance at the training conference.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK


RESOLUTION FOR FISCAL GRANT FOR MUNICIPAL ALLIANCES FOR THE PREVENTION OF ALCOHOLISM AND DRUG ABUSE

WHEREAS, the Governor’s Council on Alcoholism and Drug Abuse established the Municipal Alliances for the Prevention of Alcoholism and Drug Abuse in 1989 to educate and engage residents, local government and law enforcement officials, schools, nonprofit organizations, the faith community, parents, youth and other allies in efforts to prevent alcoholism and drug abuse in communities throughout New Jersey.WHEREAS, the City Council of the City of Hackensack, County of Bergen, State of New Jersey recognizes that the abuse of alcohol and drugs is a serious problem in our society amongst persons of all ages; and therefore has an established Municipal Alliance Committee; andWHEREAS, the City Council further recognizes that it is incumbent upon not only public officials but upon the entire community to take action to prevent such abuses in our community; andWHEREAS, the City Council has applied for funding to the Governor’s Council on Alcoholism and Drug Abuse through the County of Bergen;

2/19/14

NOW, THEREFORE BE IT RESOLVED by the City of Hackensack, County of Bergen, State of New Jersey hereby recognizes the following:

1. The City Council does hereby authorize submission of a strategic plan for the Hackensack Municipal Alliance grant for fiscal year 2014 in the amount of:

DEDR $15,279.00Cash Match $ 3, 819.00In-Kind $ 11,459.00

2. The City Council acknowledges the terms and conditions for administering the Municipal Alliance Grant, including the administrative compliance and audit requirements.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK


RESOLUTION AUTHORIZING EMERGENCY REPAIR OF FIRE DEPARTMENT’S ENGINE 1

WHEREAS, the governing body of the City of Hackensack has been advised that an emergency affecting the safety and welfare of the citizens of the City of Hackensack and the general public existed when Engine 1 of the Fire Department became in-operable and in need of repairs; and

WHEREAS, the Fire Chief notified the City Manager setting forth the circumstances regarding the emergency; and

WHEREAS, the governing body is satisfied that an emergency exists and that immediate action is necessary to restore the aforementioned.

WHEREAS, the total cost of the repair is $5,635.04, which was a fair and reasonable; and

WHEREAS, the Chief Financial Officer has certified that funds are available in Current account 4-01-25-265-265-272; and

NOW THEREFORE BE IT RESOLVED by the City Council of the City of Hackensack that pursuant to N.J.S.A.40A: 11-6 which authorizes the governing body to award contracts without benefit of public bidding in emergency situations that the vendor Borough of Paramus-DPW, One Jockish Square, Paramus, New Jersey 07652 be paid therefore.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK

2/19/14


RESOLUTION AUTHORIZING JMS CHILDREN’S HOSPITAL AT HUMC TO PROVIDE PEDIATRIC SERVICES 2014

WHEREAS, The City Health Department publically advertised requests for Qualifications to provide Pediatric Services for 2014 and two bids were received on January 14, 2014; and

WHEREAS, JMS Children’s Hospital at HUMC can provide Pediatric Services three times per month for $100.00 per hour, not to exceed $10,000.00; and

WHEREAS, the maximum amount for such service will not exceed $10,000.00; and

NOW, THEREFORE, BE IT RESOLVED that the contract for Pediatric Services 2014 be awarded to JMS Children’s Hospital at HUMC 30 Prospect Avenue, Hackensack, New Jersey 07601; and

BE IT FURTHER RESOLVED a certificate establishing the funds are available from current fund account #4-01-27-330-330-208 has been issued by the Chief Financial Officer.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK


RESOLUTION TO RESCIND RESOLUTION NO. 419-13 RENEWAL OF LIQUOR LICENSE 0223-44-066-004 (88 CAPITAL, INC.)

WHEREAS, the City of Hackensack adopted Resolution No. 419-13 on October 8, 2013; andWHEREAS, the Council finds it necessary to repeal this Resolution due to the inadvertent granting of a Liquor License renewal by the prior City Clerk.NOW THEREFORE BE IT RESOLVED, that Resolution No. 419-13 has been rescinded.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK


RESOLUTION RESCINDING RESOLUTION NO 418-13 AND REPLACING WITH RESOLUTION NO 70-14 REGARDING APPOINTMENT OF TRUSTEE BARBARA

EDWARDS, ESQ. FOR BACKRUPTCY ESTATE OF 88 CAPITAL, INC.

2/19/14

WHEREAS, the City of Hackensack adopted Resolution No. 418-13 on October 8, 2013; and

WHEREAS, the Council now finds it necessary to repeal this Resolution in full and replace with the following.

WHEREAS, on June 15, 2012, Plenary Retail Distribution license No. 0223-44-66-004 formerly owned by 88 Capital, Inc. and previously operating as Frontier Liquors at 500 River Street, Hackensack, NJ, was sold at auction by the United States Bankruptcy Court, District of New Jersey; and

WHEREAS, previous to that date, a Notice of Appointment of Trustee was

issued by the United States Bankruptcy Court, District of New Jersey appointing Barbara A. Edwards, Esq., c/o Muscarella, Bochet, Edwards & D’Alessandro, 10-04 River Road, Fair Lawn, NJ, 07410 as interim chapter 7 trustee of the bankruptcy estate of 88 Capital, Inc., which includes Plenary Retail Distribution license No. 0223-44-66-004; and

WHEREAS, pursuant to statute, when a licensee goes into bankruptcy, receivership or similar court-supervised insolvency proceedings, the license must be extended to the trustee, receiver or other court-appointed person by the issuing authority.

NOW, THEREFORE, BE IT RESOLVED, that Plenary Retail Distribution license No. 0223-44-66-004 issued by the City of Hackensack is hereby extended to Barbara A. Edwards, Esq., c/o Muscarella, Bochet, Edwards & D’Alessandro, 10-04 River Road, Fair Lawn, NJ, 07410 nunc protunc effective June 30, 2013.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK


RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH BAY FIREWORKS/PYRO ENGINEERING INC FOR 2014

WHEREAS, the City of Hackensack is desirous of obtaining a Fireworks display for the City of Hackensack festivities on July 4th, 2014; and

WHEREAS, it is the desire of the Mayor and Council to engage the services of Bay Fireworks to perform this service; and

WHEREAS, such service, being specialized and qualitative in nature, and which requires expertise, extensive training and proven reputation in the field of endeavor, are “Extraordinary unspecifiable services” as that term is defined in N.J.S.A. 40A:11-2 (7) and are, therefore, exempt from public bid; and

WHEREAS, the Chief Financial Officer has certified that funds will be available in the 2014 budget, current account 4-01-30-420-420-29W, in the amount not to exceed $15,000.00; and

2/19/14

WHEREAS, the Local Public Contracts Law requires that the resolution authorizing the award of contracts for extraordinary, unspecifiable services without competitive bidding and the contract must be available for public inspection;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that:

1) The Mayor and City Clerk be and they are hereby authorized and directed to execute a contract with Bay Fireworks/Pyro Engineering, Inc., for the performance of the aforedescribed extraordinary, unspecifiable services.

2) This contract is awarded without competitive dibbing as an extraordinary, unspecifiable service in accordance with N.J.S.A. 40A:11-5 (i)(a)(1) of the Local Public Contract Law.

BE IT FURTHER RESOLVED, that the City Clerk be and is hereby directed to retain a copy of the contract, upon execution for public inspection and to publish a notice of this action once in The Record.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK


RESOLUTION OF THE CITY OF HACKENSACK, COUNTY OF BERGEN, DECLARING ITS INTENT TO FULLY COMPLY WITH ITS MOUNT LAUREL OBLIGATIONS VOLUNTARILY AND SEEKING TO SECURE THE BENEFITS THAT OUR LAWS PROVIDE TO MUNICIPALITIES THAT COMMIT TO COMPLY VOLUNTARILY -- PROTECTION FROM MOUNT LAUREL LAWSUITS.

WHEREAS, in Southern Burlington County N.A.A.C.P. v. Tp. of Mount Laurel, 92 N.J. 158 (1983) (“Mount Laurel II”), the New Jersey Supreme Court emphasized its desire to promote voluntary compliance by municipalities: “[o]ur rulings today have several purposes. First, we intend to encourage voluntary compliance with the constitutional obligation. . .”; and

WHEREAS, based upon the Supreme Court’s desire to promote voluntary compliance, Judge Serpentelli devised the doctrine of “immunity” to enable municipalities to achieve compliance under the protection of any immunity order free from the costs, burdens and distractions of builder’s remedy lawsuits; and

WHEREAS, the immunity doctrine enables municipalities to devote the public’s finite resources exclusively to compliance, and not litigation, in accordance with the Supreme Court’s desire to limit excessive litigation; and

WHEREAS, in Hills Dev. Co. v. Tp. of Bernards, 103 N.J. 1, 64 (1986) (“Mount Laurel III”), the New Jersey Supreme Court openly praised the three Mount Laurel trial judges, which included Judge Serpentelli, for their “innovative refinement of techniques for the process of litigation,” and temporary immunity constituted just such a refinement; and

WHEREAS, the Legislature enacted the New Jersey Fair Housing Act (‘FHA”) in 1985 in response to a plethora of builder’s remedy suits precipitated by Mount Laurel II; and

2/19/14

WHEREAS, the Legislature, like the Supreme Court in Mount Laurel II, sought to encourage voluntary compliance by providing a process by which municipalities could bring themselves into COAH’s jurisdiction and comply voluntarily under the protective umbrella of COAH’s jurisdiction free from the burdens of Mount Laurel lawsuits; and

WHEREAS, indeed, the Legislature clearly stated that it enacted the FHA to create an alternative to builder’s remedy litigation: “[T]he State's preference for the resolution of existing and future disputes involving exclusionary zoning is the mediation and review process set forth in this act and not litigation, and that it is the intention of this act to provide various alternatives to the use of the builder's remedy as a method of achieving fair share housing.” See N.J.S.A. 52:27D-303; and

WHEREAS, on August 31, 2001, Judge Serpentelli had the opportunity to reevaluate

the immunity doctrine following the enactment of the FHA in a case entitled, K. Hovnanian Shore Acquisitions, Inc. v. City of Hackensack, Docket No OCN-L-1120-01; and

WHEREAS, in that case, the plaintiff-developer argued that the FHA extinguished the need for temporary immunity by creating a means by which municipalities could voluntarily comply through an administrative process; and

WHEREAS, Judge Serpentelli rejected this argument, even though the FHA had created an administrative alternative to voluntary compliance preferred by all three branches of government; and

WHEREAS, in an opinion entitled K. Hovnanian Shore Acquisitions v. Tp. of Hackensack, 2003 WL 23206281, (App. Div. Jul 01, 2003), the Appellate Division upheld Judge Serpentelli’s ruling and declared that “voluntary compliance is preferred, should be encouraged, and that a builder's remedy action should be considered a remedy of last resort;” and

WHEREAS, trial judges have routinely used the immunity doctrine to protect municipalities that have expressed a commitment to comply voluntarily; and

WHEREAS, Fair Share Housing Center has brought a motion in aid of litigant’s rights in a case entitled In re Adoption Of N.J.A.C. 5:96 and 5:97 By New Jersey Council On Affordable Housing, 416 N.J.Super. 462 (App. Div. 2010), affirmed, 215 N.J. 578 (2013) and sought relief which could expose Hackensack City, as well as over three hundred other municipalities under COAH’s jurisdiction, to Mount Laurel lawsuits; and

WHEREAS, more specifically, FSHC asked the Appellate Division, among other things, to direct trial judges throughout the state to establish the affordable housing standards with which municipalities must comply in lieu of COAH; and

WHEREAS, such a ruling would expose Hackensack to Mount Laurel suits if the Appellate Division, as part of any procedures it may require, does not give Hackensack immunity as it completes the process of voluntary compliance in the court arena that it initiated in the COAH arena; and

WHEREAS, builder’s remedy suits are very expensive and the City intends to take the actions necessary (a) to avoid such costs if the Appellate Division does not incorporate immunity into its rulings and (b) to devote the public’s finite resources to compliance with whatever obligations may be assigned; and

WHEREAS, the City wishes to direct Special Mount Laurel Counsel to move quickly on behalf of the City to obtain immunity, if the need arises from the rulings issued by the Appellate Division; and

WHEREAS, to this end, the City wishes to direct counsel to bring a declaratory relief action and to simultaneously seek an immunity order so that the City may comply with whatever reasonable requirements the trial judge may deem appropriate.

NOW, THEREFORE, BE IT RESOLVED as follows:

2/19/14

1. The City of Hackensack hereby reaffirms its commitment to satisfy any obligations a court may reasonably require.2. The City hereby directs its Mount Laurel professionals to draft a declaratory complaint in accordance with applicable law.3. In the event that the Appellate Division in In Re 5:96 and 5:97 rules that trial judges shall define the affordable housing responsibilities in lieu of COAH and does not provide the City immunity as part of its rulings, the City directs its Mount Laurel professionals to immediately (1) file a declaratory action, (2) simultaneously seek temporary immunity from all Mount Laurel lawsuits; and (3) to take whatever actions are reasonable and necessary to maintain immunity and to assist the City in securing a formal judgment of constitutional compliance by the Court.4. This Resolution shall take effect immediately.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK


RESOLUTION AFFIRMING THE CITY OF HACKENSACK’S ROLE IN THE PREPARATION OF THE CITY’S WASTEWATER MANAGEMENT PLAN

WHEREAS, the City of Hackensack (“City”) is governed under the 1923 Municipal-Manager Form of Government, N.J.S.A. 40:82-1, et. seq.; and

WHEREAS, the City has received notification from the Bergen County Utilities Authority in a letter dated December 23, 2013, that the City is responsible for wastewater management planning under N.J.A.C. 7:15-5.13(B); and

WHEREAS, the Bergen County Utilities Authority in the same letter indicated its willingness to prepare a wastewater management plan for the portion of the City in the Bergen County Utilities Authority service area, provided the City waives its responsibility for wastewater management planning within that area.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the City will not request the planning responsibility for the City in the updating and amending of the Wastewater Management Plan from the New Jersey Department of Environment Protection.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused

Battaglia X Deputy Mayor Canestrino

X X

Sims X Greenman X X Mayor Labrosse X

CITY OF HACKENSACK


2/19/14

RESOLUTION AUTHORIZING USE OF ARCADIS-US, INC FOR EPA ENGINEERING SERVICES PART 1

WHEREAS, pursuant to an advertisement in The Record July 8, 2013, Requests for Qualifications were received on July 18, 2013, for Professional Service Providers; and

WHEREAS, the City of Hackensack has passed resolution #361-13 and entered into contract for Consulting Municipal Engineer with Arcadis-US, Inc., 17-17 Route 208 North, Fair Lawn, New Jersey, 07410; and

WHEREAS, the amount for the EPA Engineering Services Part 1 is $42,200.00; and

BE IT FURTHER RESOLVED, that the Chief Financial Officer has certified that funds will be available in current account 4-01-26-311-311-204.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council, authorizes the execution of the EPA Engineering Services Part 1 with Arcadis-US, Inc., 17-17 Route 208 North, Fair Lawn, New Jersey, 07410.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK


RESOLUTION SUPPORTING THE NORTHERN BRANCH LIGHT RAIL PROJECT

WHEREAS, the City of Hackensack (“City”) is governed under the 1923 Municipal-Manager Form of Government, N.J.S.A. 40:82-1, et. seq.; and

WHEREAS, the City received a letter dated January 31, 2014, from Senator Loretta Weinberg and Assemblyman Gordon M. Johnson seeking the City’s support of the Northern Branch Light Rail Project, requiring construction of the proposed Northern Branch Corridor; and

WHEREAS, the Northern Branch Light Rail Project will extend the Hudson-Bergen Light Rail from the current Tonnelle Avenue terminus to a terminus located at Englewood Hospital and Medical Center; and

WHEREAS, the Northern Branch Light Rail Project was repetitively studied and has undergone years of planning; and

WHEREAS, the Hudson Bergen Light Rail Line does not have a station in Bergen County; and

WHEREAS, the Northern Branch Light Rail Project will provide more mass transit options for residents; and

WHEREAS, the Northern Branch Light Rail Project will reduce traffic and provide economic benefits for our region; and

2/19/14

WHEREAS, building the Northern Branch Light Rail Corridor will take considerable effort and coordination from all government levels; and

WHEREAS, the City Council finds that it is in the City’s best interest to support Northern Branch Light Rail Project.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the City support the construction of the Northern Branch Light Rail Corridor.

BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to our representative in the New Jersey State Legislature and New Jersey Transit.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK


RESOLUTION TO AUTHORIZE EXECUTION OF AN APPLICATION OF JUDGMENT PURSUANT TO N.J.S.A. 54:51A-8 (TAX COURT FREEZE ACT)

THOMAS F. DiLULLO v. HACKENSACK CITY (2012)

WHEREAS, Thomas F. DiLullo is the owner of real estate known as Block 543, Lot 1, at 123 Clarendon Place, Hackensack, New Jersey; and

WHEREAS, the owner filed a tax appeal challenging the tax assessment for the tax year 2012 that resulted in a Judgment in an assessment of 398,000; and

WHEREAS, the taxpayer is seeking relief for the 2013 and 2014 tax year under N.J.S.A. 54:51A-8 (Tax Court Freeze Act); and

WHEREAS, a Judgment was entered by the Tax Court of New Jersey for the tax year 2012 on or about August 9, 2013 determining the assessment to be 398,000; and

WHEREAS, the language contained in N.J.S.A. 54:51A-8 permits the 2012 Judgment to be binding for the 2012 assessment year and the two succeeding assessment years (2013 and 2014); and

WHEREAS, the tax assessment for 2013 is 450,000 and the assessment for the 2014 tax year has been changed to 398,000; and

WHEREAS, the City’s Tax Appeal Attorney, Marc A. Raso, Esq. and the City’s Tax Assessor, Arthur Carlson are in agreement with the assessment amount set forth in the 2012 Judgment and the Freeze Act Language set forth in N.J.S.A. 54:51A-8 that warrants the revised assessment of 398,000 for the 2013 tax year ;

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the City of Hackensack agrees to authorize the City’s Tax Appeal Attorney to execute an Application for Judgment pursuant to N.J.S.A. 54-51A-8 on behalf of the City of Hackensack as it relates to the final judgment that has been entered by the Tax Court for the 2012 tax year under Docket No. 019652-2012, Block 543, Lot 1, at the 2012 assessment set forth above; and

BE IT FURTHER RESOLVED that upon receipt of the Tax Court Judgment that the Tax Collector is authorized to calculate the amount of the refund and cause same to be paid within sixty (60) days of the date of entry of the Tax Court Judment; and

2/19/14

BE IT FURTHER RESOLVED that copies of this Resolution are to be provided to the City Clerk, City Tax Assessor, and City Tax Appeal Attorney, Marc A. Raso, Esq.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK


RESOLUTION AUTHORIZING PURCHASE OF SALT FOR DEPARTMENT OF PUBLIC WORKS FROM BERGEN COUNTY COOPERATIVE

PURCHASING PROGRAM

WHEREAS, The City of Hackensack purchased salt for the Department of Public Works from an authorized vendor of the Bergen County Cooperative Purchasing Program Notice of award contract 13-82, Resolution #1126-13 dated August 7, 2013 for Rock Salt; and

WHEREAS, this purchase of goods and services by local contracting units is authorized by the Local Public Contract Law (N.J.S.A. 40A: 11-12) and;

WHEREAS, Cargill Inc.-Deicing Technology P.O. Box 415927, Boston, MA 02241-5927 has been awarded the Bergen County Contract; and

WHEREAS, the Superintendent of The Department of Public Works recommends and the Director of Purchasing agrees that the utilization of the contract represents the best price available and is in the best interest of the City of Hackensack;

WHEREAS, the actual cost of this purchase of salt is $25,948.21; and

WHEREAS, the Chief Financial Officer has certified that the funds are available in the current account #4-01-26-290-291-264; and

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council ofThe City of Hackensack that Cargill Inc.-Deicing Technology P.O. Box 415927, Boston, MA 02241-5927 be paid therefore.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused



RESOLUTION AUTHORIZING TAX 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 refunds for the reasons stated:

2/19/14

AMOUNT BLOCK LOT/QUAL NAME YEAR REASON

$228.41 74 12C003D Corelogic 2013 CBJAttn: Refund Department

For Muriel, GregoryP.O. Box 961250

Fort Worth, TX 76161

$1,849.78 115 9 Flagstar Bank 2013 CBJ

For Ulysse, VirgilOne Corelogic Dr

Westlake, TX 76262

$736.69 237 2C002D CitiMortgage, Inc 2013 CBJFor Rowan, Scott

and Lizardo, GlennisP.O. Box 23689

Rochester, NY 14692

$1,933.42 237 2.BC002C Valley National Bank 2013 CBJFor Eberson, Betty

1445 Valley RdWayne, NJ 07470

$1,293.23 321 1C001F Mohr-Gardner, Edeltraud 2013 CBJ 300 Park St 1F Hackensack, NJ 07601

$842.85 341 8C004F CitiMortgage 2013 CBJFor Czubaruk, Karen

95 Methodist Hill Suite 100Rochester, NY 14623

$414.99 341 8CS10J Seidman, Bernard & Aline 2013 CBJ316 Prospect Ave #S10JHackensack, NJ 07601

$208.00 341 8CS10J Seidman, Bernard & Aline 2014 CBJ316 Prospect Ave #S10JHackensack, NJ 07601

$913.63 343 14C003E Rosen, Carol 2013 CBJ235 Prospect Ave #3EHackensack, NJ 07601

$1,486.25 434 15C003J CitiMartgage Inc 2013 CBJFor Pichard, GaryP.O. Box 23689

Rochester, NY 14692

$733.48 344 16C004H Schachtel, Deborah 2013 CBJ307 Prospect Ave #4HHackensack, NJ 07601

$595.15 435 1C0N3D CitiMortgage Inc 2013 CBJFor Chapman, Betty208 Anderson N3D

P.O. Box 23689Rochester, NY 14692

$608.01 435 1C0S5H Chase Refund Department 2013 CBJFor Ruberti, Marion Palser

208 Anderson StP.O. Box 961227

2/19/14

Fort Worth, TX 76161

$1,582.00 540 1C00H6 BAC/Corelogic 2013 CBJFor Finnegan, Elizabeth

P.O. Box 961230Fort Worth, TX 76161

$952.23 541 1C005C Indy Mac Bank/One Est Bank

2013 CBJ

For Romagnino, PaulAttn: Chris Meyers6900 Beatrice Dr

Kalamazoo, MI 49009

$4,873.51 106 13C00D3 Advance Housing 2002 Order for$4,907.74 100 Hollister Street 2003 Final Judgment$4,949.38 Teterboro, NJ 07608 2004 Granting Tax$5,000.82 2005 Exemption Status$5,154.29 2006$4,566.38 2007$5,885.24 2008$5,993.67 2009

$41,331.03

$5,282.34 219 25C004A Advance Housing 2002 Order for$5,319.78 100 Hollister Street 2003 Final Judgment$5,363.16 Teterboro, NJ 07608 2004 Granting Tax$5,420.37 2005 Exemption Status$5,585.64 2006$5,581.97 2007$5,668.73 2008$5,752.58 2009

$43,974.57

$3,750.82 351 113C0004 Advance Housing 2002 Order for$3,777.32 100 Hollister Street 2003 Final Judgment$3,841.15 Teterboro, NJ 07608 2004 Granting Tax$3,882.14 2005 Exemption Status$3,993.96 2006$5,260.98 2007$4,445.41 2008$4,506.70 2009

$33,458.48

$5,457.52 537 1C004E Advance Housing 2002 Order for$5,496.25 100 Hollister Street 2003 Final Judgment$5,542.50 Teterboro, NJ 07608 2004 Granting Tax$5,600.14 2005 Exemption Status$5,771.97 2006$7,124.74 2007$7,230.11 2008$7,344.44 2009

$49,567.67

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK


2/19/14

RESOLUTION RESCINDING RESOLUTION NO. 424-13 AND AUTHORIZATION TO EXECUTE LEASE FOR SIX 2014 DODGES FOR THE POLICE DEPARTMENT FROM TD EQUIPMENT FINANCE, INC. UNDER NJ

STATE CONTRACT #82927

WHEREAS, by Resolution #424-13 dated October 22, 2013, the Mayor and City Council of the City of Hackensack authorized the execution of a new lease for (6) six new 2014 Dodge Chargers for the Police Department from Ford Motor Credit Company; and

WHEREAS, upon further investigation and due diligence, the Interim City Manager has determined that the terms offered by Ford Motor Credit Company for the lease of the 2014 Dodge Chargers did not represent the most advantageous price available in the marketplace; and

WHEREAS, The Mayor and Council of The City of Hackensack hereby rescind and revoke Resolution #424-13 dated October 22, 2013, in its entirety because more advantageous financial terms have been offered by TD Finance, Inc. (TD Finance, Inc. has offered a lease rate of 2.75% as opposed to a lease rate of 5.75% from Ford Motor Credit Company) for the purchase of six (6) new Dodge Chargers under New Jersey State Contract #82927 Carman Dodge, Inc.; and

WHEREAS, the City of Hackensack still wishes to lease (6) six 2014 Dodge Chargers for the Police Department for a three year period with an option to purchase pursuant to a lease purchase agreement authorized by the Local Public Contract Law (N.J.S.A. 40A:11-12); and

WHEREAS, the Interim City Manager agrees that the utilization of the contract represents the best price available and is in the best interests of the City of Hackensack.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Hackensack that the Interim City Manager is hereby authorized to execute a new lease for six (6) new 2014 Dodge Chargers for the Police Department from TD Equipment Finance, Inc., 1006 Astoria Blvd, Cherry Hill, New Jersey 08034; and

BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in account T-03-56-850-836-801 for the amount of $51,218.58 and will be available in 5-01-25-240-240-261, 6-01-25-240-240-261 subject to appropriation by the governing body.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK


RESOLUTION REJECTING PRINTING REQUIREMENTS BID

WHEREAS, bids were advertised to be received on January 9, 2014 for Printing Requirements for the City of Hackensack; and

WHEREAS, three bids were received; and

WHEREAS, after review by the City Manager and Director of Purchasing, it has been determined that these bids should be rejected due to revising the scope of the project.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council that the Director of Purchasing is directed to advertise for Request for Proposals.

Council Intr Secon Yes No Abstai Excuse

2/19/14

Member o d nAbsen

t dBattaglia X Deputy Mayor Canestrino X X Sims X Greenman X X Mayor Labrosse X

CITY OF HACKENSACK


RESOLUTION FOR PEDIATRIC SERVICES TO BE PROVIDED BY M.E.JONES FOR 2014

WHEREAS, The City Health Department publically advertised requests for Qualifications to provide Pediatric Services for 2014 and two bids were received on January 14, 2014; and

WHEREAS, M.E. Jones can provide Pediatric Services two times per month for $110.00 per hour, not to exceed $7,600.00; and

WHEREAS, the maximum amount for such service will not exceed $7,600.00; and

NOW, THEREFORE, BE IT RESOLVED that the contract for Pediatric Services 2014 be awarded to Dr. Marjorie E. Jones 35 Brinkerhoff Avenue, Teaneck, N.J. 07666; and

BE IT FURTHER RESOLVED a certificate establishing the funds are available from current fund account #4-01-27-330-330-208 has been issued by the Chief Financial Officer.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK


RESOLUTION QUALIFYING PROFESSIONAL SERVICE PROVIDERS AND AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS WITH SUCH QUALIFIED PROFESSIONALS (PARKING CONSULTANT)

WHEREAS, it has become necessary for the City of Hackensack (“City”) to engage

various professional service providers, specifically, a parking consultant; and

WHEREAS, the City of Hackensack desires to appoint such professionals by a “fair and

open process” pursuant to N.J.S.A. 19:44A-20.1 et seq.; and

2/19/14

WHEREAS, the City issued and advertised requests for qualifications (“RFQ’s”) on the

City’s website and in official newspapers on Monday, January 10, 2014; and

WHEREAS, qualification statements by professionals were submitted to the City by

January 21, 2014, at 10:00 a.m.; and

WHEREAS, the City received one (1) response for the position of parking consultant:

1. Bier Associates144 Livingston AvenueNew Brunswick, New Jersey 08901

WHEREAS, the qualification statements were reviewed to determine applicants that

have met the minimum professional, administrative and financial criteria described in the RFQ

and based upon the totality of the information contained in the qualification statements, including

information about the reputation and experience of each applicant and ability to best serve the

needs of the City of Hackensack; and

WHEREAS, the City found it in its best interests to qualify certain professional service

providers on February 19, 2014; and

WHEREAS, the City finds it in its best interests to now assign certain professional

service providers to handle the above referenced matters; and

NOW, THEREFORE, LET IT BE RESOLVED, by the Council of the City of

Hackensack, that the City finds it in its best interests to assign the following professional service

providers:

1. Parking Consultant

Bier Associates (Compensation will not exceed $75,000.00 without the express written authorization of the City)

BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute

contracts with the above professional service providers; and

BE IT FURTHER RESOLVED, that the City Clerk be and is hereby directed to retain a

copy of the contracts for public inspection.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK


2/19/14

RESOLUTION CONFIRMING ENDORSEMENT OF BERGEN COUNTY COMMUNITY DEVELOPMENT BLOCK 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, 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 so that implementation of the aforesaid projects may be expedited.APPLICANT PURPOSE AMOUNT

Alliance Against Homeless Maintenance & Operation $31,355 Bergen County of homes at 266 Spring Valley Ave

Alliance Against Homeless To obtain permanent housing $60,000Bergen County for homeless individuals

Family Teen Center Operations $ 5,327

Family Teen Center Project Expenses $21,045

Family Teen Center Cosmetic Renovations $250,000

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK


TRANSFER OF 2013 APPROPRIATION RESERVES

WHEREAS, various Year 2013 bills have been presented for payment this year, which bills were not covered by Year 2013 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 year and the first three months of the reserve.

2/19/14

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Hackensack that the transfers in the amount of $268,800.00 be made between the Year 2013 Budget Appropriations as follows:FROM DEPARTMENT

3-01-25-240-240-122 Police S/W $268,800.00

Total $268,800.00

TO DEPARTMENT

3-01-23-210-210-284 Group Insurance – Health Benefits $258,000.00

3-01-26-305-305-272 Garbage & Trash O/E $1,000.00

3-01-28-370-370-21BRecreation O/E $1,000.00

3-01-28-375-375-271 Parks & Playgrounds O/E $3,600.00

3-01-31-445-445-247 Utilities – Water $5,200.00

Total $268,800.00

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK


EMERGENCY TEMPORARY APPROPRIATION

Prior to the Adoption of the budget

Per N.J.S.A. 40A:4-20

WHEREAS, an emergency condition has arisen with respect to the need to make payments for operating expenses prior to the adoption of the budget, and no adequate provision has been made in the 2014 temporary budget for the aforesaid purpose; and WHEREAS, N.J.S.A. 40A:4-20 provides for the creation of an emergency temporary appropriations for the purpose above mentioned; and WHEREAS, the total emergency temporary appropriations adopted in the year pursuant to the provision of N.J.S.A. 40A:4-20 (Chapter 96, P.L. 1951 amended) including this resolution total $435,200.00.NOW THEREFORE BE IT RESOLVED, (not less than two-thirds of all members therefore affirmatively concurring) that in accordance with N.J.S.A. 40A:4-20:

1. An emergency temporary appropriation be and the same is hereby made for:

TEMPORARY BUDGET APPROPRIATION S&W O/E TOTAL

Financial Admin O/E 4-01-20-130-130-232 $6,900 $6,900

Tax Collector O/E 4-01-20-145-145-232 $9,300 $9,300

General Insurance O/E 4-01-23-220-220-285 $167,000 $167,000

Public Buildings O/E 4-01-26-130-130-204 $10,000 $10,000

2/19/14

Streets & Roads S/W 4-01-26-290-290-101 $22,000 $22,000

Snow Removal S/W 4-01-26-290-291-116 $60,000 $60,000

Snow Removal O/E 4-01-26-290-291-264 $50,000 $50,000

Accumulated Wages 4-01-30-415-416-119 $110,000 $110,000

Total $192,000 $243,200 $435,200

2. That said emergency appropriation will be provided for in the 2014 operating budget in full.

3. That three certified copies of this resolution be filed with the Director of the Division of Local Government Services

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK


TRUST FUND APPLICATION FOR OUTDOOR MUNICIPAL PARK RECREATION IMPROVEMENT.

WHEREAS, the Bergen County Open Space, Recreation, Farmland and Historic Preservation Trust fund (“County Trust Fund”), provides matching grants to municipal governments and to nonprofit organizations for assistance in the development or redevelopment of municipal recreation facilities; and WHEREAS, the City of Hackensack desires to further the public interest by obtaining a matching grant of $268,085.00 from the County Trust Fund to fund the following project: “Cultural Arts Center Open-Air Venue Park; “ and WHEREAS, the City Council has reviewed the County Trust Fund Program Statement, and the Trust Fund Municipal Program Park Improvement application and instructions and desires to make an application for such a matching grant and provide application information and furnish such documents as may be required; and WHEREAS, as part of the application process, the City Council received public comments on the proposed park improvement in the application on February 19, 2014; and WHEREAS, the County of Bergen shall determine whether the application is complete and in conformance with the scope and intent of the County Trust Fund; and WHEREAS, the applicant is willing to use the County Trust Fund in accordance with such rules, regulation and applicable statues, and is willing to enter into an agreement with the County of Bergen for the above named project and ensure its completion on or about the project contract expiration date. NOW, THEREFORE, BE IT RESOLVED, by the City of Hackensack Mayor and Council:

1. That it is hereby authorized to submit the above completed project application to the County; and

2/19/14

2. That, in the event of a County Trust Fund award that may be less than the grant amount requested above, the City of Hackensack has, or will secure, the balance of funding necessary to complete the project, or modify the project as necessary; and

3. That the City of Hackensack is committed to providing a dollar for dollar cash match for the project; and

4. That only those park improvements identified and approved in the project application, its Trust Fund Contract, or other documentation will be considered eligible for reimbursement; and

5. That the City of Hackensack agrees to comply with all applicable federal, state, and local laws, rules, and regulations in its performance of the project; and

6. That this resolution shall take effect immediately.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK


RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED BY AVALONBAY COMMUNITIES, INC.

WHEREAS, in connection with the subdivision approval received for the property identified as Block 504.02, Lot 13.02, located at 414 Hackensack Avenue, in the City of Hackensack (the “Property”), Avalon Bay Communities, Inc. (the “Developer”) posted a performance guarantee in the form of a Subdivision Performance Bond, issued by Travelers Casualty and Surety Company of America, dated September 9, 2011, Bond No. 105657552, in the amount of One Million, Seven Hundred Ninety Nine Thousand, Four Hundred Twenty Seven and 96/100 ($1,799,427.96) Dollars, along with a cash deposit in the amount of One Hundred Ninety Nine Thousand, Nine Hundred Thirty Six and 44/100 ($199,936.44) Dollars (the “Performance Guarantee”); and

WHEREAS, the Developer has requested the release of the Performance Guarantee; and

WHEREAS, Neglia Engineering Associates, City Engineer, reviewed the Developer’s request, and, by letter dated December 16, 2013, determined that the Developer has completed the improvements and recommended the release of the Performance Guarantee subject to the posting of the required maintenance guarantee; and

WHEREAS, as required by the conditions of approval, and pursuant to the City Engineer’s December 16th letter, the Developer shall submit a two (2) year maintenance guarantee in the amount of Two Hundred Eighty Three Thousand, Two Hundred Forty Three and 29/100 ($283,243.29) Dollars (“Maintenance Guarantee”); and

WHEREAS, the Maintenance Guarantee is subject to review and approval by the City Attorney; and

WHEREAS, on the basis of the recommendation of the City Engineer, and subject to the submission of an approved Maintenance Guarantee, the City Council finds it to be appropriate to release the Performance Guarantee and accept the Maintenance Guarantee to be posted by the Developer.

2/19/14

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 Performance Guarantee posted by Developer is hereby released, subject to the submission and approval of the Maintenance Guarantee.

2. The City of Hackensack reserves the right to seek relief against the Developer in the event subsequent circumstances should reveal defects in the workmanship and maintenance of the improvements installed.

BE IT FURTHER RESOLVED that this Resolution shall take effect pursuant to law.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK


RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH OTTERSTEDT AGENCY FOR RISK MANAGEMENT SERVICES

THIS AGREEMENT, entered into this 1st day of January 1, 2014, between the City of Hackensack (hereinafter referred to as GOVERNING BODY) and Otterstedt Insurance Agency, Inc. of Hasbrouck Heights (hereinafter referred to as the CONSULTANT); and

WHEREAS, the CONSULTANT has offered to the GOVERNING BODY professional risk management consulting services as required in the bylaws of the South Bergen Municipal Joint Insurance Fund and the Municipal Excess Liability Joint Insurance Funds; and

WHEREAS, the GOVERNING BODY desires these professional services pursuant to the resolution adopted by the governing body of the GOVERNING BODY at a meeting held January 28, 2014.

NOW, THEREFORE, BE IT RESOLVED, the parties in consideration of the mutual promises and covenants set forth herein, agree as follows:

1. For and in consideration of the amount stated hereinafter, the CONSULTANT shall:

a) Assist the GOVERNING BODY in identifying its insurable Property & Casualty exposures and to recommend professional methods to reduce, assume or transfer the risk or loss.

b) Assist the GOVERNING BODY in understanding the various coverages available from the South Bergen Municipal Joint Insurance Fund and the Municipal Excess Liability Joint Insurance Fund.

c) Review with the GOVERNING BODY any additional coverages that the CONSULTANT feels should be carried but are not available from the FUND and subject to the GOVERNING BODY's authorization, place such coverages outside the FUND.

d) Assist the GOVERNING BODY in the preparation of applications, statements of values, and similar documents requested by the FUND, it being understood that this Agreement does not include any appraisal work by the CONSULTANT.

e) Review Certificates of Insurance from contractors, vendors and professionals when requested by the GOVERNING BODY.

2/19/14

f) Review the GOVERNING BODY's assessment as prepared by the FUND and assist the GOVERNING BODY in the preparation of its annual insurance budget.

g) Review the loss and engineering reports and generally assist the safety committee in its loss containment objectives. Also, attend no less than one (1) municipal safety committee meeting per annum to promote the safety objectives and goals of the GOVERNING BODY and the FUND.

h) Assist where needed in the settlement of claims, with the understanding that the scope of the CONSULTANT's involvement does not include the work normally done by a public adjuster.

i) Perform any other risk management related services required by the FUND's bylaws.

2. In exchange for the above services, the CONSULTANT shall be compensated in the following manner:

a) The CONSULTANT shall be paid by the GOVERNING BODY a fee as compensation for services rendered, an amount equal to six percent (6%) of the GOVERNING BODY's annual assessment as promulgated by the FUNDs. Said fee shall be paid to the CONSULTANT within thirty (30) days of payment of the GOVERNING BODY's assessment.

b) For any insurance coverages authorized by the GOVERNING BODY to be placed outside the FUND, the CONSULTANT shall receive as compensation the normal brokerage commissions paid by the insurance company. The premiums for said policies shall not be added to the FUND's assessment in computing the fee outlined in 2 (a).

c) If the GOVERNING BODY shall require of the CONSULTANT extra services other than those outlined above, the CONSULTANT shall be paid by the GOVERNING BODY a fee at the rate of N/A per hour, in addition to actual expenses incurred.

3. The term of this Agreement shall be one (1) year. However, this Agreement may be terminated by either party at any time by mailing to the other written notice, certified mail return receipt, calling for termination at not less than thirty (30) days thereafter. In the event of termination of this Agreement, the CONSULTANT's fees outlined in 2 (a) above shall be prorated to date of termination.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK


RESOLUTION CONCERNING AMENDMENT TO BERGEN COUNTY DISTRICT SOLID WASTE MANAGEMENT PLAN TO INCORPORATE THE PROSPECT HEIGHTS CARE CENTER STERIMED SYSTEM 70 MEDICAL WASTE TREATMENT UNIT LOCATED AT LOT 10, BLOCK 341, 336 PROSPECT AVENUE, HACKENSACK, NEW JERSEY, 07601

WHEREAS, on July 31, 2013, the Bergen County Utilities Authority received an application to amend the Bergen County District Solid Waste Management Plan from Prospect Heights Care Center located at Lot 10, Block 341, 336 Prospect Avenue, Hackensack, New Jersey, 07601 (“Prospect Heights”) to operate a SteriMed System 70 Medical Waste Treatment Unit which:

2/19/14

[T]reat[s] and destroy[s] Regulated Medical Waste generated by Prospect Heights Care Center, Franklin Care Center, Medford Care Center, Regent Care Center and West Caldwell Care Center. The treatment process shall treat and destroy a maximum of .025 tons per day not to exceed .125 tons per week of Regulated Medical Waste in accordance with all permits, approvals, consent orders, registrations and/or certificates issued by the governmental subdivisions/agencies exercising jurisdiction upon Prospect Heights Care Center. The resulting Type 10 Solid Waste must be disposed of in accordance with the Bergen County District Solid Waste Management Plan.

WHEREAS, on December 19, 2013, the Bergen County Utilities Authority passed Resolution 13-6-006 which adopted the proposed amendment to the Bergen County District Solid Waste Management Plan for Prospect Heights to operate a SteriMed System 70 Medical Waste Treatment Unit subject to the following pertinent conditions: Prospect Heights would be permitted to treat and destroy .025 tons per day of Regulated Medical Waste and is limited to processing Regulated Medical Waste that is generated at the Prospect Heights Care Center only; and

WHEREAS, the Resolution of the Bergen County Utilities Authority dated December 19, 2013, recommends that Prospect Heights’ proposed amendment to the Bergen County District Solid Waste Management Plan be adopted by the Bergen County Board of Chosen Freeholders; and

WHEREAS, Prospect Heights’ proposed amendment to the Bergen County District Solid Waste Management Plan is presently before the Bergen County Board of Chosen Freeholders for consideration; and

WHEREAS, if the Bergen County Board of Chosen Freeholders adopts the proposed amendment to the Bergen County District Solid Waste Management Plan, it will be presented to the New Jersey Department of Environmental Protection for final approval; and

WHEREAS, the Mayor and City Council of the City of Hackensack have serious reservations and concerns regarding the proposed amendment to the Bergen County District Solid Waste Management Plan including:

Plans and methods to monitor the treatment of the medical waste. How is the disposal of needles handled. The treatment of medical waste on Prospect Avenue in a R-3 Zone which is primarily a

residential neighborhood and is one of the most dense neighborhoods in Bergen County. No other Bergen County medical facility is utilizing the SteriMed System. The possibility that Prospect Heights will revisit the ability to bring in medical waste

from other sites outside of Hackensack. The possibility that Prospect Heights will seeks to utilize the SteriMed System at other

sites in Hackensack in the future. A determination as to whether the medical waste should be incinerated. Potential radioactivity of the medical waste. Plans and methods to address potential radioactivity of the medical waste before it is

disposed of as Type 10 solid waste. Plans and methods to operate and maintain the SteriMed System. The potential for “mistreated” medical waste to enter the Type 10 solid waste stream. Prospect Heights’ use and development of the SteriMed System is not a permitted or

conditional use at 336 Prospect Avenue pursuant to the City’s Zoning Code or Prospect Height’s Variance.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the Mayor and Council strongly urge that for the reasons set forth above the Bergen County Board of Chosen Freeholders deny the proposed amendment to the Bergen County District Solid Waste Management Plan for Prospect Heights to operate a SteriMed System 70 Medical Waste Treatment Unit.

A motion was made by Councilman Sims and seconded by Councilwoman Greenman to open the meeting to the public.

2/19/14

Mayor Labrosse read a statement before opening the meeting to the public.

Jason Nunnamacker – 235 Prospect Avenue - Is there an OPRA policy that all OPRA requests be reviewed by the City Attorney? Answered by the City Attorney – there is no policy at this time for the city attorney to review all requests. Mr. Nunnamacker stated that he had made a request on 1/17/14 for City Attorney bills, have made this request before, and received them. Now there is a charge for them ($450.00) which should be a public record. Thought this city council was going to be more open dialogue and accessible to residents. Attorney replied, prior to our enactment of the OPRA Ordinance I believe that the prior city clerk had on occasion released these documents without attorney review, since that time we have instituted a policy that anything that might possibly contain attorney client information should be reviewed by the attorney. Case law is clear that matters that are still in litigation or where attorney client privilege still resides these matters that would have to be looked at by the attorney. Matters involving the best interest of the city need to be protected. In the matter of attorney client privilege being destroyed there is no way of getting it back. Attorney time can be billed as per law. Can quote estimated time to review. This will be the policy henceforth no matter what happened in the past.

Richard Salkin- Hackensack - Consent agendas are not legal in this form of government. Every resolution needs to be read. Will you please look at that portion of the statute. Attorney addressed this, there are items that can be on the consent agenda, we will be addressing the issue with the clerk going forward. Mr. Salkin stated that he had been 40 years practicing law and it is not that difficult to submit a bill where attorney client privilege is not jeopardized. Have you succeeded in getting city attorney bills under control? I don’t think so. Are you aware that as we speak Mr. Scrivio’s firm has billed $285,000.00. I will be happy to share my calculations. You are about to exceed if you already haven’t exceeded the $200,000. Is the resolution on the agenda tonight the appropriate action? Attorney addresses this by saying this has not been done prior in this city. We came in and tried to institute certain controls and those controls would be coordinating with clerk and CFO so bills wont’ be paid without knowing how much they are. Not to exceed resolutions will be on agenda at the appropriate times. This council doesn’t have a policy for time limits of meetings, Mayor Melfi’s name is on it. Most of my time was taken up by a verbose attorney.

Ms. Buttafucco - Fairmont Ave and Mr. Jared Wexler – Both members of the Rec Board. Questions on how things have been handled. Mr. McKenna should have been extended more courtesy since he had been on the board for such a long time, not just a letter thanking him for his service. The City has a very good rec program, numbers have increased, we take issue about a press release that was put out last week, with a Councilman taking credit for saving the girls basketball games. Past practice was that council members have stepped away from issues with the recreation.

Frank Rodriquez - Clinton Place Congratulations to Nellie K Parker, it is a great school. My granddaughter loves school, thank you to the board of education for its support of the teachers and staff. Contract for marketing and public relations- Write Associates, is Mr. Ammirato submitting detailed invoices for his service? City manager answered – monthly bill is submitted with overall statement of what was done. Where actual services are rendered, does he get into specifics of what he does. Press releases are attached.

Miguel Maldenado – 250 Parker Ave - All the praise for the DPW, I didn’t think they did a good job. A number of us got ticketed on Thursday, on Parker Avenue between Polifly and Prospect Ave. I have left messages for the city manager. Never received a call about the street cleaning. Mayor asked if there was a sign regarding parking when the road is snow covered. There are no signs. The city does have a policy in the city to enforce this. Mayor stated he will have to speak with the police director. Got a message

2/19/14

to move cars off the street till 7am. I told all on the street about this and then the street was never cleaned. Numerous people got ticketed. City manager spoke on this. Allowed cars to be parked until 7am in the lots, we tried to get to as many streets as we could. We did move our cars. Mayor stated that we had a tough 2 storms. We have to get the cars off the streets to properly plow.

Howard Hurowitz – 326 Prospect Ave. – The State of New Jersey requires that all officials file financial disclosure statements. The forms need to be filed by April 30th except newly elected who are to file within 30 days of taking office. None of you have filed. Attorney stated that paper forms should be filled out, and then summit to the state. I don’t know if it had been done after you were elected but if not, it can be done as soon as possible. Filing was done electronically last year. Mayor does recall filing electronically but not getting a receipt but yes to filing.

Karen Bloomenthal – Thank you for the no smoking in the parks and public places Ordinance that was passed tonight. We have the signs ready for the city.

Mr. Gaylord - Standish Ave – Standish Avenue is classified as an Emergency Street. Snow all goes to one side when it is plowed if this is a snow Emergency Street shouldn’t you be cleaning both sides? Have requested a stop sign on Hopper and Standish which is at the crest of the hill. You cannot see anyone till the last possible moment. In a snow emergency you have three options, ticket, tow or bury it. Are the emergency room and hospital garages taxed? Mayor some of the garages are taxed due to having retail. The Emergency room is outsourced? Mayor was not aware of that. Hospital too much property tax free. Seniors school taxes, no easy way to deal with this, must talk to the board of education. Cameras on buildings do we have then and does the city pay for them? Mayor stated that if a business has cameras the city doesn’t pay. Red light cameras the city doesn’t have. The city could possibly use confiscated funds, which wouldn’t be a tax issue for the residents.

Resident at 345 Railroad Ave – Had questions about James Street plowing and street cleaning. City manager stated that we are going street by street. With the rain coming we are now taking care of the catch basins. Will the west side of Railroad Avenue have street cleaning this week. Manager stated there will be no street cleaning if snow is still there.

Mr. Taylor -70 Anderson Ave – Holy Trinity Church parking lot had a lot of cars parked there during the storm. All the cars got ticketed and some were towed. How do you find out where to go? We did move our car to Atlantic Street. Residents are wondering where to park. Towing companies were charging between $400 and $800 to get your car back. How are you going to get the information out to the residents in the future. Mayor answered we did start late with the reverse 911 as we had just signed up for the program but it was on the website also. Mayor would like the city manager to look into the price gauging by the towing companies. It is important that we clear this up. Will be sitting down after the winter season to see what could be done in the future to make this better.

Eric Anderson – Bergen Street – Would like to congratulate all of you on the redevelopment on Main Street. Downtown is very excited. I have had the occasion to work with the city manager, he is very professional.

City Manager – Reverse 911 please sign up tonight so we can add you to the list. Apologize if you were missed this last time.

Ms. Russell – Central Ave – Is there any other way to be put on the list using the website or email. The City manager stated he will speak to our IT person about an email blast.

2/19/14

Mayor stated we should be able to get one city hall email to take the information that is needed.

A motion was offered by Deputy Mayor Canestrino and seconded by Councilwoman Greenman to close meeting to the public.

Councilman Battaglia Thank you all for coming out and we are doing the best that we can. Hopefully we will do better the next time. It is difficult to make everyone happy but we need to be patient.

Deputy Mayor Canestrino thanked everyone for coming out tonight and it was nice to start the evening with a commendation for one of our schools and the promotion of our first African American Police Lieutenant. Everyone knows that I am the finance girl. We have to face facts, when we took office we said we were going to tackle the legal bills. We knew it would take work to get control of the situation and knew that there would be a significant investment, I am proud to say we are on the other side of that now. Well on the way to righting the course of the legal bills. Leases missing and not paid in years, contracts missing. Maintenance agreements not documented. Ordinances out of date or not instituted properly. Inherited lawsuits. We are a city of 500 employees and did not have documented job descriptions. No performance reviews were ever done. Did this cost us in the beginning yes, but there has been a 20% reduction in fees. Just fees no litigation. Payments have been reduced and will be eliminated. Well on our way of gaining control of the legal fees. Thankful for Mr. Scrivo and his firm.

Councilman Sims thanked everyone for coming out and please be patient with us. Thank you to the DPW.

Councilwoman Greenman said that she appreciated everyone coming and that the meeting started out on a high note. We inherited a lot of problems and we are very fortunate that we have a fine, talented firm working for us. I think we are doing well. Thank you to all the departments that have worked hard for the clearing of the snow.

Mayor Labrosse thanked all for coming out. DPW did an unbelievable job, especially with the emergency routes. We need stay on top of keeping these routes open. Tip my hat to Mr. Rottino, it was a very tough storm, I have driven through other towns and they all are looking the same. We are going to have a sit down session to see how we can do better the next time. After we meet we will sit down with the public. Hopefully no more storms. Main Street Alliance thank you for working with the council. You can see what is going to happen on Main Street, two way in the works for Main and State Streets. Proclamations tonight, I have a soft spot for Parker School my kids went to school there. James Prise, Jr. is a great guy just perfect for the job. Legal bills, the Deputy Mayor covered that issue, moving forward we have lowered the bills. Very pleased with that. Wish all a safe trip home.

CITY OF HACKENSACKEXECUTIVE SESSION RESOLUTION

Council Member

Intro

Second Yes No

Abstain

Absent

Excused

Battaglia x Deputy Mayor Canestrino x x

2/19/14

Sims x Greenman x x Mayor Labrosse x

A RESOLUTION CALLING FOR AN EXECUTIVE MEETING OF THE CITY COUNCIL FOR THE FOLLOWING PURPOSES:

WHEREAS, the Mayor and Council of the City of Hackensack deem it necessary to discuss certain actions under Section 7b7 & 7b8 of the Open Public Meetings Act which pertains to matters falling within attorney-client privilege, on-going litigation and personnel matters concerning the employment of a current or prospective public employee(s).

WHEREAS, the Mayor and Council of the City of Hackensack is of the opinion that such circumstances may presently exist; and

WHEREAS, the Township Council wishes to discuss the following issues:

1. Personnel Matters – Police Department 2. On-going Litigation3. Matters involving attorney/client privilege

NOW THEREFORE BE IT RESOLVED that the Mayor and Council of the City of Hackensack deem it necessary to exclude the public from this discussion. The outcome of the discussion will be disclosed within 90 days or at such time as the interests of the City do not require confidentiality.

There being no further business meeting was adjourned at 9:00 p.m. Approved: March 18, 2014

_____________________________ Mayor John P. Labrosse, Jr.

______________________ ___________________Deputy Mayor Kathleen Canestrino

_______________________________________Councilwoman Rose Greenman

_______________________________________Councilman David Sims

_______________________________________Councilman Leonardo Battaglia

__________________________Deborah Karlsson, City Clerk

2/19/14

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