The Regular Meeting of the City Council of the City of Hackensack was held at City Hall, 65 Central Avenue, Hackensack, New Jersey, on Tuesday, June 24, 2014, at 7:05pm. Mayor Labrosse called the meeting to order and the City Clerk Deborah Karlsson announced that the meeting was being held in accordance with the Sunshine Law, notice having been published according to law, with a copy on file in the City Clerk’s office, and a copy posted on the bulletin board in City Hall. Ms. Karlsson called the roll: Present – Mayor John P. Labrosse, Jr., Deputy Mayor Canestrino, Councilman Leonardo Battaglia, Councilman David Sims and Councilwoman Greenman were in attendance, with Art Koster in attendance for Interim City Manager Anthony Rottino and Attorney Joseph Morris was in attendance for City Attorney Thomas P. Scrivo. City Manager’s Report – Noise complaint regarding the Cultural Arts Center - we will be doing sound testing to get a sound level and have a report in the upcoming week. Flyers for the summer programs are here in city hall and in the council chambers. Summit Avenue curbs complaint – Project manager is in contact with the County trying to work something out so we don’t have to repave. The Mayor asked to be kept informed about this. Solar Project – Canopy for City Hall and DPW is underway waiting for approval from PSE&G. Met with State Housing – regarding Allen Street, Resident are happy with the outcome. CFO- Mangin to give Budget Presentation for the Public Hearing on the Budget. All the numbers have been approved by Trenton. Wanted to let you know that you can use the budget document as a resource tool throughout the year. Once the County budget is adopted will give you another analysis with all three budgets for the 3rd quarter tax bills. No questions from the council. Motion to Open Public Hearing on the Budget – Motion made by Deputy Mayor Canestrino, seconded by Councilmember Sims with all members voting aye. Mr. Richard Gelber – Clinton Place – Very good presentation, understandable. Gives you a taste of what you can have with the City Manager working with the CFO. Mr. Sasson – I too must thank the CFO for the presentation. Why do we have a separate parking utility? Answered by CFO Mangin – From a budget standpoint the thinking is that all the expenses for the parking lots should be paid for by those who use the parking lots. Never use taxpayer money. Motion to Close Public Hearing on the Budget – Motion made by Deputy Mayor Canestrino, seconded by Councilmember Sims with all members voting aye. 1 6/24/14 Resolution 219-14 Be it Resolved by the Mayor and Council of the City of Hackensack, County of Bergen that the budget herein before set forth is hereby adopted and shall constitute an appropriation for the purposes stated of the sums therein set forth as appropriations, and authorization of the amount of: (a) $ (b) $ (c) $ (d) $ (e) $ 77,610,636.12 1,758,253.88 (Item 2 below) for municipal purposes, and (Item 3 below) for school purposes in Type I School Districts only (N.J.S. 18A:9-2) to be raised by taxation and, (Item 4 below) to be added to the certificate of amount to be raised by taxation for local (Sheet 43) Open Space, Recreation, Farmland and Historic Preservation Trust Fund Levy (Item 5 below) Minimum Library Tax RECORDED VOTE (Insert last name) Ayes Canestrino Sims Greenman Labrosse Abstained Battaglia Nays Absent SUMMARY OF REVENUES 1. General Revenues Surplus Anticipated 08-100 1,000,000.00 Miscellaneous Revenues Anticipated 13-099 11,343,786.00 Receipts From Delinquent Taxes 15-499 2,750,000.00 2. AMOUNT TO BE RAISED BY TAXATION FOR MUNICIPAL PURPOSES (Item 6(a), Sheet 11) 07-190 77,610,636.12 3. AMOUNT TO BE RAISED BY TAXATION FOR SCHOOLS IN TYPE I SCHOOL DISTRICTS ONLY: Item 6, Sheet 42 07-195 Item 6 (b), sheet 13 (N.J.S. 40A:4-14) 07-191 Total Amount to be Raised by Taxation for Schools in Type I School Districts Only 4. To Be Added TO THE CERTIFICATE FOR AMOUNT TO BE RAISED BY TAXATION FOR SCHOOLS IN TYPE II SCHOOL DISTRICTS ONLY: Item 6(b), Sheet 13 (N.J.S. 40A:4-14) 07-191 5. AMOUNT TO BE RAISED BY TAXATION MINIMUM LIBRARY LEVY 07-192 1,758,253.88 Total Revenues 13-299 94,462,676.00 - SUMMARY OF APPROPRIATIONS 5. GENERAL APPROPRIATIONS: Within "CAPS" (a&b) Operations Including Contingent (e) Deferred Charges and Statutory Expenditures - Municipal (g) Cash Deficit Excluded from "CAPS" (a) Operations - Total Operations Excluded from "CAPS" (c) Capital Improvements (d) Municipal Debt Service (e) Deferred Charges - Municipal (f) Judgments (n) Transferred to Board of Education for Use of Local Schools (N.J.S. 40:48-17.1 & 17.3) (g) Cash Deficit (k) For Local School Purposes (m) Reserve for Uncollected Taxes (Include Other Reserves if Any) 6. SCHOOL APPROPRIATIONS - TYPE I SCHOOL DISTRICTS ONLY (N.J.S. 40A:4-13) Total Appropriations It is hereby certified that the within budget is a true copy of the budget finally adopted by resolution of the Governing Body on the 24th day of June, 2014. It is further certified that each item of revenue and appropriation set forth in the same amount and by the same title as appeared in the Calendar Year 2014 approved budget and all amendments thereto, if any, which have been previously approved by the Director of Local Government Services. Certified by me, this 24th day of June 2014 Deborah Karlsson, City Clerk 2 6/24/14 67,129,740.00 8,234,753.00 9,636,304.00 614,000.00 4,848,611.00 239,268.00 25,000.00 3,735,000.00 94,462,676.00 - Council Member Battaglia Deputy Mayor Canestrino Sims Greenman Mayor Labrosse Intro Second x x Yes x No Abstain Absent Excused x x x x CITY OF HACKENSACK RESOLUTION NO. 220-14 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: AMOUNT $122.00 BLOCK 237 LOT/QUAL 2 C002L NAME Beechwood Equities LLC 120 State St YEAR REASON 2014 Overpymt Hackensack, NJ 07601 $286.34 535 21 Forcina, Salvatore Forcina Management LLC 54 Crocker Mansion Dr Mahwah, NJ 07430 2014 Overpymt $1,600.00 571 19 Kelly, Thomas & Edith 245 Poplar Ave Hackensack, NJ 07601 2014 Overpymt $1,672.84 543 1 James T Cedarstrand Atty: For Thomas Dilloullo 309 Dayton St Ridgewood, NJ 07450 2013 SBJ 3 6/24/14 Council Member Battaglia Deputy Mayor Canestrino Sims Greenman Mayor Labrosse Intro Second Yes x No Abstain Absent Excused x x x x x x CITY OF HACKENSACK RESOLUTION NO. 221-14 RESOLUTION AUTHORIZING THE SUBMISSION OF A NEW JERSEY, DEPARTMENT OF TRANSPORTATION, TRANSPORTATION ALTERNATIVES PROGRAM GRANT APPLICATION WHEREAS, the City of Hackensack, County of Bergen, State of New Jersey desires to apply to the New Jersey Department of Transportation for grant funding under the Transportation Alternatives Program; and, WHEREAS, the Main Street Streetscape (Phase 1) project meets all the criteria necessary to receive funding under the Transportation Alternatives Program; and, WHEREAS, the Main Street Streetscape (Phase 1) project will encourage alternative modes of transportation, enhance the travel experience, improve open space and smart growth, and improve the quality of life for the residents of the City of Hackensack; and, WHEREAS, the City of Hackensack agrees to assume a commitment for maintenance of the project after construction is completed; and, WHEREAS, the responsibilities for administering the proposed project and ensuring that the project is completed in accordance with Federal and State guidelines will be handled by Mr. Anthony Rottino – City Manager. NOW THEREFORE BE IT RESOLVED, that the Mayor and Council of the City of Hackensack, County of Bergen, State of New Jersey authorizes the City Manager to submit an electronic grant application identified as TA-2014-Hackensack City-00164 to the New Jersey Department of Transportation for funding under the Transportation Alternatives Program on behalf of the City of Hackensack. Council Member Battaglia Deputy Mayor Canestrino Sims Greenman Mayor Labrosse Intro Second x x Yes x No Abstain Absent Excused x x x x CITY OF HACKENSACK RESOLUTION NO. 222-14 RESOLUTION AUTHORIZING THE SUBMISSION OF A NEW JERSEY, DEPARTMENT OF TRANSPORTATION, SAFE ROUTES TO SCHOOL GRANT APPLICATION WHEREAS, the City of Hackensack, in coordination with the Hackensack Board of Education, have collaborated together in an effort to develop projects that will improve access and maintenance on public roads that provide access to school facilities; and, 4 6/24/14 WHEREAS, the City of Hackensack Engineer and the City of Hackensack Project Manager have provided plans specifically designed to address and eliminate current safety issues related to access and traffic flow immediately surrounding the Fairmount Elementary School, Nellie K. Parker Elementary School, Jackson Avenue Elementary School and Hackensack Middle School; and, WHEREAS, the City of Hackensack proposes within the aforementioned plans, the installation of solar powered pedestrian warning signs at various locations surrounding these facilities; and, WHEREAS, the City of Hackensack will submit an application to the State of New Jersey Department of Transportation’s Safe Routes to Schools Grant Program to implement this project; and, WHEREAS, the City of Hackensack agrees to assume a commitment for maintenance of the project after construction is completed; and, WHEREAS, the responsibilities for administering the proposed project and ensuring that the project is completed in accordance with Federal and State guidelines will be handled by Mr. Anthony Rottino – City Manager. NOW THEREFORE BE IT RESOLVED, that the Mayor and Council of the City of Hackensack, County of Bergen, State of New Jersey authorizes the City Manager to submit an electronic grant application identified as SRS-I-2014-Hackensack City-00020 to the New Jersey Department of Transportation for funding under the Safe Routes to School Grant Program on behalf of the City of Hackensack. Council Member Battaglia Deputy Mayor Canestrino Sims Greenman Mayor Labrosse Intro Second x x Yes x No Abstain Absent Excused x x x x CITY OF HACKENSACK RESOLUTION NO. 223-14 BE IT RESOLVED by the City Council of the City of Hackensack that the following liquor licenses be issued in the City of Hackensack, effective July 1, 2014 through June 30, 2015, applicants having complied with the ordinances of the City of Hackensack and any special conditions which may be determined by the City Council, and having paid the required fee: 0223-33-004-005 Palcan Inc. 160 Prospect Avenue $1,800.00 0223-33-007-002 Charles & Paul Riviera Lounge, Inc. 308 – 310 Main Street $1,800.00 0223-33-008-008 Apple Food Service of Hackensack LLC 450 Hackensack Avenue $1,800.00 0223-33-009-011 JAG 77 LLC (pocket) 77 Hudson Street $1,800.00 0223-32-010-011 Morton’s of Chicago/Hackensack LLC 274 Riverside Square $1,800.00 0223-33-012-003 Continental Hackensack, Inc. 407 Hackensack Avenue (TGIF) $1,800.00 5 6/24/14 0223-33-013-007 The Poitin Stil (BSPJ) 774 Main Street $1,800.00 0223-44-014-002 River Wines and Liquors LLC 410 River Street $ 1,350.00 0223-33-015-007 General Poors Tavern 45 Main Street $1,800.00 0223-44-016-003 R & C Delicatessen & Liquors (Parisi’s) 89 South State Street $ 1,350.00 0223-33-018-001 Hackensack BPO Elks #658 37 Linden Street $1,800.00 0223-44-019-006 Partik, LLC 463 Passaic Street $1,350.00 0223-33-020-004 The Chit Chat Diner (Konfra) 515 Essex Street $1,800.00 0223-33-021-002 Cubby’s Inc. 249 S. River Street $1,800.00 0223-44-023-005 Georges Liquors 130 Anderson Street $1,350.00 0223-44-025-005 HWK Marketing Inc. (Wine King) 387 Route 17 South $1,350.00 0223-33-026-005 Brooklyn’s Coal Burning Brick Oven Pizzeria 161 Hackensack Avenue $1,800.00 0223-33-028-011 Yusuwan Enterprises Inc. 261 Main Street $1,800.00 0223-44-030-006 HSHS Liquors 500 S. River Street $1,350.00 0223-33-032-003 Lido Restaurant 701 Main Street $1,800.00 0223-44-033-005 Budy’s Wines & Liquors 139 Hudson Street $1,350.00 0223-33-034-006 Club Aladdin Inc. 382 Main Street $1,800.00 0223-44-035-008 D.N. Patel (Deli Mart) 789 Main Street $1,350.00 0223-33-036-003 The Straphanger Saloon LLC 126 Anderson Street $1,500.00 0223-33-038-005 Bowler City Lounge Inc. 85 Midtown Bridge Approach $1,800.00 0223-33-040-007 Coach House Diner & Restaurant 55 Route 4 & Hackensack Avenue $1,800.00 0223-33-041-004 Hiliada Inc. 80 River Street $1,800.00 6 6/24/14 0223-44-042-008 Essex Street Liquors & Wines 214-216 Essex Street $1,350.00 0223-44-043-006 Western Beverages Corporation 80 South River Street $1,350.00 0223-33-044-005 Talty Michael (Lazy Lannigan) 604-606 Main Street $1,800.00 0223-33-045-006 Ichiban Inc. (pocket) 211 Hillcrest Drive, Paramus $1,800.00 0223-33-047-004 The Cheesecake Factory Restaurants Inc. 197 Riverside Square $1,800.00 0223-33-049-006 Houston’s Restaurant One Riverside Square, #181 $1,800.00 0223-33-050-008 PF Chang’s One Riverside Square $1,800.00 0223-33-051-011 Hackensack Wings, LLC 41 Route 4 East $1,800.00 0223-33-052-003 Donnelly Restaurant Associates, Inc. 107-109 Anderson Street $1,800.00 0223-33-053-012 Oceanaire Hackensack Inc. 175 Riverside Square $ 1,800.00 0223-44-056-006 BP Holdings LLC 337 Essex Street $1,350.00 0223-33-057-008 Roadhouse, Inc. (Green Olive) 455 Passaic Street $1,800.00 0223-33-058-002 Solaris Restaurant, Inc. 61 River Street $1,800.00 0223-33-059-008 Mi Tierrita 252 Main Street $1,800.00 0223-33-060-008 Rosa Mexicano Riverside Square $1,800.00 0223-33-061-002 Theva Foods Inc. (Pocket) River Vale, NJ $1,800.00 0223-33-062-006 Wendy Coba (Pocket) River Edge, NJ $ 1,800.00 0223-33-063-010 Stony Hill Inn (J&B Rest. Assoc.) 231 Polifly Road $1,800.00 0223-33-064-002 Harley’s Irish Pub (Tri-Color Inc.) 366 River Street $1,800.00 0223-33-065-011 Maggiano’s Holding Corp. 390 Hackensack Ave. $1,800.00 7 6/24/14 0223-33-068-007 The Crows Nest (Corfu) 309 Vincent Avenue $1,800.00 0223-31-069-001 Craftmen’s Club of Mt Zion Lodge #50 230 Passaic Street $ 180.00 0223-31-071-001 Hackensack Yacht Club 50 Shafer Place 0223-31-072-002 $ 180.00 Hackensack Lodge 489 (Loyal Order of Moose) 215 Charles Street $ 180.00 0223-31-073-001 Oritani Field Club 18 E. Camden Street $ 180.00 0223-31-078-001 $ 180.00 Council Member Battaglia Deputy Mayor Canestrino Sims Greenman Mayor Labrosse St. Paul Lodge #7 184 Berdan Place Intro Second Yes x No Abstain Absent Excused x x x x x x CITY OF HACKENSACK RESOLUTION NO. 224 -14 RESOLUTION AUTHORIZING CHANGE ORDER NO. 1 FOR UPGRADE TO THE FEEDER PANEL FOR THE GENERATOR – EOC RENOVATIONS WHEREAS, the City of Hackensack has received change order No. 1 from Fine Wall Corporation an increase for upgrade to the feeder panel for the generator; and WHEREAS, the contract amount will reflect an increase of $13,383.04 for a new contract total of $378,383.04; and WHEREAS, the Project Manager and DMR Architects have reviewed this change order and have recommended that said change order be approved. NOW, THEREFORE, BE IT RESOLVED, that change order No. 1 increase in the amount of $13,383.04 for upgrade to the feeder panel for the generator – EOC renovations, be approved for a new contract total of $378,383.04, for Fine Wall Corporation, 1401 Oaktree Road, Ste. 204 Iselin, NJ 08830. Council Member Battaglia Deputy Mayor Canestrino Sims Greenman Mayor Labrosse Intro Second Yes x x x x x x x 8 6/24/14 No Abstain Absent Excused CITY OF HACKENSACK RESOLUTION NO. 225-14 AWARD CONTRACT FOR THE 2014 SUMMER FOOD PROGRAM TO NU-WAY CONCESSIONAIRES, INC. WHEREAS, bids were received on June 4, 2014 for the 2014 Summer Food Program; and WHEREAS, bids were received from Nu-Way Concessionaires, Inc., North Jersey Friendship House, and Preferred Meals. NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that, based on the recommendation of the Qualified Purchasing Agent, the contract for the 2014 Summer Food Service Program be awarded to Nu-Way Concessionaires, Inc., 339-345 Bergen Avenue, Kearny, NJ 07032 at the contract price of $2.28 per lunch and $0.49 per snack, and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in the Federal / State Grants Fund budget account G02-14-906-000-000. Council Member Battaglia Deputy Mayor Canestrino Intro Second x x Yes x No Abstain Absent Excused x Sims Greenman Mayor Labrosse x x x CITY OF HACKENSACK RESOLUTION NO. 226-14 RESOLUTION AUTHORIZING REFUND FOR EXTENDED DAY SUMMER REGISTRATION BE IT RESOLVED by the City Council of the City of Hackensack that the proper officers be and are hereby authorized to make the following refund for the reason stated: $725.00 is a refund for Extended Day Summer Registration Refund to: Council Member Battaglia Deputy Mayor Canestrino Sims Greenman Mayor Labrosse Mrs. Cunalata 90 Essex Street Hackensack, New Jersey, 07601 Intro Second x x Yes x No Abstain Absent Excused x x x x CITY OF HACKENSACK 9 6/24/14 RESOLUTION NO. 227-14 EMERGENCY APPROPRIATION FOR TAX APPEAL REFUND TO RECKSON OPERATING PARTNERSHIP, L.P., RECKSON CONSTRUCTION GROUP, & 3 UNIVERSITY PLAZA SPE WHEREAS, an emergency has arisen with respect to the payment of a tax appeal refund to Reckson Operating Partnership, L.P., Reckson Construction Group and 3 University Plaza SPE and no adequate provision was made in the CY2014 budget for the aforesaid purpose; and WHEREAS, N.J.S.A. 40A:4-46 provides for the creation of an emergency appropriation for the purpose above mentioned; and WHEREAS, the total amount of emergency appropriation created including the appropriation to be created by this resolution is $1,071,571.34 and three percent of the total operations in the budget for the year CY2014 is $2,593,588.91. NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack (not less than two-thirds of all members affirmatively concurring) that in accordance with N.J.S.A. 40A:4-48 that: 1. An emergency appropriation be and the same is hereby made for in the amount of $1,071,571.34. 2. That said emergency appropriation shall be provided in full in the CY2015 budget. 3. That the Chief Financial Officer has certified that the expenditures to be financed through this resolution are related to the aforementioned emergency. 4. That an “Emergency Note” not in excess of the above amount be authorized pursuant to N.J.S.A. 40A:4-48 and in accordance with the provision of N.J.S.A. 40A:4-51. 5. That such note shall be executed by the Chief Financial Officer and by the City Clerk 6. That said note be dated 07/01/2014, may be renewed from time to time and such note and any renewals thereof shall be payable on or before December 31, 2015. 7. That two certified copies of this resolution be filed with the Director of the Division of Local Government Services Council Member Battaglia Deputy Mayor Canestrino Sims Greenman Mayor Labrosse Intro x Second Yes x x x x x No Abstain Absent Excused x CITY OF HACKENSACK RESOLUTION NO. 228-14 10 6/24/14 RESOLUTION AUTHORIZING CITY OF HACKENSACK AS A SITGMA FREE ZONE WHEREAS, the disease of mental illness affects one in four people in the United States and the experience can be devastating for individuals and families with little knowledge of, or access to, mental health services; and, WHEREAS, raising awareness of the disease of mental illness is an effective way to reduce the stigma of mental health conditions and encourage those who are affected to seek services; and WHEREAS, the City of Hackensack applauds the efforts of the Borough of Paramus in establishing the Borough as a mental health Stigma-Free Zone; and, WHEREAS, the Stigma-Free Zone is designed to spark public interest, raise awareness of mental illness, decrease the stigma and encourage those who need care to seek treatment and feel supported within the Stigma-Free Zone; and, NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the City of Hackensack, do hereby designate the City of Hackensack, in the County of Bergen, in the State of New Jersey, a StigmaFree Zone to create an environment in which residents will feel free to identify themselves as having this disease and to seek treatment without fear of being stigmatized. BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the municipal clerks of all 70 municipalities in Bergen County, and they are urged to pass a concurrent resolution declaring the same. Council Member Battaglia Deputy Mayor Canestrino Sims Greenman Mayor Labrosse Intro Second x x Yes x No Abstain Absent Excused x x x x CITY OF HACKENSACK RESOLUTION NO. 229-14 RESOLUTION ASSIGNING PROFESSIONAL SERVICE PROVIDERS AND AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS WITH SUCH QUALIFIED PROFESSIONALS (CONSULTING MUNICIPAL ENGINEER) WHEREAS, it has become necessary for the City of Hackensack (“City”) to engage various professional service providers, specifically a Consulting Municipal Engineer; 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-20.12 et seq; and WHEREAS, the City issued advertised requests for qualifications (“RFQ’s”) on the City’s website and in official newspapers on Monday July 8, 2013; and WHEREAS, qualification statements by professionals were submitted to the City by July 18, 2013 at 10:00 am; and 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 11 6/24/14 WHEREAS, the City found it in the best interests to qualify certain professional service providers on August 20, 2013; and WHEREAS, the City finds it in its best interests to now assign certain professional service providers to handle the above referenced matters; NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that, the City finds it in its best interests to assign ARCADIS, Inc. a contract to perform the services outlined in their “Professional Services Task Order” dated April 28, 2014 for the project knows as “EPA Order – Phase II” in an amount not to exceed $40,000; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in the Current Fund budget account 4-01-26-311-311204; and BE IT FURTHER RESOLVED, that the City Clerk be and is hereby directed to retain a copy if the contract for public inspection. Council Member Battaglia Deputy Mayor Canestrino Sims Greenman Mayor Labrosse Intro Second x Yes x x No Abstain Absent Excused x x x x CITY OF HACKENSACK RESOLUTION NO. 230-14 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 Grants Payroll Public Parking System Capital Escrow Trust Account Total Expenditures Interfunds/Transfers $ 607,066.03 2,351.98 1,535,179.56 10,676.53 125,957.50 7,106.06 55,062.02 $2,343,399.68 $ 95,300.95 CITY OF HACKENSACK EXECUTIVE SESSION RESOLUTION Council Member Battaglia Deputy Mayor Canestrino Sims Greenman Mayor Labrosse Intro Second x Yes x x x x x No x 12 6/24/14 Abstain Absent Excused 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 Mayor and Council wishes to discuss the following issues: 1. Personnel Matters 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. Council Member Battaglia Deputy Mayor Canestrino Sims Greenman Mayor Labrosse Intro Second x x Yes x No Abstain Absent Excused x x x x CITY OF HACKENSACK RESOLUTION NO. 231-14 RESOLUTION TO TERMINATE WRITE ASSOCIATES BE IT RESOLVED, by the City Council of the City of Hackensack that the services of the Write Associates as public relations consultant are terminated effective immediately. 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. Mayor stated that there will be a Mayor and Council meeting on Thursday, June 26, 2014 at 9:30am here in Council Chambers. A motion was made by Deputy Mayor Canestrino seconded by Councilman Sims to open the meeting to the public. Mayor made a statement regarding decorum during the public portion of the meeting. 13 6/24/14 Richard Cerbo – Springvalley Avenue – Awful lot of money to just whisk through. I wanted to say something about the last meeting- Kathleen Salvo mentioned giving in cars that were received as a perk. It is a good idea to think over, why does everyone need a car. Before the election there was a debate, panel discussion, Pastor Robinson did a fine job. One question that I asked – will you stand up to increases unquestioned every year. Deputy Mayor stated that she would stand up to increases. Maybe no more increases for 3 years. Taxes are too high, we all know that and we are talking about increasing them again. Rents are a form of taxes and Hackensack is like Beverly Hills. The Cultural Center could be something for Hackensack it would really give a boost to this town, encourage you move it along. RACE is starting this weekend. Thank you for allowing me to speak have a great night. Richard Salkin – Mr. Battaglia did you abstain on the budget? Asked about discussion Mr. Battaglia’s wife. Mayor stated we have started the discussion and will have an answer on July 8th. Councilwoman Greenman do you consider yourself above the law? No response. Last meeting Mr. Nunnermacker got up and introduced your Financial Disclosure Statement, which is public record, you listed your place of business as an attorney as 170 Prospect Avenue 14 M is this correct? You live in a high rise district, have you ever looked at the zoning of this location? Mr. Salkin kept referring the Councilwoman Greenman as Rosie. Mayor stated please address properly. You are violating the city ordinance regarding place of business. Mr. Salkin gave paperwork to Mr. Koster to pass on to the Building Department regarding this violation. Daniel – Clinton Place – Mayor I sat with you yesterday at graduation and with others. At the end of the day we all root for the same team, Hackensack. We want to pick people who can hit the ball and win. We don’t pick our friends first because we want to win. Unfortunately we are losing Mr. Mayor because you picked the wrong team. Earl Warden – I want to start off by saying I haven’t heard anything back from the issues that I brought up at the last meeting. Mr. Koster answered this by saying that Mr. Warden would be receiving information within the week in the mail which is an accounting and it can’t be discussed as it is a personnel issue. Mayor responded that the Mayor and Council cannot answer you as we do not deal with these issues the City Manager does, this is a personnel issue and in our form of government the City Manager handles these issues. My issues are the same as the issues that Mr. Rottino is suing the city for. I can’t afford an attorney. I voted for this team and I really wish I hadn’t now. I have been here since 1966 and it is sad to see this city now. I’ve been waiting since March for an answer. Jared Wexler -89 Byrne Street - Ramifications of the suit brought by Mr. Rottino. The citizens are not the only ones who will suffer from this. Nothing had been printed in the New York Times since 1993 about the City of Hackensack. It seems your PR guy is working for Mr. Rottino and not the Council. You were elected together and you must work together for the city. You are guilty of poor judgment at the city’s expense. Sandy Winer – 200 Catalpa Avenue – I moved my business here and just recently I renewed my lease for six years. I purchased a house in April and later found out about a half-way house down the street. I was told I should come here to speak to an attorney about this issue. I call the city and the city tells me this is a State issue. I don’t understand why the city was never notified about this issue. How do you get invited to the secret meeting? I would like someone to tell me why Hackensack has no say in this matter. City Attorney answered - If you would like to speak after the meeting I will discuss the statute with you. There is a difference between a halfway house and a group home. This is a group 14 6/24/14 home governed by state statute. In a group home, the city has no say, it is treated just like anyone purchasing a house. Joe Barreto - Poplar Avenue – 183 Poplar we discussed last week that the state can do this with no question. The Record stated that they were residents from local hospitals being dispersed throughout Bergen County. No one knows who they are, adults or children. There is construction going on at the location. City should know something especially with the permits. Can we find out who put in for the permits? It is not clear in the newspaper only residents from a hospital. Attorney suggested that Mr. Borelli, Mr. Sisco work with Mr. Koster. Mr. Koster suggested setting up another meeting. When was the Poplar purchased? Mr. Koster stated about six weeks ago, it was in foreclosure. There are quite a few homes, they are purchased through normal channels, they are not published due to privacy act as per Mr. Koster. It is a block away from the elementary school. I know they are monitored by the state but who monitors the state. We will set up another meeting. Ms. Jankowski - 344 Prospect Avenue – Mr. Pinellas’s property where LTACH is/was supposed to go has now become a parking lot. It is a residential street, why is he being allowed to do this? Deputy Mayor answered, I have been working with the building department on this issue and yesterday at 3:30 they were given notice that no one is allowed to park there. Toxic waste disposal – there is a sterilizer in Prospect Heights now, will we be notified when this is on the agenda of the Freeholders. Is he processing toxic waste now? Mayor stated that he is not processing now at that location, it is being picked up. He is looking to put in a machine. We have been promised that they will notify us so we can notify the residents. Charles McAuliffe – Dorchester Place – When you were campaigning you stated you would be transparent. You are not transparent and it is costing us a lot of money. I am happy that four of you got together and voted together. You need to get Mr. Rottino’s car back. I was going to ask for all of your resignations tonight but since four of you came together tonight I’m only asking for Ms. Greenman, you are not a Hackensack Resident. Steven Gelber – Clinton Avenue – Have we taken a look into Mr. Scrivo’s billing? Have we started a search for the professionals? You trusted people you need to take a step back and look at this situation. Some of the stuff that has gone on in the last year has been reckless and I agree, but we need to put the personal stuff on hold. There is more work to be done. Hopefully we will get more good news at the re-org. Jason Nunnermacker – I have to address something that has cost the taxpayers a lot of money, I am still looking for the documents. You want to bring more transparency to the people. Mayor I have to call you out, public money is being misspent – we will end this. The reality is the $450.00 special charge was unauthorized and improper. Award of attorney’s fees is mandatory. That money is now gone. I think Mr. Scrivo should pay my attorney and he should discount his bill. Are you aware that your prosecutor was convicted of a drug crime? He was charged and his house was searched. Mayor what is going on? Mayor answered – I don’t know how it happened? I will defer to the attorney. Mr. Morris stated that we cannot comment on a personnel issue. I have read Mr. Rottino’s complaint. My concern is this clearly Ms. Greenman has an allegiance to Mr. Rottino and Mr. Ammirato. Can we do an evaluation to make sure information is not being leaked? Mr. Puntasecca – I know everyone and you all know my family. We all fight but we get the job done. You are a team and no one in this city should come between you. The City of Hackensack needs you to keep it going, you walked into a big mess and you are trying to put it together. I have respect for the time you are 15 6/24/14 putting into this effort. If someone comes between you get rid of them fast you are a team. Regina DiPasqua – Parker Avenue – I spoke to someone in DCA about Mr. Rottino taping the meetings, short answer get a new city manager. It should not happen again. Go for it abolish the position of redevelopment. I would like clarification about the relationship between Ms. Greenman and Mr. Rottino if it is more than professional. Ms. Greenman is an adverse witness in the lawsuit, she should not be part of any discussions. I as a resident do not want her in on the lawsuit. Also Mr. Battaglia neither one of them should be involved in any discussions. He has discrimination. Mr. Rottino did not file financial disclosure form. I did mine. Most of the claims in the lawsuit have already been refuted. It is despicable. Kathleen Salvo – Hudson Street – I am sickened by the bogus lawsuit Mr. Rottino filed against us. I asked about how much time Mr. Rottino had accumulated. He hasn’t been working here even a year yet. He has used up all his time, I’m sure he used more days then he is entitled to. You need to look into that. I was very upset about the New York Times article. I think you need get rid of everyone else, get professionals and experienced. We need to get better attorneys. I commend the CFO on the budget. Thank you. I saw that money was put in for the cameras but a resolution is needed. I hope we can get this in by July. They are abducting children we really need the cameras. Al Dib did a good job in finding the right company. Please continue to clean house, we are still supporting you and have faith in you. Chris Coli – 101 Prospect Avenue – My question is the City Health Department inspectors are licensed for noise abatement and when I worked I took noise readings at the cultural arts center and found no violations whenever I went, so why do we need a company to do it now? Debra Keeling Geddes – 244 Hamilton Place – Earl Warden like you I thought this City Council was going to do the right thing. Many of these city council members have been thrown under the bus. Words cannot explain how I am feeling right now, I’m watching a stunning victory go down the tubes. I have been in this inner circle since 2001, I ran in 2001 and have helped with the rest of the campaigns. Councilman Battaglia we know you were thrown under the bus, your wife was denied promotions because you are political. Mr. Sims you were thrown under the bus and now it is Ms. Greenman’s turn. I know Rose you are strong woman. It is so strange how the tables have turned. Mr. Rottino was the best thing since white bread with you until he didn’t do what they wanted for Mr. Ammirato. Democratic system worked with the vote, then they started throwing people under the bus. Last administration at least had a united front. Everyone knows that I was on the transition team and I wanted to get more minorities into city hall, I gave Mr. Rottino resumes. If you have a problem with that I am sorry. Let’s deal with facts not rumors. Richard Gelber – Clinton Place – I don’t think we are going down the tubes, I see a turnaround and a potential for change. I want to urge the council to collect any attendance records on Mr. Rottino so we can defend this lawsuit. Any staff member that Mr. Rottino dealt with has to be spoken too. Take a proactive approach on this lawsuit. Mr. Rottino has a record of litigation. The city needs to shut it down. Should ask Mr. Scrivo’s firm to step aside on this, we need special counsel on this matter with no ties to the city. I think Mr. Rottino has a pipeline. I am pleased with the action on Write Associates. I think it is important that we get the RFQ’s out there. Attorney bills are outrageous. It is just going to go on and on. I think the video is great, anyone paying privately is a conflict and I don’t think it is a good idea. Is the council looking into Mr. Catania reimbursing the city for his health benefits? Tomorrow will mark 1 month that the car has sat in his driveway. Car is needed. You must limit his data access. 16 6/24/14 Emil Canestrino Outstanding presentation on the budget, even the lay person can understand it. Allegations by Mr. Rottino’s lawsuit, I get no benefits from the city, I have no health insurance from the city. I don’t get one penny from the city. A motion was offered by Councilman Sims and seconded by Deputy Mayor Canestrino to close meeting to the public. Council Comments: Councilman Battaglia – Thank you for the preparation of the budget. Thank you for coming. Deputy Mayor Canestrino- Thank you to Mr. Mangin on the budget presentation. We have an accurate presentation of the city’s expenditures and a long term presentation of where the city is going. Thank you. The OPRA bills and legal bills – am I looking at the bills. OPRA was a big concern when we came into office. We have been working very hard with our new clerk to make this more transparent. We have hired another person in the clerks’ office to handle just OPRA. In the beginning the attorneys were handling more OPRA requests we are learning and trying to streamline this process. It is your right and we respect this right. These things are not easily accessible. We are trying to work through this and to keep the costs down. We are hoping to see OPRA billing decline and finally go away. Due to the volume being so extensive it is difficult for the attorney’s to stay in that $15,000 area. We needed to raise public awareness about these OPRA requests. We were told that it was a reasonable request. Lesson learned, I understand it was an expensive lesson we are trying to get there. We found out about the lawsuit last night. I was very disheartened. It is something that I would never have thought would happen. We are strong we will work together and we ask for your support, it is the time to show we are Hackensack strong. I wasn’t born and raised in Hackensack, but I have lived in the same house for 41 years and I am proud of this town. We can accomplish this together. Everyone has the right to pursue a lawsuit and anyone can accuse you of anything in a lawsuit. We ask you for your support, I know we will stand together and thank you for coming out tonight. Councilman Sims – Jim you did a great job with the presentation. Thank you for coming out tonight. Councilwoman Greenman – I am going to wait for the Police Officers to leave, I have asked the PBA to explain it but have not gotten it. Thank you Jim for your presentation outstanding as usual. I want to express my deep concern and revulsion as to comments made last night as to who has a rightful place in the government. Mr. Nunnermacker’s comments were an insult to the many racial and ethnic minorities that make up the great diversity of this city. 46% of the resident speak another language other than English. To say that any of these people are not true Hackensackian and do not deserve a place in our government is outrageous. I hope my colleagues of the council will join me in enounce such offensive and bigoted rhetoric. Your input and leadership skills are welcome here. Mayor Labrosse – We will be looking into getting Mr. Rottino’s car back. A democratic process took place regarding Mr. Ammirato. We acted on the situation did not feel it was throwing people under the bus. Mr. Corolla the game is not over. One good thing that is coming out of this, people who haven’t talked to each other in years are now talking. The goal here is to get the city back on track. These lawsuits are not easy. Goal is to get this over as soon as possible with the least amount of damage. Mr. Warden I can’t tell you that you shouldn’t sue, there are attorneys that will help you. Transparency, the meetings are on U-tube they are accessible, more transparency – OPRA’s are double what they 17 6/24/14 were last year, they do take time. Wish all a safe trip home. Let’s work for Hackensack. There being no further business meeting was adjourned at 9:09 p.m. Approved by Mayor and Council on September 2, 2014 ______________________________________ Mayor John P. Labrosse, Jr. _______________________________________ Deputy Mayor Kathleen Canestrino _______________________________ Councilwoman Rose Greenman _______________________________________ Councilman David Sims ________________________________ Councilman Leonardo Battaglia _________________________________ Deborah Karlsson, City Clerk 18 6/24/14