The Regular Meeting of the City Council of the City of Hackensack was held at City Hall, 65 Central Avenue, Hackensack, New Jersey, on Tuesday, March 5, 2013, at 7:00 p.m. Mayor Melfi called the meeting to order and City Clerk, Debra Heck, stated: “In accordance with the Open Public Meetings Act, Chapter 231, Laws of 1975, adequate notice of this meeting was provided by sending a notice to The Record and the County Seat and by posting a copy on the Bulletin Board in City Hall”. Mrs. Heck called the roll: Present – Mayor Michael R. Melfi, Deputy Mayor Marlin G. Townes, Councilman Jorge E. Meneses, Councilman John P. Labrosse, Councilwoman Karen K. Sasso, City Attorney Joseph C. Zisa and City Manager Stephen Lo Iacono. Approval of minutes was held for the next meeting. City Manager’s report – The City Manager, Steve LoIacono, spoke about the Nixle system and said that 1,300 people had already opted into the system. Mr. Lo Iacono also advised that preliminary discussions have been occurring with reference to the 2014 Super Bowl which will take place in Rutherford. Mr. Lo Iacono also spoke about developments pertaining to Main Street which include the NJ Futures Redevelopment Forum, the RELA meeting scheduled for March 21, 2013 and interest from developers. A public hearing was held on the 2013 Main Street Business Alliance Budget. Albert Dib, Executive Director of the Alliance was present. A motion was made by Councilwoman Sasso and seconded by Councilman Meneses to open the hearing to the public. As no one wished to be heard, a motion was made by Councilman Meneses and seconded by Councilwoman Sasso to close the public hearing. Mayor Melfi thanked Mr. Dib for all of his work on behalf of the Alliance. NO. 72-13 OFFERED BY: SASSO SECONDED BY: TOWNES ________________________________________________________________ RESOLUTION OF THE CITY OF HACKENSACK CONDITIONALLY DESIGNATING MERIDIA, METRO URBAN RENEWAL, HACKENSACK, LLC, AS THE REDEVELOPER FOR THE STATE STREET REDEVELOPMENT AREA WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq., as amended and supplemented (the “Redevelopment Law”), provides a process for municipalities to participate in the redevelopment and improvement of areas in need of redevelopment; and WHEREAS, in accordance with the Redevelopment Law, the City of Hackensack (the “City”) has declared Block 209, Lots 8, 9, 10, 11, 12, 13 and 15 as an area in need of redevelopment (collectively, the “Redevelopment Area”); and WHEREAS, the City adopted a redevelopment plan for the Redevelopment Area (the “Redevelopment Plan”), which shall control the redevelopment of the Redevelopment Area; and 3/5/13 WHEREAS, the City has engaged in negotiations with Meridia, Metro Urban Renewal, Hackensack, LLC (the “Company”), in furtherance of entering into a formal redevelopment agreement for the redevelopment of the Redevelopment Area; and NOW, THEREFORE, BE IT RESOLVED as follows: Section 1. The Company is hereby conditionally designated as the redeveloper for the Redevelopment Area for an initial period of ninety (90) days during which time negotiation and execution of a redevelopment agreement with the City shall be completed. Section 2. This resolution shall take effect at the time and in the manner prescribed by law. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses, Melfi Councilwoman Sasso commented that steps are being put in place for this project and that it will most likely happen. She also said that the project will provide additional income for the City and thanked the Mayor and Council for their support. NO. 73-13 OFFERED BY: MENESES SECONDED BY: SASSO ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 2-2013 AN ORDINANCE AMENDING CHAPTER 170-64 “SCHEDULE XV: PROHIBIT TURNS AT INTERSECTIONS” TO PROHIBIT LEFT TURNS FROM SUTTON AVENUE ONTO POLIFLY ROAD. This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?” Motion offered by Councilman Meneses and seconded by Councilman Labrosse that there be a public hearing. PUBLIC HEARING Motion offered by Councilwoman Sasso and seconded by Deputy Mayor Townes that the public hearing be closed. BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 2-2013 has passed its second and final reading and is hereby adopted. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses, Melfi ORDINANCE NO. 2-2013 AN ORDINANCE AMENDING CHAPTER 170-64 “SCHEDULE XV: PROHIBITED TURNS AT INTERSECTIONS” TO PROHIBIT LEFT TURNS FROM SUTTON AVENUE ONTO POLIFLY ROAD. BE IT ORDAINED, by the City Council of the City of Hackensack, in the County of Bergen and State of New Jersey, as follows: Section I Chapter 170-64: “Schedule XV: Prohibited Turns at Intersections,” shall be amended as follows: 3/5/13 Name of Street Sutton Avenue Direction of Travel East Prohibited Turn At Intersection of Left to north bound Polifly Road Polifly Road This Ordinance shall take effect after publication of a Notice of Final Adoption as required by law. NO. 74-13 OFFERED BY: LABROSSE SECONDED BY: SASSO ________________________________________________________________ INTRODUCTION OF ORDINANCE NO. 3-2013 AN ORDINANCE OF THE CITY OF HACKENSACK AUTHORIZING THE EXECUTION AND DELIVERY OF A FINANCIAL AGREEMENT BY AND BETWEEN THE CITY OF HACKENSACK AND MERIDIA, METRO URBAN RENEWAL, HACKENSACK, LLC BE IT RESOLVED that the above ordinance, being Ordinance 3-2013 as introduced, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held on March 19, 2013 at 8:00 p.m. or as soon thereafter as the matter can be reached at the regular meeting place of the City Council and at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance and that the City Clerk be and she is hereby authorized and directed to publish said ordinance according to law with a notice of its introduction and passage on first reading and of the time and place when and where said ordinance will be further considered for final passage. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses, Melfi ORDINANCE 3-2013 AN ORDINANCE OF THE CITY OF HACKENSACK AUTHORIZING THE EXECUTION AND DELIVERY OF A FINANCIAL AGREEMENT BY AND BETWEEN THE CITY OF HACKENSACK AND MERIDIA, METRO URBAN RENEWAL, HACKENSACK, LLC WHEREAS, the City Council has adopted an ordinance approving and adopting the State Street Redevelopment Plan (the “Redevelopment Plan”) in accordance with the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq., as amended and supplemented (the “Redevelopment Law”); and WHEREAS, the Redevelopment Plan relates to certain properties within the City, specifically Block 209, Lots 8, 9, 10, 11, 12, 13 and 15 (collectively the “Redevelopment Area”); and WHEREAS, the City has conditionally designated Meridia, Metro Urban Renewal, Hackensack, LLC, as the Redeveloper of the Redevelopment Area in accordance with a resolution duly adopted by the City on March 5, 2013; and WHEREAS, pursuant to and in accordance with the provisions of the Long Term Tax Exemption Law, constituting Chapter 431 of the Pamphlet Laws of 1991 of the State, and the acts amendatory thereof and supplement thereto (the “Long Term Tax Law”, as codified in N.J.S.A. 40A:20-1 et seq.), the City is authorized to provide for tax abatement within a redevelopment area and for payments in lieu of taxes; and 3/5/13 WHEREAS, the Redeveloper has submitted an application for the approval of an urban renewal project, as such term is used in the Long Term Tax Law, all in accordance with N.J.S.A. 40A:20-8 (the “Exemption Application”, a copy of which is attached hereto as Exhibit A); and WHEREAS, the City and the Redeveloper have reached agreement with respect to, among other things, the terms and conditions relating to the Annual Service Charges and desire to execute the Financial Agreement. NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the City Council of the City of Hackensack, County of Bergen, New Jersey, as follows: Section 1. The Exemption Application is hereby accepted and approved. Section 2. The Financial Agreement is hereby authorized to be executed and delivered on behalf of the City by either the Mayor or the City Manager in substantially the form attached hereto as Exhibit B, with such changes as the Mayor or the City Manager (each an “Authorized Officer”), in their respective sole discretion, after consultation with such counsel and any advisors to the City (collectively, the “City Consultants”) shall determine, such determination to be conclusively evidenced by the execution of the Financial Agreement by an Authorized Officer as determined hereunder. The City Clerk is hereby authorized and directed to attest to the execution of the Financial Agreement by an Authorized Officer of the City as determined hereunder and to affix the corporate seal of the City to the Financial Agreement. Section 3. This ordinance shall take effect upon final passage and publication as required by law. NO. 75-13 OFFERED BY: SASSO SECONDED BY: TOWNES ________________________________________________________________ INTRODUCTION OF ORDINANCE NO. 4-2013 AN ORDINANCE OF THE CITY OF HACKENSACK AMENDING SECTION 49 OF CHAPTER 170 (“VEHICLES AND TRAFFIC”) OF THE CITY CODE ADDING SECTION F “PARKING LEASES” AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PARKING LEASE WITH MERIDIA, METRO URBAN RENEWAL, HACKENSACK, LLC BE IT RESOLVED that the above ordinance, being Ordinance 4-2013 as introduced, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held on March 19, 2013 at 8:00 p.m. or as soon thereafter as the matter can be reached at the regular meeting place of the City Council and at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance and that the City Clerk be and she is hereby authorized and directed to publish said ordinance according to law with a notice of its introduction and passage on first reading and of the time and place when and where said ordinance will be further considered for final passage. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses, Melfi 3/5/13 ORDINANCE 4-2013 AN ORDINANCE OF THE CITY OF HACKENSACK AMENDING SECTION 49 OF CHAPTER 170 (“VEHICLES AND TRAFFIC”) OF THE CITY CODE ADDING SECTION F “PARKING LEASES” AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PARKING LEASE WITH MERIDIA, METRO URBAN RENEWAL, HACKENSACK, LLC WHEREAS, the City Council has adopted an ordinance approving and adopting the State Street Redevelopment Plan (the “Redevelopment Plan”) in accordance with the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq., as amended and supplemented (the “Redevelopment Law”); and WHEREAS, the Redevelopment Plan relates to certain properties within the City, specifically Block 209, Lots 8, 9, 10, 11, 12, 13 and 15 (collectively the “Redevelopment Area”); and WHEREAS, Section 2.4 of the Redevelopment Plan authorizes the parking standards to be met on-site or off-site at a distance of up to 1,600 feet from the property through a parking lease; and WHEREAS, the City has conditionally designated Meridia, Metro Urban Renewal, Hackensack, LLC, as the Redeveloper of the Redevelopment Area in accordance with a resolution duly adopted by the City on March 5, 2013; and WHEREAS, the City and the Redeveloper have reached agreement with respect to, among other things, the terms and conditions relating to the leasing of parking spaces in the municipal parking garage located on Atlantic Street by the City to the Redeveloper and desire to execute the Parking Lease. NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the City Council of the City of Hackensack, County of Bergen, New Jersey, as follows: Section 1. Chapter 170 (“Vehicles and Traffic”), Section 49 of the City Code shall be amended to include a new subsection (F) as follows: “F. Parking Leases. Notwithstanding anything contained within Chapter 170 to the contrary, the City may enter into one or more parking lease agreements for any municipally owned parking lot or parking garage on such terms and conditions as the City shall deem necessary, desirable or convenient, as shall be approved by the City Council by ordinance.” Section 2. The Parking Lease is hereby authorized to be executed and delivered on behalf of the City by either the Mayor or the City Manager in substantially the form attached hereto as Exhibit A, with such changes as the Mayor or City Manager (each an “Authorized Officer”), in their respective sole discretion, after consultation with such counsel and any advisors to the City (collectively, the “City Consultants”) shall determine, such determination to be conclusively evidenced by the execution of the Parking Lease by an Authorized Officer as determined hereunder. The City Clerk is hereby authorized and directed to attest to the execution of the Parking Lease by an Authorized Officer of the City as determined hereunder and to affix the corporate seal of the City to the Parking Lease. Section 3. This ordinance shall take effect upon final passage and publication as required by law. 3/5/13 NO. 76-13 OFFERED BY: SASSO SECONDED BY: MENESES ________________________________________________________________ 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 Escrow Grants Payroll Public Parking System Capital Trust Account $9,247,881.64 34,251.57 1,154.46 162,370.50 15,181.40 5,300.00 131,504.28 Roll Call – Ayes: Labrosse, Townes, Sasso, Meneses, Melfi The City Attorney 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. NO. 77-13 OFFERED BY: TOWNES SECONDED BY: MENESES ________________________________________________________________ WHEREAS, Motorola/Ess Inc., P.O. Box 3051, West Caldwell, New Jersey, 07007-3051 has been awarded New Jersey State Contract No. A53804 under the State of New Jersey; and WHEREAS, the City of Hackensack wishes to purchase Radio Equipment for Fire Prevention Vehicles for the Fire Department pursuant to Local Public Contract Laws (N.J.S.A. 40A:11-12); and WHEREAS, the cost to purchase Radio Equipment for Fire Prevention Vehicles for the Fire Department, will be $13,226.28; and WHEREAS, the Fire Chief and the Director of Purchasing agree that the utilization of the contract represent the best price available. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the City of Hackensack authorizes the purchase of Radio Equipment for Fire Prevention Vehicles for the Fire Department from Motorola/Ess Inc., P.O. Box 3051, West Caldwell, New Jersey, 07007-3051; and BE IT FURTHER RESOLVED, that the Chief Financial Officer has certified that funds are available in account No. T-03-56-850-823-801 of the Trust fund. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses, Melfi 3/5/13 NO. 78-13 OFFERED BY: TOWNES SECONDED BY: MENESES ________________________________________________________________ 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 did occur when emergency repairs were needed when Packer No. 297 became in-operable; and WHEREAS, the Director of Sanitation notified that 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; and WHEREAS, the total cost of the repair was $5,882.40, which was a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in Current account 3-01-26-305-305-272. 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 contract without benefit of public bidding in emergency situations that the vendor Sanitation Equipment Corp., South 122 Route 17 North, Paramus, New Jersey, 07652 be paid therefore. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 79-13 OFFERED BY: TOWNES SECONDED BY: MENESES ________________________________________________________________ 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 did occur when emergency repairs were needed when Sweeper No. 265 became in-operable; and WHEREAS, the Director of Sanitation 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; and WHEREAS, the total cost of the repair was $8,000.00, which was a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in Current account 3-01-26-300-302-273. 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 W.E. Timmerman Corp. Inc., 3554 Route 22 West, P.O. Box 71, Whitehouse, New Jersey, 08888, be paid therefore. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses, Melfi 3/5/13 NO. 80-13 OFFERED BY: TOWNES SECONDED BY: MENESES ________________________________________________________________ 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: $148.80 is a refund for a Hackensack Building Department permit. Refund to: Ben Mornan Able Care Supply 246 Main Street Passaic, N.J. 07055 Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 81-13 OFFERED BY: TOWNES SECONDED BY: MENESES ________________________________________________________________ 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: $281.00 is a refund for a Hackensack Building Department permit. Refund to: Jenn Reynolds The Neher Group, Inc. 1239 Revere Drive Chalfont, PA 18914 Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 82-13 OFFERED BY: TOWNES SECONDED BY: MENESES _____________________________________________________________________ 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 #2023 RA #2024 RA #2025 Heightened Independence and Progress, Inc. Columbians, Inc. BVMI Roll Call – Ayes: Labrosse, Townes, Sasso, Meneses, Melfi 3/5/13 NO. 83-13 OFFERED BY: TOWNES SECONDED BY: MENESES 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 $2,284.11 BLOCK LOT NAME YEAR 49 16 $2,605.99 213 12.01 95 Myer Street LLC c/o Lowell 7 West High Point Road Stuart, FL 34996 2012 $1,302.00 213 12.01 “ 2013 CBJ $420.92 238 8C006D 2012 CBJ $105.00 238 8C006D “ 2013 CBJ $324.98 343 14C014F McCarter&English, LLP For: Patel, Bravesh&Mita 100 Mulberrry Street P.O. Box 652 Newark, NJ 07102 2012 CBJ $81.00 343 14C014F “ $1,247.29 584 21 $2,097.00 84 16 Beattie Padavano, LLC 2008 Trust Account For: Siervo Enterprises 50 Chestnut Ridge Rd., Suite 208 P.O. Box 244 Montvale, NJ 07645-0244 SBJ $4,430.00 $4,656.00 $5,902.00 84 84 84 16 16 16 “ “ “ 2009 2010 2011 SBJ SBJ SBJ $6,148.40 87 6 Beattie Padovano, LLC 2008 Trust Account For: Bella Baker 50 Chestnut Ridge Rd., Suite 208 P.O. Box 244 Montvale, NJ 07645-0244 SBJ 6 6 6 “ “ “ SBJ SBJ SBJ $6,494.38 $9,153.70 $14,554.33 3/5/13 87 87 87 TD Bank For: 155 Lodi Street Assoc. NJ5-002-135 6000 Atrium Way Mt. Laurel, NJ 08054 “ “ TD Bank For: Bauer, Joyce 32 Chestnut Street Lewiston, ME 04210 “ “ “ “ Chica Hernan & Restrepo A 141 Spring Valley Avenue Hackensack, NJ 07601 “ “ “ “ “ “ “ “ “ “ “ “ 2012 REASON CBJ CBJ 2013 CBJ 2012 CBJ 2009 2010 2011 AMOUNT BLOCK LOT NAME YEAR REASON $1,765.67 110 3 Beattie Padovano, LLC 2008 Trust Account For: L A, LLC 50 Chestnut Ridge Rd., Suite 208 P.O. Box 244 Montvale, NJ 07645-0244 $2,529.53 $3,259.20 $3,432.01 110 110 110 3 3 3 “ “ “ 2009 2010 2011 SBJ SBJ SBJ $1,184.84 110 18 Beattie Padovano, LLC 2008 Trust Account For: L A, LLC 50 Chestnut Ridge Rd., Suite 208 P.O. Box 244 Montvale, NJ 07645-0244 SBJ “ “ “ “ “ “ SBJ $1,694.48 110 18 Beattie Padovano, LLC 2009 Trust Account For L A, LLC 50 Chestnut Ridge Rd., Suite 208 P.O. Box 244 Montvale, NJ 07645-0244 SBJ $2,344.30 $5,146.54 110 110 18 18 “ “ 2010 2011 SBJ SBJ $593.45 110 22 Beattie Padovano, LLC 2008 Trust Account For: Cyprus Holding Company 50 Chestnut Ridge Rd., Suite 208 P.O. Box 244 Montvale, NJ 07645-0244 SBJ $914.80 $961.46 110 110 22 22 “ “ 2009 2010 SBJ SBJ $530.54 110 25 Beattie Padovano, LLC 2008 Trust Account For: Cyprus Holding Company 50 Chestnut Ridge Rd., Suite 208 P.O. Box 244 Montvale, NJ 07645-0244 SBJ $826.20 $868.34 110 110 25 25 “ “ 2009 2010 SBJ SBJ $4,466.61 107 26 Beattie Padovan, LLC 2008 Trust Account For Cyprus Holding Company 50 Chestnut Ridge Rd., Suite 208 P.O. Box 244 Montvale, NJ 07645-0244 SBJ $5,869.75 $6,169.20 107 107 26 26 “ “ SBJ SBJ 3/5/13 “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ “ 2009 2010 AMOUNT BLOCK LOT NAME YEAR $608.13 113.05 1 Beattie Padovano, LLC 2008 Trust Account For: Cyprus Holding Company 50 Chestnut Ridge Rd., Suite 208 P.O. Box 244 Montvale, NJ 07645-0244 $886.00 $931.20 113.05 113.05 1 1 “ “ 2009 2010 SBJ SBJ $9,983.82 523 1 Lasser Hochman, LLC 2008 Trust Account For: Wachovia Bank 75 Eisenhower Parkway, Suite 120 Roseland, NJ 07068-1694 SBJ $10,545.62 $11,083.61 523 523 1 1 “ “ $11,592.00 127 1 Land Plus, LLC 560 Hudson Street Hackensack, NJ 07601 $1,477.90 322 9 Corelogic Real Estate Tax Serv. 2013 For: Alan & Nancy Saccente One Corelogic Drive Attn: Refund Dept. P.O. Box 961250 Fort Worth, TX 76161-9887 Overpymt $4,792.00 35 43C00B Corelogic Real Estate Tax Serv. 2012 For: Dianna Smith One Corelogic Drive Attn: Tax Refunds (DFW 1-3) Westlake, TX 76126 Overpymnt $2,394.78 35 43C000A “ “ “ “ “ “ “ “ “ “ “ REASON SBJ 2009 2010 SBJ SBJ 2013 Overpymt 2013 Overpymnt Roll Call – Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 84-13 OFFERED BY: TOWNES SECONDED BY: MENESES ________________________________________________________________ BE IT RESOLVED by the City Council of the City of Hackensack that the Mayor and City Clerk be, and they hereby are, authorized to execute an Interlocal Service Agreement with the Northwest Bergen County Utilities Authority whereby the NBCUA will provide TV Inspection Services of the sanitary sewer system, or other systems, to the City for the years 2013 and 2014, pursuant to N.J.S.A. 40:8A-1, et seq. (the “Interlocal Services Act”), Roll Call: Ayes – Labrosse, Townes, Sasso, Meneses, Melfi 3/5/13 NO. 85-13 OFFERED BY: TOWNES SECONDED BY: MENESES ________________________________________________________________ BE IT RESOLVED by the City Council of the City of Hackensack that the Mayor and City Clerk be, and they hereby are, authorized to execute an Interlocal Service Agreement with the Northwest Bergen County Utilities Authority whereby the NBCUA will provide sanitary sewer cleaning to the City for the year 2013 and 2014 pursuant to N.J.S.A. 40:8A-1, et seq. (the “Interlocal Services Act”), Roll Call: Ayes – Labrosse, Townes, Sasso, Meneses, Melfi NO. 86-13 OFFERED BY: TOWNES SECONDED BY: MENESES ________________________________________________________________ WHEREAS, pursuant to LPCL 40A:11-6.1 three quotes were received from Teterboro Chrysler *Jeep*Dodge*Ram, Beyer Fleet, and Dodge Five Star for 2 (Two) 2013 Jeep Grand Cherokee vehicles for the Fire Department of The City of Hackensack; and WHEREAS, the Fire Chief advised the Director of Purchasing that he had reviewed such quotations and found that Teterboro Chrysler*Jeep*Dodge*Ram, 469 Route 46, Little Ferry, New Jersey, 07643 is reasonable and satisfactory. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hackensack award the 2 (Two) 2013 Jeep Grand Cherokee vehicles for the Fire Department of The City of Hackensack for the total price of $63,738.00; and BE IT FURTHER RESOLVED, that the Chief Financial Officer has certified that the funds will be available in the Trust account T-03-56-850-823-801 in the amount of $63,738.00. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 87-13 OFFERED BY: TOWNES SECONDED BY: MENESES ________________________________________________________________ WHEREAS, pursuant to LPCL 40A:11-6.1 three quotes were received from Paramus Ford, All-American Ford and Able Ford for 1(One) 2013 F350 4x4 Pick Up for the Fire Department of The City of Hackensack; and WHEREAS, the Fire Chief advised the Director of Purchasing that he has reviewed such quotations and found that Paramus Ford, 375 Route 17, Paramus, New Jersey, 07652 is reasonable and satisfactory. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hackensack award 1 (One) 2013 F350 4x4 Pick Up for the Fire Department of The City of Hackensack for the total price of $35,648.00; and BE IT FURTHER RESOLVED, that the Chief Financial Officer has certified that the funds will be available in the Trust account T-03-56-850-823-801 in the amount of $35,648.00. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses, Melfi 3/5/13 NO. 88-13 OFFERED BY: TOWNES SECONDED BY: MENESES ________________________________________________________________ WHEREAS, The City of Hackensack Fire Department requires Specific Vehicle Emergency Lighting and Electronics installed to their cars; and WHEREAS, the Proposal for Specific Vehicle Emergency Lighting and Electronics installed to their cars which is designed specifically for them is hereby recognized extraordinary in 5:3014C promulgated by the Local Finance Board, Division of Local Government Services Inc. NOW, THEREFORE, BE IT RESOLVED, that the proposal submitted by 10-75 Emergency Lighting, LLC, 51 Executive Parkways, Building 1, Ringwood, New Jersey, which total $20,494.00 is approved; and BE IT FURTHER RESOLVED, that the Chief Financial Officer has certified that funds are available in Trust account T-03-56-850-823-801. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 89-13 OFFERED BY: TOWNES SECONDED BY: MENESES ________________________________________________________________ WHEREAS, The City of Hackensack Building Housing and Land Use Department requires annual computer maintenance, software for their computer system; and WHEREAS, the Proposal for annual computer maintenance, software for their computer system which is designed specifically for them is hereby recognized extraordinary in 5:3014C promulgated by the Local Finance Board, Division of Local Government Services Inc. NOW, THEREFORE, BE IT RESOLVED, that the proposal submitted by Mitchell Humphrey, 1285 Fern Ridge Parkway, St. Louis, Missouri, 63141-4402 which totals $6,850.00 is approved; and BE IT FURTHER RESOLVED, that the Chief Financial Officer has certified that funds are available in current account 3-01-21-185-185-232. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 90-13 OFFERED BY: TOWNES SECONDED BY: MENESES ________________________________________________________________ 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 did occur when Engine 2 and Rescue 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 3/5/13 WHEREAS, the governing body is satisfied that an emergency exists and that immediate action is necessary to restore the aforementioned; and WHEREAS, the total cost of repairs is $9,034.88, which was a fair and reasonable amount; and WHEREAS, the Chief Financial Officer has certified that funds are available in Current account 3-01-25-265-265-272. 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, 1 Jockish Square, Paramus, New Jersey, 07652 be paid therefore. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 91-13 OFFERED BY: TOWNES SECONDED BY: MENESES ___________________________________________________________________ WHEREAS, various Year 2012 bills have been presented for payment this year, which bills represent obligations of the prior fiscal year and were not covered by order number and/or recorded at the time of transfers between the 2012 Budget in the last two months of 2012; and WHEREAS, N.J.S.A. 40A:4-59 provides that all unexpended balances carried forward after the close of the fiscal year are available, until lapsed at the close of the succeeding year, to meet specific claims, commitments or contracts incurred during the preceding fiscal year, and allow transfers to be made from unexpended balances to those which are expected to be insufficient during the first three months of the succeeding year. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hackensack (2/3 of the majority of the full membership concurring herein) that the transfers in the amounts of $16,300 be made between the 2012 Budget Appropriation Reserves as follows: FROM DEPARTMENT 2-01-20-120-121-200 Elections O/E 16,300.00 TO DEPARTMENT 2-01-26-311-311-200 Sewer O/E 2-01-26-305-306-200 2-01-26-305-305-200 2-01-26-300-302-200 Recycling O/E Garbage&Trash O/E Street Cleaning O/E 16,300.00 2,200.00 Cerullo fire protectionsrepairs@court and river 250.00 Claw Blades invoice 13,600.00 Packer #296 repairs 250.00 Claw Blades invoices 16,300.00 Roll Call – Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 92-13 OFFERED BY: TOWNES SECONDED BY: MENESES ________________________________________________________________ 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 did occur when Mercer Street Pump Station became damaged and in need of emergency repairs existing from Hurricane Sandy; and WHEREAS, the Project Manager notified the City Manager setting forth the circumstances regarding the emergency; and 3/5/13 WHEREAS, the governing body is satisfied that an emergency exists and that immediate action is necessary to restore the aforementioned; and WHEREAS, the total cost of the repairs is $80,140.00 which is a fair and reasonable quotation; and WHEREAS, the City’s insurance company will be reimbursing the City for these repairs; and WHEREAS, in anticipation of receiving the insurance refund and in order to being the necessary repairs to the Pump Station, the Chief Financial Officer has certified that $40,000 is available in Current account 3-01-26-311-311-204 now. 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 contract without benefit of public bidding in emergency situations that the vendor Pumping Services, Inc. 201 Lincoln Blvd, P.O. Box 117 Middlesex, New Jersey, 088460117 be paid therefore. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 93-13 OFFERED BY: TOWNES SECONDED BY: MENESES ________________________________________________________________ WHEREAS, a handicapped parking space is presently designated in front of 52 Hobart Street; and WHEREAS, the individual for which the space was originally designated for has moved from this location; and WHEREAS, it is the recommendation of the Traffic Division that this handicapped parking space be removed. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the City of Hackensack hereby authorize the Traffic Division to remove the handicapped space at this location. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 94-13 OFFERED BY: TOWNES SECONDED BY: MENESES ________________________________________________________________ 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 WHEREAS, no adequate provision has been made in the 2013 temporary budget for the aforesaid purpose, and N.J.S.40A:4-20 provides the creation of an emergency temporary appropriations for the purpose above mentioned; and WHEREAS, the total emergency temporary resolutions adopted in the year pursuant to the provision of N.J.S. 40A:40-20 (Chapter 96, P.L. 1951 amended) including this resolution total $27,057,916.94. NOW, THEREFORE, BE IT RESOLVED, not less than two-thirds of all members therefore affirmatively concurring that in accordance with N.J.S. 40A:40-20. 3/5/13 1. An emergency temporary appropriation be and the same is hereby made for: OTHER TEMPORARY BUDGET APPROPRIATION S&W EXPENSES TOTAL Snow Removal S&W snow storms 3-01-26-290-291-116 60,000.00 60,000.00 O/T 2013 Sewer TreatmentBCUA share 1st Qtr BCUA Bill 3-01-31-455-456-259 TOTAL CURRENT FUND GRAND TOTAL 25,000. 00 25,000.00 $ 60,000.00 $ 25,000.00 $ 85,000.00 $ 60,000.00 $ 25,000.00 $ 85,000.00 2. That said emergency appropriation will be provided for in the 2013 operating budget in full. 3. That three certified copies of this resolution be filed with the Director of Local Government Services. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 95-13 OFFERED BY: TOWNES SECONDED BY: MENESES ________________________________________________________________ CITY OF HACKENSACK LOAN NO. S340923-40 WHEREAS, the City of Hackensack intends to file an application with the New Jersey Department of Environmental Protection and the New Jersey Environmental Infrastructure Trust for the Separation of Storm Sewers, Phase I. NOW, THEREFORE LET IT BE RESOLVED, that Stephen Lo Iacono, City Manager and Tammy Zucca, Chief Financial Officer be authorized to act as the Authorized Representatives of the City of Hackensack in all matters relative to their project undertaken pursuant to the above New Jersey Environmental Infrastructure Loan to be executed with the New Jersey Department of Environmental Protection and the New Jersey Environmental Infrastructure Trust. The Authorized Representatives may be contacted at the City of Hackensack, 65 Central Avenue, Hackensack, New Jersey 07601, Telephone No. 201-646-3901. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 96-13 OFFERED BY: TOWNES SECONDED BY: MENESES _____________________________________________________________________ BE IT RESOLVED, by the Mayor and Council of the City of Hackensack that the following appointments/reappointments to various boards be made: 3/5/13 Kelly Carroll is appointed to the Recreation and Culture Board for a five year term to expire on December 31, 2017. Ed Meneses is reappointed to HAPADA for a term to expire December 31, 2015. Jamie England is appointed to HAPADA for a three year term to expire on December 31, 2015. Robert Giarusso is reappointed to the Zoning Board as an alternate member for a two year term to expire on December 31, 2014. Roll Call – Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 97-13 OFFERED BY: TOWNES SECONDED BY: MENESES ________________________________________________________________ ACCEPTING THE “CITY OF HACKENSACK DOWNTOWN PARKING SYSTEM REVIEW” DATED JANUARY 18, 2013 AND ADOPTING THE RECOMMENDATIONS MADE THEREIN WHEREAS, the City of Hackensack engaged Bier Associates, located at 144 Livingston Avenue, New Brunswick, NJ to perform a parking system management and operations analysis for the City; and WHEREAS, the scope of the analysis conducted by Bier Associates included a review of current parking rates, rules, regulations and restrictions, an analysis of how public parking resources can support the Main Street Rehabilitation Area and Plan adopted on June 27, 2012, providing suggestions for improving and optimizing operations, an analysis of methods for making parking more convenient to users, outlining potential revenue enhancements, recommending management solutions, providing guidance concerning policy options and evaluating shared parking options; and WHEREAS, Bier Associates has prepared a report entitled “City of Hackensack Downtown Parking System Review” dated January 18, 2013; and WHEREAS, the City Council desires to accept this report and adopt the recommendations contained therein. NOW THEREFORE BE IT RESOLVED that City Council of the City of Hackensack does hereby accept the report entitled “City of Hackensack Downtown Parking System Review” dated January 18, 2013 which was prepare by Bier Associates of 144 Livingston Avenue, New Brunswick, NJ; and BE IT FURTHER RESOLVED that City Council of the City of Hackensack does hereby adopt the recommendations contained within the “City of Hackensack Downtown Parking System Review” dated January 18, 2013 and hereby directs the City Manager to take such further steps as may be appropriate to implement the recommendations contained within the report which may involve administrative action within the City Manager’s authority or the preparation of appropriate resolutions or ordinances for adoption by the City Council as may be required to implement the recommendations contained within the report. 3/5/13 BE IT FURTHER RESOLVED that copies of this Resolution and “City of Hackensack Downtown Parking System Review” dated January 18, 2013 shall be placed on file in the City Clerk’s office and shall be provided to the City Manager and City Attorney. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 98-13 OFFERED BY: TOWNES SECONDED BY: MENESES ________________________________________________________________ WHEREAS, Sergeant Thomas Aletta (“Aletta”) is employed as a sworn police officer by the City of Hackensack (the “City”) and Hackensack Police Department (“HPD”); and WHEREAS, criminal charges were filed by the Bergen County Prosecutors Office (“BCPO”) against Aletta on May 26, 2010, and a subsequent Grand Jury indictment was returned against him on October 19, 2010; and WHEREAS, on December 10, 2012, Judge Donald Venezia, following a bench trial, issued a Decision by which Aletta was acquitted of all of the charges against him; and WHEREAS, N.J.S.A. 40A:14-155, and other statutory and decisional law provides for the reimbursement of counsel fees and costs incurred by a police officer upon a finding that the charges and ensuing legal proceedings arose out of and were directly related to the lawful exercise of police powers in furtherance of official duties; and WHEREAS, Aletta, based upon the facts, circumstances and outcome recited hereinabove is entitled to such reimbursement; and WHEREAS, the City and Aletta have agreed upon the amount of counsel fees and costs deemed reasonable under the prevailing circumstances; and WHEREAS, the City wishes to memorialize such agreement and authorize the payment/reimbursement attendant thereto. IT IS on this 5th day of March, 2013 agreed and authorized that the City shall pay to/reimburse Aletta for counsel fees and costs incurred in the successful defense of the criminal charges filed against him, as follows: Counsel fees $189,417.50 Costs $ 2,697.67 TOTAL $192,115.17 BE IT FURTHER RESOLVED that the City Manager, the Chief Financial Officer, the City Attorney, and the City Labor Counsel are authorized to take all appropriate actions so as to implement this Resolution. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses, Melfi 3/5/13 NO. 99-13 OFFERED BY: TOWNES SECONDED BY: MENESES ________________________________________________________________ WHEREAS, Captain Danilo Garcia (“Garcia”) is employed as a sworn police officer by the City of Hackensack (the “City”) and Hackensack Police Department (“HPD”); and WHEREAS, criminal charges were filed by the Bergen County Prosecutors Office (“BCPO”) against Garcia on June 4, 2010, and a subsequent Grand Jury indictment was returned against him on October 19, 2010; and WHEREAS, on December 10, 2012, Judge Donald Venezia, following a bench trial, issued a Decision by which Garcia was acquitted of all of the charges against him; and WHEREAS, N.J.S.A. 40A:14-155, and other statutory and decisional law provides for the reimbursement of counsel fees and costs incurred by a police officer upon a finding that the charges and ensuing legal proceedings arose out of and were directly related to the lawful exercise of police powers in furtherance of official duties; and WHEREAS, Garcia, based upon the facts, circumstances and outcome recited hereinabove is entitled to such reimbursement; and WHEREAS, the City and Garcia have agreed upon the amount of counsel fees and costs deemed reasonable under the prevailing circumstances; and WHEREAS, the City wishes to memorialize such agreement and authorize the payment/reimbursement attendant thereto. IT IS on this 5th day of March, 2013 agreed and authorized that the City shall pay to/reimburse Garcia for counsel fees and costs incurred in the successful defense of the criminal charges filed against him in the aggregate amount of $308,857.10. BE IT FURTHER RESOLVED that the City Manager, the Chief Financial Officer, the City Attorney, and the City Labor Counsel are authorized to take all appropriate actions so as to implement this Resolution. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses, Melfi NO. 100-13 OFFERED BY: TOWNES SECONDED BY: MENESES WHEREAS, a Bergen County HOME Investment Partnerships application of $55,000 has been proposed by the Bergen County Community Action Partnership, Inc., (BCCAP) for Rental Assistance and Security Deposits for Homeless and Low-Income individuals in the municipality of Hackensack, New Jersey; and WHEREAS, pursuant to the State Interlocal Services Act, HOME 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 HOME application. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Hackensack hereby confirms endorsement of the aforesaid project; and BE IT FURTHER RESOLVED, that a copy of this resolution shall be sent to the Director of the Bergen County Division of Community Development so that implementation of the aforesaid project may be expedited. Roll Call: Ayes: Labrosse, Townes, Sasso, Meneses, Melfi 3/5/13 NO. 101-13 OFFERED BY: TOWNES SECONDED BY: MENESES WHEREAS, a Bergen County Community Development Block Grant application of $60,000 has been proposed by the AAH of Bergen County, Inc. for Housing First Case Management in the municipality of Hackensack, New Jersey; and WHEREAS, pursuant to the State Interlocal 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 aforesaid project; and BE IT FURTHER RESOLVED, that a copy of this resolution shall be sent to the Director of the Bergen County Division of Community Development so that implementation of the aforesaid project may be expedited. Roll Call: Ayes: Labrosse, Townes, Sasso, Meneses, Melfi A motion was made by Deputy Mayor Townes and seconded by Councilwoman Sasso to open the meeting to the public. Victor Sasson, questioned whether a long term tax exemption had been granted to the developer of the Avalon project and was told that it was not. When Mr. Sasson questioned the use of a PILOT for the State Street project, it was explained to Mr. Sasson that there would be no project without this incentive and that this is the first step in the Main Street Rehabilitation project. Mr. Sasson asked how many City employees drive City cars home and was told twelve to fifteen. He also raised questions concerning the use of a vehicle by Adrian Koster and was told that he is on call twentyfour/seven as he is the Sanitation director. Kathy Canestrino, Brook Street, asked how many years the PILOT is for and was told thirty years. Mrs. Canestrino questioned whether the legal bills for the two officers are covered under the insurance policy and was told that they are not and that the City Attorney had negotiated a reduction with both attorneys and the decision to pay the bills was based on case law. Steve Gelber, 304 Clinton Place, spoke about double or triple dipping on health insurance and said that Councilman Labrosse still subscribes to the City insurance plan. Regina DiPasqua, Parker Avenue, questioned what the bill would be from the City Attorney for time spent negotiating the reduction of invoices. She also questioned how the City would pay for these reimbursements and Mr. Lo Iacono indicated that they will be paid through the current account. Ms. DiPasqua commented that the State Street redevelopment project is a good start. She also said that she had received a copy of Mr. Malagiere’s bill and that $2,200 had been spent for Westlaw and the bill indicated that there had been a five hour meeting with the counsel for the defendants. Ms. DiPasqua said that the bill was padded and that someone has to review Mr. Malagiere’s bills. Peter Marchesani, 65 Davis Avenue, said that the PILOT seems low and said that the Mayor and Council had done a good job on the first step. He also said that he was happy that the garbage truck situation on First Street had been resolved. 3/5/13 As no one else wished to be heard, a motion was made by Councilwoman Sasso and seconded by Councilman Meneses to close the public portion of the meeting. Councilman Labrosse remarked that he is very excited about the project and said that the area had been blighted for years and was producing a minimum of taxes. He also said that the property possibly could have sat vacant for another ten to twenty years and that this is a good corner stone project. Deputy Mayor Townes said that he had attended a symposium on human trafficking and that it is depressing and scary that the U.S. has the highest problem. He said that there is a bill being pushed through by Assemblywoman Huttle regarding same. Deputy Mayor Townes also remarked that the bill needs to be in place before the Super Bowl comes to this area and that everyone should keep their eyes and ears open for this bill. Councilman Meneses said that he is very happy that the State Street project is coming up finally. Councilwoman Sasso said that she had also seen something about human trafficking. She also said that the City would not be on the verge of these redevelopment projects without the spark initiated by the Business Improvement District. She also spoke about the presentation made on behalf of the City at the NJ Futures seminar and said that it had been well received. She said that she had an opportunity to attend sessions in the morning. Mayor Melfi announced that at the next meeting the Council will be recognizing some of our student athletes from the basketball, track, and wrestling teams. The Mayor also said that all of the hard work put into the redevelopment agreement, etc., will now start to pay off and that while Main Street will never be what it was it will be better than it is. Mayor Melfi thanked everyone and especially Councilwoman Sasso, Councilman Meneses, Mr. Lo Iacono and other City professionals for their perseverance. A motion was made by Councilwoman Sasso and seconded by Councilman Labrosse to close the meeting at 7:50 p.m. _____________________________ Mayor Michael R. Melfi ______________________________ Deputy Mayor Marlin G. Townes ______________________________ Councilwoman Karen K. Sasso ______________________________ Councilman Jorge E. Meneses ______________________________ Councilman John P. Labrosse __________________________ Debra Heck, City Clerk 3/5/13