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, October 22, 2013, at 7:00 p.m. Mayor Labrosse called the meeting to order and City Clerk Debra Heck 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. Mrs. Heck called the roll: Present – Mayor John P. Labrosse, Jr., Deputy Mayor Kathleen Canestrino, Councilman David Sims, Councilwoman Rose Greenman, City Manager Stephen Lo Iacono and City Attorney Thomas P. Scrivo. Councilman Leonardo Battaglia was absent. A motion was made by Deputy Mayor Canestrino and seconded by Councilman Sims to approve the minutes of the September 3, 2013, September 16, 2013, September 17, 2013, September 30, 2013 and October 8, 2013 meetings. A proclamation was presented to James Brady who was homeless in the spring and found a Hudson City Bank envelope on the ground with $850.00 in cash and turned it into the Police department. As no one claimed it, the money was returned to Mr. Brady. City Manager’s report – Mr. Lo Iacono advised that the work on the Union Street Railroad Crossing has been completed. Mr. Lo Iacono also said that there will be a major project coming up that will be undertaken by the NJ DOT for repairs to Route 4 over the Hackensack River bridge. They are in the process of developing a public relations program. The plan is to begin the work sometime in the first quarter of 2014. As it is a major project, it will impact both Hackensack and Teaneck. A meeting is being held on October 24, 2013 between 6:00 and 8:00 p.m. at One Bergen County Plaza in the multi-purpose room for the public to ask questions. Mr. Lo Iacono announced that PSE&G will be performing re-conductoring work on Summit near Lookout. Mr. Lo Iacono also announced that on November 9, 2013 there will be a free shredding event at the Recycling Center on Green Street between the hours of 9:00 a.m. and 1:00 p.m. Mr. Lo Iacono advised that on October 26, 2013 at 10:30 a.m. a children’s Halloween party will be held at the M&M building. Mayor Labrosse said that he assumed that many people were present this evening to discuss the school resource officer issue. He said that a meeting has been set up between the City and the Board of Education and that the issue will be addressed at that time. He also said that everyone was welcome to stay at the meeting and if they would like to speak they will be able to do so when the meeting is opened to the public. The Mayor also said that he was upset with the flyer that was passed around in the high school. 10/22/13 NO. 421-13 OFFERED BY: CANESTRINO SECONDED BY: SIMS FINAL ADOPTION OF ORDINANCE NO. 21-2013, AN ORDINANCE AMENDING PART II ENTITLED “GENERAL LEGISLATION” OF THE CITY OF HACKENSACK MUNICIPAL CODE TO ADD NEW CHAPTER 176 ENTITLED “REGULATION OF NEWSRACKS” This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?” Motion offered by Councilwoman Greenman Councilman Sims that there be a public hearing. and seconded by PUBLIC HEARING – Keith Sirrano Baldeo, NJ Pulse newspaper, said that he has read the ordinance and sent out e-mails to everyone voicing his displeasure with same and said that he would be filing a lawsuit against the City. Joe Campagna, 33 Essex Street, said that it is a great idea and asked about the positioning of the boxes and whether or not a property owner has the right to disallow them. Mr. Scrivo said that there are practical difficulties with allowing property owners to reject them, as there are free speech issues associated with it. Kathleen Salvo, 184 Hudson Street, agreed with Mr. Campagna and said that her insurance also told her that she would be liable for the newsrack. She said that she was not in favor of the ordinance being rescinded three years ago and not replaced, but said that there are other ways to distribute newspapers. She also said that the newsracks need to be regulated and agreed that there should be a minimum license fee. The City Attorney, Mr. Scrivo, said that the ordinance contains requirements that the company owning the box must maintain insurance and name the City as an insured. Therefore, it would technically become City property and that an injured party would utilize this insurance rather than that of an adjoining property owner. Larry Eisen, Maple Hill Drive, raised the possibility of first amendment rights and said that he doesn’t believe that the ordinance would stand a challenge on a federal basis. Mr. Scrivo said that the ordinance has been fully researched. Motion offered by Councilwoman Greenman and seconded by Deputy Mayor Canestrino 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. 21-2013 has passed its second and final reading and is hereby adopted. Roll Call: Ayes- Canestrino, Greenman, Sims, Labrosse Absent – Battaglia 10/22/13 ORDINANCE 21-2013 AN ORDINANCE AMENDING PART II ENTITLED “GENERAL LEGISLATION” OF THE CITY OF HACKENSACK MUNICIPAL CODE TO ADD NEW CHAPTER 176 ENTITLED “REGULATION OF NEWSRACKS” WHEREAS, the City of Hackensack (“Hackensack”) is in need of regulating the location, installation and maintenance of newsracks; and NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF HACKENSACK, as follows: SECTION 1. The City of Hackensack Municipal Code, Part II entitled “General Legislation,” is amended to add new Chapter 176 entitled “Regulation of Newsracks” as follows: § 176-1. Definitions As used in this chapter, the following terms shall have the meanings indicated: DISTRIBUTOR – Any person, firm or corporation responsible for placing, locating, installing or maintaining a newsrack in a public place in the City of Hackensack. DRIVEWAY – That surface, whether or not improved, over and by which ingress and egress are made into private or public property by vehicles. NEWSPAPER – Any newspaper, periodical or magazine of general circulation as defined by general law; any newspaper, periodical or magazine duly entered with the Post Office Department of the United States, in accordance with federal statute or regulation; and any newspaper, periodical or magazine filed and recorded with any recording office as required by general law. NEWSRACK – Any machine, vending machine, rack, self-service or coinoperated box, container, storage unit or other dispenser used and maintained for the sale and distribution of newspapers, news periodicals, news magazines and any other similar publications. ROADWAY – That portion of any street improved, designed or ordinarily used for vehicular traffic. SIDEWALK – Any surface provided for the exclusive use of pedestrians, including the area between the curb of any street and the property line adjacent thereto, or, if there is no curb, the area between the edge of the street and the property line adjacent thereto, and the sidewalk shall include the public right-of-way along such street or sidewalk. STEET – All that area dedicated to public use for public street purposes, and includes but is not limited to, roadways, parkways, alleys and sidewalks. § 176-2. Notification by Distributors (a) Any distributor having a newsrack which is already located or installed on any public sidewalk or public right-of way within the City of Hackensack on the effective date of this chapter shall, within 30 days of the effective date of this chapter, notify the Zoning Official, in writing, of the location and placement of each such newsrack. Such notice shall include: 10/22/13 (1) The precise location of each such newsrack; (2) The name, address and telephone number of the distributor; and (3) A certification by the distributor that the location, installation and maintenance of such newsrack conforms to, and will continue to conform to, the Municipal Code of the City of Hackensack, and that said distributor assumes the unconditional obligations for any legal liability occasioned by such installation and maintenance, and that said distributor agrees to indemnify and hold harmless the City of Hackensack, its servants, agents and employees, for any and all claims arising out of said distributor’s installation, use or maintenance of such newsrack. (b) Any distributor having a newsrack which is already located or installed on any public sidewalk or public right-of way within the City of Hackensack on the effective date of this chapter, shall, by November 1, apply to obtain a permit in accordance with the requirements and deadlines as set forth in the remaining sections of this chapter for any newsrack or newsracks such distributor intends to continue operating. § 176-3 Compliance and Permit Required (a) It shall be unlawful for any person, firm, corporation or distributor to erect, place, maintain or operate a newsrack on any public right-of-way within the City of Hackensack, without first having obtained a permit from the Zoning Official. The permit shall specify the exact location of each such newsrack. One permit may be issued to include any number of newsracks and shall be signed by the applicant. (b) An application for such permit shall be made in writing, by November 1, to the office of the Zoning Official of the City of Hackensack upon such form, as shall be provided, and shall contain the name and address of the applicant and the proposed specific location of said newsrack or newsracks and shall be signed by the applicant. The application must contain a certification by the distributor that said distributor assumes the unconditional obligations for any legal liability occasioned by such installation and maintenance, and that said distributor agrees to indemnify and hold harmless the City of Hackensack, its servants, agents and employees, for any and all claims arising out of said distributor’s installation, use or maintenance of such newsrack. The application must also be accompanied by a color sketch or color drawing to scale, and specifications of the proposed newsrack depicting compliance with the requirements for dimensions, color and lettering, and the application shall be signed by the applicant. (c) If the applicant meets all the requirements of the provisions of this section, the permit shall be issued within 60 business days for an effective date of January 1. (d) If the application is denied, the Zoning Official, within 30 business days and by regular mail, shall set forth in writing the reasons for the denial. For each requested location, the Zoning Official shall have an additional 7 business days to act. (e) Such denial by the Zoning Official may be appealed within 30 days to the Zoning Board of Adjustment which shall render a decision within 60 days. § 176-4 Conditions for Permit; Term; Liability Insurance (a) Permits may be issued for the installation of a newsrack or newsracks, but such newsrack or newsracks and the installation, use or maintenance thereof shall be conditioned upon compliance with the provisions of this section. 10/22/13 (b) The permit shall be valid for a period of 1 year, commencing January 1, and shall be renewable in January of the subsequent year. Permits shall be renewable pursuant to the procedure for original application. (c) No permit shall be issued or continued in operation unless the applicant shall file with the Zoning Official an insurance policy or policies of a company duly licensed to transact business under the insurance laws of this State, with coverage limits of at least $100,000 per person and $1,000,000 per accident, insuring against loss from liability imposed by law upon the distributor for damages on account of bodily injury or death suffered, and in the sum of $50,000 against loss on account of property damage suffered by any person or persons as a result of an accident occurring by reason of the ownership, control or maintenance of a newsrack, and no permit shall continue effective unless such insurance shall remain in full force and effect, during the entire term of the permit. Such insurance policy shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance and control of such newsrack, or any fault in respect thereto, and shall be for the benefit of any person suffering loss, damage or injury as aforesaid. Each insurance policy shall provide that neither the distributor, nor its insurer, shall have any right to subrogation against the City of Hackensack. Each insurance policy shall provide primary coverage for any and all losses and shall be drafted so as to protect all parties. The distributor shall have the City of Hackensack added as an additional insured on the insurance policies required by this Section. § 176-5 Standards for Maintenance and Installation Any newsrack which in whole or in part rests upon, or over any public sidewalk or public right-of-way, shall comply with the following standards: (a) No newsrack shall exceed 60 inches in height, 24 inches in width or 20 inches in depth; (b) The exterior of the newsrack shall be in accordance with this chapter and only deal with the display, sale or purchase of the newspaper sold therein; (c) Each newsrack shall be blue with gold lettering, but the lettering shall not exceed three inches (3”) in height and shall not cover more than 10 percent (10%) of the surface area of the newsrack. (d) Each newsrack shall only be used to store newspapers the distributor intends on selling; (e) Each newsrack shall be equipped with a coin return mechanism to permit a person using the machine to secure an immediate refund in the event he or she is unable to receive the newspaper paid for. The coin return mechanism shall at all times be maintained in good working order. (f) Each newsrack shall have affixed to it, in a readily visible location, a notice setting forth the name and address of the distributor and a telephone number which persons may call to report a malfunction or to secure a refund in the event of a malfunction of the coin return mechanism or to give the notices provided for in this ordinance. (g) Each newsrack shall be maintained in a neat and clean condition and in good repair at all times. In particular, each newsrack shall be maintained so that: 10/22/13 (1) It is reasonably free of loose, chipped, peeling or cracked paint on the exterior surfaces thereof; (2) It is reasonably free of rust and corrosion on the exterior surfaces thereof; (3) The clear plastic or glass parts thereof, if any, are not broken or cracked so as to create danger to users thereof; and (4) Structural parts are not broken, cracked or otherwise in a condition which might render them dangerous to users thereof. § 176-6 Location and Placement of Newsracks Any newsrack which in whole or in part rests upon, or over any public sidewalk or public right-of-way, shall be located in accordance with the following requirements: (a) No newsrack shall be used or maintained which projects onto, into or over any part of the roadway of any public street, or which rests, wholly or in part upon, along or over any portion of the roadway of any public street. (b) No newsrack shall be permitted to rest upon, in or over any public sidewalk, when such installation, use or maintenance: (1) Endangers the safety of persons or property; or (2) Unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, including any legally parked or stopped vehicle; or (3) Unreasonably interferes with the ingress to or egress from any residence or place of business; or (4) Unreasonably interferes with passengers boarding or exiting from buses at designated bus stops; or (5) Unreasonably interferes with the use of traffic signs or signals, fire hydrants or mailboxes located or permitted at or near said location. (c) Newsracks shall be chained, bolted or otherwise secured so as to prevent their being blown or knocked down, or otherwise moved, onto or around the public right-of-way, provided however that no newsrack shall be chained, bolted or otherwise secured to any traffic or street sign, signals, or poles without obtaining the permission of the Zoning Official. (d) Newsracks may be placed next to each other in groups at the same location, provided that no group of newsracks shall extend for a distance of more than 6 feet along a curb, and provided further that there shall be a minimum of 20 feet between any such group of newsracks and any other newsrack or group of newsracks. (e) No newsrack shall be placed, installed, used or maintained: (1) Within 6 feet of any marked crosswalk; (2) Within 12 feet of a curb return of any unmarked crosswalk; (3) Within 5 feet of any fire hydrant, fire or police call box, or other emergency communication facility; or (4) Within 5 feet of any driveway. § 176-7 Enforcement (a) If the Zoning Official shall determine that a newsrack does not comply with the provisions of this chapter, including the requirement to provide the notification required by Section 2 of this chapter, then the Zoning Official shall mail a written notice to the distributor of such newsrack, by certified mail, 10/22/13 return receipt requested, stating the specific reasons why such newsrack does not comply with the provisions of this chapter. (b) If a distributor fails to adjust, correct, register or otherwise cause such newsrack to be brought into compliance with the provisions of this chapter within 10 days of the date the written notice of non-compliance is mailed by the Zoning Official, then such distributor shall be deemed to be in violation of this chapter. § 176-8 Violations and Penalties (a) Any distributor who, following written notice as set forth in Section 7 of this chapter, fails to comply with the provisions of this chapter shall, upon conviction therefor in Municipal Court, be subject to a fine not to exceed $2,000 dollars. Each day for which distributor fails to comply with the provisions of this chapter shall constitute a separate violation hereunder. (b) If a distributor is convicted of a violation of this chapter by the Municipal Court and if such distributor thereafter refuses to remedy or correct the said violation within 20 days of the date of said conviction, or, in the event of a direct appeal, within 20 days of the date upon which said conviction shall become final, then the Zoning Official of the City of Hackensack shall be empowered to remove the newsrack which was the basis for such conviction from the public sidewalk or public right-of-way and return such newsrack to the distributor identified on the newsrack. § 176-9 Severability If any provision of this chapter shall be adjudged unconstitutional or invalid by a court of competent jurisdiction, then such judgment shall not affect, impair or invalidate the remaining provisions hereof, which shall continue in full force and effect. SECTION 2. All other ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency. SECTION 3. This ordinance shall take effect upon final passage and publication as provided by law. NO. 422-13 OFFERED BY: SIMS SECONDED BY: GREENMAN ___________________________________________________________________________________ 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 Syste Capital Trust Account Total Expenditures Interfunds/Transfers $583,038.31 4,709.47 1,575,423.00 1,227.38 0.00 173,648.85 $2,341,232.37 $71,695.02 Roll Call – Ayes: Canestrino, Greenman, Sims, Labrosse Absent – Battaglia 10/22/13 NO. 423-13 OFFERED BY: CANESTRINO SECONDED BY: SIMS ______________________________________________________________________________ BE IT RESOLVED, that United Water New Jersey, Inc. is hereby requested to erect one (1) fire hydrant (s) at the following designated place, to be used for fire purposes only, in accordance with the Rules and Regulations of the Company and its rates as set forth in its Schedule of Rates filed with the New Jersey Board of Public Utilities in Newark, New Jersey. LOCATION OF HYDRANT (S) 1. Proposed hydrant south side of VanWettering Place, approximately 38’ west of River Street. 2. See attached drawing for additional details. Roll Call - Ayes: Canestrino, Greenman, Sims, Labrosse Absent - Battaglia NO. 424-13 OFFERED BY: SIMS SECONDED BY: CANESTRINO ______________________________________________________________________________ WHEREAS, Ford Motor Credit Company, One American Road-MD 7500 Dearborn, Michigan, 48126, has approved lease #8394902 for the City of Hackensack to purchase through Carman Dodge, Inc.,196 South DuPont Hwy, New Castle, DE 19720, (sister company of Winner Ford) who has been awarded the New Jersey State Contract #82927; and WHEREAS, the City of Hackensack 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 Director of the Police Department recommends and the City Manager 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 City Council of the City of Hackensack authorizes the execution of a new lease for six new 2014 Dodge Chargers for the Police Department from Ford Motor Credit Company; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in the forfeiture funds account T-03-56-850836-801 and also that funds will be available from accounts, 4-01-25-240-240261 and 5-01-25-240-240-261. Roll Call - Ayes: Canestrino, Greenman, Sims, Labrosse Absent – Battaglia 10/22/13 NO. 425-13 OFFERED BY: GREENMAN SECONDED BY: SIMS ______________________________________________________________________________ WHEREAS, the City of Hackensack wishes to have police package equipment supplied/installed to their (6) six new 2014 Dodge Chargers for the Police Department pursuant to the Local Public Contract Laws (N.J.S.A. 40A:11-12); and WHEREAS, 10-75 Emergency Lighting LLC., 51 Executive Parkway, Building 1, Ringwood, New Jersey, 07456, has been awarded the New Jersey State Contract No. A81334, A81347; and WHEREAS, the purchase will be for $96,150.00; and WHEREAS, the Director of the Police Department recommends the Director of Purchasing agrees that the utilization of the contract represents the best price available. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the City of Hackensack authorizes the police package equipment to be supplied/installed to their (6) six new 2014 Dodge Chargers for the Police Department from 10-75 Emergency Lighting LLC., 51 Executive Parkway, Building 1, Ringwood, New Jersey, 07456; and BE IT FURTHER RESOLVED, that the Chief Financial Officer has Certified that the funds are available from the forfeiture funds account T-0356-850-836-801. Roll Call - Ayes: Canestrino, Greenman, Sims Labrosse Absent – Battaglia NO. 426-13 OFFERED BY: SIMS SECONDED BY: GREENMAN ______________________________________________________________________________ WHEREAS, pursuant to LPCL 40A:11-6.1 three quotes were received from Diesel Truck Services, Inc., Gerber RV Truck and Bus and the Borough of Paramus, to restore the Fire Bus for the Fire Department of the City of Hackensack that was submerged in flood water due to Hurricane Sandy; and WHEREAS, the Fire Chief advised the City Manager and the Director of Purchasing that he had reviewed such quotations and found that Diesel Truck Service, Inc., 1 River Drive, P.O. Box 98, Garfield, New Jersey, 07026 is reasonable and satisfactory. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the City of Hackensack to authorize repairs to the Fire Bus for the Fire Department of the City of Hackensack that was submerged in flood water due to Hurricane Sandy for the total price of $18,950.00; and BE IT FURTHER RESOLVED, that the Chief Financial Officer has certified that the funds are available in the current account 2-01-25-265-265261 in the amount of $8,950.00, Grant Account G-02-11-903-000-000 in the 10/22/13 amount of $5,000.00 and Grant Account G-02-12-902-000-000 in the amount of $5,000.00. Roll Call - Ayes: Canestrino, Greenman, Sims, Labrosse Absent - Battaglia NO. 427-13 OFFERED BY: GREENMAN SECONDED BY: CANESTRINO _____________________________________________________________________________ WHEREAS, the New Jersey Attorney General’s guidelines states that all property is to be returned to the rightful owner; and WHEREAS, the City of Hackensack is holding $245.00 in the Unallocated Cash Current Fund from the Hackensack Police Department, regarding Case No. 12-28441 dated April 17, 2012; and WHEREAS, these funds were not submitted for forfeiture and per the Bergen County Prosecutors Office should be returned to the rightful owner, Jamar Travis, who has made a written request with photo identification; and WHEREAS, the Chief Financial Officer has instructed the Finance Department to use non-budget account number 3-01-55-900-000-222 to issue said refund. NOW, THEREFORE, BE IT RESOLVED, by the governing body of the City of Hackensack, that the Municipal Tax Collector is hereby authorized to refund $245.00 to its rightful owner, Jamar Travis and the check will be delivered to the Municipal Tax Collector for handling. Roll Call - Ayes: Canestrino, Greenman, Sims, Labrosse Absent – Battaglia NO. 428-13 OFFERED BY: SIMS SECONDED BY: GREENMAN ______________________________________________________________________________ WHEREAS, the City of Hackensack utilizes Bergen County Cooperative Pricing Council Contract 13-99, Resolution No. 1285-13 dated September 17, 2013 for Diesel Fuel, Council Contract 13-98, Resolution No. 1286-13 dated September 17, 2013 for Fuel Oil No. 2, and Council Contract 13-100, Resolution No 1284-13 dated September 17, 2013 for Gasoline; and WHEREAS, these purchase are made on an as-needed basis; and WHEREAS, these purchases will not exceed $625,000.00 for 2013; and WHEREAS, funds are available for this purpose. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the City of Hackensack, County of Bergen, State of New Jersey, authorize the City of Hackensack to make purchases under the Bergen County Cooperative Pricing Council Contracts 13-99 for Diesel Fuel, 13-98 for Fuel Oil No. 2 and 13-100 for Gasoline. Roll Call - Ayes: Canestrino, Greenman, Sims, Labrosse Absent – Battaglia 10/22/13 NO. 429-13 OFFERED BY: GREENMAN SECONDED BY: SIMS ______________________________________________________________________________ WHEREAS, state statute N.J.S.A. 54:4-8.11 permits deduction to be granted to qualifying property owners; and a Veterans WHEREAS, an application must be made in writing by the claimant and a V.S.S. form submitted to the Tax Assessor’s office supported with documents to substantiate all necessary qualifications; and WHEREAS, Robert R. Ramp, residing at 163 Cedar Avenue, Hackensack, New Jersey, having satisfied the necessary requirements above is entitled to a Veterans deduction under N.J.S.A. 54:4-8.16 for 2014 and from year to year without the necessity of renewal. NOW, THEREFORE, BE IT RESOLVED, the Tax Collector is directed to give Robert R. Ramp a credit of $250.00 for 2014 and an additional pro-rated credit for Block 592, Lot 19, for 2013, from August 20, 2013 which is the date of application for this deduction. Roll Call - Ayes: Canestrino, Greenman, Sims, Labrosse Absent – Battaglia NO. 430-13 OFFERED BY: CANESTRINO SECONDED BY: SIMS 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 $2253.16 BLOCK 38 LOT 9 NAME Jovanoski, Slavoljub & Persa 226 Washington Ave Hackensack, NJ 07061 YEAR 2012 REASON CBJ $637.57 238 8-C014C Tzour, Dan & Talia P.O. Box 199 Fair Lawn, NJ 07410 2012 CBJ $148.15 19 LSI Title Agency Inc For Goldberg, Ruth and Donald Escrow Trust Account 700 Cherrington Pkwy Coraopolis, PA 15108 2013 Overpymt $190.92 519 LSI Title Agency Inc For Gillespie (ETAL) Martine R Betancour Escrow Trust Account 700 Cherrington Pkwy Coraopolis, PA 15108 2013 Overpymt 10/22/13 C00D3 36C001B $16.57 540 1C00H2 Saslona, Nicole 970 Main St Unit H2 Hackensack, NJ 07601 2013 Overpymt $852.70 590 5 Enrico, Daniel Labruno 268 Fairmount Ave Hackensack, NJ 07601 2013 Overpymt $341.81 595 27.01 Valley National Title Service For Meglioranza, Cathy 80 E. Ridgewood Ave Paramus, NJ 07652 2013 Overpymt $152.10 621 9 Mack, Maya 890 Summit Ave Hackensack, NJ 07601 2013 Overpymt $1775.00 237 Title Source 2012 Overpymt 1.01 C007E For Smikle, Ingrid 662 Woodward Ave Detroit, MI 48226 $11,380.00 121 45 Marcus Brody as counsel For PS Polifly LLC 5 Becker Farm Rd Roseland, NJ 07068 2009 SBJ $11,961.26 121 45 Marcus Brody as counsel For PS Polifly LLC 5 Becker Farm Rd Roseland, NJ 07068 2010 SBJ $15,2+2.24 121 42 Marcus Brody as counsel For PS Polifly LLC 5 Becker Farm Rd Roseland, NJ 07068 2011 SBJ $4,190.63 411 16 McKirdy & Riskin PA For Sidber, LLC 136 South St P.O. Box 2379 Morristown, NJ 079622379 2013 SBJ 10/22/13 $4,930.34 411 18 McKirdy & Riskin PA For Sidber, LLC 136 South St P.O. Box 2379 Morristown, NJ 079622379 2013 SBJ Roll Call - Ayes: Canetrino, Greenman, Sims, Labrosse Absent - Battaglia NO. 431-13 OFFERED BY: CANESTRINO SECONDED BY: SIMS ______________________________________________________________________________ WHEREAS, on November 6 through November 9, 2013, the New Jersey State Attorney General’s Office, in collaboration with various state agencies and in cooperation with the New Jersey Judiciary, will be sponsoring a FUGITIVE SAFE SURRENDER PROGRAM designed to offer an opportunity for individuals wanted for nonviolent offenses in New Jersey to turn themselves in and, in the same day, remove any warrant filed against them and to adjust the underlying municipal or state summons or complaint filed against them; and WHEREAS, individuals that qualify for this program must report to the Evangelismos Greek Orthodox Church at 661 Montgomery Street, Jersey City, New Jersey between the hours of 9:00 Am and 4:00 PM on those days; and WHEREAS, a Hotline has been established so that residents may get more information as to how they may avail themselves of this opportunity at www.FSSNJ.com or by calling 855-FSS-NJ12; and WHEREAS, the Mayor and Council of the City of Hackensack supports the Attorney General’s Office and the FUGITIVE SAFE SURRENDER PROGRAM, as it will allow many otherwise law-abiding citizens to resolve warrants and outstanding complaints and criminal cases against them so that they may no longer live under the cloud of being a fugitive and to get a fresh start. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the City of Hackensack does hereby support the FUGITIVE SAFE SURRENDER PROGRAM, the New Jersey State Office of the Attorney General and all other program collaborators and participants based upon the significant benefit afforded to the residents of the State. Roll Call - Ayes: Canestrino, Greenman, Sims, Labrosse Absent – Battaglia 10/22/13 NO. 432-13 OFFERED BY: GREENMAN SECONDED BY: SIMS ______________________________________________________________________________ WHEREAS, the Hackensack Health Department participates in the Vaccines for Children (VFC) and Adult VFC programs from the New Jersey Department of Health, which provides free vaccines for residents of Hackensack which are eligible; and WHEREAS, it has been identified by the VFC program that an alternate site must be identified for storage of the vaccines in case of a disaster, such as power outage; and WHEREAS, the Hackensack Health Department refrigerated and frozen vaccine storage capacity; and has appropriate WHEREAS, the Elmwood Park Health Department also has appropriate refrigerated and frozen vaccine storage capacity. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the City of Hackensack that: 1. The Hackensack Health Department is authorized to enter into an inter-local agreement with the Elmwood Park Health Department. 2. The inter-local agreement will establish that the vaccine storage facilities for both jurisdictions could be utilized as an alternate site for the respective health departments in the case of an emergency, until their own vaccine storage facilities can be re-established. Roll Call - Ayes: Canestrino, Greenman, Sims, Labrosse, Absent - Battaglia NO. 433-13 OFFERED BY: SIMS SECONDED BY: GREENMAN _____________________________________________________________________________ WHEREAS, NJS 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount was not determined at the time of the adoption of the budget; and WHEREAS, the Director may also approve the insertion of an item of appropriation for equal amount, NOW THEREFORE, BE IT RESOLVED, that the Council of the City of Hackensack, in the County of Bergen, State of New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the calendar year 2013 in the sum of $7,959.66 which is now available from: Miscellaneous Revenues: Special Items of General Revenue Anticipated With Prior Written Consent of the Director of the Division of Local Government Services: State and Federal Revenues Off-set with Appropriations: 2013 Bullet Proof Vests 10/22/13 in the amount of $7,959.66. BE IT FURTHER RESOLVED, that the like sum of $7,959.66 is hereby appropriated under the caption of : General Appropriations: (a) Operations Excluded from CAPS State and Federal Programs Off-Set by Revenues: 2013 Bullet Proof Vests Other Expenses BE IT FURTHER RESOLVED, that the above is the result of funds from the United States Department of Justice, Bureau of Justice Assistance in the amount of $7,959.66. Roll Call-Ayes: Canestrino, Greenman, Sims, Labrosse Absent – Battaglia NO. 434-13 OFFERED BY: GREENMAN SECONDED BY: CANESTRIO ______________________________________________________________________________ WHEREAS, the Governing Body desires to resolve the litigation captioned 62-64 Main Street, LLC Michael J. Monaghan, Frank Callahan, Danny Callahan, and Joan P. Monaghan v. City of Hackensack, Superior Court of New Jersey, Law Division, Bergen County, Docket No. BER-L-3627-13. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Hackensack, that the City attorney is authorized to settle said claim and execute the requisite settlement documents; and BE IT FURTHER RESOLVED, that the City Clerk be and is hereby directed to retain a copy of the settlement documents for public inspection. Roll Call - Ayes: Canestrino, Greenman, Sims, Labrosse Absent - Battaglia NO. 435-13 OFFERED BY: GREENMAN SECONDED BY: CANESTRINO ____________________________________________________________________________ RESOLUTION ASSIGNING PROFESSIONAL SERVICE PROVIDERS AND AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS WITH SUCH QUALIFIED PROFESSIONALS WHEREAS, it has become necessary for the City of Hackensack (“City”) to engage various professional service providers; 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 10/22/13 WHEREAS, the City issued and 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 a.m.; 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 WHEREAS, the City found it in its 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 various positions, matters and assignments; and NOW, THEREFORE, BE IT 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 to the following positions, matters and assignments: 1. Municipal Auditor/Financial Advisor DiMaria & DiMaria, LLP (Compensation will not exceed $100,000.00 without the express written authorization of the City) 2. Redevelopment Attorney Archer & Greiner, PC (Compensation will not exceed $50,000.00 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. Roll Call - Ayes: Canestrino, Greenman, Sims, Labrosse Absent - Battaglia 10/22/13 NO. 436-13 OFFERED BY: SIMS SECONDED BY: CANESTRINO ______________________________________________________________________________ BE IT RESOLVED by the City Council of the City of Hackensack that Andrew Cimiluca be and is hereby appointed Alternate Municipal Prosecutor for the City of Hackensack and to continue in said office at the pleasure of the City Council. Roll Call: Ayes- Canestrino, Greenman, Sims, Labrosse Absent - Battaglia NO. 437-13 OFFERED BY: SIMS SECONDED BY: CANESTRINO ______________________________________________________________________________ RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH BERGEN COUNTY IN WHICH THE CITY WILL DONATE A FIRE TRUCK TO THE COUNTY OF BERGEN WHEREAS, the City of Hackensack desires to enter into an agreement donating a 1985 Mack de-commissioned fire truck (VIN Number 1M2A114C6FM002263) to the County of Bergen to be utilized by the County of Bergen for training purposes at its fire academy; and WHEREAS, the agreement will include an indemnification clause barring the City from liability; and WHEREAS, the Council finds it in the best interest of the City to donate the fire truck; and NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Hackensack, that the City Manager be and is hereby authorized and directed to enter into an agreement with the appropriate authority of the County of Bergen for the donation of the fire truck. BE IT FURTHER RESOLVED, that the agreement must contain an indemnification clause limiting the City’s liability. BE IT FURTHER RESOLVED, that the City Clerk be and is hereby directed to retain a copy of the contracts for public inspection. 10/22/13 Roll Call - Ayes: Canestrino, Greenman, Sims, Labrosse Absent - Battaglia NO. 438-13 OFFERED BY: CANESTRINO SECONDED BY: SIMS _____________________________________________________________________________ RESOLUTION ASSIGNING PROFESSIONAL SERVICE PROVIDERS AND AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS WITH SUCH QUALIFIED PROFESSIONALS WHEREAS, it has become necessary for the City of Hackensack (“City”) to engage various professional service providers; 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 WHEREAS, the City issued and 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 a.m.; 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 WHEREAS, the City found it in its 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 various positions, matters and assignments; and NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Hackensack, that the City finds it in its best interests to assign the following 10/22/13 professional service providers to the following positions, matters and assignments: 1. Alternate Tax Appeal Attorney Kaufman, Semeraro & Liebman, LLP (Compensation will not exceed $20,000.00 without the express written authorization of the City) 2. Special Litigation Counsel a. Milberg v. City of Hackensack, attorney for Richard Sellitto Grieco & DeFilippo LLC (Compensation will not exceed $40,000.00 without the express written authorization of the City) b. City of Hackensack Property Damage Claim against New Jersey Transit Grieco & DeFilippo LLC (Compensation will not exceed $10,000.00 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. Roll Call - Ayes: Canestrino, Greenman, Sims, Labrosse Absent – Battaglia NO. 439-13 OFFERED BY: GREENMAN SECONDED BY: CANESTRINO _____________________________________________________________________________ WHEREAS, by Resolution No. 416-13 dated October 8, 2013, the Mayor and Council of the City of Hackensack approved a tax refund in the amount of $2,450.05 for Sanzari 2011 LLC, 25 Main Street, Court Plaza North, Hackensack, NJ for property located at 15 Main Street that was donated to the City effective June 11, 2013; and WHEREAS, in order to formalize this refund, it is necessary for the Tax Collector to cancel the taxes ($2,450.05) from June 11, 2013 to June 30, 2013. NOW, THEREFORE, BE IT RESOLVED, that the Tax Collector is hereby authorized to cancel the aforesaid taxes in the amount of $2,450.05. Roll Call - Ayes: Canestrino, Greenman, Sims, Labrosse Absent - Battaglia A motion was offered by Deputy Mayor Canestrino and seconded by Councilman Sims to open the meeting to the public. 10/22/13 Steve Gelber, 304 Clinton Place, spoke about the SRO and said that he has been gathering information regarding same but said that he thought it was disgusting that flyers were passed out encouraging kids at the high school to act as political props. Mr. Gelber said that there is a lot of misinformation out there and also that it isn’t true that there hasn’t been an SRO at the high school. Mr. Gelber acknowledged that retired Detective Kenneth Martin is present at the meeting but said that he hoped that he was not going to get involved in the process. Mr. Gelber also asked if the City was ever reimbursed for the SRO at the Middle School and suggested that the Board of Education might want to go to the sending districts to ask for funding for this. He also commented that he was glad to see the position of full-time CFO being posted as maybe this wouldn’t have happened if the City had a full-time person. Danny Dimoski, Division and Porter, was present to address the Council again concerning the parking situation near his residence. It was agreed that the City will issue two new parking passes to this family. Frank Albolino, 191 Second Street, on behalf of the Board of Education, spoke about information given out earlier on the SRO and said that the SRO operates inside the school, not outside. Therefore the students are able to see him, get to know him, etc. Mr. Albolino also said that the Middle School did have a grant through the Police dept. He also said that he had no knowledge of a meeting between the two groups and said that he is looking for cooperation between the City and the Board of Education. Chuck McAuliffe, spoke about the Monaghan lawsuits and legal representation for the prior Council. Thomas Lydon, 151 Prospect Avenue, spoke about the recent death of Jerry Some after he was struck by a vehicle while crossing the street and asked if it was possible to get a crosswalk or a crossing area. Brownita Shariff, thanked the Hackensack Police Department for their work in the community and spoke about a letter she had written which pertained to a stop sign at Haynes and Stanley and a contaminated lot affecting residents of James, Berry and Second streets. Ms. Shariff asked if the DPW had gotten their raises in a timely manner and also asked for an update on the recreation center. Mayor Labrosse announced that on the City website there is an ad requesting a group of volunteer citizens to work on the community center. Also, with reference to the incident concerning the Civic Center, Ms. Shariff reminded everyone that it is about what is best for the children. Ryan, a student from the high school, did not think it was fair for anyone to say that the students were incapable of standing up for themselves. He said that he is also concerned about this issue and said that he doesn’t feel safe without an SRO, as there used to be a sense of security and safety. Andrea, another high school student, said that she is here on her own free will and that the students are not interest in politics, but safety. She said that the Board of Education and the City need to realize that this issue should be about safety rather than money. Blanche Stuart, also spoke about the SRO and said that the offer of the payment of sixty percent of the bill for an SRO is totally not acceptable and that this is also the responsibility of the sending districts and not only Hackensack residents. She also said that the job of an SRO is also a teaching position. Ms. Stuart spoke about the use of the City seal and the Civic Center by ICAL and said that the situation should be addressed. Ms. Stuart also commented that Mr. Albolino had neglected to announce that another Board of 10/22/13 Education member, Carol Martinez, is present and that she has always advocated for the children. Joseph Campagna, spoke about the redevelopment of the Fair Street area and also thanked the City for providing such a beautiful cornerstone adjacent to Court Plaza. Mr. Campagna also praised Director Michael Mordaga. F.J. Williams, 348 Railroad Avenue, spoke about buses idling in front of his residence. Steven Kopf, a member of the Bergen County Housing Authority, spoke about police officers using excessive force. Carol Martinez, 185 Prospect Avenue, also spoke about the SRO issue and said that she was upset that the kids left. She told the remaining kids that they cannot believe everything they hear and that they must do their own research. Ms. Martinez said that she did not agree with what Mr. Albolino said. Richard Salkin, attorney for the Hackensack Board of Education, said that he did not know anything about the meeting prior to this afternoon but that he was happy to recommend a joint meeting. Mr. Salkin said that public entities cannot pay bills without an invoice. He commended Ms. Stuart as she had one time pointed out how much too informal the Board of Education was at paying bills. With reference to charging sending districts for the SRO, Mr. Salkin said that the cost of the SRO is included in the cost of the tuition to sending districts. He also said that it would be ridiculous for there to be litigation and that he looks forward to dialog on middle ground. Joe Barretto, Poplar Avenue, said that he had agreed with the Mayor at the beginning of the meeting that students should not be used for political purposes. However, Mr. Barretto said that he is disgusted now as to how the kids were treated by members of the audience and asked the Mayor and Council to please not let this happen again. Mildred Dodson, said that the Council is getting someone else’s problem but now they have to sort out the problem. Ms. Dodson agreed that the high school needs a resource officer too, as long as he is outside patrolling the parking lot. She also spoke about drug use and distribution at First and Central. Ms. Dodson told the Council that they should not accept sixty percent payment from the Board of Education. Regina DiPasqua, Parker Avenue, also voiced her displeasure at the flyer that was distributed at the high school and said that she wants someone to find out who did this and how did this happen. Ms. DiPasqua also said that she objects to the payment of sixty percent of the SRO’s salary and also that Mr. Albolino never mentioned the word “safety” when he spoke. She also said that she does not believe that the cost of the SRO should be in the City budget. Kathleen Salvo, 184 Hudson Street, commended the students that are here this evening but said that they were misinformed and that they need to do their homework before they take a stand on something and the flyer was the wrong reason to come. Ms. Salvo said that she had called Mr. Bloom about the SRO and he said that the program started in the 80’s when he and Chief Iurato decided to put an officer outside of the school on patrol in response to issues that were going on. Mrs. Salvo also said that other towns hire retired police officers at lessor pay and also that the money comes from the same pocketbook – the taxpayer. She also said that we are teaching the kids the wrong message about honesty and integrity. 10/22/13 Richard Gelber, questioned why the former City attorney who is now the Board of Education attorney didn’t know about this and said that the residents should be asking Mr. Salkin. Mr. Gelber also told the Council that they should not provide any services until the City is reimbursed. He also said that since school started he has been seeing many arrests and that we should leave policing to the professionals. Kenneth Martin, who is retired from the Hackensack Police Department and was the first SRO officer in the state, also spoke about the importance of the SRO. Officer Martin also spoke about recent events involving shootings in schools. Mr. Martin asked the Council to put the SRO back immediately. Pedra DelVecchio said that the children are watching the adults fight like children. She said that this is petty and embarrassing and must be worked out immediately. Judith Carter asked everyone to stop pushing our children to do the wrong thing and provide them with the right information. Ms. Carter said that there used to be one principal at the high school and now there are four. She also said that the school should be responsible for the bill themselves. Thomas Aiellos said that he had been listening all night. Mr. Aiellos spoke in support of Police Director Michael Mordaga and his capabilities and integrity. He also said that politics have ruined the police department and that the City has the best guy for the job right now. Police Director Michael Mordaga commended Officer Martin and the career that he had while assigned to Hackensack High School. He assured both the students and parents that the police have been at the school every day. As no one else wished to be heard, a motion was made by Deputy Mayor Canestrino and seconded by Councilwoman Greenman to close the meeting to the public. Deputy Mayor Canestrino said that all of the discussion is not about whether or not there should be an SRO in the high school, this decision should be made solely by the Board of Education. She further said that the only thing that is being discussed is in which budget does the cost of the SRO belong. The Deputy Mayor went on to say that the Council does not know what happened in 2006 but that we need to fix this issue and move forward. She said that in 2006 the Board of Education had the money budgeted for the SRO. She further said that she is concerned that this behavior did happen and explained to the audience that when the taxpayers are assessed, the money goes to the county, city and school budgets. However, the city and school budgets are divided. The Deputy Mayor commented that Mr. Salkin had spoke about contributing towns (sending districts) and the fact that in the formula that the Board of Education uses to assess the sending districts there is a percentage for security. Councilwoman Greenman said that this issue is all about money and also that the children have been made into political props. She said that this is not a propaganda machine and it is not the way to educate our kids. The Councilwoman went on to say that it is her understanding that the SRO functions as a social worker, a therapist, a teacher, but does not function as a police officer in the school. She made reference to the movie “Boys Town” and said that the role of the SRO is the same as Father Flannigan and to act as an avenue between the police and the children. Councilwoman Greenman also made reference to the homeless person who had found the money and did the 10/22/13 right thing and turned it in. She said that she is proud to share the earth with Mr. Grady, while on the other hand Mr. Salkin found the money and said “hey, look, no one is asking, it is ours, we do not have to give it back to them”. She also commented “shame on you Mr. Salkin, that is a horrible way to be”. Councilwoman Greenman told the children in attendance to listen to all of the things that were said here tonight and don’t always trust adults just because they are adults. She told them to process information and then decide what is right. Councilman Sims said that he had met with members of ICAL before tonight’s council meeting and also said that he will meet with Ms. Manning to clear the air. Mayor Labrosse said that he wanted to reiterate the comments made about Mr. Grady. He also said that he understands that there has to be a bill but questioned why no one called to ask the City for a bill. The Mayor said that it has been three years since the SRO had been budgeted for and that since the Board of Education had budgeted the money and the City gave them the service then the taxpayers paid twice. He also said that the Council did not know what the Board of Education did with the money but that the City should be reimbursed for the years that it was budgeted. The Mayor also went on to point out that not one person here tonight mentioned security for any of the other schools. He said that all of the Council is in favor of having a SRO but that Director Mordaga will keep up the observation and surveillance at the perimeter of the high school. He also said that there have already been five to six drug arrests this year. The Mayor said that hopefully the Council will meet with the Board of Education soon to resolve this matter. The Mayor also indicated that the new Council had inherited some negative issues beside this one, such as multi-million dollar tax appeals, etc. Mayor Labrosse stated that in his opinion the flyer was totally irresponsible and fear mongering and told the children present that they need to get all of the information, don’t be led down the path, and do your homework. He also said that there had been a meeting last night at the Board of Education and said that the children should have gone to that meeting to question the Board members, but instead were sent here. There being no further business, the meeting adjourned at 9:30 p.m. _____________________________ Mayor John P. Labrosse, Jr. ______________________ ___________________ Deputy Mayor Kathleen Canestrino _______________________________________ Councilwoman Rose Greenman _______________________________________ Councilman David Sims _______________________________________ Councilman Leonardo Battaglia __________________________ Debra Heck, City Clerk 10/22/13