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,
December 9, 2014 at 7:05pm.
Mayor John Labrosse Jr. called the meeting to order and the City Clerk
Deborah Karlsson announced that the meeting was being held in accordance
with the Sunshine Law, notice having been published according to law, with a
copy on file in the City Clerk’s office, and a copy posted on the bulletin board in
City Hall.
Attendance
Ms. Karlsson called the roll: Mayor John P. Labrosse Jr., Deputy Mayor Kathy
Canestrino, Councilman Battaglia, Councilman David Sims and Councilwoman
Greenman are present. City Manager David Troast and City Attorney Thomas
P. Scrivo are in attendance.
Flag Salute
Proclamations
None
Approval of Minutes
A motion to approve the Special Meeting Minutes from September 29, 2014 was
offered by Deputy Mayor Canestrino and seconded by Councilman Battaglia.
The Minutes were approved by Mayor Labrosse, Deputy Mayor Canestrino,
Councilman Battaglia, and Councilman Sims. Councilwoman Greenman was
absent.
A motion to approve C.O.W. and Regular Meeting Minutes from October 7,
2014 was offered by Deputy Mayor Canestrino and seconded by Councilman
Battaglia. All five Councilmembers approved both Minutes.
City Manager’s Report – David R. Troast
First to be discussed is the bond anticipation note sale. There was a successful
bid on November 13, 2014. Valley National Bank won the bid with a net
interest cost of $39,514.93. for a half of a percent. This is better than the .54
percent we received in April’s sale. We have conducted a detailed response to
exit the building in case of an emergency by placing framed maps of the
nearest exits near doorways throughout City Hall and having a fire drill for the
staff. Other public buildings will also be included in this process. Josephine’s
Garden at Hackensack University Medical Center is accepting donations for
children with cancer. There is a box in the lobby with a list of items they are
accepting. New Jersey Energy Strong project is being conducted in at least ten
locations by PSE&G. The gas utility will be upgraded next year in response to
Super Storm Sandy. The County has received bids to repair the sewer drainage
on Summit Avenue. The Cultural Arts Center is hosting a play. Check the
website for more details about times and dates for the Rugrats performance.
Mayor Labrosse: The Summit Avenue area needs to be salted by the County or
our DPW since it will take a while for the bids to be processed. Please contact
the County and see if they can handle it like an emergency and attend to it
sooner than later. The cold nights will cause a lot of hazardous freezing.
12/9/14
Approval of Resolutions
Council
Member
Battaglia
Deputy
Mayor
Canestrino
Sims
Greenman
Mayor
Labrosse
Intro Second
x
x
Yes
No
Abstain Absent Excused
x
x
x
x
x
CITY OF HACKENSACK
RESOLUTION NO. 453-14
FINAL ADOPTION OF ORDINANCE NO. 44-2014, AN
ORDINANCE AMENDING PART 1 OF THE CITY OF
HACKENSACK
MUNICIPAL
CODE
ENTITLED
“ADMINISTRATION LEGISLATION” TO ADD CHAPTER
10, ENTITLED “RULES OF ORDER”
This ordinance has been advertised pursuant to law and now calls for a
public hearing. Will someone so move?”
Motion offered by Deputy Mayor Canestrino
Councilman Sims that there be a public hearing.
and
seconded
by
and
seconded
by
PUBLIC HEARING –
Motion offered by Deputy Mayor Canestrino
Councilman Sims 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. 44-2014 has passed its
second and final reading and is hereby adopted.
CITY OF HACKENSACK
ORDINANCE NO. 44-2014
AN ORDINANCE AMENDING PART I OF THE CITY OF
HACKENSACK
MUNICIPAL
CODE
ENTITLED
“ADMINISTRATION LEGISLATION” TO ADD CHAPTER
10, ENTITLED “RULES OF ORDER”
WHEREAS, pursuant to N.J.S.A. 40:48-2, the governing body of a municipality may
make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not
contrary to the laws of this state or of the United States, as it may deem necessary and proper for
the good of government, order and protection of person and property, and for the preservation of
the public health, safety and welfare of the municipality and its inhabitants, and as may be
necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by
any law; and
WHEREAS, the City of Hackensack City Council (“City Council”) wishes to amend the
City of Hackensack Municipal Code (“City Code”) by adding Part I, Chapter 10, entitled, “Rules
of Order,” in order to publish and utilize a consistent method of conducting business at meetings;
and
WHEREAS, the City Council finds that it is within the public interest to enact rules of
procedure for public meetings; and
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NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY
OF HACKENSACK, as follows:
SECTION 1. Part I of The City of Hackensack Municipal Code entitled “Administrative
Legislation,” is amended to add Chapter 37, entitled “Rules of Order,” such that it states:
Chapter 37. Rules of Order.
§ ____37-11 Governing authority.
A. Unless stated otherwise, meetings of the City Council (“Council”), a public body as
defined herein, shall be held in accord with the Open Public Meetings Act, N.J.S.A. 10:46 to -21 (“OPMA”).
B. Where this Chapter and the OPMA do not address a particular procedure, Robert’s Rules
of Order, Newly Revised, 11th Edition governs.
§ ____37-12 Definitions.
A. Unless otherwise stated, all terms shall have the meanings provided by the New Jersey
Statutes.
B. “Public body” means a commission, authority, board, council, committee or any other
group of two or more persons organized under the laws of this State, and collectively
empowered as a voting body to perform a public governmental function affecting the
rights, duties, obligations, privileges, benefits, or other legal relations of any person, or
collectively authorized to spend public funds including the Legislature, but does not
mean or include the judicial branch of the government, any grand or petit jury, any parole
board or any agency or body acting in a parole capacity, or any political party committee
organized under Title 19 of the Revised Statutes.
C. “Meeting” means and includes any gathering whether corporeal or by means of
communication equipment, which is attended by, or open to, all of the members of a
public body, held with the intent, on the part of the members of the body present, to
discuss or act as a unit upon the specific public business of that body. Meeting does not
mean or include any such gathering (1) attended by less than an effective majority of the
members of a public body, or (2) attended by or open to all the members of three or more
similar public bodies at a convention or similar gathering.
§ ____37-13 Meetings; Scheduling and Notice.
A. Regular Meetings. Regular meetings must be held at least twice per month at a time
designated by the Council pursuant to N.J.S.A. 40:81-19.
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i.
Scheduling of regular meetings. Pursuant to N.J.S.A. 10:4-18, at least once each
year, the Council shall post and maintain posted throughout the year in the place
described in Subsection (E)(iii), for the purpose of public inspection, a schedule
of the regular meetings of the Council to be held during the succeeding year.
ii.
Requests for notices of meetings. Pursuant to N.J.S.A. 10:4-19, any person may
request that a public body mail to him copies of any regular meeting schedule or
revision described in Subsection (A)(i) herein and any advance written notice as
described herein by Subsection (E) regarding any regular, special or rescheduled
meeting of such body. The Council may, by resolution, fix a reasonable amount
to cover the costs of providing such notice. Upon prepayment by such person of a
reasonable sum, the public body shall cause written advance notice of all of its
meetings to be mailed to such person within the time prescribed herein by
Subsection (E).
B. Special Meetings.
i.
Pursuant to N.J.S.A. 40:81-19, special meetings may be called at any time by the
Mayor, by the City Manager, or by two members of the Council.
ii.
Pursuant to N.J.S.A. 40:81-19, special meetings may also be called by petition
signed by voters equal in number to not less than two per cent (2%) of the number
of persons voting in the City of Hackensack (the “City”) at the past proceeding
general election. The petition shall set forth the business to come before the
meeting.
C. Committee of the Whole. Meetings of a committee of the whole must be held in
accordance with Robert’s Rules of Order and are subject to the same notice requirements
provided herein for regular meetings.
D. Adjourned Meetings.
A meeting adjourned to a fixed time shall be considered a
continuation of the preceding meeting, and the business of the Council shall be resumed
where it was left at the last adjournment.
E. Notice. All meetings of the Council shall be duly announced, providing adequate notice,
and shall be open to the public pursuant to N.J.S.A. 40:81-19 and the OPMA.
i.
Adequate notice. Pursuant to N.J.S.A. 10:4-8(d), “adequate notice” means written
advanced notice of at least 48 hours, giving the time, date, location and, to the
extent known, the agenda of any regular, special, or rescheduled meeting, which
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notice shall accurately state whether formal action may or may not be taken and
which shall be:
a. Prominently posted in at least one public place reserved for such or
similar announcements as designated by Subsection (iii) herein;
b. Mailed, telephoned, telegrammed, or hand delivered to at least two
newspapers as designated by Subsection (ii) herein; and
c. Filed with the City Clerk.
ii.
Publication. Pursuant to N.J.S.A. 10:4-8(d) and 40:53-1, the City designates The
Bergen Record and Star Ledger as the official newspapers for publication of all
advertisements and notices required to be published by the City.
iii.
Posting. In order to comply with N.J.S.A. 10:4-8(d) and 10:4-18, the City
designates the bulletin board located closest to the lobby entrance to City Hall as
the prominent public place reserved for posting notices.
iv.
Exception to providing notice. Pursuant to N.J.S.A. 10:4-9, a public body may
hold a meeting notwithstanding the failure to provide adequate notice if:
a. An affirmative vote of three quarters of the members present at the
meeting is obtained;
b. The meeting is required in order to deal with matters of such urgency
and importance that a delay for the purpose of providing adequate notice
would likely result substantial harm to the public interest;
c. The meeting is limited to discussion of and acting with respect to such
matters of urgency and importance;
d. Notice of such meeting is provided as soon as possible following the
calling of such meeting consistent with Subsection (i) herein; and
e. Either (a) the public body could not reasonably have foreseen the need
for such meeting at a time when adequate notice could have been
provided; or (b) although the public body could reasonably have
foreseen the need for such meeting at a time when adequate notice could
have been provided, it nevertheless failed to do so.
v.
Electronic Notice.
In addition to the notice requirements provided herein, a
public body may provide electronic notice of any public meeting through the
Internet.
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vi.
Statement in Minutes of Meeting on Adequate Notice. At the beginning of every
meeting of the Council, the City Clerk shall announce publicly and enter into the
minutes a statement that either:
a. Adequate notice of the meeting was provided, specifying the time, place,
and manner in which such notice was provided; or
b. Adequate notice was not provided, in which case the statement must be
consistent with N.J.S.A. 10:4-10 regarding the urgency and importance
mentioned in Subsection (D)(i) herein.
§ ____37-14 Meeting Procedure.
A. Quorum. Pursuant to N.J.S.A. 40:81-20, a majority of all the members of the Council
shall constitute a quorum and the affirmative vote of a majority of all the members shall
be necessary to take any action or pass any measure, except as otherwise provided by
law.
B. Resolutions and Ordinances.
i.
Every resolution or ordinance shall be reduced to writing and read before the vote
is taken thereon pursuant to N.J.S.A. 40:81-20.
ii.
Pursuant to N.J.S.A. 40:81-21, no ordinance passed by the Council shall go into
effect before ten (10) days from the time of its final passage, except when:
a. Otherwise required by the general laws of the state; or
b. It is an ordinance for the immediate preservation of the public order,
peace, health or safety, or to remedy an emergency caused by fire, flood,
explosion, storm, epidemic, recovery of judgment, the act of God or the
public enemy, which may be passed to take effect immediately without
publication and at one meeting, by the vote of one more than a majority
of the members of the Council.
C. Voting, Generally. The vote upon every motion, resolution, or ordinance shall be taken
by yeas and nays and entered on the minutes.
D. Call to Order and Order of Business. The Mayor shall be the presiding officer, and shall
call the meeting to order by determining that a quorum is present. He/she shall take the
chair and announce that the meeting will come to order. This may be followed by other
opening ceremonies. The following represents the sequence in which business is to be
introduced:
12/9/14
i.
Reading and approval of minutes;
ii.
Reports of officers, boards, and standing committees;
iii.
Reports of special committees;
iv.
Special orders;
v.
Unfinished business and general orders;
vi.
New business; and
vii.
Public comment.
E. Procedure.
i.
Business is to be brought before the public body by motion in accordance with
Robert’s Rules of Order and debated and voted upon pursuant to same unless
otherwise stated in this Chapter.
ii.
Public Comment
a. Pursuant to N.J.S.A. 10:4-12, the Council shall set aside a portion of
every meeting for public comment.
b. No person shall address the Council except during the portion of the
meeting set aside for public comment pursuant to N.J.S.A. 10:4-12 and
during the opportunity to be heard upon the second reading of an
ordinance pursuant to N.J.S.A. 40:49-2. Any person who desires to
address the Council shall first seek to be recognized by the presiding
officer.
c. Remarks during the public comment portion of the meeting shall be
within the time limits set by the Council by resolution in accordance
with N.J.S.A. 10:4-12, for public comment on any governmental issue
that a member of the public expresses may be of concern to the residents
of the City.
d. Each person addressing the Council shall step up to the microphone
provided for use of the public, give his or her name and address in an
audible tone of voice for the record, state the subject he or she wishes to
discuss, and state whom he or she is representing.
e. No person other than members of the Council and the person having the
floor shall be permitted to enter into any discussion, either directly or
12/9/14
through a member of the Council, without the permission of the
presiding officer.
f. All remarks shall be directed at the presiding officer; a participant may
not address, or question Councilmembers individually.
g. In order to expedite discussion and to avoid repetitious presentations,
whenever any group of persons is to address the Council on the same
subject, the presiding officer may request that a spokesperson, or
spokespersons, be chosen by the group to address the Council; and, if
additional matters are to be presented by any other member of this
group, to limit the number of persons addressing the Council.
h. No person may address the Council more than once during the public
comment portion of the meeting.
F. Minutes.
i.
Taking of the Minutes. Minutes shall be kept of every meeting by the municipal
clerk as hereinafter prescribed, and any citizen may have access to the minutes
upon application to the Clerk.
a. Pursuant to N.J.S.A. 10:4-14, the minutes must include the time and
place, the members present, the subjects considered, the actions taken,
the vote of each member, and any other information required to be
shown in the minutes by law, which must promptly be available to the
public.
b. Pursuant to N.J.S.A. 40:81-20, the minutes of each meeting shall be
signed by a majority of all the members of the Council and the City
Clerk. No member shall sign minutes of a meeting at which he was not
present.
ii.
Reading and Approval of the Minutes. Minutes of the meeting shall be read and
approved at the beginning of a regular meeting immediately after the call to order
and any opening ceremonies.
a. Where a draft of the minutes of the preceding meeting has been sent to
all members in advance, it is presumed that the members have reviewed
them. In this case, the minutes will not be read prior to approval unless
12/9/14
requested. However, correction and approval continues to be handled as
hereinafter prescribed by Subsection (ii)(b).
b. Approval of the minutes and corrections, if any, are done by unanimous
consent; the chair shall call for the reading of the minutes, ask for any
corrections, and declare the minutes approved.
c. Minutes may not be approved at special meanings; minutes from special
meetings must be approved at a regular meeting.
§ ____37-15 Demeanor.
A. All persons shall be silent at the request of the presiding officer.
B. The following is strictly prohibited:
i. Defamatory, personal, or profane remarks;
ii. Loud, threatening, or abusive language;
iii. Remarks irrelevant to public business; and
iv. Disorderly conduct that disturbs or disrupts the conduct of any meeting, including
but not limited to hand clapping, stamping of feet, whistling, shouting or other
similar demonstrations which may disturb the peace and order of the meeting.
C. Any member of the public who makes such remarks or engages in such conduct will be
called to order by the presiding officer. If the conduct continues, the presiding officer
may ask the person to leave the meeting.
D. Any person who, at the request of the presiding officer, is asked to leave the meeting,
shall do so immediately. If persons do not remove themselves at the instruction of the
presiding officer, the presiding officer may order the Sergeant-at-Arms to remove them.
Any person who resists removal by the Sergeant-at-Arms shall be charged with violating
N.J.S.A. 2C:33-8, Disrupting meetings and processions.
E. The Chief of Police, or such members of the Police Department as the Council may
designate, shall be Sergeant(s)-at-Arms at the Council meetings. He, she, or they shall
carry out all orders given by the presiding officer for the purpose of maintaining order
and decorum at the Council meeting. On instruction of the presiding officer, the
Sergeant-at-Arms shall remove from the meeting any person who disturbs the
proceedings of the Council.
§ ____37-16 Videotaping, audiotaping and photographing.
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Any person may videotape, audiotape or photograph the proceedings of the Council. Such
conduct should be unobtrusive so as not to interfere with the proceedings. The Council may
direct the activities of such persons to ensure an orderly meeting.
Section 2:
This Ordinance shall take effect upon passage, adoption, and publication in the manner
prescribed by law.
Council
Member
Battaglia
Deputy
Mayor
Canestrino
Sims
Greenman
Mayor
Labrosse
Intro Second
Yes
No
Abstain Absent Excused
X
X
X
X
X
X
CITY OF HACKENSACK
RESOLUTION NO. 454-14
FINAL ADOPTION OF ORDINANCE NO. 45-2014, AN
ORDINANCE AMENDING PART II OF THE CITY OF
HACKENSACK MUNICIPAL CODE CHAPTER 170,
SECTION 23, ENTITLED “TURNS AT INTERSECTIONS,”
AND SECTION 64, ENTITLED “SCHEDULE XV:
PROHIBITED TURNS AT INTERSECTIONS”
This ordinance has been advertised pursuant to law and now calls for a
public hearing. Will someone so move?”
Motion offered by Councilman Battaglia and seconded by Councilman
Sims that there be a public hearing.
PUBLIC HEARING –
Kathleen Salvo – Hudson Street – Shouldn’t
this read 4 tons not 10 tons? Attorney Scrivo advised that we adopt
ordinance as written and then amend at a later date as there is a process
to be followed with the State.
Motion offered by Deputy Mayor Canestrino
Councilman Sims that the public hearing be closed.
and
seconded
by
BE IT RESOLVED by the City Council of the City of Hackensack, County
of Bergen and State of New Jersey, that Ordinance No. 45-2014 has passed its
second and final reading and is hereby adopted.
CITY OF HACKENSACK
ORDINANCE NO. 45-2014
AN ORDINANCE AMENDING PART II OF THE CITY OF
HACKENSACK MUNICIPAL CODE CHAPTER 170,
SECTION 23, ENTITLED “TURNS AT INTERSECTIONS,”
AND SECTION 64, ENTITLED “SCHEDULE XV:
PROHIBITED TURNS AT INTERSECTIONS”
12/9/14
WHEREAS, pursuant to N.J.S.A. 39:4-197, the governing body of a municipality may
pass an ordinance or resolution limiting the use of streets by commercial vehicles with the
approval of the Commissioner of the New Jersey Department of Transportation (the
“Commissioner”); and
WHEREAS, the City of Hackensack City Council (“City Council”) caused Boswell
Engineering to prepare an evaluation of existing traffic conditions at the corner of Vreeland
Avenue and Hudson Street; and
WHEREAS, the evaluation was sent to the Bureau of Traffic Engineering at the
Department of Transportation for approval of a right turn prohibition for commercial motor
vehicles with a gross vehicle weight of ten (10) tons; and
WHEREAS, the Bureau of Traffic Engineering has reviewed the Boswell Engineering
evaluation and will recommend the adopted ordinance for approval by the Commissioner; and
WHEREAS, the City Council wishes to amend the City of Hackensack Municipal Code
(“City Code”) Part II, Chapter 170, Article VII, Section 23 entitled “Turns at Intersections” to
codify the language already in effect in Section 23 into “Subsection A” and to add “Subsection
B” to prevent right-hand turns by certain commercial vehicles at certain intersections within the
City; and
WHEREAS, the City Council wishes to amend the City Code Part II, Chapter 170,
Article XIV, Section 64 entitled “Schedule XV: Prohibited Turns at Intersections” to codify the
language already in effect in Section 64 into “Subsection A” and to add “Subsection B” to
prevent right-hand turns by certain commercial vehicles at certain intersections within the City;
and
NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY
OF HACKENSACK, as follows:
SECTION 1. Part II of The City of Hackensack Municipal Code entitled “General Legislation,”
Chapter 170, entitled “Vehicles and Traffic,” Article VII “Turn Prohibitions and Lane
Reservations,” Section 23, entitled “Turns at intersections,” shall be amended such that it states:
§ 170-23 - Turns at Intersections.
C. No person shall make a turn of the kind designated (left, right, all) at any of the locations
described in Schedule XV, Subsection A attached to and made a part of this chapter.
D. No person operating a commercial motor vehicle with a gross vehicle weight of ten (10)
tons shall make a turn of the kind designated (left, right, all) at any of the locations
described in Schedule XV, Subsection B attached to and made a part of this chapter.
SECTION 2. Part II of The City of Hackensack Municipal Code entitled “General Legislation,”
Chapter 170, entitled “Vehicles and Traffic,” Section 64, Article XIV “Schedules,” entitled
“Schedule XV: Prohibited Turns at Intersections,” shall be amended such that it states:
§ 170-64 - Schedule XV: Prohibited Turns at Intersections.
A. In accordance with the provisions of § 170-23(A), no person shall make a turn of the kind
designated below at any of the following locations:
B. In accordance with the provisions of § 170-23(B), no person operating a commercial
motor vehicle with a gross vehicle weight of ten (10) tons shall make a turn of the kind
designated (left, right, all) at any of the following locations:
Turn Prohibition
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Intersection
Turn Prohibited
Time(s)
Movement Prohibited
Vreeland Avenue
and Hudson
Street (CR 49)
Right
All
From eastbound on
Vreeland Avenue to
southbound on Hudson
Street (CR 49)
SECTION 3.
This Ordinance shall take effect upon passage, adoption, publication, and approval by the
Commissioner in the manner prescribed by law.
Council
Member
Battaglia
Deputy
Mayor
Canestrino
Sims
Intro Second
x
x
Greenman
Mayor
Labrosse
Yes
No
Abstain Absent Excused
x
x
x
x
x
CITY OF HACKENSACK
RESOLUTION NO. 455-14
FINAL ADOPTION OF ORDINANCE NO. 46-2014, AN
ORDINANCE AMENDING PART II OF THE CITY OF
HACKENSACK MUNICIPAL CODE CHAPTER 109,
ENTITLED “LITTERING”
This ordinance has been advertised pursuant to law and now calls for a
public hearing. Will someone so move?”
Motion offered by Councilman Sims and seconded by Deputy Mayor
Canestrino that there be a public hearing.
PUBLIC HEARING –
Motion offered by Councilwoman Greenman
Councilman Sims that the public hearing be closed.
and
seconded
by
BE IT RESOLVED by the City Council of the City of Hackensack, County
of Bergen and State of New Jersey, that Ordinance No. 46-2014 has passed its
second and final reading and is hereby adopted.
CITY OF HACKENSACK
ORDINANCE NO. 46-2014.
AN ORDINANCE AMENDING PART II OF THE CITY OF
HACKENSACK MUNICIPAL CODE CHAPTER 109,
ENTITLED “LITTERING”
WHEREAS, pursuant to N.J.S.A. 40:48-2, the governing body of a municipality may
make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not
contrary to the laws of this state or of the United States, as it may deem necessary and proper for
the good of government, order and protection of person and property, and for the preservation of
the public health, safety and welfare of the municipality and its inhabitants, and as may be
12/9/14
necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by
any law; and
WHEREAS, the City of Hackensack (“City”) wishes to amend Chapter 109 entitled
“Littering,” Articles I and II to modify the violations and penalties for littering and illegal
dumping; and
WHEREAS, the City Council finds it in the City’s best interest to make this change.
NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY
OF HACKENSACK, as follows:
SECTION 1. Chapter 109 entitled, “Littering” is amended so as to move Sections 12 through
15 from Article II into Article I entitled “General Provisions,” and renumber those sections such
that The City of Hackensack Municipal Code, Part II entitled “General Legislation,” states:
Article I. General Provisions
...
§ 109-11. Definitions.
For the purpose of this article, the following terms, phrases, words and their derivations shall
have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a
different meaning. When not inconsistent with the context, words used in the present tense
include the future, words used in the plural number include the singular number, and words used
in the singular number include the plural number. The word "shall" is always mandatory and not
merely directory.
LITTER
Any used or unconsumed substance or waste material which has been discarded, whether made
of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any
combination thereof, including, but not limited to, any bottle, jar or can, or any top, cap or
detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or
glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or
garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other
packaging or construction material, but does not include the waste of the primary processes of
mining or other extraction processes, logging, sawmilling, farming or manufacturing.
LITTER RECEPTACLE
A container suitable for the depositing of litter.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of
this state subject to municipal jurisdiction.
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§ 109-12. Prohibited acts and regulated activities.
A. It shall be unlawful for any person to throw, drop, discard or otherwise place any litter of any
nature upon public or private property other than in a litter receptacle, or having done so, to
allow such litter to remain.
B. Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in
violation of this article, the operator or owner, or both, of the motor vehicle or boat shall also be
deemed to have violated this article.
§ 109-13. Enforcement.
This article shall be enforced by the Police Department and/or other municipal officials of the
City of Hackensack.
§ 109-14. Violations and penalties.
Any person(s) who is found to be in violation of the provisions of this article shall be subject to a
fine not to exceed $500.
SECTION 2. Chapter 109 entitled, “Littering” is amended as to rename Article II, “Illegal
Dumping,” move Section 11 into Article II, renumber it as Section 15, and to add Section 16,
entitled “Violations and penalties” such that The City of Hackensack Municipal Code, Part II
entitled “General Legislation,” states:
Article II. Illegal Dumping
§ 109-15. Illegal Dumping and storage
It is unlawful for any person to discard, dump or store along any street or road, on or off any
right-of-way or on any other public or private property any household or commercial solid waste,
rubbish, refuse, litter, junk, junk vehicle parts, rubber tires, appliances, furniture or construction
debris in any place not specifically designated for the purpose of solid waste storage or disposal.
§ 109-16. Violations and penalties
Any person(s) who is found to be in violation of the provisions of this article shall be subject to a
fine not to exceed $1,000, plus reimbursement for reasonable clean-up costs incurred by the City
or its agent.
Section 3:
This Ordinance shall take effect upon passage, adoption, and publication in the manner
prescribed by law.
12/9/14
Council
Member
Battaglia
Deputy
Mayor
Canestrino
Sims
Greenman
Mayor
Labrosse
Intro Second
X
X
Yes
No
Abstain Absent Excused
X
X
X
X
X
CITY OF HACKENSACK
RESOLUTION NO. 456-14
INTRODUCTION OF ORDINANCE NO. 47-2014, AN ORDINANCE AMENDING
PART II OF THE CITY OF HACKENSACK MUNICIPAL CODE ENTITLED
“GENERAL LEGISLATION” TO ADD CHAPTER 159, ENTITLED “TOWERS
AND WRECKERS”
BE IT RESOLVED that the above ordinance, being Ordinance 47-2014
as introduced, does now pass on first reading and that said Ordinance shall be
considered for final passage at a meeting to be held on December 22, 2014 at
8:00 p.m. or as soon thereafter as the matter can be reached at the regular
meeting place of the City Council and at such time and place all persons
interested be given an opportunity to be heard concerning said Ordinance and
that the City Clerk be and she is hereby authorized and directed to publish
said ordinance according to law with a notice of its introduction and passage
on first reading and of the time and place when and where said ordinance will
be further considered for final passage.
CITY OF HACKENSACK
ORDINANCE NO. 47-2014
AN ORDINANCE AMENDING PART II OF THE CITY OF
HACKENSACK
MUNICIPAL
CODE,
ENTITLED
“GENERAL LEGISLATION” TO AMEND CHAPTER 159,
ENTITLED “TOWERS AND WRECKERS”
WHEREAS, the City of Hackensack (“City” or “Hackensack”) is in need of regulating
towing operations and facilities, the procedure by which persons or companies are chosen, and
the punishment for a violation of this section; and
WHEREAS, pursuant to N.J.S.A. 40:48-2.49, a municipality may regulate, by ordinance,
the removal of motor vehicles from private or public property by operators engaged in such
practice, including, but not limited to, the fees charged for storage following removal, fees
charged for such removal, notice requirements therefor, and the mercantile licensing of such
operators; and
WHEREAS, pursuant to N.J.S.A. 40:48-2.54, the governing body of a municipality or
county which requires the towing and storage of motor vehicles without the consent of the
owners of those vehicles shall adopt an ordinance or resolution, as appropriate, setting forth a
model schedule of towing and storage services which they require and the rates therefor, which
rates shall be based on the usual, customary and reasonable rates of operators towing and storing
motor vehicles in the municipality or county, as applicable; and
WHEREAS, the City Council finds it in the City’s best interest to amend the current
Chapter 159, Section 159-2, entitled “License required; fees; expiration.”
NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY
OF HACKENSACK, as follows:
12/9/14
SECTION 1. The City of Hackensack Municipal Code, Part II entitled “General Legislation,” is
amended such that Chapter 159, entitled “Towers and Wreckers,” Section 159-2, Subsection B is
amended to read as following:
§ 159-2
License Required; fees; expiration.
B. The fee for the license issued under this chapter shall be $500. The license shall
remain in effect from January 1 to December 31 of each year or any part thereof. It may be
renewed annually by the operator paying a fee of $500. Before December 31 of any year, the
City Council may, by resolution, authorize the extension of permits beyond December 31 of that
year for a period not to exceed six (6) months for all permits that were previously issued and
remain valid at the date of the Resolution. All licenses issued for the calendar year wherein the
Resolution was passed shall be extended without the requirement for payment to renew the
license. Upon termination of the extension, all licensees may renew their permit by paying a fee
of $500 as previously provided herein.
Section 2:
This Ordinance shall take effect upon passage, adoption, and publication in the
manner prescribed by law.
Council
Member
Battaglia
Deputy
Mayor
Canestrino
Sims
Greenman
Mayor
Labrosse
Intro Second
X
X
Yes
X
No
Abstain Absent Excused
X
X
X
X
CITY OF HACKENSACK
RESOLUTION NO. 457-14
RESOLUTION AUTHORIZING AND DIRECTING THE PLANNING BOARD TO
UNDERTAKE AN INVESTIGATION TO DETERMINE WHETHER THE DELINEATED
AREA OF BLOCK 203.01, LOTS 2, 3 & 3.01 AND BLOCK 300, LOTS 3.01 & 3.02
(RECORD SITE) SATISFIES THE CRITERIA FOR DESIGNATION AS AN AREA IN
NEED OF REDEVELOPMENT
WHEREAS, the City of Hackensack (“the City”) is authorized pursuant to N.J.S.A. 40A:12A-5 to
determine that a delineated area in the City is an area in need of redevelopment; and
WHEREAS, in order to make such a determination, the City’s governing body must first authorize
the City’s Planning Board to undertake a preliminary investigation to determine whether a proposed
area is a redevelopment area according to the statutory criteria set forth under N.J.S.A. 40A:12A-5 and
40A:12A-3; and
WHEREAS, the City’s governing body also desires to authorize its planning consultant, DMR
Architects (“DMR”), to assist the Planning Board in its preliminary investigation of Block 203.01, Lots 2, 3
& 3.01 and Block 300, Lots 3.01 & 3.02 (Record Site) to help guide its determination whether the
delineated area is an “area in need of redevelopment” as set forth under N.J.S.A. 40A:12A-5 and
40A:12A-3.
12/9/14
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack in the County
of Bergen, State of New Jersey, as follows:
1. The Planning Board is hereby authorized and requested to undertake a preliminary
investigation of Block 203.01, Lots 2, 3 & 3.01 and Block 300, Lots 3.01 & 3.02 (Record Site)
to determine whether the delineated area of investigation constitutes an “area in need of
redevelopment” according to the criteria set forth in N.J.S.A. 40A:12A-5 and 40A:12A-3.
2. DMR is hereby authorized to assist the Planning Board in its preliminary investigation of the
delineated area of investigation, and to begin preparation of a Redevelopment Plan in the
event the Planning Board recommends that all or some of the delineated area of
investigation constitutes an “area in need of redevelopment.”
3. The City Manager, DMR, City Attorney and Special Redevelopment Counsel are each hereby
authorized and directed to take any necessary and appropriate actions in connection with
the investigation of the delineated area of investigation, and are hereby authorized and
directed to take such actions, including but not limited to, the negotiation of any and all
documents necessary to undertake the investigation as being hereby ratified and confirmed.
4. This Resolution shall become effective immediately upon adoption.
Council
Member
Battaglia
Deputy
Mayor
Canestrino
Sims
Greenman
Mayor
Labrosse
Intro Second
Yes
X
No
Abstain Absent Excused
X
X
X
X
X
X
CITY OF HACKENSACK
RESOLUTION NO. 458-14
RESOLUTION AUTHORIZING PROPOSED BERGEN COUNTY COMMUNITY
DEVELOPMENT GRANTS 2015-2016
WHEREAS, Bergen County Community Development Grants have been
proposed by the following organizations located in the municipality of Hackensack,
New Jersey; and
WHEREAS, pursuant to the State Inter-local Services Act, Community
Development funds may not be spent in a municipality without authorization by the
Mayor and City Council; and
WHEREAS, this resolution does not obligate the financial resources of the
municipality and is intended solely to expedite expenditure of the aforesaid
Community Development Funds.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the
City of Hackensack hereby confirms endorsement of the following projects; and
12/9/14
BE IT FURTHER RESOLVED, that a copy of this resolution shall be sent to
the Director of the Bergen County Community Development Program so that
implementation of the aforesaid projects may be expedited.
APPLICANT
PURPOSE
AMOUNT
Boys & Girls Clubs of
Lodi/Hackensack
Juvenile Intervention
$ 55,000
Family Teen Center Operations of Youth at Risk Prevention Program
Council
Member
Battaglia
Deputy
Mayor
Canestrino
Sims
Intro Second
X
X
Greenman
Mayor
Labrosse
Yes
X
No
$ 8,500
Abstain Absent Excused
X
X
X
X
CITY OF HACKENSACK
RESOLUTION NO. 459-14
RESOLUTION AUTHORIZING TAX REFUNDS
BE IT RESOLVED, by the City Council of the City of Hackensack that
the proper officers be and are hereby authorized to make the following refunds
for the reasons stated:
AMOUNT
BLOCK
YEAR
REASON
$5,536.18
66
43
Nowell Amoroso Klein Bierman P.P.
For Sanzari, Alfred
155 Polifly Rd
Hackensack, NJ 07601
2007
SBJ
$5,833.85
66
43
Nowell Amoroso Klein Bierman P.P.
For Sanzari, Alfred
155 Polifly Rd
Hackensack, NJ 07601
2008
SBJ
$6,162.13
66
43
Nowell Amoroso Klein Bierman P.P.
For Sanzari, Alfred
155 Polifly Rd
Hackensack, NJ 07601
2009
SBJ
$6,476.50
66
43
Nowell Amoroso Klein Bierman P.P.
For Sanzari, Alfred
155 Polifly Rd
Hackensack, NJ 07601
2010
SBJ
$10,259.50
82.01
15
Michael A. Vespasiano
Attorney Trust for G&B Partners LLC
331 Main St
Chatham, NJ 07928
2010
SBJ
$13,005.06
82.01
15
Michael A. Vespasiano
Attorney Trust for G&B Partners LLC
331 Main St
Chatham, NJ 07928
2011
12/9/14
LOT
NAME
SBJ
$4,817.63
100.03
11
Brach Eichler, LLC
And 222 Elleen Terrace LLC
101 Eisenhower Parkway
Roseland, NJ 07068
2009
SBJ
$5,063.40
100.03
11
Brach Eichler, LLC
And 222 Elleen Terrace LLC
101 Eisenhower Parkway
Roseland, NJ 07068
2010
SBJ
$8,196.89
242.02
12
Pless & Habeeb, LLP
And WFK04, LLC & TN02, LLC
3 University Plaza
Hackensack, NJ 07601
2010
SBJ
$44,757.82
245
2
Carlet, Garrison, Klein &
Zaretsky LLP Atty for Summit Manor Co
1135 Clifton Ave Suite 104
Clifton, NJ 07013
2011
SBJ
4
Carlet, Garrison, Klein &
Zaretsky LLP Atty for Summit Manor Co
1135 Clifton Ave Suite 104
Clifton, NJ 07013
2011
SBJ
SBJ
$45,687.38
247
$2,749.37
331
3
Waters, McPherson, McNeill PC
2010
For Lobosco, Joseph & Lobosco, Angelo
300 Lighting Way
P.O. Box 1560
Secaucus, NJ 07096
$28,007.53
412
16
Nowell Amoroso Klein Bierman P.A.
For Executive Plaza North
155 Polifly Rd
Hackensack, NJ 07601
2008
SBJ
$46,196.04
412
16
Nowell Amoroso Klein Bierman P.A.
For Executive Plaza North
155 Polifly Rd
Hackensack, NJ 07601
2009
SBJ
$6,941.81
419
31
Michael A. Vespasiano, Atty Trust
For Rafla, Widad
331 Main St
Chatham, NJ 07928
2009
SBJ
$8,459.95
419
31
Michael A. Vespasiano, Atty Trust
For Rafla, Widad
331 Main St
Chatham, NJ 07928
2010
SBJ
$10,933.76
422
4
Nowell Amoroso Klein Bierman P.A
For Carriage House Associates
155 Polifly Rd
Hackensack, NJ 07601
2008
SBJ
$5,347.01
422
4
Nowell Amoroso Klein Bierman P.A
For Carriage House Associates
155 Polifly Rd
Hackensack, NJ 07601
$ 2,698.44
12/9/14
439
36
Michael A. Vespasino
Attorney Trust account for
T&G II LLC
2009
SBJ
2007
SBJ
331 Main St
Chatham, NJ 07928
$3,892.03
439
36
Michael A. Vespasino
Attorney Trust account for
T&G II LLC
331 Main St
Chatham, NJ 07928
2008
SBJ
$5,218.54
439
36
Michael A. Vespasino
Attorney Trust account for
T&G II LLC
331 Main St
Chatham, NJ 07928
2009
SBJ
$9,903.56
439
36
Michael A. Vespasino
Attorney Trust account for
T&G II LLC
331 Main St
Chatham, NJ 07928
2011
SBJ
2012
SBJ
The Irwin Law Firm
Attorney Trust Account F.B.O.
Hackensack VF,LLC
c/o Vorando
80 Main St Suite 410
West Orange, NJ 07052
2010
SBJ
$218,138.70
$108,012.22
500.01 2
McCarter & English LLP
For Principal Properties C/O Denholtz ASC
Four Gateway Center
100 Mulberry St
P.O. Box 652
Newark, NJ 07102
504.02
13.01
$996.08
505
1
Nowell Amoroso Klein Bierman P.A
For Carriage House Associates
155 Polifly Rd
Hackensack, NJ 07601
2008
SBJ
$1,052.13
505
1
Nowell Amoroso Klein Bierman P.A
For Carriage House Associates
155 Polifly Rd
Hackensack, NJ 07601
2009
SBJ
$448.76
505
2
Nowell Amoroso Klein Bierman P.A
For Carriage House Associates
155 Polifly Rd
Hackensack, NJ 07601
2008
SBJ
$18,194.01
505
2
Nowell Amoroso Klein Bierman P.A
For Carriage House Associates
155 Polifly Rd
Hackensack, NJ 07601
2009
SBJ
2007
SBJ
2008
SBJ
$1,387.03
511
17
$1,461.61
511
17
12/9/14
Archer & Greiner P.C.
For United Water
21 Main St Ste 353
Court Plaza South West Wing
Hackensack, NJ 0760
Archer & Greiner P.C.
For United Water
21 Main St Ste 353
Court Plaza South West Wing
Hackensack, NJ 0760
$1,543.86
511
17
Archer & Greiner P.C.
For United Water
21 Main St Ste 353
Court Plaza South West Wing
Hackensack, NJ 0760
2009
SBJ
$59.02
511
17
Archer & Greiner P.C.
For United Water
21 Main St Ste 353
Court Plaza South West Wing
Hackensack, NJ 0760
2011
SBJ
Archer & Greiner P.C.
For United Water
21 Main St Ste 353
Court Plaza South West Wing
Hackensack, NJ 0760
2012
SBJ
Archer & Greiner P.C.
For United Water
21 Main St Ste 353
Court Plaza South West Wing
Hackensack, NJ 0760
2013
SBJ
$990.40
511
17
$1,029.44
511
$4,069.55
511
19
Archer & Greiner P.C.
For United Water
21 Main St Ste 353
Court Plaza South West Wing
Hackensack, NJ 07601
$4,288.38
511
19
Archer & Greiner P.C.
For United Water
21 Main St Ste 353
Court Plaza South West Wing
Hackensack, NJ 07601
2008
SBJ
$4,529.68
511
19
Archer & Greiner P.C.
For United Water
21 Main St Ste 353
Court Plaza South West Wing
Hackensack, NJ 07601
2009
SBJ
$2,257.52
511
19
Archer & Greiner P.C.
For United Water
21 Main St Ste 353
Court Plaza South West Wing
Hackensack, NJ 07601
2011
SBJ
$5,694.80
511
19
Archer & Greiner P.C.
For United Water
21 Main St Ste 353
Court Plaza South West Wing
Hackensack, NJ 07601
2012
SBJ
$5,919.28
511
19
Archer & Greiner P.C.
For United Water
21 Main St Ste 353
Court Plaza South West Wing
Hackensack, NJ 07601
2013
SBJ
12/9/14
17
2007
SBJ
$19,219.42
511
22.01
Archer & Greiner P.C.
For United Water
21 Main St Ste 353
Court Plaza South West Wing
Hackensack, NJ 07601
2007
SBJ
$20,252.83
511
22.01
Archer & Greiner P.C.
For United Water
21 Main St Ste 353
Court Plaza South West Wing
Hackensack, NJ 07601
2008
SBJ
$21,392.47
511
22.01
Archer & Greiner P.C.
For United Water
21 Main St Ste 353
Court Plaza South West Wing
Hackensack, NJ 07601
2009
SBJ
$7,274.22
511
22.01
Archer & Greiner P.C.
For United Water
21 Main St Ste 353
Court Plaza South West Wing
Hackensack, NJ 07601
2011
SBJ
$18,848.55
511
22.01
Archer & Greiner P.C.
For United Water
21 Main St Ste 353
Court Plaza South West Wing
Hackensack, NJ 07601
2012
SBJ
$19,591.53
511
22.01
Archer & Greiner P.C.
For United Water
21 Main St Ste 353
Court Plaza South West Wing
Hackensack, NJ 07601
2013
SBJ
$514.91
237
2 C001A
Moshe, Gil
100 Prospect Ave Unit 2B
Hackensack, NJ 07601
$2,119.44
237
2.B C004G
Tyras, Emmy
301 Beech St Unit #4
Hackensack, NJ 07601
$102.98
352
104
$558.10
428
1C006E
$657.76
434
15 C004C
$1,255.72
505
26
12/9/14
2014
CBJ
2014
CBJ
Quicken Loans
For Delaney, Francis & Patricia
Attention: Escrow
635 Woodward Ave
Detroit MI 48226
2014
CBJ
Makhijanil, M & P
105 Irving Pl
Rutherford, NJ 07070
2014
CBJ
2014
CBJ
Donald Onorato, ESQ
2014
For Zisa, Frank & Christodoro, Jonathan
5 Atlantic St 2nd Floor
Hackensack, NJ 07601
CBJ
Olde School Title Services, LLC
For Muscarella, Michael
247 Franklin Ave
Nutley, NJ 07110
$431.86
$95,012.47
540
1 C00A4
Dhodi, A S
P.O. Box 4783
Clifton, NJ 07015
2014
CBJ
Multiple Block and Lots Corelogic Real Estate Tax Service 2014 See worksheet
See Worksheet
Attention: Tax Refunds
One Corelogic Dr
Mail Code: DFW 1-3
West Lake, TX 76262
TOTAL $873,449.14
Council
Member
Battaglia
Deputy
Mayor
Canestrino
Sims
Greenman
Mayor
Labrosse
Intro Second
X
Yes
X
No
Abstain Absent Excused
X
X
X
X
X
CITY OF HACKENSACK
RESOLUTION NO. 460-14
RESOLUTION URGING TRANSPORTATION TRUST FUND REAUTHORIZATION AND INCREASED
FUNDING FOR LOCAL TRANSPORTATION
WHEREAS, local officials know that investments in our rapidly deteriorating transportation
infrastructure must be made, since failure to do so can compromise the safety of the public, the
economic vitality of our communities and the security of our neighborhoods; and
WHEREAS, the New Jersey Department of Transportation (DOT) reports that New Jersey's
municipalities are responsible for 64 percent (28,539 center line road miles) of our roads, county
governments are responsible for another 22 percent (6,649 center line road miles), and together,
local governments are responsible for 39 percent of our bridges; and
WHEREAS, local roadways and bridges carry about 55 percent of all of New Jersey’s traffic; and
WHEREAS, just last year, the American Society of Civil Engineers reported that 651 of the 6,554
bridges in New Jersey (9.9%) are considered structurally deficient and 1,717 (26.2%) are considered
functionally obsolete, and that driving on roads in need of repair costs New Jersey motorists $3.476
billion a year in extra vehicle repairs and operating costs – $601 per motorist, and that 66% of New
Jersey’s roads are in poor or mediocre condition; and
WHEREAS, in the first year of the Transportation Trust Fund (FY 1985), Local Aid funding
represented almost 22 % of total Transportation Capital funding, but over the years, the Local Aid
portion was reduced to 16% in FY 1997, 12% in FY 2004, and 15% in FY 2013, so that the average
Local Aid funding over the first 29 years of the Transportation Trust Fund was just under 15%, and
WHEREAS, the need for investments in local roads and bridges has not decreased since 1985,
and no one has suggested that it will decrease in the future; and
WHEREAS, On May 1, New Jersey DOT then-Commissioner Jim Simpson announced that the
State’s Transportation Trust Fund is just 14 months away from a $620 million deficit; now, therefore,
BE IT RESOLVED, that the governing body of the City of Hackensack joins with the New Jersey
League of Municipalities in supporting the “Forward New Jersey” coalition, and we call on State
policy-makers to:
1. Reauthorize the Transportation Trust Fund to ensure adequate and reliable funding to meet
State and local transportation infrastructure funding needs for the next 10 years;
12/9/14
2 Increase Local Aid funding to ensure adequate and reliable funding to meet all local
transportation infrastructure needs; and
3. Increase the municipal share of Local Aid funding and ensure fair funding for all
municipalities; and
BE IT FURTHER RESOLVED, that given the extent of the local infrastructure, and given the need
for strong and steady investment in that infrastructure, we will call for assurances that Local Aid will
represent, at a minimum, 25% of annual Transportation Capital spending, and for adjustments in
funding, to account for the effects of inflation; and
NOW THEREFORE BE IT RESOLVED, that certified copies of this Resolution be forwarded to
Governor Chris Christie, Commissioner of the Department of Transportation Jamie Fox, our State
Senator Loretta L. Weinberg, our two representatives in the General Assembly Gordon M. Johnson and
Valerie Vainieri Huttle, and to the New Jersey League of Municipalities.
Council
Member
Battaglia
Deputy
Mayor
Canestrino
Sims
Greenman
Mayor
Labrosse
Intro Second
X
X
Yes
X
No
Abstain Absent Excused
X
X
X
X
CITY OF HACKENSACK
RESOLUTION NO. 461-14
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT FOR AN ADDITIONAL TAX APPEAL ATTORNEY
WHEREAS, it has become necessary for the City of Hackensack (“City”) to engage a professional
service provider as an additional tax appeal attorney; and
WHEREAS, the City of Hackensack desires to appoint the professional 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 a request for qualifications (“RFQ”) on the City’s
website and in official newspapers on October 22, 2014; and
WHEREAS, qualification statements were submitted by professionals to the City by November 5,
2014, at 10:00 a.m.; and
WHEREAS, the qualification statements were reviewed to determine which applicants qualified
by meeting 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, on November 10, 2014, qualified a certain professional service provider as
an additional tax appeal attorney; and
WHEREAS, the City wishes to enter into a contract for services with that provider.
NOW, THEREFORE, LET IT BE RESOLVED, by the Council of the City of Hackensack, that the City
finds it in its best interests to contract with Gittleman, Muhlstock & Chewcaskie, L.L.P., as an additional
tax appeal attorney; and
BE IT FURTHER RESOLVED, the contract will not exceed $50,000.00; and
BE IT FURTHER RESOLVED that the Chief Financial Officer has prepared and authorized a
Certification of Funds for the said contract assuring that there is a sufficient appropriation to fund the
purchases authorized in this resolution as an express and mandatory condition of the award of this
contract; and
12/9/14
BE IT FURTHER RESOLVED, that the City Manager is hereby authorized to execute a contract
with the above professional service provider; and
BE IT FURTHER RESOLVED that the Chief Financial Officer is authorized to process payment to
the above professional service providers pursuant to the contract upon receipt of properly completed
vouchers; and
BE IT FURTHER RESOLVED, that the City Clerk be and is hereby directed to retain a copy of the
contract for public inspection; and
BE IT FURTHER RESOLVED that the City Clerk shall advertise the award of this contract as
required by law.
Council
Member
Battaglia
Deputy
Mayor
Canestrino
Sims
Greenman
Mayor
Labrosse
Intro Second
X
X
Yes
X
No
Abstain Absent Excused
X
X
X
X
CITY OF HACKENSACK
RESOLUTION NO. 462-14
AUTHORIZATION FOR THE AWARD OF AN EMERGENCY CONTRACT
WHEREAS, the Mayor and Council of the City of Hackensack have been
advised that an emergency condition exists that affects the safety and welfare
of the citizens of the City of Hackensack when the boiler failed at the Fire
Department Headquarters at 205 State Street; and
WHEREAS, the Project Manager 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 these repairs is $61,140 which is a fair and
reasonable quotation; and
WHEREAS, the Chief Financial Officer has certified that funds are
available in current account 4-01-26-130-130-271.
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 a contract without benefit of public bidding in
emergency situations, that the vendor C.J. Vanderbeck & Son Inc., 240
Marshall St, Paterson, NJ 07503 be paid therefore.
12/9/14
Council
Member
Intro Second
Battaglia
Deputy
Mayor
Canestrino
Sims
Greenman
Mayor
Labrosse
Yes
No
Abstain Absent Excused
X
X
X
X
X
X
X
CITY OF HACKENSACK
RESOLUTION NO. 463-14
TRANSFER OF 2014 BUDGET APPROPRIATIONS
WHEREAS, various Year 2014 bills have been presented for payment
this year, which bills were not covered by Year 2014 Budget Appropriations;
and
WHEREAS, N.J.S.A. 40A:4-58 provides that amounts in excess of
appropriations over and above the amounts deemed to be necessary to fulfill
the purpose of such appropriations may be transferred to appropriations
deemed to be insufficient during the last two months of the year and the first
three months of the reserve year.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Hackensack that the transfers in the amount of $314,504 be made between the
Year 2014 Budget Appropriations as follows:
FROM
DEPARTMENT
4-01-23-210-210-200
4-01-26-300-300-200
4-01-26-305-307-200
4-01-31-455-455-200
Group Insurance
DPW - O/E
Sanitary Landfill – O/E
Sewer Treatment – O/E
$170,000
$30,000
$104,504
$10,000
Total
$314,504
TO
DEPARTMENT
4-01-23-215-215-200
4-01-26-130-130-200
4-01-26-290-291-200
4-01-31-435-435-200
Workers’ Compensation
Buildings / Grounds – O/E
Snow Removal – O/E
Street Lighting
$170,504
$50,000
$24,000
$70,000
Total
$314,504
Council
Member
Battaglia
Deputy
Mayor
Canestrino
Sims
Greenman
Mayor
Labrosse
Intro
Second
Yes
No
Abstain
Absent
Excused
X
X
X
X
X
X
X
CITY OF HACKENSACK
RESOLUTION NO. 464-14
12/9/14
RESOLUTION SETTING PARAMETERS FOR PUBLIC COMMENT DURING
CITY COUNCIL MEETINGS
WHEREAS, governing bodies of local government entities may reasonably regulate the time,
place, and manner of public speech in public meetings because they are limited public forums so long as
they are adopted for legitimate purposes and provide alternate means of communication;
WHEREAS, the Open Public Meetings Act does not limit the discretion of a public body to
regulate the active participation of the public at any meeting; and
WHEREAS, the City of Hackensack adopted an ordinance setting the procedure and required
decorum for public meetings; and
WHEREAS, the ordinance allows for reasonable regulation of the public comment portion of
every meeting as well as the required decorum of the Councilmembers, staff, and members of the public
during public meetings.
NOW, THEREFORE, LET IT BE RESOLVED, by the Council of the City of Hackensack, that the
following reasonable regulations shall apply to the public comment period and to the public’s
opportunity to be heard upon the second reading of an ordinance during regular and special public
meetings of the City Council:
1.
Each member of the public who wishes to address the City Council shall limit his or her
comments to five (5) minutes.
BE IT FURTHER RESOLVED, that this Resolution shall take effect upon the effective date of
Ordinance 44-2014.
BE IT FURTHER RESOLVED, that this Resolution shall remain in effect until superseded by
another valid resolution regulating the length of time individuals may speak during the public comment
portion of any meeting.
Council
Member
Battaglia
Deputy
Mayor
Canestrino
Sims
Greenman
Mayor
Labrosse
Intro Second
X
X
Yes
X
No
Abstain Absent Excused
X
X
X
X
CITY OF HACKENSACK
RESOLUTION NO. 465-14
RESOLUTION AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN
THE CITY OF HACKENSACK AND THE COUNTY OF BERGEN FOR THE
REALLOCATION OF EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE
GRANT (JAG) PROGRAM FUNDS
WHEREAS, City of Hackensack Resolution 208-14 authorized the City’s
application to the Edward Byrne Memorial Justice Assistance Grant (JAG)
Program in the amount of $12,267.00 for the purchase of law enforcement
audio and radar surveillance equipment; and
WHEREAS, the County of Bergen has been granted funds by the JAG
program and an Interlocal Agreement has been prepared to reallocate said
funds to the City of Hackensack; and
WHEREAS, said agreement requires the County of Bergen to allocate to
the City of Hackensack the amount of $12,267.00 from the JAG Award No.
2014-DJ-BX-0799 for the sole purpose of purchasing audio and radar
surveillance equipment.
12/9/14
NOW THEREFORE BE IT RESOLVED that the Mayor and City Clerk
shall execute all documents required for the application of this grant.
Council
Member
Battaglia
Deputy
Mayor
Canestrino
Sims
Greenman
Mayor
Labrosse
Intro Second
X
X
Yes
No
Abstain Absent Excused
X
X
X
X
X
CITY OF HACKENSACK
RESOLUTION NO. 466-14
RESOLUTION AUTHORIZING PAYMENT OF BILLS
BE IT RESOLVED by the City Council of the City of Hackensack that the bills
in the following accounts be and are hereby ordered paid:
Current Fund
Grants
Payroll
Public Parking System
Capital
Escrow
Trust Account
Total Expenditures
Interfunds/Transfers
$ 8,308,836.76
1,116.00
1,539,275.44
10,065.44
760,412.77
24,852.08
444,636.37
$11,089,194.86
$
95,024.28
A motion was made by Councilman Sims and seconded by Deputy
Mayor Kathleen Canestrino to open the meeting to the public.
Victor Sason- Euclid Ave- On the resolution regarding the record site is that
something the record requested? If the designation is made what does that
mean exactly? Mayor responds. They originally announced to develop the site
into apartments. Why is this move necessary? Any monetary benefits or tax
breaks. Mayor responds no tax breaks. City Manager responds to questions
and explains the redevelopment process. The increase in the parking meters
can someone get 20 cents worth of time for a quarter? Deputy Mayor responds
you can get 20 minutes for a quarter. The season is over now but I was
wondering if the council would consider banning leaf blowers on Saturdays and
Sundays if possible. Mayor responds we will discuss it. Thank you very much.
Lynn Hurowitz-Hackensack- Regarding the record site is that property now
leased to the county and what is the term? How does the planning board go
about investigating? City Manager responds. The question I have is you’re
going to designate the planner from the planning board to do that? Who is the
planner? Is there a time frame on this? City Manager responds regarding the
time frame. Thank you.
Kathleen Salvo- Hudson Street- The first part of Main Street the right side only
they deemed it in need of redevelopment. We spent a lot of money to do a
study. The council at that time just wanted to develop the right side which
started a big suit with Monahan. It’s still not developed. We did do this
redevelopment with the last council. Monahan is still mad at us.
12/9/14
F J Williams-New York City- I would like some information I would like to ask a
question to the City Manager I notice a lot of people at night are doing
renovating on their houses. What is the rule of thumb for that? I filed an OPRA
to see if they got a permit. On one particular OPRA what they’re doing is
costing 1100 dollars. When I did renovation on my house and I did the kitchen
I had to redo the whole house. I don’t understand the OPRA. When I go down to
appeal my taxes I can’t get a reduction in my taxes. Is there a rule of thumb? If
you change the windows in your bedroom it’s supposed to be large enough for
a fireman to get into. I don’t understand how they get away with it. The city
isn’t collecting the tax money. I am just curious. Mayor responds. Thank you
very much.
Earl Warden- Union Terrace - Last council meeting I came up and quoted some
factual numbers. There’s a saying, common sense is not a common thing. That
means a whole lot of people who might not like what’s happening don’t call
you. The last thing they do is call. A lot of people don’t get involved like that. It
doesn’t mean everything is ok. They just move on and do other things. I can
speak because I am an African American, they aren’t coming here. They are
scared to come here. They just go other places. It doesn’t matter because you’re
going to do what you want anyway. You guys aren’t out there amongst the
public. The real deal is if you could be a fly on the wall in a lot of common
places to hear what really goes on you would be like wow I didn’t know that.
It’s sad in the African American community as a whole how many of us are
gone. They feel their voice doesn’t matter anyway. Go check your numbers
because numbers don’t lie. I voted for this ticket Mr. Mayor because of you. I
couldn’t believe your response back to what I said, the people aren’t calling
you. Everything is suffering. This city is going backwards and I put my heart
into the city. I have given up so much time and money for these kids. You’re
damn right I am bitter, I was wrongfully removed from my position. I hope you
take a good look at what I said.
Alexis Palinkis -Prospect Ave- I have easy questions, I believe they are easy.
First one is, are these meetings being televised? I know you can go online. I had
asked about the police department having a place where you can drop off out
dated prescription drugs? The next thing is information, like Maywood I get a
lot of things usually you get it on your smart phone but I get it sent to my
email, I haven’t seen anything lately from Hackensack. Could we possibly get
more information for what’s going on? Talking about the record site are we still
asking people who develop on the river to put in the walkways? I am concerned
with the number of apartments being built everywhere, is there anything else
people are looking into other than rental apartments? Mayor responds to
comment. It’s the old CVS on every corner and then things close down. Months
ago we discussed repaving prospect from Passaic to Essex and you were
looking into funding for it. Mayor responds.
Daniel Corolla- West Lookout- The Nixel alert situation is a little strange. I got
the alert about burglary alerts but it’s just the website and Maywood over uses
it. Somewhere there has to be a happy medium. I would like to know what
affects my morning commute. Rubbish collection I had an issue. I put some
things out to the curb and they sat there for a few days and I called sanitation
and they said there were some equipment issues. I wanted to follow up with
that. Is it a temporary or permanent thing with the sanitation equipment? City
Manager responds. It was brought up about banning leaf blowers on the
weekend and I disagree with that, as a new home owner, that’s the only time I
can do it. There are leaves on the lawn you have to do what you have to do.
Regina DiPasqua- Parker Avenue- The rules of order don’t take effect until they
are published. The time limit I hope will be enforced fairly. You let someone go
over the limit last time and it has to be fair. You may not like what I have to
say but I have the right to say it anyway. I am concerned about the integrity
from some of the members of the council. There is a little back story a lot of
people might not know. I react to that and I have not forgotten it and I was
12/9/14
called not qualified. She has made other personal attacks on me publicly here
in this room. Mr. Scrivo I sent you an email and you never responded. When
she was saying what she was saying it was allowed to go on. She called me a
liar at a meeting and nothing happened. This is why I get upset. She came to
where I live personally and I should just take it. I asked for a vote of no
confidence and that has been ignored. She makes faces and comments. This
cannot continue. If I am sitting in the back and she’s looking at me you can’t
see her. Tell me what is going to be different and how will council members be
held responsible. I filed a police report, do I have to take action. What’s going to
be different? Mayor responds to questions. How are you going to control that
doesn’t happen again. I will keep you to your word on that.
Richard Salkin-Hackensack- I want to do this right. I have questions and I
want to do this right. I believe you indicated you recognized the appearance of
a conflict. City Attorney Thomas Scrivo replied. You know I review your bills
regularly. A couple of meetings ago I asked about a matter in the eastern
district court what was that about? Did the communication go out to the Local
Finance Board regarding what I believe is to be a conflict. Is it possible I can
get a copy of it? Finally when all that construction was going on and a
comment was made about the paving of Central Avenue is what is there now
the final product? City Manager and Mayor respond.
Jason Nunnermacker-Hackensack- I have an issue with your comments from
last meeting about putting the city meetings on the public channel. You
indicated the Board of Education is holding the city hostage. When it comes to
the schools and the kids we have been very cooperative on both sides. The
youth academy that is held every year, we let you use Nellie K. Parker School
and didn’t ask for any fees. I know for a fact the city allows us to use the Green
Space and they don’t charge us for that. The second SRO agreement I thought
went pretty smoothly and an agreement that was a win win for both of us.
When you used the term “mislead,” and “taking the city hostage,” I was a little
startled by that. I am sure in the heat of the moment we wish we could choose
our words better. I got a bunch of emails here where we are trying to help you.
You are familiar with CBA’s and I stood up and supported you. We forwarded
the city the copy of the CBA. I want to make everyone in this room perfectly
clear, we have no problem for you to use the box. Our technical person who
does it gave you a step by step process on what to do and when to do it.
However, there is a CBA and we are required to pay that employee for it, all we
asked was to be compensated for that.
Joe Boretto- I want to see if it’s possible on River Road, PSE&G a couple of
months ago ripped the street up and the job they did filling those holes was
horrific. My concern is if we get any little bit of ice the plows are going to hit it
and they’re going to be ripped up and now you’re going to have gaping holes
and you won’t be able to see them. My concern is for such a length they have
been out there for a couple of months. City Manager responds. But if its snow
or ice my concern is they are going to be huge holes. As we try to move forward
and rejuvenate our Main Street it is pretty ironic that there are so many rules
governing a business but our town is inundated with for rent signs and they
are very big. Is there a limit to that? I just noticed it the other day they stood
out. This looks like the town is up for sale. It cheapens it and it is everywhere.
It seems these signs just keep getting progressively bigger. Have a good evening
and a nice Christmas.
Paul Incalcaterra - Broadway – I have a question for you about street cleaning.
Is there a limitation that street cleaning is not done because of the weather?
Mayor responds. The reason why I ask is the last three weeks there has been
no street cleaning on my block. Maybe it has to do with leaves or something.
Maybe it has to do with Monday because it was icy. City Manager responds on
this. I had a meeting with Mr. Troast and he was very helpful and I look
forward to having some peace and quiet there. The last thing I want to say is
we always have the saying no news is good news, how often do people come up
12/9/14
here and say you guys say a great job. I always think good things should be
mentioned and I got to say I went to the Christmas tree lighting and that tree is
really nice. The DPW did it? I have to tell you coming up Main Street and seeing
that was great.
A motion was made by Deputy Mayor Canestrino and seconded by Councilman
Battaglia to close the meeting to the public.
Council Comments
Councilman Battaglia- Thank you for coming, goodnight.
Deputy Mayor Canestrino- I would like to talk about the rules of decorum. Our
intent is to turn these meetings into a civil discourse and enable productive
discussion. We have proven we do listen to you. There has been a number of
times we have postponed a vote or pulled a resolution because you guys have
brought up valuable information. We try to do as much research as we can but
we are not perfect. I know personally I appreciate that. If we need to look into it
we will. Please continue to do that. In no way is there any attempt to
discourage anything you wish to bring here. We looked at a lot of other towns
and their rules of decorum and ours is very similar to theirs. We also looked at
our Board of Education’s rules of decorum. Actually I am sad to hear you are
removing the word abusive. I think especially as a school we know now
especially in the schools the huge anti-bullying campaigns. I think that no one
not the public and not us no one should be treated in that fashion. We promise
we are here to be open and transparent. Let’s work together. We have lots of
problems in the town to solve. You’re not going to agree with us all the time.
Let’s do it in a civil manner and set good examples for our children. I am sorry
some of you are still unhappy. I think it is a good set of rules. I look forward to
nice civil and productive meetings in the future. Have a good night.
Councilman Sims- Thank you for coming out and we appreciate your feedback
and suggestions. This Saturday at the recreation center we are having our
children’s holiday party and next Friday is opening day for recreation
basketball. I hope you had a blessed thanksgiving. I checked the numbers with
Pat Ruggiero for kids registered this year and last year and we are not that far
off.
Councilwoman Greenman- I am glad to see we adopted the rules of order and
thank you Mrs. Salvo for noticing it. I also would like to thank Mr. Boretto for
noticing how unequally the timing and the rules were applied prior to this most
recent adoption and the personal attacks should not be allowed to go on. I
want to wish everyone who is celebrating a Happy Hanukkah and next meeting
I will wish everyone a Merry Christmas. Stay well.
Mayor Labrosse- Jason, first I want to apologize. I didn’t mean it in that
context. To be honest the papers you brought up I have never seen. My
reference goes back to the last council. There were some comments made about
paying the schools to do it. To address Mr. Warden, my comments to him,
nobody in this city from basketball has called and complained. I get complaints
from every sport other than basketball. Baseball for instance is half of what it
was. It is just the nature things go up and down. Things change I certainly am
not going to create a panic over one man’s comments. The rules of decorum I
don’t have to say much but our intent was to present it both ways in a more
civil manner. A lot of us bleed blue and gold in here. We will address Mr.
Corolla, those updates need to be done better. We will work on that with Mr.
Dib. I want to thank everyone for coming. We will be putting a menorah in city
hall. Thank you for coming tonight I appreciate it.
12/9/14
There being no further business the meeting was adjourned at 9:40 p.m.
Approved by Mayor and Council on February 12, 2015.
______________________________________
Mayor John P. Labrosse, Jr.
_______________________________________
Deputy Mayor Kathleen Canestrino
_____________________________________
Councilwoman Rose Greenman
_______________________________________
Councilman David Sims
_____________________________________
Councilman Leonardo Battaglia
_________________________________
Deborah Karlsson, City Clerk
12/9/14