Mrs. Heck Called the Roll

The Regular Meeting of the City Council of the City of Hackensack was held at City Hall, 65 Central Avenue, Hackensack, New Jersey, on Tuesday, June 21, 2011 at 7:05 p.m.

Mayor Sasso called the meeting to order and City Clerk, Debra Heck, stated: “In accordance with the Open Public Meetings Act, Chapter 231, Laws of 1975, adequate notice of this meeting was provided by sending a notice to The Record and the County Seat and by posting a copy on the Bulletin Board in City Hall.”

Mrs. Heck called the roll:

Present – Mayor Karen K. Sasso, Deputy Mayor Jorge E. Meneses, Councilman Michael R. Melfi, Councilman John P. Labrosse, Councilman Marlin G. Townes, City Attorney Joseph C. Zisa and City Manager Stephen Lo Iacono.

Mayor Sasso asked everyone to stand for the flag salute.

The regular order of business was suspended this evening for presentations. Mayor Sasso presented proclamations to Jerome Lombardo for all of his efforts with the Main Street Business Alliance and also to Fernando Garip and Michael Guerra for all of their efforts in volunteering.

A motion was made by Councilman Labrosse and seconded by Deputy Mayor Meneses to approve the minutes of the April 26, 2011, May 2, 2011, May 3, 2011 and May 17, 2011 meetings.

City Manager’s Report – Mr. Lo Iacono advised that last evening Mayor Sasso cut ribbons at two parks which have been rehabilitated in the last few months, the Union Street Park and the Esplanade Park. Mr. Lo Iacono said that work is continuing in Foschini Park and that he is happy to report that the City will be opening a recycling center within the next two weeks on Green Street on City owned property just off of Essex Street. The center will be open from 7:00 a.m. to 1:00 p.m. on Saturdays and all week. This gives residents another option on handling recycling and will help the curbside operation go a little easier. Mr. Lo Iacono also said that the cost of the containers, etc. has been paid with recycling grants.

Mr. Lo Iacono also said that the new edition of the Community Link will be in everyone’s homes within the next seven days and that it has news regarding the summer schedule of events and updates on the Main Street revitalization program and a wrap up on the budget. He also spoke about events scheduled for July 4th and said that the Tuesday night concert series will return. He further announced that on August 2, 2011 the concert will be held in conjunction with National Night out with the Police Department.

CARRIED NO. 205-11

OFFERED BY: SECONDED BY: ______

FINAL ADOPTION OF ORDINANCE NO. 12-2011, AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 170, SECTION 64, OF THE CODE OF THE CITY OF HACKENSACK ENTITLED “SCHEDULE XV: PROHIBITED TURNS AT INTERSECTIONS”

6/21/11 “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?

Motion offered by and seconded by that there be a public hearing.

PUBLIC HEARING -

Motion offered by and seconded by 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. 12-2011 entitled: AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 170, SECTION 64, OF THE CODE OF THE CITY OF HACKENSACK ENTITLED “SCHEDULE XV: PROHIBITED TURNS AT INTERSECTIONS” has passed its second and final reading and is hereby adopted.

Roll Call - Ayes:

**A motion was made by Councilman Melfi and seconded by Deputy Mayor Meneses to carry the resolution to July 19, 2011 at 7:00 p.m. as the City Manager has not yet received additional information regarding same.

NO. 206-11

OFFERED BY: MELFI SECONDED BY: LABROSSE ______

FINAL ADOPTION OF ORDINANCE NO. 13-2011, AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 170, SECTION 64, OF THE CODE OF THE CITY OF HACKENSACK ENTITLED “SCHEDULE XXI: PROHIBITED RIGHT TURNS ON RED”

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

Motion offered by Councilman Townes and seconded by Councilman Melfi that there be a public hearing.

PUBLIC HEARING - An anonymous person spoke and said that the City does not need this ordinance for the crossing guards up there and that traffic should be kept moving. He said that it is a distraction for drivers and that he has had it with signs.

Motion offered by Councilman Melfi and seconded by Deputy Mayor Meneses 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. 13-2011 entitled: AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 170, SECTION 64, OF THE CODE OF THE CITY OF HACKENSACK ENTITLED “SCHEDULE XXI: PROHIBITED RIGHT TURNS ON RED” has passed its second and final reading and is hereby adopted.

Roll Call - Ayes: Labrosse, Townes, Meneses, Melfi, Sasso

6/21/11 NO. 207-11

OFFERED BY: MENESES SECONDED BY: MELFI

INTRODUCTION OF ORDINANCE NO. 14-2011, AN ORDINANCE TO AMEND ORDINANCE 6-2011 TO CHANGE THE PERMITTED SCHEDULE FOR PARKING ON SUMMIT AVENUE BETWEEN CENTRAL AVENUE AND PASSAIC STREET

BE IT RESOLVED that the above ordinance, being Ordinance 14-2011 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 July 19, 2011 at 7:00 p.m. or as soon thereafter as the matter can be reached at the regular meeting place of the City Council and at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance and that the City Clerk be and she is hereby authorized and directed to publish said ordinance according to law with a notice of its introduction and passage on first reading and of the time and place when and where said ordinance will be further considered for final passage.

Roll Call: Ayes- Labrosse, Townes, Meneses, Melfi, Sasso

Mayor Sasso advised that in this docket tonight there is a very important resolution regarding a designation of an area in need of rehabilitation. She said that last July 1st she had made a promise that she wouldn’t let anything deter the moving along of this project. She briefly detailed the steps taken so far and assured that eminent domain is not a part of this plan. She indicated that DMR Architects has been working with Street Works to take steps to make the vision a reality and that it would be a mixed use area. She also said that this project is something that no one can do alone and thanked the Main Street Business Alliance, Al Dib, the City Manager, the Chairmen of the Zoning and Planning Boards, the Council, Councilman John Labrosse and Deputy Mayor Jorge Meneses.

NO. 208-11

OFFERED BY: LABROSSE SECONDED BY: MENESES ______

DESIGNATION OF AN AREA IN NEED OF REHABILITATION PURSUANT TO N.J.S.A. 40A:12A-14.

WHEREAS, the City of Hackensack is authorized pursuant to N.J.S.A. 40A:12A-14 to determine that a delineated area may be in need of rehabilitation if the City Council determines by resolution that there exist conditions that (1) a significant portion of the structures therein are in a deteriorated or substandard condition and there is a continuing pattern of vacancy, abandonment or underutilization of properties in the area, with a persistent arrearage of property tax payments thereon or (2) more than half of the housing stock in the delineated area is at least 50 years old, or a majority of the water and sewer infrastructure in the delineated area is at least 50 years old and is in need of repair or substantial maintenance; and (3) a program of rehabilitation as defined in N.J.S.A. 40A:12A-

6/21/11 3 may be expected to prevent further deterioration and promote the overall development of the community; and

WHEREAS, on March 1, 2011, the City Council adopted Resolution No. 112-11 which authorized an investigation into whether the city blocks and lots listed and marked in cross-hatch on the map entitled “Area in Need of Rehabilitation, City of Hackensack – New Jersey Delineation Map Study Area”, prepared by DMR Architects, dated January 18, 2011 and attached hereto and made a part hereof as Exhibit A, including the portions of the following right of ways that border upon and/or bind together the cross-hatched city blocks and lots:

Bergen County Place, Essex Street, State Street, New York Susquehanna / Western Railway, Union Street, Central Avenue, State Street, Ward Street, Union Street, Anderson Street, Pangborn Place, Clinton Place, Main Street, University Plaza Drive and River Street.

(hereinafter the “Study Area”) constitute an area in need of rehabilitation; and

WHEREAS, the Mayor and City Council have received and reviewed the report prepared by DMR and dated April 18, 2011 which is entitled “Area in Need of Rehabilitation Study” that is attached hereto and incorporated herein as Exhibit B (the “Investigation Report”) that supports a finding that certain areas of the City of Hackensack qualify as an area in need of rehabilitation because a majority of the storm water and sanitary sewer infrastructure in the delineated area is at least 50 years old and is in need of repair or substantial maintenance and a program of rehabilitation as defined in N.J.S.A. 40A:12A-3 may be expected to prevent further deterioration and promote the overall development of the community; and

WHEREAS, the City Council has provided the Planning Board with a copy of this resolution prior to its adoption as required by N.J.S.A. 40A:12A-14 and

Check Only One:

__X__ the Planning Board has within 45 days of receipt of the proposed resolution provided its recommendations regarding the proposed resolution, including any modifications which it may recommend to the City Council for consideration; or

_____ the Planning Board has not submitted a recommendation to the City Council within 45 days of receipt of the proposed resolution.

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

Check Only One That Applies:

__X__The City Council has received the recommendation of the Planning Board and does hereby accept the recommendation of the Planning Board dated June 8, 2011.

____ The City Council has received the recommendation of the Planning Board and does hereby reject the recommendation of the Planning Board dated ______for the following reasons______.

____ The City Council has not received the recommendation of the Planning Board and 45 days has elapsed since the Planning Board received the proposed form of resolution; and

6/21/11 BE IT FURTHER RESOLVED that the City Council adopts the findings and recommendations of the Investigation Report attached hereto and incorporated herein as Exhibit B; and

BE IT FURTHER RESOLVED that the City Council finds that a majority of the storm water and sanitary sewer infrastructure in the Study Area is at least 50 years old and is in need of repair or substantial maintenance and a program of rehabilitation as defined in N.J.S.A. 40A:12A-3 may be expected to prevent further deterioration and promote the overall development of the community; and

BE IT FURTHER RESOLVED that the City Council hereby declares that the Study Area described above and in the map attached hereto and incorporated herein as Exhibit A constitutes an area in need of rehabilitation that shall be known as the “Main Street Rehabilitation Area”; and

BE IT FURTHER RESOLVED that the City Manager and City Attorney are hereby directed to supervise the undertaking of a planning, engineering and legal analysis to develop a program of rehabilitation for the Main Street Rehabilitation Area, including the preparation of redevelopment plan for the Main Street Rehabilitation Area that complies with the requirements of N.J.S.A. 40A:12A-15; and

BE IT FURTHER RESOLVED that the City Clerk is hereby directed forthwith to transmit a copy of this resolution to the Commissioner of Community Affairs for review and approval within 30 calendar days of transmittal by the Clerk pursuant to the requirements of N.J.S.A. 40A:12A-14 and N.J.S.A. 40A:12A-7. This resolution shall be deemed approved by the Commissioner of Community Affairs if the Commissioner does not issue an approval or disapproval within 30 calendar days of transmittal by the City Clerk.

NO. 209-11

OFFERED BY: MELFI SECONDED BY: TOWNES ______

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 $6,085,859.10 Escrow 16,430.00 Grants 17,419.89 Payroll 414,533.85 Public Parking System 25,633.21 Capital 449,001.74 Trust Account 109,511.97

Roll Call: Labrosse, Townes, Meneses, Melfi, Sasso

6/21/11 The City Clerk announces that the following items are considered to be routine in nature and will be enacted in one motion; any items requiring expenditure are supported by a Certification of Availability of Funds; any item requiring discussion will be removed from the Consent Agenda; all Consent Agenda items will be reflected in full in the minutes including any exceptions and/or additions.”

NO. 210-11

OFFERED BY: MENESES SECONDED BY: LABROSSE ______

BE IT RESOLVED by the City Council of the City of Hackensack that the following liquor licenses be issued in the City of Hackensack, effective July 1, 2011 through June 30, 2012, applicants having complied with the ordinances of the City of Hackensack and any special conditions which may be determined by the City Council, and having paid the required fee:

0223-33-003-009 Donn Pomodoro II Inc. $1,500.00 70 Hackensack Avenue

0223-33-004-005 Palcan Inc. $1,500.00 160 Prospect Avenue

0223-33-006-001 Carvet, Inc. $1,500.00 250 Essex Street

0223-33-007-002 Charles & Paul Riviera Lounge, Inc. $1,500.00 308 – 310 Main Street

0223-33-008-008 Apple Food Service of Hackensack LLC $1,500.00 450 Hackensack Avenue

0223-33-009-011 JAG 77 LLC $ 1,500.00 77 Hudson Street

0223-32-010-011 Morton’s of Chicago/Hackensack LLC $1,500.00 274 Riverside Square

0223-33-012-003 Continental Hackensack, Inc. $1,500.00 407 Hackensack Avenue

0223-33-013-007 The Poitin Stil (BSPJ) $1,500.00 774 Main Street

0223-44-014-002 Wine Land, Inc. $ 1,125.00 410 River Street

0223-33-015-007 General Poors Tavern $1,500.00 45 Main Street

0223-44-016-003 R & C Delicatessen & Liquors (Parisi’s) $ 1,125.00 89 South State Street

0223-33-017-001 Majestic Lodge Elks 153 IBPOE of W $1,500.00 351 First Street

0223-33-018-001 Hackensack BPO Elks #658 $1,500.00 37 Linden Street

6/21/11 0223-44-019-006 Partik, LLC $1,125.00 463 Passaic Street

0223-33-020-004 The Chit Chat Diner (Konfra) $1,500.00 515 Essex Street

0223-33-021-002 Cubby’s Inc. $1,500.00 249 S. River Street

0223-44-023-005 Georges Liquors $1,125.00 130 Anderson Street

0223-44-025-004 HWK Marketing Inc. $1,125.00 387 Route 17 South

0223-33-026-004 Brooklyn’s Coal Burning Brick Oven Pizzeria $1,500.00 161 Hackensack Avenue

0223-33-028-010 Yusuwan Enterprises Inc. $1,500.00 261 Main Street

0223-44-030-005 Hackensack Liquor Inc. $1,125.00 159 Main Street

0223-33-031-004 Miss Lenora’s LLC $1,500.00 85 Johnson Avenue

0223-33-032-003 Lido Restaurant $1,500.00 701 Main Street

0223-44-033-004 Rojas Wines & Liquors $1,125.00 139 Hudson Street

0223-33-034-005 Club Aladdin Inc. $1,500.00 382 Main Street

0223-44-035-008 D.N. Patel (Deli Mart) $ 1,125.00 789 Main Street

0223-33-036-003 The Straphanger Saloon LLC $1,500.00 126 Anderson Street

0223-33-038-005 Bowler City Lounge Inc. $1,500.00 85 Midtown Bridge Approach

0223-33-040-007 Coach House Diner & Restaurant $1,500.00 Route 4 & Hackensack Avenue

0223-33-041-004 Hiliada Inc. $1,500.00 80 River Street

0223-44-042-008 Essex Street Liquors & Wines $1,125.00 214-216 Essex Street

0223-44-043-006 Western Beverages Corporation $1,125.00 80 South River Street

0223-33-044-005 Talty Michael(Lazy Lannigan) $1,500.00 604-606 Main Street

0223-33-045-006 Ichiban Inc. $1,500.00 414 Hackensack Avenue

6/21/11 0223-33-047-004 The Cheesecake Factory Restaurants Inc. $1,500.00 197 Riverside Square

0223-33-049-006 Houston’s Restaurant $1,500.00 One Riverside Square, #181

0223-33-050-008 PF Chang’s $1,500.00 One Riverside Square

0223-33-051-011 Hackensack Wings, LLC $1,500.00 41 Route 4 East

0223-33-052-003 Donnelly Restaurant Associates, Inc. $1,500.00 107-109 Anderson Street

0223-33-053-011 McCormick & Schmick’s LLC $1,500.00 175 Riverside Square

0223-44-056-006 BP Holdings LLC $1,125.00 337 Essex Street

0223-33-057-008 Roadhouse, Inc. (Green Olive) $1,500.00 455 Passaic Street

0223-33-058-001 Solaris Restaurant Inc. $1,500.00 61 River Street

0223-33-059-008 Mi Tierrita $1,500.00 252 Main Street

0223-33-060-007 Rosa Mexicano $1,500.00 Riverside Square

0223-33-061-002 Theva Foods Inc. $1,500.00 293 Polifly Road

0223-33-062-006 Green Grill $1,500.00 450 Hackensack Avenue

0223-33-063-009 Stony Hill Inn (J&B Rest. Assoc.) $1,500.00 231 Polifly Road

0223-33-064-002 Harley’s Irish Pub (Tri-Color Inc.) $1,500.00 366 River Street

0223-33-065-011 Maggiano’s Holding Corp. $1,500.00 390 Hackensack Ave.

0223-44-066-004 88 Capital Inc. $1,125.00 500 South River Street

0223-33-068-006 The Crows Nest (Corfu) $1,500.00 309 Vincent Avenue

0223-31-069-001 Craftmen’s Club of Mt Zion Lodge #50 $ 180.00 230 Passaic Street

0223-31-071-001 Hackensack Yacht Club Inc. $ 180.00 50 Shafer Place

6/21/11 0223-31-072-002 Hackensack Lodge 489 (Loyal Order of $ 180.00 Moose) 215 Charles Street

0223-31-073-001 Oritani Field Club $ 180.00 18 E. Camden Street

NO. 211-11

WHEREAS, pursuant to Local Public Contracts Law 40A:11-6.1 three quotations were received from J&T Metal Products Co., Inc., Cooper Tank and Omaha Standard, Inc. for (4) Four 20-Yard Waste Containers for the Recycling Center; and

WHEREAS, the Municipal Recycling Coordinator advised the Director of Purchasing that he had reviewed such quotations and found that J&T Metal Products, Co., Inc. is the lowest quotation for (4) Four 20-Yard Waste Containers for the Recycling Center; and

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the waste containers be purchased from J&T Metal Products, Co., Inc., 200 Lambert Avenue, Copiague, NY 11726-3207 for the total price of $14,600.00; and

BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that the funds will be available in Grant Accounts G-02-07-782-000-29N - $74.10, G-02-09-919-000-000 - $8,738.14 and G-02-10-918-000-000 - $5,787.16.

Roll Call – Ayes: Labrosse, Townes, Meneses, Melfi, Sasso

NO. 212-11

WHEREAS, the City of Hackensack has received change order #1 from Extel Communications, in the amount of $10,729.00 for additional changes to the phone systems upgrade city wide; and

WHEREAS, the total contract amount will increase $10,729.00; and

WHEREAS, the City Manager has reviewed this change order and has recommended that said change order be approved; and

WHEREAS, a certificate establishing that funds will be available in account #C-10-55-014-000-001 of the Capital Fund in the amount of $10,729.00 will be issued by the Chief Financial Officer.

6/21/11 NOW, THEREFORE, BE IT RESOLVED that change order #1 in the amount of $10,729.00 for the phone systems upgrade city wide goes to Extel Communications, 830 Belmont Avenue, North Haledon, NJ, 07508.

NO. 213-11

BE IT RESOLVED by the City Council of the City of Hackensack that the proper officers be and are hereby authorized to make the following refund for the reason stated:

$60.00 payment for a Hackensack Youth Basketball registration fee

Refund to: Mr. David Acosta 155 Hopper Street Hackensack, NJ 07601

NO. 214-11

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 LOT NAME YEAR REASON

$ 2,208.00 343 12A, C018C Wells Fargo Real Estate Tax Srv.LLC 2011 Dup. Pmt. 1,211.00 336 23, C183C Wells Fargo Real Estate Tax Srv.LLC 2011 “ “ 1,401.00 539 14, C003C “ “ “ “ “ “ “ 2011 “ “ 1,977.00 455.01 18 “ “ “ “ “ “ “ 2011 “ “ 13,517.26 28.01 23 Feinstein,Raiss,Kelin & Booker,LLC, Trust Account, Attorney for Albarelli Hackensack Assoc. 2008 SBJ 18,707.89 28.01 23 “ “ “ “ “ 2009 SBJ 24,318.29 28.01 23 “ “ “ “ “ 2010 SBJ 5,198.46 81 49 Bernard E. Malin, Esq, Attorney for Joseph Marrella 2008 SBJ 3,856.32 102 8 The Irwin Law Firm, P.A., Attorney For Crowne Barrington, Inc. 2009 SBJ 8,201.37 343 14 Waters, McPherson, McNeill, P.C. Attorneys for 17 Mercer Street Associates, LLC 2008 SBJ 8,939.74 303 14 “ “ “ “ “ 2009 SBJ 9,395.81 303 14 “ “ “ “ “ 2010 SBJ 1,505.65 314 9.01 Gittleman, Muhlstock & Chewcaskie, L.L.P., Attorney for 235 Main Street Realty Corp. 2008 SBJ 3,805.37 314 9.01 “ “ “ “ “ “ “ 2009 SBJ 3,999.50 314 9.01 “ “ “ “ “ “ “ 2010 SBJ 2,423.82 324 12.03 Bruce J. Stavitsky, Esq, Attorney for Teaneck Salomons, LLC 2007 SBJ 2,554.15 324 12.03 “ “ “ “ 2008 SBJ 2,697.87 324 12.03 “ “ “ “ 2009 SBJ 2,835.50 324 12.03 “ “ “ “ 2010 SBJ 20,272.22 429 32 Michael A. Vespasiano, Attorney

6/21/11 Trust Account for Riverside Asset Associates, LLC 2010 SBJ 4,200.29 420 13 Alan P. Spiniello, Attorney Trust Account, Attorney for Hackensack Real Estate Inc. 2008 SBJ 4,436.65 420 13 “ “ “ “ “ 2009 SBJ 4,662.98 420 13 “ “ “ “ “ 2010 SBJ 27,271.49 341 7.01 Carlet, Garrison, Klein & Zaretsky, L.L.P., Attorney for ERP Operating LP-EQR 2008 SBJ 62,303.52 341 7.01 “ “ “ “ “ 2009 SBJ 70,510.46 341 7.01 “ “ “ “ “ 2010 SBJ 35,846.12 341 7.02 Carlet, Garrison, Klein & Zaretsky, L.L.P., Attorney for Bart VII LLC 2008 SBJ 81,890.77 341 7.02 “ “ “ “ “ “ 2009 SBJ 92,680.01 341 7.02 “ “ “ “ “ “ 2010 SBJ 2,629.64 435 23 Gittleman, Mulstock & Chewcaskie, L.L.P. Attorney for Clarendon Passaic, Inc. 2008 SBJ 4,992.61 435 23 “ “ “ “ 2009 SBJ 5,247.31 435 23 “ “ “ “ 2010 SBJ 4,355.47 452 10 Gittleman, Mulstock & Chewcaskie, L.L.P. Attorney for Clarendon Passaic, Inc. 2008 SBJ 7,923.06 452 10 “ “ “ “ 2009 SBJ 8,327.26 452 10 “ “ “ “ 2010 SBJ 579.09 540 1,C00D1 Brach Eichler, L.L.C. and Grand Realty Associates 2007 SBJ 579.09 540 1,C00E4 “ “ “ “ 2007 SBJ 706.45 540 1,C00H2 “ “ “ “ 2007 SBJ 579.09 540 1,C00N5 “ “ “ “ 2007 SBJ 610.23 540 1,C00D1 Brach Eichler, L.L.C. and Grand Realty Associates 2008 SBJ 744.44 540 1,C00H2 “ “ “ “ 2008 SBJ 610.23 540 1,C00N5 “ “ “ “ 2008 SBJ 644.57 540 1,C00D1 Brach Eichler, L.L.C. and Grand Realty Associates 2009 SBJ 786.33 540 1,C00H2 “ “ “ “ 2009 SBJ 644.57 540 1,C00N5 “ “ “ “ 2009 SBJ

7,085.76 569 26 Feinstein,Raiss,Kelin & Booker,L.L.C. Trust Account, Attorney for A & K Associates, LLC 2008 SBJ 9,699.49 569 26 “ “ “ “ “ 2009 SBJ 12,522.31 569 26 “ “ “ “ “ 2010 SBJ

Roll Call - Ayes: Labrosse, Towne, Meneses, Melfi, Sasso

NO. 215-11

WHEREAS, on May 3, 2011, Resolution No. 185-11 was passed by the governing body of the City of Hackensack awarding an upgrade of the Exhaust Extraction System for two of the Fire Department locations to Clean Air Company, Inc., 28 New Brunswick Avenue, Fords, NJ, 08863; and

WHEREAS, the resolution reflected an incorrect grant budget number; and

WHEREAS, the correct grant budget number is G-02-11-909-000-000 and is changed from G-02-11-907-000-000.

NOW, THEREFORE, BE IT RESOLVED that Resolution No. 185-11 is hereby amended to reflect this correction.

6/21/11 Roll Call - Ayes: Labrosse, Townes, Meneses, Melfi, Sasso

NO. 216-11

WHEREAS, the governing body of the City of Hackensack has been advised that an emergency affecting the safety and welfare of the citizens of the City of Hackensack and the general public did occur and necessitated the Emergency Excavation/Repair to Sanitary Line; and

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

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

WHEREAS, the total cost of repair is $4,711.36, which was a fair and reasonable quotation; and

WHEREAS, the Chief Financial Officer has certified that funds are available in Current Account #1-01-26-311-311-204; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that pursuant to N.J.S.A. 40A:11-6 which authorizes the governing body to award contracts without benefit of public bidding in emergency situations and the vendor, Montana Construction, 80 Contant Avenue, Lodi, NJ, 07644 be paid therefore.

NO. 217-11

WHEREAS, the governing body of the City of Hackensack has been advised that an emergency affecting the safety and welfare of the citizens of the City of Hackensack and the general public did occur when a public works vehicle (#227) became inoperable; and

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

WHEREAS, the total cost of repair is $11,706.13, which was a fair and reasonable quotation; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that pursuant to N.J.S.A. 40A:11-6 which authorizes the governing body to award contracts without benefit of public bidding in emergency situations

6/21/11 and the vendor, American Hose & Hydraulic, 700 21st Avenue, Paterson, NJ, 07513 be paid therefore.

NO. 218-11

WHEREAS, the governing body of the City of Hackensack has been advised that an emergency affecting the safety and welfare of the citizens of the City of Hackensack and the general public did occur and necessitated the Emergency Demolition of 131-161 Linden Street; and

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

WHEREAS, the total cost of said demolition is $17,250.00, which was a fair and reasonable quotation; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that pursuant to N.J.S.A. 40A:11-6 which authorizes the governing body to award contracts without benefit of public bidding in emergency situations and the vendor, J. Fletcher Creamer & Sons, Inc., 101 East Broadway, Hackensack, NJ, 07601, be paid therefore.

NO. 219-11

WHEREAS, Maureen de la Bruyere, Clerk Typist, has requested a Leave of Absence without pay for twelve (12) weeks for personal medical reasons, under the Family Leave Act; and

WHEREAS, City Manager Stephen Lo Iacono has determined that this employee be granted a twelve (12) week Leave of Absence, from Wednesday, May 18, 2011 to Wednesday, August 10, 2011.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack, that Maureen de la Bruyere, Clerk Typist, be granted a twelve (12) week Leave of Absence, without pay, as requested; and

BE IT FURTHER RESOLVED that a certified copy of this Resolution is forwarded to the employee’s pension system by the Chief Financial Officer.

6/21/11 NO.220-11

WHEREAS, the Superintendent has notified the Director of Purchasing that the existing van #220 used by our Assistant Superintendent of the Department of Public Works is currently rendered inoperable and unsafe; and

WHEREAS, pursuant to Local Public Contracts Law 40A:11-6.1, three quotations were received from All-American Ford, Paramus Ford and Able Ford; and

WHEREAS, the Director of Purchasing reviewed such quotations and found that All-American Ford is the lowest quotation for a 2011 Ford E-350 SD Cargo Van with a 138” wheel base being specific in nature to the duties of our Assistant Superintendent of the Department of Public Works; and

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack award the purchase and delivery of one 2011 Ford E-350 SD Cargo Van with 138” wheel base to All-American Ford, 520 River Street, Hackensack, NJ, 07601; for the contract price of $20,988.00; and

BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds will be available in account C-04-55-V05-000-004 of the Capital Fund.

NO. 221-11

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 2011 in the sum of $59,073.18 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: 2011 Clean Communities in the amount of $59,073.18.

BE IT FURTHER RESOLVED that the like sum of $59,073.18 is hereby appropriated under the caption of:

6/21/11 General Appropriations: (a) Operations Excluded from CAPS State and Federal Programs Off-Set by Revenues: 2011 Clean Communities - Other Expenses

BE IT FURTHER RESOLVED, that the above is the result of funds from the State of New Jersey, Department of Environmental Protection in the amount of $59,073.18.

NO. 222-11

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 2011 in the sum of $58,394.05 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: 2011 Summer Food Program in the amount of $58,394.05.

BE IT FURTHER RESOLVED that the like sum of $58,394.05 is hereby appropriated under the caption of: General Appropriations: (b) Operations Excluded from CAPS State and Federal Programs Off-Set by Revenues: 2011 Summer Food Program -Other Expenses

BE IT FURTHER RESOLVED, that the above is the result of funds from the State of New Jersey, Department of Agriculture in the amount of $58,394.05.

NO. 223-11

6/21/11 WHEREAS, Khalli Brevard filed a lawsuit in the United States District Court against Ralph Cavallo, a police officer in the City of Hackensack; and

WHEREAS, this matter was tried in front of a jury in the Federal District Court of New Jersey; and

WHEREAS, a Judgment was entered in favor of the Plaintiff and against the Defendant, Police Officer Ralph Cavallo, in the amount of $5,000.00 with costs on Plaintiff’s claim; and

WHEREAS, the jury found that Defendant, Police Officer Ralph Cavallo, used excessive force when arresting the Plaintiff; and

WHEREAS, Defendant, Police Officer Ralph Cavallo, was on duty as a Hackensack police officer; and

WHEREAS, the arrest of the Plaintiff took place during Defendant, Police Officer Ralph Cavallo’s, tour of duty; and

WHEREAS, the Plaintiff’s attorney, Louis Zayas, Esq., requested legal fees from Defendant, Police Officer Ralph Cavallo, for the handling of this matter on behalf of Plaintiff, Khalli Brevard; and

WHEREAS, the Honorable Katherine S. Hayden, USDJ awarded a counsel fee to Louis Zayas, Esq. in the amount of $86,557.00; and

WHEREAS, the Mayor and City Council of the City of Hackensack, after careful consideration of all the facts in the case, deem it appropriate to pay the counsel fees of $86,557.00 and the Judgment of $5,000.00 on behalf of Defendant, Police Officer Ralph Cavallo.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the City of Hackensack shall pay the above-referenced fees and Judgment on behalf of Police Officer Ralph Cavallo.

NO. 224-11

WHEREAS, the City of Hackensack, through its Health Department is tasked, with the enforcement of sale of cigarettes to minors within the City of Hackensack; and

WHEREAS, the Health Department investigates retail establishments who sell cigarettes to the public; and

WHEREAS, the Health Department conducts random investigations of said retail establishments; and

WHEREAS, during these investigations, the Health Department discovered that the 7-11 Store, located at 290 S. Summit Avenue, sold cigarettes to minors; and

WHEREAS, a Hearing was conducted before the Honorable Anthony J. Sciuto, JSC, Ret., who served as the Hearing Officer; and

WHEREAS, at the conclusion of this Hearing, the Hearing Officer determined that the complaint against the 7-11 Store, located at 290 S. Summit Avenue, was true; and

WHEREAS, the Hearing Officer recommended a 14-day suspension: and

6/21/11 WHEREAS, the Mayor and Council, after careful deliberation, have decided that based on the totality of circumstances to recommend a monetary fine instead of a suspension: and

WHEREAS, the monetary fine agreed upon by the Mayor and Council is $3,000.00.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack hereby recommend that the State of New Jersey Department of the Treasury, Division of Taxation impose a fine of $3,000.00 on the 7-11 Store, located at 290 S. Summit Avenue for selling cigarettes to minors.

NO. 225-11

WHEREAS, the City of Hackensack, through its Health Department is tasked, with the enforcement of sale of cigarettes to minors within the City of Hackensack; and

WHEREAS, the Health Department investigates retail establishments who sell cigarettes to the public; and

WHEREAS, the Health Department conducts random investigations of said retail establishments; and

WHEREAS, during these investigations, the Health Department discovered that CVS Pharmacy Store No. 6076, located at 110 Main Street, sold cigarettes to minors; and

WHEREAS, a Hearing was conducted before the Honorable Anthony J. Sciuto, JSC, Ret., who served as the Hearing Officer; and

WHEREAS, at the conclusion of this Hearing, the Hearing Officer determined that the complaint against CVS Pharmacy Store No. 6076, located at 110 Main Street, was true; and

WHEREAS, the Hearing Officer recommended a 45-day suspension with the further recommendation that CVS Pharmacy Store No. 6076, located at 110 Main Street, purchase an identification scanning device; and

WHEREAS, the Hearing Officer further recommended that CVS Pharmacy Store No. 6076, located at 110 Main Street, advise the City’s Health Department of the educational programs and the number of programs that they will present to their employees on an annual basis; and

WHEREAS, the Hearing Officer further recommended that a pharmacist from CVS Pharmacy Store No. 6076, located at 110 Main Street, participate in school and municipal educational programs for its youth, and

WHEREAS, the Mayor and Council, after careful deliberation, have decided that based on the totality of circumstances to recommend a monetary fine instead of a suspension: and

WHEREAS, the monetary fine agreed upon by the Mayor and Council is $4,500.00.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack hereby recommend that the State of New Jersey Department of the Treasury, Division of Taxation impose a fine of $4,500.00; that the CVS Pharmacy Store

6/21/11 purchase an identification scanning device for its’ store located at 110 Main Street, Hackensack, NJ; that the CVS Pharmacy Store No. 6076, shall advise the City’s Health Department of the educational programs and the number of programs that they will present to their employees on an annual basis; and, lastly, one of the pharmacists from CVS Pharmacy Store No. 6076, shall participate in school and municipal educational programs for its youth.

NO. 226-11

WHEREAS, there exists in the City of Hackensack a need for the services of a Special Litigation Attorney for the City of Hackensack; and

WHEREAS, such professional services will be rendered or performed by a person authorized by law to practice a recognized profession pursuant to N.J.S.A.19:44A-20.4, 20.5, et seq.; and

WHEREAS, pursuant to the Fair and Open Process Rule, N.J.S.A. 19:44A-20.4, et seq., advertisements for proposals were published on the City of Hackensack’s Web Site, and received and reviewed for the aforementioned professional services which anticipated cost will be over $17,500 per year.

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

(l) The Mayor and Council of the City of Hackensack, through the City Manager, are hereby authorized and directed to retain the services of Raymond Wiss, Esq., 345 Kinderkamack Road, Westwood, New Jersey 07675, to perform the position as Special Litigation Attorney for the City of Hackensack.

(2) This contract is awarded pursuant to a fair and open process.

BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to retain a copy of the contract for public inspection.

NO. 227-11

WHEREAS, there exists in the City of Hackensack a need for the services of a Special Litigation Attorney for the City of Hackensack; and

WHEREAS, such professional services will be rendered or performed by a person authorized by law to practice a recognized profession pursuant to N.J.S.A.19:44A-20.4, 20.5, et seq.; and

WHEREAS, pursuant to the Fair and Open Process Rule, N.J.S.A. 19:44A-20.4, et seq., advertisements for proposals were published on the City of Hackensack’s Web Site, and received and reviewed for the aforementioned professional services which anticipated cost will be over $17,500 per year.

6/21/11 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that:

(l) The Mayor and Council of the City of Hackensack, through the City Manager, are hereby authorized and directed to retain the services of Wendy Wiebalk, Esq., 34 Mountain Boulevard, Building A, PO Box 4922, Warren, New Jersey 07059, to perform the position as Special Litigation Attorney for the City of Hackensack.

(2) This contract is awarded pursuant to a fair and open process.

BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to retain a copy of the contract for public inspection.

NO. 228-11

WHEREAS, pursuant to an advertisement on May 9, 2011, proposals were received on June 9, 2011 for Shade Tree Supply and Plant of twenty (20) trees on the streets of the City of Hackensack; and

WHEREAS, four bids were received from Ascape Landscape, D’Onofrio & Son, Inc., N. Matera & Sons, LLC and Downes Tree Services; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the contract for Shade Tree Supply and Plant of twenty (20) trees be awarded to D’Onofrio & Sons, Inc., 433 Hillside Avenue, Hillside, NJ 07205 at the contract price of $5,783.75; and

BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds will be available in the current account, 1-01-26-313-313-265.

NO. 229-11

WHEREAS, pursuant to Local Public Contracts Law 40A:11-6.1, an advertisement was placed for ETicketing for the Police Department and one quotation was received on June 9, 2011 from GTBM, INC.; and

WHEREAS, the Director of Purchasing reviewed such quotation and found that the GTBM, Inc. quotation for ETicketing is reasonable and satisfactory; and

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that they award the contract for five years to GTBM, Inc., 351 Paterson Avenue, East Rutherford, NJ, 07073, the five year average based on 34,883 tickets at the contract price per ticket of 0.87 cents/each and exceeding ticket price over 34,883 tickets be 0.67 cents/each; and

6/21/11 BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds will be available in the current account for each of the five years.

NO. 230-11

WHEREAS, pursuant to an advertisement in The Record, bids were received for the ADA Upgrade at 102 State Street; and

WHEREAS, eight bids were received from Kaycon General Contractors, Inc., Innovational Construction, One Key LLC Construction, ML, Inc., Catcord Construction Co., Salazar & Associates, DiCarolis Associates, Inc. and TM Brennan Contractors; and

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack award the bid for ADA Upgrades at 102 State Street to Kaycon General Contractors, Inc., 75 Voorhis Lane, Hackensack, New Jersey, 07601; for the contract price of $384,000.00 and alternate of $24,000.00; and

BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds will be available in account C-04-11-009-000-001 of the Capital Fund.

NO. 231-11

WHEREAS, certain Federal funds are potentially available to the County of Bergen under Title I of the Housing and Community Development Act of 1974, as amended, and the HOME Investment Partnership Act of 1990, as amended; and

WHEREAS, the current Interlocal Services Agreement contains an automatic renewal clause to expedite the notification of the inclusion process; and

WHEREAS, by July 8, 2011, each municipality must notify the Bergen County Division of Community Development of its intent to continue as a participant in the Urban County entitlement programs noted above; and

WHEREAS, it is in the best interest of the Mayor and Council of the City of Hackensack and its residents to participate in said programs; and

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack hereby notifies the Bergen County Division of Community Development of its decision to be included as a participant municipality in the Urban County entitlement programs being the Community Development Block Grant Program and the HOME Investment Partnership Act Program for the Program Years 2012, 2013, 2014 (July 1, 2012 – June 30, 2015); and

6/21/11 BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Bergen County Division of Community Development no later than July 8, 2011.

NO. 232-11

WHEREAS, N.J.S.A. 54:5-19 authorizes the Tax Collector to conduct an annual Tax Lien Sale for unpaid municipal real estate taxes or other municipal charges remaining unpaid from the prior calendar year; and

WHEREAS, the properties known as Block 232 Lot 9 assessed to Second Street Services at 60 Second Street and Block 407 Lot 34 assessed to BCC formerly owned by Bergen County, are claiming full exemption from municipal property taxes, and

WHEREAS, these claims, although challenged by the City of Hackensack, have been pending in the Tax Court for some time; and

WHEREAS, in light of these circumstances, it is both unnecessary and inappropriate to expose such property for Tax Lien Sale.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the Tax Collector is hereby authorized and directed to remove said property from the 2011 Tax Sale List.

NO. 233-11

WHEREAS, the Governing Body of the City of Hackensack, County of

Bergen and State of New Jersey petitioned the Council on Affordable Housing

(COAH) for substantive certification; and

WHEREAS, P.L.2008, c.46 Section 8 (C. 52:27D-329.2) and the

Statewide Non-Residential Development Fee Act (C.40:55D-8.1 through 8.7), permits municipalities that are under the jurisdiction of COAH or of a court of competent jurisdiction and that have a COAH-approved spending plan to impose and retain fees on residential and non-residential development; and

6/21/11 WHEREAS, subject to P.L.2008, c.46 Section 8 (C. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act (C. 40:55D-8.1) through

8.7), N.J.A.C. 5:97-8.3 permits a municipality to prepare and submit a

Development Fee Ordinance and an Affordable Housing Ordinance for review and approval by the Council on Affordable Housing (COAH) that is accompanied by and includes the following:

1. A description of the types of developments that will be subject to fees per N.J.A.C. 5:97-8.3(c) and (d);

2. A description of the types of developments that are exempted per N.J.A.C. 5:97- 8.3(e);

3. A description of the amount and nature of the fees imposed per N.J.A.C. 5:97-8.3(c) and (d);

4. A description of collection procedures per N.J.A.C. 5:97-8.3(f);

5. A description of development fee appeals per N.J.A.C. 5:97-8.3(g); and

6. A provision authorizing COAH to direct trust funds in case of non-compliance per N.J.A.C. 5:97-8.3(h).

WHEREAS, the City’s Development Fee Ordinance establishes an

Affordable Housing Trust Fund that includes development fees, payments

from developers in lieu of constructing affordable units on-site, barrier-free

escrow funds, repayments from affordable housing program loans, recapture

funds, and proceeds from the sale of affordable units; and

WHEREAS, N.J.A.C. 5:97-8.1(d) requires a municipality with an

Affordable Housing Trust Fund to receive approval of a spending plan from

COAH prior to spending any of the funds in its housing trust fund; and

WHEREAS, N.J.A.C. 5:07-8.10 requires a spending plan to include a projection of anticipated revenues, as well as a series of schedules and programs; and

WHEREAS, the City of Hackensack has prepared a spending plan consistent with N.J.A.C. 5:97-8.10 and P.L. 2008, c.46; and

6/21/11 WHEREAS, the City of Hackensack has prepared an Affordable Housing

Trust Fund Spending Plan consistent with COAH’s Regulations at N.J.A.C.

5:97-8 and in accordance with P.L.2008, c.46, Sections 8 (C. 52:27D-329.2)

and 32-38 (C. 40:55D-8.1 through 8.7).

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the City

of Hackensack, County of Bergen and State of New Jersey requests that

COAH review and approve the City of Hackensack’s Affordable Housing

Trust Fund Spending Plan.

Roll Call – Ayes – Labrosse, Townes, Meneses, Melfi, Sasso

NO. 234-11

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

RA: 1966 Hackensack University Medical Center RA: 1967 Holy Trinity RC Church

NO. 235-11

WHEREAS, Ford Motor Credit Company, One American Road – MD 7500, Dearborn, Michigan, 48126, has been awarded the New Jersey State Contract Bid #69761 distributing vehicles through Warnock Fleet, P.O. Box 524, 175 Route 10, East Hanover, New Jersey, 07936; and

WHEREAS, the City of Hackensack wishes to lease four (4) 2011 Dodge Charger V6 Police Package (Cranford Contract 101 item #8), featuring Dodge Charger Optional Equipment and also featuring Emergency Aftermarket Equipment Packages 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 total annual lease payment for the four vehicles is $45,525.35; and

WHEREAS, the Acting Officer in Charge of the Police Department recommends and the Director of Purchasing agrees that the utilization of the

6/21/11 contract represents the best price available and is in the best interest of the City of Hackensack.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack authorizes the execution of a lease of four new 2011 Dodge Chargers V6 Police Package (Cranford Contract 101 #8) for the Police Department from Ford Motor Credit Company; and

BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds will be available from accounts 1-01-25-240-240-261, 2-01-25-240- 240-261 and 3-01-25-240-240-261.

NO. 236-11

WHEREAS, the City of Hackensack is the owner of the following properties: Block 432, Lot 27.03, Block 508, Lot 1 and Block 515, Lot 8 which were obtained through the foreclosure process in 2007 from municipal liens and are tax exempt; and

WHEREAS, during the recent conversion to the Edmunds system, the three aforementioned properties are showing an erroneous balance in the interest column; and

WHEREAS, in order to properly adjust the records of the Tax Collector, a resolution is needed.

NOW, THEREFORE, BE IT RESOLVED, that the Tax Collector is authorized to make the following adjustments as is necessary to correct the City tax rolls:

Block Lot Amount of Interest

432 27.03 $ 10.31 508 1 311.64 515 8 7.10

NO. 237-11

WHEREAS, the Tax Collector has determined that the Tax Lien Holder, Mario Valente and Pam Investors, have foreclosed on Block 429 Lot 12, 80 Vanderbeck Place, filed in Superior Court of NJ on January 21, 1999, Docket Number F-14097-97; and

WHEREAS, the Tax Liens are showing as open and not redeemed on the records of the Tax Collector.

6/21/11 NOW, THEREFORE BE IT RESOLVED that the Tax Collector be and is hereby permitted to cancel the Tax Lien Certificates as follows:

Certificate 94-71 Mario Valente $ 9,076.21 Certificate 95-69 Mario Valente $ 9,946.93 Certificate 96-58 Pam Investors $18,835.58 Certificate 97-75 Mario Valente $20,675.35 Certificate 93-124 Mario Valente $ 6,732.71

NO. 238-11

WHEREAS, the City of Hackensack desires to apply for and obtain a loan from the New Jersey Department of Community Affairs for approximately $20,000 to carry out a project to demolish an unsafe structure located 161-169 Linden Street, Hackensack, New Jersey, known as Lot 1, Block 508.

BE IT THEREFORE RESOLVED that the City of Hackensack does hereby authorize the application for such a loan; and, upon receipt of the loan agreement from the New Jersey Department of Community Affairs, does further authorize the execution of the agreement; and also, upon receipt of the fully executed agreement from the Department, does further authorize the expenditure of funds pursuant to the terms of said agreement between the City of Hackensack and the New Jersey Department of Community Affairs.

BE IT FURTHER RESOLVED that the persons whose names, titles and signatures appear below are authorized to sign the application, the agreement, and any other documents in connection therewith:

______Stephen Lo Iacono, City Manager

NO. 239-11

WHEREAS, the City of Hackensack is submitting an application for the 2011 Byrne Justice Assistance Grant which involves grant funding for specific law enforcement equipment; and

WHEREAS, the City of Hackensack will submit a single application for eligible equipment.

NOW THEREFORE BE IT RESOLVED that the Mayor and City Clerk shall execute all documents required for the application of this Grant.

6/21/11 Roll Call - Ayes: Labrosse, Townes, Meneses, Melfi, Sasso

NO. 240-11

BE IT RESOLVED by the City Council of the City of Hackensack that Dean Mattalian is hereby appointed Constable for the City of Hackensack, for a three year term; effective June 21, 2011; and

BE IT FURTHER RESOLVED that the duties/activities are limited to those City related activities as directed by the City Manager.

NO. 241-11

OFFERED BY: MENESES SECONDED BY: LABROSSE

BE IT RESOLVED, by the City Council of the City of Hackensack that John Flannigan be and is hereby appointed as a member of the Bergen County Community Development Committee on behalf of the Mayor and City Council for a one year term, effective June 1, 2011 through June 1, 2012; and

BE IT FURTHER RESOLVED, that Stephen Lo Iacono be and is hereby appointed to serve as his alternate during the one year term.

Roll Call: Ayes – Labrosse, Townes, Meneses, Melfi, Sasso

NO. 242-11

OFFERED BY: MENESES SECONDED BY: LABROSSE

BE IT RESOLVED that United Water New Jersey, Inc. is hereby requested to erect one fire hydrant at 300 Prospect Avenue, Hackensack, New Jersey, 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.

Roll Call: Ayes – Labrosse, Townes, Meneses, Melfi, Sasso

A motion was made by Councilman Melfi and seconded by Councilman Labrosse to open the meeting to the public but that first the public should speak about the resolution for rehabilitation.

Jerry Lombardo said that this is a significant moment and also that decisions being made in support of down town do not come lightly or without the input of the district and the community at large. He also commended the Council for taking these steps and for moving forward. Mr. Lombardo further said that this step opens up a number of areas including federal funding.

Eric Anderson said that he is a property owner and board member on the Alliance and thanked the Council for their support.

6/21/11 Kathy Salvo asked hadn’t the City tried this four or five years ago and Mayor Sasso responded that there would be no eminent domain in this plan. Mrs. Salvo said that this has been all political in the past.

Emil Canestrino, asked if the people that will be affected by this process are agreeable. Mr. Zisa said that the Council is not forcing anyone to do anything and Mr. Lo Iacono said that this is an early step and that there isn’t even a plan yet. He said that there has been no formal notification but that open meetings were held. He also said that this would be giving everyone an opportunity to rehabilitate their property and that with the change of codes their property will become more valuable. Mr. Canestrino said that he is not trying to discourage this. Mr. Zisa said that there has been no negative feedback and that the City is trying to address all problems. Mayor Sasso said that the City is following the process carefully.

Mr. Puntasecca, 120 Meadow Street, said that he saw the building department inspectors at 30 Van Wettering and that Deputy Mayor Meneses was also there and said that we have to let this man make a living and that we could find something wrong with your house too. Mr. Puntasecca said that since that point the man with the garage has had a free hand and that this business shouldn’t be next to the church. He accused the City of going to bat for the person running the garage and not the taxpayer. He said that he had received a letter in the mail to paint his steps and that he asked one of the building inspectors to come to his house but that no one has called still. Mayor Sasso asked Mr. Lo Iacono to check with the building department to check on the phone call. Deputy Mayor Meneses said that he is not protecting anyone and that he has been asking everyone to find out what is wrong with that shop.

Kathy Canestrino, 37 Brook Street, said that she has been able to watch the Board of Education meetings on tv and said that she hopes that soon we can to the same thing with council meetings. She asked if we had made any progress regarding same and also said that on Brook Street there have been coyotes and that she had contacted the County who said that this is their natural habitat. She asked if the City could do something before something happens. Mr. Zisa said that he will look into this and Mrs. Canestrino said that there have been coyotes out in the street in Maywood too. Mr. Lo Iacono said that the issue should be handled by the Health Department. Mrs. Canestrino also said that some appeals have already started with reference to police officers who were suspended without pay and asked if the City is maintaining funds if we have to pay back some of these dollars. She further asked about the appointment of two special attorneys and Mr. Zisa said that both attorneys had been appointed in other areas but that this involves one of our employees and that Mr. Bernstein is not the labor attorney. He also said that Wendy Wiebalk, Esq. is from Mr. Bernstein’s office but is not serving as labor counsel. He said that the City is wrapping up any personnel matters with Mr. Bernstein but is not giving new cases. Mr. Lo Iacono said that he has been looking for the best option to get these meetings on cable tv and that he will have information shortly. Mrs. Canestrino asked why it can’t be done the way the school is doing it.

Debbie Labrosse, 18 Brook Street, asked about the tabled resolution for a left hand turn on Polifly Road and Mr. Lo Iacono said that the County is doing this study. Mrs. Labrosse said that she had been under the impression that the Police Department was doing the study and Mr. Lo Iacono said that the County has agreed to do this because it is a county road. He said that the original recommendation was that if you had it on Kaplan you also need it on Kaplan and Parker. Mrs. Labrosse said that Ms. DiPasqua had requested a copy of the memo from the Traffic Division but that she had not received it and Mr. Lo Iacono said that he sent it to her himself. Mrs. Labrosse said that she had called the safety officer in her school regarding this and submitted another drawing asking the Council to make a decision in the best interest of the kids. She also reiterated what Mrs. Canestrino had said about coyotes in the area as she has heard them howling.

6/21/11 Kathleen Salvo said that she is glad that Mr. Meneses came to visit the first ward as it is a disaster with newspapers all over the place. She also said that property maintenance does not exist in the area and that there are those who people know and those who people don’t know. She said that there are two people sitting in the police “depot” talking to each other while things were going on within twenty feet of them talking and asked how that is protecting the area. She said that the police go away on Friday and come back on Monday and that more police presence is needed. She also said that someone took a dump on her property and that garbage needs to be collected twice a week in the first ward as the summer is unreal. She said that the street sweeper is a disaster and that the City is in need of a new one.

Nancy Lesmes and Raquel Rivera, 8 Bridge Street, Apartment 1B, spoke about landlord-tenant issues and Mr. Zisa said that this is not something that the City can get involved in. He said that his suggestion would be to seek legal advice.

Mark Johnson, Summit Avenue, said that at the last council meeting he said that a tree in front of his house had been removed and that subsequently Ms. Kaminsky and Tony Seidita visited him and a new tree was planted. He said that he was pleased that a tree made it into the ground and also said that it would be great if these meetings were televised so that other people who cannot attend can see the meetings.

A motion was made by Councilman Melfi and seconded by Councilman Townes to close the public portion of the meeting.

Deputy Mayor Meneses said that he would take a look at the area around Lafayette and Hudson.

Councilman Townes congratulated Mayor Sasso on her year of service as Mayor and said that the commitment for the Mayor’s seat is very extensive.

Councilman Labrosse commended Jerry Lombardo and the Alliance and said that it is great to see this happening and to see a vision. He also commended Mr. Guerra and Mr. Garip. Pertaining to the coyote issue, Councilman Labrosse said that it is getting out of hand and that whenever fire trucks drive by the baby coyotes howl when they hear the sirens.

Mr. Zisa thanked Mr. Dib for all of his research and said that the Mayor had held his feet to the fire all year.

Mr. Lo Iacono said that he has a difficult time sitting and silently watching our police department and property maintenance people continually be criticized by one person.

Mayor Sasso said that last week the funeral for former Mayor Frank Zisa was held and that she had asked Mr. Lo Iacono to commend everyone involved and also said that the City was well represented by our employees and H-COPS.

Mayor Sasso also thanked everyone here and also her support group and said that she looks forward to the next two years and the things that the Council continues to accomplish together.

A motion was made by Councilman Melfi and seconded by Councilman Labrosse to adjourn the meeting at 8:30 p.m.

______Mayor Karen K. Sasso

6/21/11 ______Deputy Mayor Jorge E. Meneses

______Councilman Michael R. Melfi

______Councilman Marlin G. Townes

______Councilman John P. Labrosse

______Debra Heck, City Clerk

6/21/11