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The Regular Meeting of the City Council of the City of Hackensack was held at City Hall, 65 Central Avenue, Hackensack, New Jersey, on Tuesday, March 10, 2015 at 8:07pm.

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 Sims and Councilwoman Greenman are present. City Manager David Troast, and City Attorney Thomas Scrivo are in attendance.

Flag Salute

Proclamations

None

Approval of Minutes

A motion to approve the Regular and C.O.W. Meeting Minutes from February 12, 2015 (rescheduled from January 26th and 27th and then from February 1st) was offered by Councilman Sims and seconded by Deputy Mayor Canestrino. The minutes were approved by all five Councilmembers.

City Manager’s Report – David R. Troast

Millennium Strategies have submitted grant applications for police overtime through Distracted Drivers Grant, Lowes Grant, Community Park Grant, NJTPA Grant, Highway Safety Grant, NJDEP Hazardous Discharge Site Remediation Fund Grant, and two FEMA Grants.

Also, in the packets there should be summary of grants received in 2014, which I believe was more than $300,000 with the help of Millennium Strategies.

July 4th is the Infernos, July 14th is the Duprees, July 21st is Smooth, July 28th is the Time Machine, and August 4th is the Filet of Soul.

Review of 2014 and Outline of 2015 Budget was presented with a slideshow presentation.

The Mayor and Council commented on the presentation:

Councilman Battaglia: Thank you Dave and Jim for all your hard work. The numbers look really, really good.

Deputy Mayor Canestrino: Thank you David, Jim, and all Department Heads for digging deep and working as a team to get the budget as lean and mean as we can. As explained, keep in mind that the tax appeals for 2015 will cost $1.5 million, health and general insurance will cost $900,000, and the Pension and Social Security will cost an increase of $400,000. These three factors make up $2.8 million of the

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$2.9 million in increases. The remainder increase was kept very low. Everyone should be very proud.

Councilman Sims: David and Jim, good job. Just one question; what was the library’s budget last year?

Mr. Mangin, CFO: The Library’s budget last year was $2,717,000. I believe this year it is $2,770,000. It is about a $5.3 million increase.

Councilwoman Greenman: Great job to Mr. Troast, the staff, Mr. Mangin, and Department Heads. You did a great job under difficult circumstances. I salute all the departments who took a 10% cut. I am glad you are making sure we don’t overspend on salaries. Everyone is doing their job. Unfortunately we cannot keep going to the tax payers and keep asking them for more money. I would like to ask about the average increase estimate of $155.99. Is that just municipal increase? Are we expecting another 40-50 percent increase from the school?

Mr. Mangin, CFO: Hackensack is a different municipality. The municipal portion of the tax bill is usually the largest. Usually it is the school. We will not know the entire tax increase until and the schools and the County finish their budgets. The figure is only reflective of the Municipal increase.

Mayor Labrosse: Thank you Finance Board, David, Jim, and to all the Department Heads who took the 10% cut. Besides the three things Deputy Mayor Canestrino alluded to, the budget only went up about $100,000. It’s almost a flat budget, which is incredible in this day in age.

Approval of Resolutions

Council Member

Intro

Second Yes No

Abstain

Absent

Excused

Battaglia x xDeputy Mayor Canestrino x xSims xGreenman xMayor Labrosse x

CITY OF HACKENSACK

RESOLUTION NO. 79-15

FINAL ADOPTION OF ORDINANCE NO. 06-2015 AN ORDINANCE

AMENDING PART II ENTITLED “GENERAL LEGISLATION”, CHAPTER 170 ENTITLED “VEHICLES AND TRAFFIC” OF THE CITY OF HACKENSACK

MUNICIPAL CODE TO AMEND SECTION 50 ENTITLED “SCHEDULE I: NO PARKING”, SECTION 51 ENTITLED “SCHEDULE II: NO PARKING

CERTAIN HOURS”, SECTION 53 ENTITLED “SCHEDULE IV: TIME LIMIT PARKING”

This ordinance has been advertised pursuant to law and now 2

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calls for a public hearing. Will someone so move?”

Motion offered by Deputy Mayor Canestrino and seconded by Councilman Battaglia that there be a public hearing.

PUBLIC HEARING – No Comments

Motion offered by Deputy Mayor Canestrino and seconded by Councilman Battaglia 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. 06-2015 has passed its second and final reading and is hereby adopted.

CITY OF HACKENSACKORDINANCE NO. 06-2015

AN ORDINANCE AMENDING PART II ENTITLED “GENERAL LEGISLATION,” CHAPTER 170 ENTITLED “VEHICLES AND TRAFFIC” OF THE CITY OF HACKENSACK MUNICIPAL CODE TO AMEND SECTION 50 ENTITLED “SCHEDULE I: NO PARKING,” SECTION 51 ENTITLED “SCHEDULE II: NO PARKING CERTAIN HOURS, SECTION 53 ENTITLED “SCHEDULE IV: TIME LIMIT PARKING”

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”) wishes to amend wishes to amend Chapter 170 entitled “Vehicles and Traffic,” Section 50 entitled “Schedule I: No Parking” to amend the provisions regarding Main Street; and

WHEREAS, the City wishes to amend wishes to amend Chapter 170 entitled “Vehicles and Traffic,” Section 51 entitled “Schedule II: No Parking Certain Hours” to amend the provisions regarding Anderson Street; and

WHEREAS, the City wishes to amend wishes to amend Chapter 170 entitled “Vehicles and Traffic,” Section 53 entitled “Schedule IV: Time Limit Parking” to amend the provisions regarding Main Street; 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 170 entitled, “Vehicles and Traffic” is amended as to Section 50 entitled “Schedule I: No Parking,” is amended such that The City of Hackensack Municipal Code, Part II entitled “General Legislation,” states:

§170-50. Schedule I: No Parking.

In accordance with the provisions of § 170-7, no person shall park a vehicle at any time upon any of the following described streets or parts of streets:

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Name of Street Side Location

Lookout Avenue North From Prospect Avenue to Clarendon Place

Main Street East From Linden Street to Terrace PlaceMain Street East From Orchard Street to State Highway

No. 4Main Street East From Ward Street to UniversityMain Street East From Washington Place to Hudson

StreetMain Street West From Coles Avenue to Davis AvenueMain Street West From Elm Street to a point 25 feet north

of the crosswalkMain Street West From a point 350 feet south of the

southwesterly curbline of South Lake Drive to a point 50 feet south thereof

Main Street West From Ward Street to Terrace PlaceMain Street West From Warren Street to Essex StreetMain Street

Maple Avenue

West

North

From the southerly curbline of Willow Avenue to a point 100 feet south thereofFrom the easterly curbline of Pangborn Place to a point 105 feet east thereof

SECTION 2. Chapter 170 entitled, “Vehicles and Traffic” is amended as to Section 51 entitled “Schedule II: No Parking Certain Hours,” is amended such that The City of Hackensack Municipal Code, Part II entitled “General Legislation,” states:

§170-51. Schedule II: No Parking Certain Hours.

In accordance with the provisions of § 170-8, no person shall park a vehicle between the hours listed upon any of the following described streets or parts of streets:

Street Side Day Time Location

Anderson StreetNorth Tuesday 7:00 a.m.

to 10:00 a.m.

Linden Street west to Summit Avenue

Anderson Street North Monday and Wednesday

7:00 a.m. to 9:00 a.m.

Park Street to Linden Street

Anderson Street South Friday 9:00 a.m. to 12:00 noon

Linden Street west to Summit Avenue

Anderson Street South Tuesday and Friday

7:00 a.m. to 9:00 a.m.

Pangborn Street to Linden Street

Anderson Street South Friday 9:00 a.m. to noon

Pangborn Street to Main Street

SECTION 3. Chapter 170 entitled, “Vehicles and Traffic” is amended as to Section 53 entitled “Schedule IV: Time Limit Parking” is amended such that The City of Hackensack Municipal Code, Part II entitled “General Legislation,” states:

§170-53. Schedule IV: Time Limit Parking.

In accordance with the provisions of § 170-10, no person shall park a vehicle for longer than the time limit shown, between the hours of 7:00 a.m. to 7:00 p.m., upon any of the following streets or parts of streets:

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Name of Street. . .

Sides Time Limit Location

Linden Street West 30 min. From a point 70 feet south of the southerly curbline of Anderson Street to a point 165 feet south thereof

Main Street West 2 hrs. From Spring Valley Avenue to Elm Avenue

Main Street West 1 hr. From Davis Avenue to Spring Valley Avenue

Main Street West 30 min. From Fairmount Avenue to Terrace PlaceMain Street West 15 min. From a point 133 feet north of Fairmount

Avenue to a point 102 feet north thereof (approx.. 683-687 Main Street)

Main Street West 2 hrs. From Coles Avenue to South Lake DriveMain Street East 30 min. From a point 200 feet north of the

northerly curbline of Johnson Avenue to Spring Valley Avenue

Main Street East 30 min. From Linden Street to a point 319 feet north thereof (approx. 588 Main Street)

Main Street East 2 hrs. From Voorhis Lane to a point 412 feet south thereof (approx. 788 Main Street)

Main Street East 15 min. From Voorhis Lane to Orchard StreetMain Street, South East 30 min. From a point 80 feet north of the northerly

curbline of Pink Street to a point 35 feet north thereof

Section 4:

This Ordinance shall take effect upon passage, adoption, and publication in the

manner prescribed by law.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused

Battaglia xDeputy Mayor Canestrino x xSims x xGreenman xMayor Labrosse x

CITY OF HACKENSACK


FINAL ADOPTION OF ORDINANCE NO. 07-2015 A CAPITAL ORDINANCE

OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY AUTHORIZING AN ORDINANCE FOR THE SPRAY GROUND

IMPROVEMENT AT CARVER PARK AND APPROPRIATING $350,000 AND PROVIDING THAT SUCH SUM SO APPROPRIATED SHALL BE RAISED

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FROM THE FUND BALANCE OF THE GENERAL CAPITAL FUND OF THE CITY OF HACKENSACK

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 – Kathleen Salvo – Hudson Street – I am hoping that the

paperwork on this project proceeds quickly so that the splash park can be used this summer.

Lenny Nix – Carver Park is a mess, are you going to clean it and the surrounding areas up before this splash park goes in?

Motion offered by Deputy Mayor Canestrino and seconded by Councilman Battaglia 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. 07-2015 has passed its second and final reading and is hereby adopted.

CITY OF HACKENSACKBERGEN COUNTY, NEW JERSEY

ORDINANCE #07-2015CAPITAL ORDINANCE OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY AUTHORIZING AN ORDINANCE FOR THE SPRAYGROUND IMPROVEMENT AT CARVER PARK AND APPROPRIATING $350,000 AND PROVIDING THAT SUCH SUM SO APPROPRIATED SHALL BE RAISED FROM THE FUND BALANCE OF THE GENERAL CAPITAL FUND OF THE CITY OF HACKENSACK.

--------------------------------------------------

BE IT ORDAINED by the Mayor and Council of the

City of Hackensack, in the County of Bergen, New Jersey, as

follows:

Section 1. The City of Hackensack, in the County

of Bergen, New Jersey (the "City") is hereby authorized to

make the following improvements in, by and for the City,

including all work, materials and appurtenances necessary

and suitable therefor:

(A) Carver Park Sprayground (Splash Park) Improvement Project

Improvements to Carver Park including but not limited to the acquisition and installation of a Sprayground (Splash Park) structure, including all work and materials necessary therefore or incidental thereto.

Estimated Cost: $350,000

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Section 2. The sum of $350,000 is hereby

appropriated to the payment of the cost of the improvements

and acquisitions authorized and described in Section 1

hereof (hereinafter referred to as "purpose"). Said

appropriation shall be raised from the Fund Balance of the

General Capital Fund of the City of Hackensack.

Section 3. Said improvements are lawful capital

improvements of the City having a period of usefulness of at

least five (5) years. Said improvements shall be made as

general improvements, no part of the cost of which shall be

assessed against property specially benefited.

Section 4. The capital budget is hereby amended

to conform with the provisions of this capital ordinance to

the extent of any inconsistency therewith and the

resolutions promulgated by the Local Finance Board showing

full detail of the amended capital budget and capital

program as approved by the Director, Division of Local

Government Services, is on file with the City Clerk and is

available for public inspection.

Section 5. This ordinance shall take effect at the

time and in the manner provided by law.

PULLED FROM THE MEETING

Council Member

Intro

Second Yes No

Abstain

Absent

Excused

BattagliaDeputy Mayor CanestrinoSimsGreenmanMayor Labrosse

CITY OF HACKENSACK


INTRODUCTION OF ORDINANCE NO. 08-2015, AN ORDINANCE AMENDING PART II OF THE CITY OF HACKENSACK MUNICIPAL

73.10.15

CODE, ENTITLED “GENERAL LEGISLATION” TO REPEAL AND REPLACE CHAPTER 159, ENTITLED “TOWERS AND WRECKERS”

BE IT RESOLVED that the above ordinance, being Ordinance 08-2015 as introduced, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held on March 23, 2015 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.


AN ORDINANCE AMENDING PART II OF THE CITY OF HACKENSACK MUNICIPAL CODE, ENTITLED “GENERAL LEGISLATION” TO REPEAL AND REPLACE 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 repeal the current Chapter 159 and enact the following ordinance.


SECTION 1. The City of Hackensack Municipal Code, Part II entitled “General Legislation,” is amended such that Chapter 159, entitled “Towers and Wreckers,” is repealed and replaced with the following:

§ 159-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ACCIDENTAn occurrence in which a private passenger automobile comes in contact with any other object for which the private passenger automobile must be towed or removed for placement in a storage facility. This includes all situations which are accidental as to the licensed owner or operator of the motor vehicle even if they were caused by the intentional acts of a perpetrator where the perpetrator was not the licensed owner or operator of the motor vehicle.

83.10.15

AUTOMOBILEA motor vehicle of a private passenger or station wagon type that is owned or leased and is neither used as a public or livery conveyance for passengers nor rented to others with a driver; and a motor vehicle with a pickup body, or delivery sedan, a van or a panel truck or a camper-type vehicle used for recreational purposes owned by an individual or husband and wife who are residents of the same household, not customarily used in the occupation, profession or business of the owner(s).

CALENDAR YEARThe period of time beginning January 1 and ending December 31 of any given year.

DEBRISAny fragments at the scene of a towing assignment for which the removal will require no additional personnel or special equipment, i.e., broken glass, vehicle parts, or other items.

GVWRGross vehicle weight rating.

HEAVY-DUTY TOW VEHICLEA vehicle specifically designed to tow, transport or otherwise move motor vehicles, with a 25 ton capacity including an under-reach capability with a tow rating of 80,000 pounds and equipped with a boom or booms, winches, slings, tilt beds, wheel lifts or underreach equipment, as hereinafter defined.

INSIDE BUILDINGA vehicle storage facility that is completely indoors, having one or more openings in the walls, for storage and removal of vehicles and that is secured by a locking device on each opening.

LAND ALL TRAILERDetachable trailer capable of hauling vehicles, machinery and/or equipment, commonly referred to as “low-boy.”

OFFICIAL TOWERA person or company licensed by the City to tow and/or store vehicles on behalf of the City.

OUTSIDE SECURED STORAGE AREAAn automobile storage facility that is not indoors and is secured by a fence, wall or other man-made barrier that is at least six feet high and is installed with a locked gate. The facility is to be lighted at night.

PERMANENTLY AFFIXEDAttached to or placed directly on the vehicle in such a manner as such cannot be removed or repositioned

SPECIAL RECOVERY SERVICESConstitutes any action that is not normally associated with roadside towing, e.g., winching, righting overturned vehicles or other services required when a vehicle will not roll on its own wheels.

SPILLAGEThe release of vehicle cargo or contents where the removal may require the use of extra personnel and/or specialized equipment.

TOW VEHICLEOnly those vehicles equipped with a boom or booms, winches, slings, tilt beds, wheel lifts or underreach equipment specifically designed by its manufacturer for the removal or transport of motor vehicles.

§ 159-2 Licensing and identification of Official Towers.

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A. The City may license persons or companies meeting the criteria set forth in this chapter and engaged in the business of or offering the services of motor vehicle towing, wrecking or storage, whereby damaged, disabled and/or impounded motor vehicles are towed or otherwise removed from the place where they are damaged, disabled, and/or impounded by use of a Tow Vehicle, as defined herein. Such person(s) or company shall be known as an “Official Tower.”

B. Official Towers shall be identified by means of a license, which shall be issued by the City as hereinafter provided.

C. Persons or companies engaged in the business of private towing services are not required to obtain a license. Private towing service providers are not governed by this chapter, and services provided are negotiated with the party requesting same.

§ 159-3 Services to be furnished; possession of special equipment.

A. The Official Tower shall furnish adequate and proper towing, wrecking, storage and emergency repair service to damaged or disabled motor vehicles within the limits of the City when requested to do so by the Chief of Police or his designee. The Official Tower shall be available to render service twenty-four (24) hours per day, seven (7) days per week. It is required that a Tow Vehicle be on the site of the event within 15 minutes of the time of the call from the Chief of Police or his designee.

B. In the event that a disabled vehicle requires special towing equipment and the Official Tower does not possess such equipment, then the Chief of Police or his designee shall select the next Official Tower in the rotation list who does possess the necessary special equipment to tow such disabled, damaged and/or impounded vehicle. No Official Tower shall subcontract or assign any work that is to be performed by the Official Tower under the provisions of this chapter.

§ 159-4 Application for Official Tower license.

A. Application for an Official Tower license shall be made to the City upon a form provided by the Police Department and shall contain all of the following information:

(1) The name, business address, telephone number and federal tax identification number (where applicable). When the Official Tower is owned and operated by an individual, the name, social security number, residential and business addresses and telephone number(s) of such individual shall be provided. When the Official Tower is a corporation or partnership, the application shall contain the names, residences, telephone numbers, date of birth and social security number of all persons owning any interest in the Official Tower.

(2) In the event that the Official Tower is conducting business operating under a trade or business name, the applicant shall submit a certificate of such name as proof that such name has been appropriately filed with the County Clerk's Office of Bergen County and/or with the Secretary of State of the State of New Jersey.

(3) Any such information as may be required by the City concerning the personnel, vehicles, equipment and storage facilities of such applicant, as hereinafter provided, showing that the applicant meets the minimum standards of performance. This includes, but is not limited to, the street address of the applicant's indoor and/or outdoor storage facilities, including a description of size and capacity; the address where the towers will be regularly garaged; and the telephone number(s) of the applicant such that contact will be available on a twenty-four-hour-per-day basis.

(4) A certificate or certificates of insurance evidencing adequate insurance coverage as hereinafter provided.

(5) A fee of $500 to cover the administrative expenses incurred by the City in processing the application and an additional fee of $75 for each vehicle.

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(6) The names and addresses of two business references not in the employ of the City who have known the applicant for at least two years and who can attest to the applicant's experience and performance in the towing, wrecking and storage business.

(7) A list of all towing vehicles, including the make and model number, year of vehicle and vehicle identification number (VIN) and any and all other information that the City Council may deem necessary. No vehicle may be listed on more than one application, nor can there be a transfer of vehicles between towers.

(8) A complete list, including dates of service, of all other municipalities, state agencies and/or governmental entities that the applicant is, or has been, an Official Tower of or held a towing permit from. No person applying individually shall be eligible for approval or appointment as an Official Tower of the City unless that person shall have been an official municipal tower with a minimum of three years' experience in municipal towing in any municipality of the State of New Jersey including a minimum of one year’s experience in municipal towing in any municipality in the County of Bergen, State of New Jersey. No corporation or partnership shall be eligible for approval or appointment as an Official Tower of the City unless that business entity shall have been an official municipal tower with a minimum of three years' experience in municipal towing in any municipality of the State of New Jersey including a minimum of one year’s experience in municipal towing in any municipality in the County of Bergen, State of New Jersey.

(9) A complete list of all actions taken against the applicant by a governmental entity for the applicant's alleged violation of any towing ordinance or regulation while towing as a licensed or permitted tower for that governmental entity. If the applicant's towing license or permit has been revoked, suspended or denied, the applicant shall list each time, what governmental entity was involved and a brief description of the event(s) that led up to the revocation, suspension and/or denial of a towing license or permit.

(10) Certification that the applicant will be able to provide towing services anywhere in the City within a maximum response time of fifteen (15) minutes.

(11) Certification that indoor and/or outdoor storage facilities and services comply with this Chapter.

(12) Certification of consent appointing the City Clerk as the applicant’s true and lawful attorney for the purpose of accepting and acknowledging service of legal process by any court of competent jurisdiction against the applicant.

B. No license shall be granted to a tower unless and until the tower seeking the license has appointed the City Clerk as the applicant's true and lawful attorney for the purpose of acknowledging service out of any court of competent jurisdiction to be served against the applicant.

C. Suspension or revocation of a license, and/or the prior denial of an application affecting the applicant, from this municipality or any county or state agency granting such license may be cause for denial of a license under this chapter.

D. Upon receipt of a completed application, the City Clerk shall forward a copy to the Chief of Police or his designee for his review and recommendation. The review by the Chief of Police or his designee shall consist of the following: an inspection of the personnel, vehicles, equipment and storage areas proposed to be utilized by the applicant to verify the accuracy of the information contained in the application and to determine compliance with applicable laws and regulations and the standards of performance required by this chapter.

E. An applicant may be included on the Official Towers list by an official action of the City Council, by resolution adopted at a regular public meeting, when, from a consideration of the application and from such other information as may be obtained, the City Council finds that all of the following circumstances exist:

113.10.15

(1) The applicant has not knowingly and with intent to deceive made any false, misleading or fraudulent statements of material fact in the application or in any other document required pursuant to this chapter.

(2) The applicant has met the standards in this chapter and has furnished the required hold harmless agreement and certificate(s) of insurance.

(3) The application has been reviewed and the Chief of Police or his designee has submitted a favorable report.

(4) Neither the applicant nor the applicant's personnel have been convicted of a criminal offense or have had their driver's license suspended within the past year.

F. The Chief of Police or his designee shall conduct his or her review and render a report to the City Council recommending either the approval or denial of the application within 28 days of receipt of the application from the City Clerk. The City Council shall take action with regard to the report of the Chief of Police within 30 days or at the next public meeting of the City Council, whichever is later. The applicant or its representative shall be given notice of the date on which the City Council will consider the application and shall be permitted to appear and be heard at that time.

G. Written notice of the approval or denial of the application shall be provided to the applicant within seven days of the decision of the City Council.

H. Where an application is denied, the applicant may request a hearing by the service of notice on the City Clerk requesting same. The City Council shall set a hearing date, which shall be no less than seven days and not more than 30 days from the date of the notice.

§ 159-5 Issuance of license.

A. Upon approval of the application as herein provided, the City Clerk shall issue for the applicant an Official Tower's license for each Tow Vehicle or flatbed vehicle to be utilized in providing services pursuant to this chapter by submitting said licenses to the Chief of Police or designee for issuance to the Official Tower(s).

B. Said licenses shall be in a form so approved by the City Council, and shall be displayed on the Tow Vehicle or flatbed vehicle at all times.

C. Expiration; renewal; revocation.

(1) Each Official Tower's license shall expire on December 31 of each calendar year and the license shall run for the calendar year only.

(2) Each applicant for an Official Tower's license or renewal shall apply for such license on or before November 15 of any calendar year for the next succeeding calendar year. All applications received before November 15 of any calendar year, whether for a newly issued or renewed license, will be granted, if appropriate, for the next succeeding calendar year. No license shall be issued for less than a full calendar year nor should a license be issued at any other time than the period set forth above. The license shall not be transferable or assigned.

(3) Each Official Tower’s license may be subject to revocation by the City Council for any of the following reasons:

(a) If it is subsequently determined that the applicant knowingly and with intent to deceive made false misleading or fraudulent statements of material fact in the application or in any other document required pursuant to this chapter.

(b) Violation of any federal or state law or municipal ordinance or regulation relating to the operation of a motor vehicle or the provision of towing services.

123.10.15

(c) Violation of any rule or regulation promulgated by the New Jersey Department of Insurance.

(d) Violation of any of the provisions of this chapter.

(4) Proceedings for the suspension or revocation of a license shall be initiated by the service of a notice of charges proffered against the licensee. Said notice shall be served by the Chief of Police or his designee, either personally or by certified mail, return receipt requested, and shall contain a date, time, and place for a hearing to be held by the City Council. Said hearing shall be scheduled no less than seven days and not more than thirty (30) days after the notice of the proposed suspension or revocation shall be served upon the licensee. The licensee has the right to file an answer to the notice and to appear in person, or be represented by counsel, and give testimony at the place and time fixed for the hearing.

D. Upon the expiration of an Official Tower's license, the applicant, prior to performing any service thereafter, shall re-file completely for such Official Tower's license, setting forth all the information required in the form provided by the City Clerk and complying with the provisions of this chapter.

§ 159-6 Minimum standards of performance.

To qualify for inclusion on the list of Official Towers, applicants must meet the following minimum standards:

A. Minimum vehicle requirements.

(1) Every Official Tower shall maintain and have available to render services required by this chapter a minimum of four vehicles consisting of the following: one regular Tow Vehicle with wheel lift, one flatbed vehicle, one medium-duty towing vehicle of at least 15,000 pounds gross vehicle weight and/or one heavy-duty towing vehicle with a 25 ton capacity including an underreach capability with a tow rating of 80,000 lbs. In lieu of a medium-duty towing vehicle, the tower may substitute an additional heavy-duty towing vehicle in its place. Registration documents shall be shown to the City certifying registration is the same or better than the GVWR of the vehicle, as plated on the vehicle.

(2) Vehicle classes.

(a) Heavy-duty Tow Vehicles with a 25 ton capacity including an underreach capability with a ton rating of 80,000 lbs.

(b) Flatbed vehicles must be equipped with a winch or hydraulically operated bed which slides or tilts to accommodate the transporting of vehicles.

B. Each applicant shall submit, along with its application, proof of ownership or lease of the vehicles, which will be utilized to provide services pursuant to this chapter. The provisions of § 401-4(A)(7) of this chapter shall apply.

C. Minimum equipment requirements.

(1) Every Tow Vehicle or flatbed vehicle shall have two-way radio or cellular phone capability with a dispatching center on a twenty-four-hour basis.

(2) Every Tow Vehicle or flatbed vehicle shall be equipped with the following:

(a) At least one amber rotating beacon or strobe light mounted on the highest practical location on the vehicles, visible from 360º when in use and visible at a minimum distance of 500 feet during daylight hours. An amber light permit, as required by the state, must be filed in the office of the Chief of Police and City Clerk.

(b) Safety tow lights or magnetic tow lights for towing vehicles at night, amber or red colored.

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(c) Extra chains and cable for pulling or securing a towed vehicle.

(d) At least one heavy-duty broom, a shovel, a crowbar or prybar, a set of jumper cables, a flashlight, one two-pound or larger fire extinguisher of dry chemical type, one dozen flares or similar warning devices for placement at the scene of an accident or behind a disabled vehicle, at least 10 pounds of dry sand or a drying compound for gasoline and oil spilled on the roadway and containers for removal thereof and a sufficient quantity and types of tools to enable the Tow Vehicle operator to perform proper and adequate emergency repair services for the tow.

(3) Every Tow Vehicle or flatbed vehicle shall comply with any and all state, federal and local laws, regulations and ordinances pertaining to safety, lighting and towing equipment requirements and shall be subject to inspection by the Chief of Police or his designee at any time. Where applicable, all permits required by other agencies than the City shall be provided to the City upon request of the City.

(4) Every Tow Vehicle or flatbed vehicle shall have the name of the Official Tower, by a Permanently Affixed or painted sign prominently displayed on the vehicle in such manner so as to conform to the provisions of N.J.S.A. 39:4-46. Such demarcations shall be placed on the outside door panels of the vehicle. The sign shall be at least three inches in height and diameter, be visible to the naked eye and the names must be the same on both panels.

(5) Every Tow Vehicle or flatbed vehicle shall display valid tow truck license plates or markers so as to conform to the provisions of N.J.S.A. 39:3-84.11.

D. Notice, reporting, and record keeping requirements.

(1) The Official Tower shall maintain a written schedule of all rates and charges, in compliance with this chapter, and make such schedule available when requested and have conspicuously displayed at the place of business, either painted or Permanently Affixed, a schedule of maximum towing charges and storage charges permitted by this chapter. Business hours shall be posted. Whenever practicable, the owner or driver of any vehicle utilizing towing service shall be given a copy of a full statement of rates at the time that the towing services are rendered. In any event, a full schedule of rates shall be annexed to each bill for towing service.

(2) Within fourteen calendar days of the expiration of each rotation period, the Official Tower shall submit to the City Clerk a copy of all of the invoices for services rendered to any owner or operator of a damaged or disabled vehicle on a form of invoice provided by the City. In the absence of a City form, the Official Tower will submit the bills which state: the name and address of the person towed; the make and model of the vehicle towed; plate number; and, the in date of the tow and the out date of the tow. Only fees applicable in this chapter shall appear on said invoice, and there shall be only one invoice per vehicle towed.

(3) The Official Tower shall provide the Police Department with the following information, free of charge, on vehicles unclaimed over 30 days: year, make, color and vehicle identification number; owner's name and address; copy of a certified letter advising the owner of the vehicle's whereabouts; photograph of vehicle; any other items or information deemed necessary by the Police Department concerning any vehicle.

(4) The Official Tower shall maintain a record in a bound volume of all towing and wrecking jobs handled, on public or private property, the name of the owner or operator involved, the charge made for the service, and the date and amount of payment. The tower will also provide a three-part receipt book. The receipts will be issued as follows:

(a) The original shall be issued to the vehicle owner upon completion of payment of charges.

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(b) Hackensack Police Department, to be forwarded to the Traffic Division within 14 days after payment for services by the customer.

(c) Tower's copy, to be kept on file at the tower's business as a record of transaction.

(5) The Official Tower shall maintain an up to date record of all information requested for the application and shall make this information available to the Police Department upon request.

(6) Each Official Tower shall keep and maintain adequate and complete records showing all vehicles towed, stored and released, all services rendered and all fees charged and collected. All records shall be available for inspection by the City at any time during normal business hours. Records shall be kept and maintained by the Official Tower at one central location and shall be retained for a period of seven years. Records may be written, printed or computerized as long as the requirements of this subsection are met.

E. Minimum personnel requirements. Official Towers shall have available, at all times, a minimum of two drivers to provide the services required by this chapter. All drivers employed by Official Towers to provide the services required by this chapter shall meet the following requirements and be subject to the following regulations. They shall:

(1) Provide a prompt, courteous response to each call.

(2) Be competent and able to provide minimum road services for disabled vehicles. This includes collecting and removing all debris at the accident site emanating from the accident,

(3) All drivers required to have a commercial driver's license (CDL) by the State of New Jersey and/or federal regulations are required to furnish such license for the purpose of this chapter. Results of these tests must be promptly reported to the City Clerk for record-keeping.

(4) Obey all traffic laws and regulations.

(5) Not have been convicted of a crime within the past year.

(6) Wear uniform clothing with a name patch indicating the employee’s first name and name of the contractor’s company. All employees shall be clean, neat, and make a good appearance. All employees of the contractor shall wear photo identification badges.

F. Minimum storage requirements.

(1) Every Official Tower shall maintain an Inside Building and Indoor and/or Outside Secured Storage Area located within City limits or at a distance no greater than 2.5 miles from the intersection of Central Avenue and State Street in the City of Hackensack.

(a) All Official Towers must have sufficient storage area on their own premises to store towed vehicles at the licensed site. This area must be over and above the requirement that is in effect for requirement of parking for that site. No vertical stacking of vehicles is permitted. Each Tow Vehicle must be stored at the Official Tower's licensed site. Official Towers located within the City cannot store vehicles on the thoroughfares of the City, whether under the auspices of the City, County of Bergen or State of New Jersey without City approval. Storage of vehicles on the thoroughfares of other municipalities wherein City towers are located is subject to the requirements of those municipalities.

(b) No vehicle shall be removed to a storage facility located at a distance greater than 5 miles from any City of Hackensack border. However, vehicles removed at the direction of the City or based on the tower’s role as an Official Tower must be removed to the tower’s storage facility located within City limits or at a distance no greater than 2.5 miles from the intersection of Central Avenue and State Street in the City of Hackensack.

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(c) The storage area shall be fenced with an acceptable screened material six feet in height. The fenced area shall be no less than 3000 square feet in area. The storage area shall have a suitable gate and be installed with a locking device or a similar on-site security measure. The facility is to be lighted at night.

(d) The storage area shall be in an area legally zoned for or legally nonconforming for such use; the certificate of occupancy is to be furnished with the application.

(e) The storage facility shall be available from at least 8:00 a.m. until 4:30 p.m. Monday through Friday and from at least 8:00 a.m. to 1:00 p.m. on Saturday. The applicant shall prominently display the hours during which the facility will be open on weekends. The storage area must have a building wherein a permanently installed telephone is located. On the application for a towing license, the applicant shall list all business hours required pursuant to the subsection for the calendar year of the license in question, which shall not be changed during the calendar year.

(f) The Official Tower may charge an additional release fee of up to $60.00 or other charge for releasing vehicles to their owners after normal business hours or on weekends.

(g) The applicant shall, with its application, submit proof of ownership or lease of the storage area.

(h) The Official Tower shall be responsible for ensuring the proper and safe storage of all vehicles towed pursuant to this chapter. The Official Tower shall be liable for any damage incurred by such vehicles while in transit to or while stored in the storage areas.

(2) To ensure the timely release of a vehicle, the tower shall release a vehicle to the owner/occupier of the vehicle no later than one hour from the vehicle's arrival at the tower's facility or within one hour of being contacted by the owner/occupier of the vehicle that he/she wishes to take possession of said vehicle during regular business hours.

(3) No storage of any disabled or damaged vehicle shall be located on any public street or sidewalk in the City.

G. Credit cards. All Official Towers must have the ability to receive credit card payment and will accept same for payment of all towing and storage services included, specifically or by reference, in this chapter. However, towers are not required to accept credit cards for impounded vehicles.

§ 159-7 Utilization of list of Official Towers.

A. Official Towers shall be placed on the list in the order in which their application is approved and license issued. Once the initial list has been established, new Official Towers, when their applications have been approved, will be added to the end of that list.

B. The City shall request wrecking, towing and storage services from each Official Tower in rotation, with a weekly rotation period. When called, the tower shall advise the dispatcher if a vehicle is available and the estimated time of arrival. If no tower vehicle is available or if the response time will exceed fifteen (15) minutes, the next Official Tower on the list will be called for that job; this does not affect the rotation period. If none of the Official Towers are available or able to provide such services as are requested by the City, the City may request such services from any other available source. All requests shall be made by the Chief of Police or his designee.

C. The City shall request service only from Official Towers; provided, however, that if no emergency or road hazard exists, the Chief of Police or his designee shall request such service from such other person as the owner of the motor vehicle in need of such services may request, provided that the request is responded to within fifteen 15 minutes.

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D. During adverse weather conditions, heavy traffic conditions or emergency conditions, Official Towers shall give priority to requests from the City over any other requests which may be received by the Official Towers.

E. The City shall pay the Official Tower for storage of removed vehicles pursuant to N.J.S.A. 40:48-2.50.

§ 159-8 Hold harmless agreement.

Applicants shall agree, in writing, to assume the defense of and indemnify and hold harmless the City, its elected officials, boards, commissions, officers, employees and agents from all suits, actions, damages or claims to which the City may be subjected of any kind and nature whatsoever resulting from, caused by, arising out of or as a consequence of the provision of towing, wrecking, storage and/or emergency services provided at the request of the City pursuant to this chapter. Official Towers shall enter into a hold harmless agreement in a form to be prepared by the City Attorney prior to being included in the Official Towers list.

§ 159-9 Insurance.

A. No person shall be included on the Official Towers list unless and until such person has provided to the City a certificate(s) of insurance evidencing that there is in effect the following insurance coverage.

(1) General property damages and liability insurance in an amount not less than $1,000,000 per occurrence and $2,000,000 per aggregated general liability, including additional garagekeepers coverage, shall be primary as respects vehicles of others and shall include collision coverage.

(2) Garagekeeper's liability insurance in an amount not less than $500,000 per location shall be required. No deductible amounts are permitted. The words "no deductible" shall be included on the policy and/or certificate of insurance.

(3) Workers' compensation as required by law shall be required.

B. Policies of insurance shall be written by insurance companies authorized to do business in the State of New Jersey.

C. The City shall be named as an additional insured on all policies of insurance provided pursuant to this chapter. All certificates of insurance shall provide that the policies may not be canceled or terminated or coverage decreased without 30 days' written notice to the City. Such insurance shall be primary.

D. Policies of insurance required by this chapter shall be maintained in full force and effect at all times. In the event that any coverage is canceled or terminated or coverage decreased in amount, the tower shall be removed immediately from the Official Towers list until such time as the required coverage is reinstated or replaced.

§ 159-10 Towing and storage fee schedule.

A. No official towing operator licensed under this chapter may charge rates in excess of the following for towing, conveying, road service or storage of a motor vehicle.

B. Fee schedule.

1. Private Passenger Vehicles (under 6,000 lbs.)

a. Towing $ 125.00b. Motorcycles $ 125.00c. Mileage outside City boundaries (within NJ) $ 5.00

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d. Road Service $ 60.00e. Lock-out $ 60.00f. Storage $ 40.00g. Winching/Recovery (Per Hour) $ 150.00h. If vehicle will not roll freely on/off flatbed (winch fee) $ 75.00i. Yard fee (as needed) $ 65.00

2. Vehicles from 6,001 lbs. — 10, 000 lbs.

a. Towing $ 175.00b. Road Service $ 75.00c. Storage $ 75.00d. Winching/Recovery(Per Hour) $ 200.00e. If vehicle will not roll freely on/off flatbed (winch fee) $ 100.00f. Yard fee (as needed) $ 85.00

3.. Vehicles over 10,001 lbs.

a. Towing (Per Hour) $400.00b. Road Service (Min.) $100.00c. Storage $100.00d. Winching/Recovery (Per Hour/ Per Truck) $425.00e. Yard Fee for trucks $165.00

4. Additional Fees.

a. Waiting Time (after 30 min./in 30 min. increments)/hour $100.00b. Admin. Fee (Impounds & Accidents) $35.00c. Crash Wrap (Front/Rear) $40.00d. Crash Wrap (Per Side) $25.00e. Speed' Dry $15.00f. Clean Up of Debris $35.00g. Add’l Personnel for Recovery Work (Per Hr/Per Person) $85.00h. Level 3 Supervisor (as needed, per hour) $90.00i. Air Line Hook-up $40.00j. Remove Draft Shaft $50.00k. Air Brake Release $90.00

C. Service charges. Vehicles are subject to the fee schedule set forth herein, hoever there shall be no charge for release of vehicle from storage facility.

D. Towing charges.

(1) Towing charges. See fee schedule set forth herein.

(2) The administrative fee shall be collected by the tower and remitted to the City within 30 days.

(3) If and in the event a tower responds to an accident, or other motorist difficulty, and the motorist requests that the tower bring the car to a location other than the tower's place of business, then the tower may charge an additional fee of $5 per mile, beyond the

183.10.15

Hackensack City limits. In no event shall the tower be required to tow the vehicle more than 10 miles out of the City limits, in a direct line and measurement, unless agreed upon by the tower.

(4) The base fee of $125 as prescribed by subsection (C)(1)(a) is under the presumption that the car will be towed to the tower's lot.

(5) If and in the event a tow is required which must be performed under extraordinary circumstances as determined by the police personnel at the scene, then additional charges may be charged for services rendered.

D. Storage charge. There shall be no charge for storage for the first four 4 hours. For remaining charges, see fee schedule herein.

E. Accident and abandonment charges; limitations.

(1) If and in the event a tower is summoned by the police and arrives at the scene of an accident, and the vehicle owner refuses to allow the vehicle to be towed by said tower, the towing company may charge a service fee of $35 which shall be paid by the owner or operator of the vehicle.

(2) When a vehicle is abandoned due to the death or incapacitation of the driver or any passenger, the towing official storing the vehicle shall charge the owner of record or the security interest holder no more than $100 for the first 72 hours after the vehicle is placed on the premises.

(3) Additional limitations may be imposed for abandoned vehicles pursuant to N.J.S.A. 39:10A-1.

F. Calculation of rates and fees.

(1) The towing mileage rates, where applicable, shall be calculated based on the total distance traveled from the site of pickup of the vehicle in question to the dropoff point, by way of the shortest available route. Fractions shall be rounded up to the nearest whole. The first seven miles shall not be subject to the mileage charge.

(2) Tow Vehicles transporting multiple passenger cars at one time shall receive the applicable fees for each vehicle transported.

G. The fees set forth on the schedules set forth in this section contained for storage fees are the maximum storage charges per twenty-four-hour period that shall apply to all vehicles stored by an Official Tower.

H. Motorcycles and all other on/off-road vehicles shall be considered private passenger vehicles for purposes of determining fees which are allowed under this section. Any other objects not covered herein, which are towed by an Official Tower at the request of the City, shall be subject to fees as determined by the City Council.

I. The use of Speedy-Dri shall be charged the rate of $15 per fifty-pound bag.

J. The fees set forth in Subsections B and C of this section shall be divided in half for vehicles owned and/or operated by the City or any of its agencies. The towing of and Special Recovery Services provided to any of the City’s vehicles shall be provided by the Official Tower at a rate of 50% of the costs set forth in this chapter.

§ 159-11 Miscellaneous provisions.

A. Copies of this chapter and the schedule of fees that may be charged by Official Towers shall be made available to the public during normal business hours at City Hall. Copies shall also be made available to the public at each Official Tower's place of business.

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B. All Official Towers shall post, in a prominent place at each storage area clearly visible to the public, a schedule of fees that may be charged for all services, provided that the same is pursuant to this chapter.

C. The City reserves the right to make periodic unannounced inspections of the personnel, vehicles, equipment and storage areas of all Official Towers.

D. The relationship between an Official Tower and the City is one of an independent contractor. Neither party shall be construed in any manner whatsoever to be an employee of the other, nor shall any employee or agent furnished by any party be construed to be an employee or agent of the other party. Inclusion on the Official Towers list shall not be construed or considered as a joint venture, partnership, association, contract of employment or profit-sharing agreement.

E. The City shall not be liable or responsible for compensating the Official Towers for any of the services performed under this chapter unless those services are performed for City vehicles or as provided in section 7(E). All other compensation shall be the responsibility of the owner of the towed motor vehicle and the Official Tower shall proceed directly against the owner.

F. The Official Tower shall, at all times, be solely responsible for the conduct of its employees.

G. All complaints and disputes arising from the towing and storage of motor vehicles required by the City without the consent of the owner must be directed to the City Council and Police Department.

§ 159-12 Enforcement agency; suspension or revocation of license.

A. The Hackensack Police Department shall be the enforcement agency. The enforcement agency shall have the authority to hear complaints against any Official Tower whether brought by City representatives, the public and/or other Official Towers.

B. In the event that a complaint (of a noncriminal nature) is received by the City, involving the improper or unsatisfactory performance of services by an Official Tower, excessive charges or damage to a motor vehicle while in the custody of the tower, the enforcement agency shall give written notice of said complaint, by certified mail, return receipt requested to the Official Tower against whom the complaint is made. The Official Tower shall make a written response to such complaint within five (5) calendar days from receipt of the written notice.

D. The enforcement agency after hearing the matter shall have the authority to suspend the Official Tower's license until the next rotation. Any contestation of such action by the enforcement agency shall be made by way of appeal to the City Council within fourteen (14) calendar days of the notice of said suspension. The City Council shall then conduct a hearing regarding the appeal of the suspension at the next public Council meeting or within thirty (30) calendar days of the tower's notice of appeal.

E. If, after considering the matter and the findings by the enforcement agency, the City Council shall determine that there is good and sufficient cause for revocation of the Official Tower's license, the tower shall surrender said license to the City Clerk within one calendar day.

F. Failure to surrender the license upon revocation shall constitute a violation of this chapter, subject to all legal action available to the City, including permanent removal from the Official Towers list.

G. Nothing contained herein shall prevent or limit the right of any person to commence or maintain an action for damages or any other relief directly against an Official Tower in a court of competent jurisdiction.

§ 159-13 Violations and penalties.

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A. In addition to any suspension or revocation of license, a person who shall violate any of the provisions of this chapter shall be subject to the following, at the discretion of the Municipal Court:

(1) First offense: not less than $1,000 and not more than $2,500, or up to 30 days’ imprisonment, or any combination of thereof.

(2) Second offense: not less than $2,500 and not more than $5,000, or up to 30 days’ imprisonment, or any combination of thereof.

(3) Third offense: not less than $5,000 and not more than $10,000, or up to 30 days’ imprisonment, or any combination of thereof.

(4) All other subsequent offenses shall result in a minimum penalty of $5,000, not more than $10,000, or up to 90 days’ imprisonment, or any combination of thereof.

B. Each violation of any of the provisions of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense; and

C. The imposition of a fine or imprisonment, or both, for a violation of this chapter of the Code shall not be deemed to be in lieu of any other provision therein providing for revocation or suspension of any license or permit issued thereunder.

D. In addition to the fine provided above, a violation of any of the provisions of this chapter shall be cause for revocation of the Official Tower's license.

E. In the event that two or more complaints are pending for over thirty (30) days in Municipal Court, then the enforcement agency may suspend the Official Tower's license, after a hearing and decision by the enforcement agency.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused

Battaglia xDeputy Mayor Canestrino xSims x xGreenman x xMayor Labrosse x

CITY OF HACKENSACK


INTRODUCTION OF ORDINANCE NO. 09-2015, AN ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A:4-45.14)

BE IT RESOLVED that the above ordinance, being Ordinance 09-2015 as introduced, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held on March 23, 2015 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

213.10.15

for final passage.

CITY OF HACKENSACK

ORDINANCE 09-2015

CALENDAR YEAR 2015ORDINANCE TO EXCEED THE MUNICIPAL BUDGET

APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK(N.J.S.A. 40A:4-45.14)

WHEREAS, the Local Government Cap Law, N.J.S.A. 40A:4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 1.5% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and,

WHEREAS, N.J.S.A. 40A:4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and,

WHEREAS, the City Council of the City of Hackensack in the County of Bergen finds it advisable and necessary to increase its CY 2015 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and,

WHEREAS, the City Council hereby determines that a 2.0% increase in the budget for said year, amounting to $1,529,899.21 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap law, is advisable and necessary; and,

WHEREAS, the City Council hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years.

NOW THEREFORE BE IT ORDAINED, by the City Council of the City of Hackensack, in the County of Bergen, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2015 budget year, the final appropriations of the City of Hackensack shall, in accordance with this ordinance and N.J.S.A. 40A:4-45.14, be increased by 2.0%, amounting to $1,529,899.21, and that the CY 2015 municipal budget for the City of Hackensack be approved and adopted in accordance with this ordinance; and,

BE IT FURTHER ORDAINED, that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and,

BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within five (5) days of introduction; and,

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BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within five (5) days after such adoption.

Council Member

Intro

Second Yes No

Abstain Absent

Excused

Battaglia x xDeputy Mayor Canestrino xSims x xGreenman xMayor Labrosse x

CITY OF HACKENSACK


INTRODUCTION OF ORDINANCE NO. 10-2015, A BOND ORDINANCE PROVIDING FOR VARIOUS ROAD IMPROVEMENTS BY AND IN THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY; APPROPRIATING $1,088,000 THEREFOR

AND AUTHORIZING THE ISSUANCE OF $1,036,000 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF”


CITY OF HACKENSACKORDINANCE NUMBER 10-2015

BOND ORDINANCE PROVIDING FOR VARIOUS ROAD IMPROVEMENTS BY AND IN THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY; APPROPRIATING $1,088,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,036,000 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF

BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF

THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, STATE OF NEW

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JERSEY (not less than two-thirds of all the members thereof affirmatively

concurring), AS FOLLOWS:

SECTION 1. The improvements described in Section 3 of this bond

ordinance are hereby authorized as general improvements or purposes to be

undertaken by the City of Hackensack, in the County of Bergen, State of New

Jersey (the "City"). For the said improvements or purposes stated in Section 3,

there is hereby appropriated the aggregate sum of $1,088,000, said sum being

inclusive of $52,000 as the amount of aggregate amount of down payment for said

improvements or purposes as required by the Local Bond Law, N.J.S.A. 40A:2-1 et

seq. (the “Local Bond Law”) and $295,266 in Community Development Block

Grants to be received by the City. The down payment is now available by virtue of

a provision or provisions in a previously adopted budget or budgets of the City for

down payment or for capital improvement purposes.

SECTION 2. For the financing of said improvements or purposes

described in Section 3 hereof, and to meet the part of said $1,088,000

appropriation not provided for by application hereunder of said down payment,

negotiable bonds of the City are hereby authorized to be issued in the principal

amount of $1,036,000 pursuant to the Local Bond Law. In anticipation of the

issuance of said bonds and to temporarily finance said improvements or purposes,

negotiable notes of the City in a principal amount not exceeding $1,036,000 are

hereby authorized to be issued pursuant to and within the limitations prescribed by

said Local Bond Law.

SECTION 3. The improvements and purposes hereby authorized

and purposes for the financing of which said debt obligations are to be issued are

the milling and repaving of Prospect Avenue from Essex Street to Passaic Street

and all or a portion of South Newman Street, Coles Avenue, Hobart Street and

Stanley Place, including, as applicable, milling, construction, reconstruction,

repairing and resurfacing, drainage improvements, inlet, manhole and water

valve replacements, the restoration or construction of or improvements to curbs,

sidewalks, traffic line striping, driveway aprons or barrier-free ramps along such

roadways, the acquisition and installation of traffic signals and signage and

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including all engineering and design work, surveying, construction planning,

preparation of plans and specifications, permits, bid documents, construction

inspection and contract administration, and all work, materials, equipment, labor

and appurtenances necessary therefor or incidental thereto.

(b) The estimated maximum amount of bonds or notes to be issued

for said purpose is $1,036,000.

(c) The estimated cost of said purpose is $1,088,000.

SECTION 4. In the event the United States of America, the State of

New Jersey and/or the County of Bergen make a contribution or grant in aid to the

City for the improvements and purposes authorized hereby and the same shall be

received by the City prior to the issuance of the bonds or notes authorized in

Section 2 hereof, then the amount of such bonds or notes to be issued shall be

reduced by the amount so received from the United States of America, the State of

New Jersey and/or the County of Bergen. In the event, however, that any amount

so contributed or granted by the United States of America, the State of New Jersey

and/or the County of Bergen shall be received by the City after the issuance of the

bonds or notes authorized in Section 2 hereof, then such funds shall be applied to

the payment of the bonds or notes so issued and shall be used for no other

purpose. This Section 4 shall not apply, however, with respect to any contribution

or grant in aid received by the City as a result of using funds from this bond

ordinance as “matching local funds” to receive such contribution or grant in aid.

SECTION 5. All bond anticipation notes issued hereunder shall

mature at such times as may be determined by the Chief Financial Officer of the

City, provided that no note shall mature later than one (1) year from its date. The

notes shall bear interest at such rate or rates and be in such form as may be

determined by the Chief Financial Officer of the City. The Chief Financial Officer of

the City shall determine all matters in connection with the notes issued pursuant to

this bond ordinance, and the signature of the Chief Financial Officer of the City

upon the notes shall be conclusive evidence as to all such determinations. All

notes issued hereunder may be renewed from time to time in accordance with the

provisions of N.J.S.A. 40A:2-8.1. The Chief Financial Officer of the City is hereby

253.10.15

authorized to sell part or all of the notes from time to time at public or private sale

and to deliver them to the purchaser thereof upon receipt of payment of the

purchase price and accrued interest thereon from their dates to the date of delivery

thereof. The Chief Financial Officer of the City is directed to report in writing to the

governing body at the meeting next succeeding the date when any sale or delivery

of the notes pursuant to this bond ordinance is made. Such report must include the

principal amount, the description, the interest rate, and the maturity schedule of the

notes so sold, the price obtained and the name of the purchaser.

SECTION 6. The capital budget of the City is hereby amended to

conform with the provisions of this bond ordinance and to the extent of any

inconsistency herewith, a resolution in the form promulgated by the Local Finance

Board showing full detail of the amended capital budget and capital programs as

approved by the Director of the Division of Local Government Services will be on

file in the office of the Clerk and will be available for public inspection.

SECTION 7. The following additional matters are hereby determined,

declared, recited and stated:

(a) The purposes described in Section 3 of this bond ordinance are

not a current expense and are improvements which the City may lawfully undertake

as general improvements, and no part of the cost thereof has been or shall be

specially assessed on property specially benefited thereby.

(b) The period of usefulness of said purposes within the limitations of

said Local Bond Law, according to the reasonable life thereof computed from the

date of the said bonds authorized by this bond ordinance, is 10 years.

(c) The supplemental debt statement required by the Local Bond

Law has been duly made and filed in the Office of the Clerk of the City and a

complete executed duplicate thereof has been filed in the Office of the Director of

the Division of Local Government Services in the Department of Community Affairs

of the State of New Jersey, and such statement shows that the gross debt of the

City as defined in the Local Bond Law is increased by the authorization of the

bonds or notes provided for in this bond ordinance by $1,036,000, and the said

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obligations authorized by this bond ordinance will be within all debt limitations

prescribed by said Local Bond Law.

(d) An aggregate amount not exceeding $142,000 for items of

expense listed in and permitted under N.J.S.A. 40A:2-20 is included in the

estimated cost indicated herein for the purposes or improvements herein before

described.

SECTION 8. The full faith and credit of the City are hereby pledged

to the punctual payment of the principal of and the interest on the obligations

authorized by this bond ordinance. The obligations shall be direct, unlimited

obligations of the City, and the City shall be obligated to levy ad valorem takes

upon all the taxable property within the City for the payment of the obligations and

the interest thereon without limitation as to rate or amount.

SECTION 9. The City reasonably expects to reimburse any

expenditures toward the costs of the improvements or purposes described in

Section 3 hereof and paid prior to the issuance of any bonds or notes authorized by

this bond ordinance with the proceeds of such bonds or notes. This Section 9 is

intended to be and hereby is a declaration of the City's official intent to reimburse

any expenditures toward the costs of the improvements or purposes described in

Section 3 hereof to be incurred and paid prior to the issuance of bonds or notes

authorized herein in accordance with Treasury Regulations §150-2. No

reimbursement allocation will employ an "abusive arbitrage device" under Treasury

Regulations §1.148-10 to avoid the arbitrage restrictions or to avoid the restrictions

under Sections 142 through 147, inclusive, of the Internal Revenue Code of 1986,

as amended (the “Code”). The proceeds of any bonds or notes authorized by this

bond ordinance used to reimburse the City for costs of the improvements or

purposes described in Section 3 hereof, or funds corresponding to such amounts,

will not be used in a manner that results in the creation of "replacement proceeds",

including "sinking funds", "pledged funds" or funds subject to a "negative pledge"

(as such terms are defined in Treasury Regulations §1.148-1), of any bonds or

notes authorized by this bond ordinance or another issue of debt obligations of the

City, other than amounts deposited into a "bona fide debt service fund" (as defined

273.10.15

in Treasury Regulations §1.148-1). The bonds or notes authorized herein to

reimburse the City for any expenditures toward the costs of the improvements or

purposes described in Section 3 hereof will be issued in an amount not to exceed

$1,036,000. The costs to be reimbursed with the proceeds of the bonds or notes

authorized herein will be "capital expenditures" in accordance with the meaning of

Section 150 of the Code. All reimbursement allocations will occur not later than 18

months after the later of (i) the date the expenditure from a source other than any

bonds or notes authorized by this bond ordinance is paid, or (ii) the date the

improvements or purposes described in Section 3 hereof "placed in service" (within

the meaning of Treasury Regulations §1.150-2) or abandoned, but in no event

more than three years after the expenditure is paid.

SECTION 10. The City covenants to maintain the exclusion from

gross income under section 103(a) of the Code of the interest on all bonds and

notes issued under this bond ordinance.

SECTION 11. This bond ordinance shall take effect twenty (20) days

after the first publication thereof after final adoption, as provided by the Local Bond

Law.

Council Member

Intro

Second Yes No

Abstain Absent

Excused

Battaglia xDeputy Mayor Canestrino xSims x xGreenman x xMayor Labrosse x

CITY OF HACKENSACK


INTRODUCTION OF ORDINANCE NO. 11-2015, AN ORDINANCE AMENDING PART II ENTITLED “GENERAL LEGISLATION,”

CHAPTER 170 ENTITLED “VEHICLES AND TRAFFIC” FOR THE CITY OF HACKENSACK MUNICIPAL CODE TO AMEND SECTION 50

ENTITLED “SCHEDULE I: NO PARKING”

BE IT RESOLVED that the above ordinance, being Ordinance 11-2015 as introduced, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held

283.10.15

on March 23, 2015 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.


AN ORDINANCE AMENDING PART II ENTITLED “GENERAL LEGISLATION,” CHAPTER 170 ENTITLED “VEHICLES AND TRAFFIC” OF THE CITY OF HACKENSACK MUNICIPAL CODE TO AMEND SECTION 50 ENTITLED “SCHEDULE I: NO PARKING”

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”) wishes to amend wishes to amend Chapter 170 entitled “Vehicles and Traffic,” Section 50 entitled “Schedule I: No Parking” to amend the provisions regarding Clinton Place; and

WHEREAS, the City Council finds it in the City’s best interest to make this change.


SECTION 1. Chapter 170 entitled, “Vehicles and Traffic” is amended as to Section 50 entitled “Schedule I: No Parking,” is amended such that The City of Hackensack Municipal Code, Part II entitled “General Legislation,” states:

§170-50. Schedule I: No Parking.

In accordance with the provisions of § 170-7, no person shall park a vehicle at any time upon any of the following described streets or parts of streets:

Name of Street Side LocationClinton Place North From a point 140 feet east of the easterly

curbline of Clarendon Place to a point 257 feet easterly thereof

Clinton Place North From Pangborn Place to Main StreetClinton Place South From a point 270 feet east of the easterly

curbline of Clarendon Place to a point 190 feet easterly thereof

Clinton Place South From a point 392 feet east of the easterly curbline of Prospect Avenue to a point 95 feet easterly thereof

Section 2:

293.10.15



Council Member

Intro

Second Yes No

Abstain Absent

Excused

Battaglia x xDeputy Mayor Canestrino xSims x xGreenman xMayor Labrosse x

CITY OF HACKENSACK


INTRODUCTION OF ORDINANCE NO. 12-2015, AN ORDINANCE AMENDING CHAPTER 170 ENTITLED “VEHICLES AND TRAFFIC” OF PART II ENTITLED GENERAL LEGISLATION OF THE CITY OF

HACKENSACK MUNICIPAL CODE TO AMEND SECTION 170-71E(10) AND SECTION 170-71E(11)



AN ORDINANCE AMENDING CHAPTER 170, ENTITLED “VEHICLES AND TRAFFIC,” OF PART II ENTITLED “GENERAL LEGISLATION” OF THE CITY OF HACKENSACK MUNICIPAL CODE TO ADD SECTION 170-71E(10) AND SECTION 170-71E(11).

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”) wishes to amend Chapter 170, Section 71, entitled, “Residents only on-street parking,” to add Subsection 170-71(E)(10) and Subsection 170-71(E)(11) to provide parking regulations and provide designated parking spots for residents of Prospect Avenue; and

303.10.15

WHEREAS, N.J.S.A. 39:4-197 authorizes the City Council to pass an ordinance regulating the parking of vehicles on streets and portions thereof and regulating the parking of vehicles upon land owned or leased and maintained by the municipality, a parking authority or the board of education of a school district, including any lands devoted to the public parking of vehicles, the entrances thereto and exits therefrom; and

WHEREAS, N.J.S.A. 40:48-2.46 authorizes the City Council to may make, amend, repeal and enforce ordinances to regulate vehicular and pedestrian traffic and the parking of vehicles in parking yards and parking places, which are open to the public or to which the public is invited, whether maintained or operated separately or in conjunction with any business or enterprise; and

WHEREAS, N.J.S.A. 40:67-1 authorizes the City Council to may make, amend, repeal and enforce ordinances to prescribe the time, manner in which, and terms upon which persons shall exercise any privilege granted to them in the use of any street, highway, alley, or public place; and

WHEREAS, the Hackensack University Medical Center is located on the east side of Prospect Street between Essex Street and Atlantic Street and private residences and/or apartment complexes are located on the west side of Prospect Street between Essex Street and Atlantic Street; and

WHEREAS, the City Council finds that the increased use of motor vehicles of all kinds by the public and Hackensack University Medical Center has caused serious traffic congestion around Hackensack University Medical Center; and

WHEREAS, the City Council finds that the parking of an excessive number of motor vehicles on the streets has contributed to this congestion to such an extent as to interfere seriously with the primary use of such streets for the movement of traffic; and

WHEREAS, the City Council finds that such parking prevents the free circulation of traffic, impedes rapid and effective disposition of emergency personnel, included ingress and egress to and from the Hospital, and endangers the health, safety and welfare of the general public; and

WHEREAS, the City Council finds that this parking crisis which threatens the welfare of the community can be reduced by providing designated resident-only spaces in the Hackensack University Medical Center parking garage; and

WHEREAS, the City Council finds that the public safety and general welfare of the public will be promoted if parking regulations are imposed on and sufficient parking provided for the residents of surrounding Hackensack University Medical Center.


SECTION 1. Chapter 170, Section 71, entitled “Residents only on-street parking,” is amended to add Subsection 170-71E(10) and Subsection 170-71E(11), such that The City of Hackensack Municipal Code, Part II entitled “General Legislation,” states:

§170-71. Residents only on-street Parking.

E. The following streets and parts of streets are designated as resident-only parking

areas during the hours indicated;

(1) . . .

(10) Certain parking spaces in the Hackensack University Medical Center

Parking Garage, located on Atlantic Street between Prospect Avenue and

313.10.15

Second Street, shall be designated as twenty-four hours a day, seven-days

a week resident-only spaces. The spaces can be accessed via the western

most entrance. These spaces shall be available only to residents of the

buildings located between and including 2-4 Prospect Avenue and 64

Prospect Avenue who have obtained a valid parking permit pursuant to the

procedure described in Subsection B. The cost for the permit shall be $25

per month, payable before the first day of every month. The permits

required for the 24-hour resident-only spaces herein created shall be

different than, and distinguishable from, the permits required for the

metered spaces available pursuant to Subsection E(11). The permits issued

to residents to park in the 24-hours a day spaces are not valid for use in the

separate metered spaces.

(11) Resident-only parking shall be provided at all metered spaces in the

Hackensack University Medical Center Parking Garage, located on

Atlantic Street between Prospect Avenue and Second Street, between the

hours of 6:00 p.m. and 8:00 a.m. The use of these metered spaces shall be

available only to residents of the buildings located between and including

2-4 Prospect Avenue and 64 Prospect Avenue who have obtained a valid

parking permit pursuant to the procedure described in Subsection B. The

permits required for the metered, resident-only spaces herein created shall

be different than, and distinguishable from, the permits required for the

24-hour spaces available pursuant to Subsection E(10). The permits issued

to residents to park in the metered spaces are not valid for use in the

separate 24-hours a day spaces.

Section 2:



Council Member

Intro

Second Yes No

Abstain

Absent

Excused

Battaglia X XDeputy Mayor Canestrino X

323.10.15

Sims XGreenman X XMayor Labrosse X


RESOLUTION TO REDUCE 2014 LEVY BY TAX APPEAL JUDGMENTS

WHEREAS, pursuant to N.J.S.A. 40A:4-41(c) 2, which permits the tax collection rate used to compute the Reserve for Uncollected Taxes to be based on the reduction of the certified tax levy of the prior year by the amount of the tax appeal judgments; and

WHEREAS, it is desirous of the Mayor and Council of the City of Hackensack to reduce the 2014 certified tax levy by the amount of the appeal judgments resulting in a net tax levy of $162,886,964.62.

NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council of the City of Hackensack, that the 2014 tax levy be reduced by tax appeal judgments.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused

Battaglia X XDeputy Mayor Canestrino XSims X XGreenman XMayor Labrosse X

CITY OF HACKENSACK


RESOLUTION AUTHORIZING TAX COLLECTOR TO CONVERT BELOW CHARGES TO PROPERTY LIENS

WHEREAS, the Governing Body of the City of Hackensack finds and declares that N.J.S.A. 40:48-2.14 states in all cases where brush, weeds, including ragweed, dead and dying trees, stumps roots, obnoxious growth, filth, garbage, trash and debris are destroyed or removed from any dwelling or lands under any ordinance adopted pursuant to section 1 of P.L. 1943, c.71 (C.40:48-2.13) or section 1 of P.L. 1994, c.167 (C.40:48-2.13a); and

WHEREAS, N.J.S.A. 40:48-2:27 states in all cases where brush,

hedges and other plant life are cut from any lands within the limitations of section one hereof under any such ordinance, by or under the direction of an officer of the municipality; and

WHEREAS, N.J.S.A. 40:65-12 states the governing body may make, amend, repeal, and enforce ordinances to compel the owner or tenant of any lands abutting upon the public highways of the municipality, to remove all snow and ice form the abutting sidewalks and gutters of such highways within twelve hours of daylight after the

333.10.15

same shall fall or be formed thereon, and all grass, weeds and impediments therefrom within three days after notice to remove the same, and remove all grass, weeds and impediments from the portion of any street, or highway abutting on such lands, and to provide for imposition of penalties for violation of any impediments by the municipality where the owner or tenant of any such real estate shall fail to remove the same as provided in the ordinance. The cost of removal of any such snow, ice, grass, weeds or impediments from any sidewalk, gutter or public highway by the municipality shall be certified to the governing body of the municipality by the officer in charge thereof; and

WHEREAS, by or under the direction of an officer or code enforcement officer of the municipality, such officer or code enforcement officer shall certify the above costs thereof to the governing body, which shall examine the certificate, and if found correct, shall cause the cost as shown thereon to be charged against said dwelling or lands; the amount so charged shall forthwith become a lien upon such dwelling or lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such dwelling or lands, the same to bear interest at the same rate as taxes and shall be collected and enforced by the same officers and in the same manner as taxes; and

WHEREAS, the City of Hackensack has maintained the following properties by providing grass and lawn maintenance to the said properties:

141 Bonhomme Street Block 55 Lot 27 $ 165.00 60 River Street Block 201 Lot 05 $ 135.00

50 So. State Street Block 74 Lot 04 $ 135.00 110 Clinton Place Block 430 Lot 04 $ 255.00

TOTAL $ 690.00

NOW, THEREFORE BE IT RESOLVED, by the Governing Body of the City of Hackensack that the above charges are certified to the Municipal Tax Collector, Elisa Coccia, and she is authorized to convert the above charges to become a lien upon such lands.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused

Battaglia X XDeputy Mayor Canestrino XSims XGreenman X XMayor Labrosse X

CITY OF HACKENSACK


RESOLUTION AUTHORIZING THE CITY MANAGER TO PROVIDE WRITTEN NOTICE OF

343.10.15

INTENT TO TERMINATE INTER-LOCAL AGREEMENTS

WHEREAS, the City of Hackensack (“City”) entered into an interlocal services agreement with the Borough of Maywood (the “Borough”) for the collection of solid waste within the Borough (the “Agreement”); and

WHEREAS, the Agreement runs through July 30, 2015; and

WHEREAS, the terms of the Agreement permit either party to terminate it with or without cause upon 120 days written notice to the other party; and

WHEREAS, the City wishes to provide the required notice to the Borough to terminate the Agreement; and

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

1) The City Manager is hereby authorized to provide written notice to the Borough of the City’s intent to terminate the Agreement; and

2) The City Manager is authorized to terminate the Agreement after the expiration of the required notice period.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused

Battaglia XDeputy Mayor Canestrino XSims X XGreenman X XMayor Labrosse X

CITY OF HACKENSACK


RESOLUTION TO AUTHORIZE THE SUBMISSION OF A SFY 2015 SECTION 319(H) NONPOINT SOURCE POLLUTION CONTROL GRANT.

WHEREAS, the City of Hackensack desires to apply for and obtain funding through the New Jersey Department of Environmental Protection - SFY 2015 Section 319(h) Nonpoint Source Pollution Control Grant Program; and

WHEREAS, funding through this grant will be utilized for green infrastructure improvements along Atlantic Street to assist with mitigating non-point source pollution in the surrounding combined sewer overflow areas.

NOW THEREFORE BE IT RESOLVED, that the City of Hackensack does hereby authorize the application for such a grant; and recognizes and accepts that the New Jersey Department of Environmental Protection may offer a lesser or greater amount than requested within the grant application and therefore, upon receipt of the grant agreement from the New Jersey Department of Environmental Protection, does further authorize the expenditure of funds pursuant to the terms of the agreement between the City of Hackensack and the New Jersey Department of Environmental Protection.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack formally approves the grant application for the above stated project.

353.10.15

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK


RESOLUTION PROCLAIMING MARCH 15-21, 2015 AS NATIONAL POISON PREVENTION WEEK IN NEW JERSEY

WHEREAS, Congress designated the third full week in March to be National Poison Prevention Week (NPPW) in 1961 and since then this week has helped to raise national awareness of the dangers of potentially poisonous medicines, household chemicals, and other substances; and

WHEREAS, poison centers across the country will focus the public’s attention on identifying poisoning hazards at home as well as learning ways to prevent poisoning emergencies; and

WHEREAS, unintentional poisoning is the leading cause of unintentional injury death in New Jersey; and

WHEREAS, approximately half of all reported poison exposures involve children under six (6) years of age; and

WHEREAS, the majority of poisoning deaths occur in adults aged 20 to 59; and

WHEREAS, every poisoning is preventable from the youngest to the oldest, all people and even pets are at risk; and

WHEREAS, poison experts urge parents and caregivers to keep “single-load liquid laundry packets” out of sight and reach of young children; and

WHEREAS, consumers must be aware that e-cigarette devices, hookah pipes and liquid nicotine may contain very high doses of nicotine in enticing colors, aromas, and flavors, increasing the likelihood that small children and pets will be drawn to them; and

WHEREAS, the New Jersey Poison Information and Education System (NJPIEA) a division of the Department of Preventive Medicine and Community Health/NJ Medical School at Rutgers, the State University of New Jersey provides free, expert medical advice, drug information, and poison prevention education to New Jersey residents

363.10.15

through the Poison Help Hotline, 24 hours a day, 7 days a week, 365 days a year; and

WHEREAS, all services are free, confidential, and multilingual; and

WHEREAS, the New Jersey Poison Information and Education System is involved with the state’s efforts in homeland defense, counter-terrorism, emergency preparedness and response, and bio surveillance and surveillance for clusters of poisonings and their sources (products, food and beverages, chemical in the workplace and at home, environmental toxins, drugs and medicine, and animal and insect bites and stings.

NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the City of Hackensack do hereby proclaim the week of March 15-21, 2015 as National Poison Prevention Week in the City of Hackensack and New Jersey and encourage all citizens to pledge their commitment to ensuring the safety of themselves, their families and their community.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused

Battaglia XDeputy Mayor Canestrino X XSims X XGreenman XMayor Labrosse X

CITY OF HACKENSACK


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 LOT NAME YEAR REASON

$16,967.71 Multiple Block & Lots Corelogic Real Estate 2015Overpayment

See Worksheet Tax Service Attention: Tax Refunds One Corelogic Dr Mail Code: DFW 1-3 Westlake, TX 76262

$1,163.00 502 8 Palestroni Properties LLC 2015Overpayment

333 Sylvan Ave Englewood Cliffs, NJ 07632

373.10.15

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK


RESOLUTION AUTHORIZING RAFFLE LICENSE

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 #2090 Holy Trinity Church

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK


RESOLUTION AUTHORIZING EXECUTION OF SETTLEMENT AGREEMENT

WHEREAS, the Governing Body desires to resolve various claims for defense fees and

costs submitted to Selective Insurance Company pursuant to the primary and umbrella

insurance for Hackensack under policy no. S1731132 that was in effect during the policy period

December 31, 2008 to December 31, 2009.

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

City Attorney is authorized to settle said claims and execute the requisite settlement documents;

and

383.10.15

BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to retain a copy

of the settlement documents for public inspection.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


WHEREAS the statutory due dates for real estate taxes in the State of New Jersey are quarterly and the City of Hackensack extends the maximum 10 calendar day grace period per state statute,

WHEREAS property located at Block 323 Lot 29 assessed to Lucy Gervasi at 257 Park Street has been charged interest in the amount of $19.91 on 2015 first quarter,

WHEREAS Mrs. Gervasi stated that she walked her payment in to City Hall on February 9, 2015 in the amount of $2,929.00 for property taxes,

WHEREAS the tax office was unable to locate this check and the payment history of this account reflects payment has been made on time for the past six years,

BE IT RESOLVED that the Tax Collector is hereby permitted to cancel interest in the amount of $19.91. Backup is on file in the Tax Collector’s office.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK


RESOLUTION AUTHORIZING TAX COLLECTOR TO CANCEL INTEREST FOR BLOCK 56, LOT 8


393.10.15

WHEREAS property located at Block 56 Lot 8 assessed to Luis & Estella Becerra at 142 Bonhomme Avenue has been charged interest in the amount of $9.40 on 2015 first quarter,

WHEREAS Mr. Becerra stated that he left his check on the tax counter in City Hall on February 9, 2015 in the amount of $2,009.00 for property taxes,

403.10.15

WHEREAS the tax office was unable to locate this check and the payment history of this account reflects payment has been made on time for the past six years,

BE IT RESOLVED that the Tax Collector is hereby permitted to cancel interest in the amount of $9.40 and as a result of the interest being paid, the tax collector is authorized to apply a credit to the second quarter of 2015 accordingly for Block 56 Lot 8 as requested by the taxpayer. Backup is on file in the Tax Collector’s office.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK


RESOLUTION AUTHORIZING TAX COLLECTOR TO CANCEL INTEREST FOR BLOCK 118, LOT 7.02


WHEREAS property located at Block 118 Lot 7.02 assessed to Ralph & Edel Ventura at 307 Standish Avenue has been charged $9.85 in interest on 2015 first quarter,

WHEREAS Mr. Ventura stated that he placed his original check #1548 in the amount of $2,065 for property tax in the drive-thru payment drop box located in the driveway exiting State Street on February 2, 2015 when City Hall was closed during a snow storm and is disputing the interest,

WHEREAS the tax office was unable to locate the original check and the payment history of this account reflects payment has been made on time for the past six years,

BE IT RESOLVED that the Tax Collector is hereby permitted to cancel interest in the amount of $9.85 and as a result of the interest being paid and the tax collector is authorized to apply a credit to the second quarter of 2015 accordingly for Block 118 Lot 7.02 as requested by the taxpayer. Backup is on file in the Tax Collector’s office.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused

Battaglia X XDeputy Mayor Canestrino X

413.10.15

Sims X XGreenman XMayor Labrosse X

CITY OF HACKENSACKRESOLUTION NO. 97-

15

RESOLUTION SETTING COMPENSATION FOR

TAX APPEAL ATTORNEY

WHEREAS, on September 17, 2013 the City of Hackensack qualified and appointed various professional service providers, including Marc Raso as City Tax Appeal Attorney; and

WHEREAS, the compensation for 2013/2014 Tax Appeal Attorney services was established as “not to exceed $100,000 without the express written authorization of the City;” and

WHEREAS, on August 4, 2014 the City of Hackensack qualified and appointed various professional service providers, including Marc Raso as City Tax Appeal Attorney; and

WHEREAS, the compensation for 2014/2015 Tax Appeal Attorney services was established as “not to exceed $50,000 without the express written authorization of the City;” and

WHEREAS, the City has been engaged in numerous and voluminous tax appeal negotiations, including the final adjudication of many tax appeal settlements that were previously negotiated but never finalized, since the time of his first appointment.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hackensack, County of Bergen that the 2013/2014 “not to exceed” amount of $100,000 for Tax Appeal Attorney services be increased, with the new compensation to be “not to exceed $213,000 without the express written authorization of the City,” and

BE IT FURTHER RESOLVED, by the Mayor and Council of the City of Hackensack, County that the 2014/2015 “not to exceed” amount of $50,000 be increased, with the new compensation to be “not to exceed $200,000 without the express written authorization of the City.”

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK


RESOLUTION AWARDING CONTRACT FOR REMEDIAL INVESTIGATION SERVICES TO T & M ASSOCIATES – HACKENSACK FIRE

HEADQUARTERS

423.10.15

WHEREAS, the City of Hackensack requires Remedial Investigative Services for the Hackensack Fire Headquarters at 215 State Street; and

WHEREAS, the City solicited Requests for Proposals regarding said services; and

WHEREAS, proposals were received from Arcadis Engineering and T&M Associates; and

WHEREAS, it was determined that the proposal from T&M Associates was most advantageous to the City in light of T&M’s broad knowledge of the issue as a result of their previous contract with the City for this remediation.

NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack, County of Bergen, as follows:

1. T&M Associates of 11 Tindall Road Middletown, NJ 07748 is hereby awarded a contract in the amount not to exceed $55,800 for “Product Recovery Operations and Remedial Investigative Services – Hackensack Fire Department – 215 State Street” in accordance with the specifications advertised thereof.

2. A Certification of Funds has been prepared and authorized by the Chief Financial Officer 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.

3. The City Manager is hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The City Attorney shall review any and all contractual documents prepared in furtherance of this award.

Mayor and Members of the City CouncilA8-2015

AFFIDAVIT

In accordance with N.J.S.A. 52:27BB-10 and 40A: 4-57. I do hereby certify that funds are available and the attached resolution can be adopted.

PURPOSE: Product Recovery Operations /

Remedial Investigative Services – Hackensack Fire Dept.

VENDOR: T&M Associates11 Tindall Rd. Middletown, NJ 07748

ACCOUNT: 5-01-27-330-332-204 NOT TO EXCEED:$55,800

433.10.15

______________________ James A. Mangin, CFO / QPAMarch 10, 2015

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK


EMERGENCY TEMPORARY APPROPRIATIONPrior to the Adoption of the budget

Per N.J.S.A. 40A:4-20WHEREAS, an emergency condition has arisen with respect to

the need to make payments for operating expenses prior to the adoption of the budget, and no adequate provision has been made in the 2015 temporary budget for the aforesaid purpose; and

WHEREAS, N.J.S.A. 40A:4-20 provides for the creation of an emergency temporary appropriations for the purpose above mentioned; and

WHEREAS, the total emergency temporary appropriations adopted in the year pursuant to the provision of N.J.S.A. 40A:4-20 (Chapter 96, P.L. 1951 amended) including this resolution total $368,500.

NOW THEREFORE BE IT RESOLVED, (not less than two-thirds of all members therefore affirmatively concurring) that in accordance with N.J.S.A. 40A:4-20:

1. An emergency temporary appropriation be and the same is hereby made for:

TEMPORARY BUDGET APPROPRIATION S&W O/E TOTAL

Tax Assessment – O/E 5-01-20-150-150-200 100,000 100,000Code Enforcement– O/E 5-01-22-200-201-200 5,000 5,000Community Dev – O/E 5-01-22-200-202-200 50,000 50,000

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Gen Liability Insurance 5-01-23-220-220-200 100,000 100,000Traffic Control – O/E 5-01-25-240-242-200 10,500 10,000Snow Removal – O/E 5-01-26-290-291-200 50,000 50,000

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Street Cleaning – O/E 5-01-26-300-302-200 5,000 5,000Recycling – O/E 5-01-26-305-306-200 5,000 5,000Shade Tree – O/E 5-01-26-313-313-200 3,000 3,000Public Health Clinics 5-01-27-330-330-200 5,000 5,000Health Dept. – O/E 5-01-27-330-331-200 10,000 10,000Parks/Playground- O/E 5-01-28-375-375-200 10,000 10,000Public Events – O/E 5-01-30-420-420-200 15,000 15,000

Total $368,500

2. That said emergency appropriation will be provided for in the 2015 operating budget in full.

3. That three certified copies of this resolution be filed with the Director of the Division of Local Government Services

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK


RESOLUTION AUTHORIZING THE AMENDMENT OF RESOLUTION 458-14 FOR THE PROPOSED BERGEN COUNTY COMMUNITY

DEVELOPMENT GRANTS 2015-2016WHEREAS, 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 amend Resolution 458-14 to add and confirm endorsement of the following projects.

APPLICANT PURPOSE AMOUNT

Family Teen Center Project Expenses $ 96,100Family Teen Center Cosmetic Renovations

$250,000

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.

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Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK


RESOLUTION AUTHORIZING EXECUTION OFSETTLEMENT AGREEMENT

WHEREAS, the City of Hackensack (the “City”) and Hackensack University Medical Center (“HUMC”) have worked together to amicably settle any and all claims by either party against the other; and

WHEREAS, the Mayor and Council desire to resolve certain outstanding matters with Hackensack University Medical Center including tax appeals and other various claims; and

WHEREAS, said claims include all pending tax appeals for Block 235, Lot 1.X; Block 233, Lot 12; Block 235, Lot 1.GLCX; and Block 236, Lot 1.02; and

WHEREAS, the parties wish to also settle various claims arising out of the Developers Agreement dated February 26, 2008 by and between the City of Hackensack and Hackensack University Medical Center.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the City Manager is authorized to settle said claims and execute the requisite settlement documents; and

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

Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK


RESOLUTION QUALIFYING PROSECUTOR AND ASSISTANT PROSECUTOR

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WHEREAS, it has become necessary for the City of Hackensack (“City”) to

engage a prosecutor and assistant prosecutor; and

WHEREAS, the City of Hackensack desires to appoint the position by a “fair and

open process” pursuant to N.J.S.A. 19:44A-20.1 et seq.; and

WHEREAS, the City issued and advertised requests for qualifications (“RFQ’s”)

on the City’s website and in official newspapers on December 1, 2014; and

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WHEREAS, qualification statements by professionals were submitted to the City

by December 11, 2014, at 10:00 a.m.; and

WHEREAS, the qualification statements were reviewed to determine applicants

that have met the minimum professional, administrative and financial criteria described in

the RFQ and based upon the totality of the information contained in the qualification

statements, including information about the reputation and experience of each applicant

and ability to best serve the needs of the City of Hackensack; and

WHEREAS, the City finds it in its best interests to now qualify a prosecutor and

assistant prosecutor.

NOW, THEREFORE, LET IT BE RESOLVED, by the Council of the City of

Hackensack, that the City finds it in its best interests to qualify Frank Catania Esq. as

municipal prosecutor and Lynn Schwager Esq. as the municipal assistant prosecutor.; and

BE IT FURTHER RESOLVED, that the City Manager is authorized to

negotiate the terms of professional services agreements, which shall be awarded by

separate resolution.

Council Member

Intro

Second Yes No

Abstain

Absent

Excused



RESOLUTION AUTHORIZING CY 2015 BUDGET TO BE READ BY TITLE ONLY

WHEREAS, N.J.S.A. 40A:4-8 provides that the budget be read by title only at the time of the public hearing if a resolution is passed by not less than a majority of the full governing body, providing that at least one week prior to the date of hearing a complete copy of the approved municipal budget as advertised has been posted in the Municipal building and copies have been made available by the clerk to persons requiring them; and

NOW, THEREFORE BE IT RESOLVED, that the CY 2015 Municipal Budget shall be read by title only.

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Council Member

Intro

Second Yes No

Abstain

Absent

Excused


CITY OF HACKENSACK


RESOLUTION AUTHORIZING THE2015 MUNICIPAL BUDGET INTRODUCTION

Section 1.

Municipal Budget of the City of Hackensack, County of Bergen for the Fiscal Year 2015

BE IT RESOLVED, that the following statements of revenues and appropriations shall constitute the Municipal Budget for the Year 2015.

BE IT FURTHER RESOLVED, that said Budget be published in the Bergen Record in the issue of March 13, 2015.

The Governing Body of the City of Hackensack does hereby approve the following as the Budget for the Year 2015.

Notice is hereby given that the Budget and Tax Resolution was approved by the Mayor and Council of the City of Hackensack, County of Bergen, on March 10, 2015.

A Public Hearing on the Budget and Tax Resolution will be held at Council Chambers – City Hall, 65 Central Avenue, Hackensack, New Jersey on Tuesday, April 7, 2015 at 8:00 pm at which time and place objections to said Budget and Tax Resolution for the year 2015 may be presented by taxpayers and other interested persons.

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Council Member

Intro

Second Yes No

Abstain

Absent

Excused

Battaglia X XDeputy Mayor Canestrino X XSims XGreenman XMayor Labrosse X

CITY OF HACKENSACK


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 $8,347,492.36Grants 381.97Payroll 1,507,901.87Public Parking System 775.33Capital 930,826.38Escrow 31,132.74Trust Account 120,182.76Total Expenditures 10,938,693.41Interfunds/Transfers 132,075.30

Public Comment

A motion was made by Councilman Sims and seconded by Deputy Mayor Canestrino to open the meeting to the public.

John Cascione – Jackson Avenue- I want to question the City Manager. You know anything about what went on Vreeland Avenue on Friday at 1:30pm. You never saw what’s going on over there at 1:30 p.m? City Manager responds. Cars are only supposed to park 21 cars and there are about 50 cars. Traffic knows all about it but nobody does anything. Cars parked all over there. City Manager comments. What they told me is you would take care of this matter. Who is the Police Director. What he do he do anything? Mike is supposed to do that job? City Manager comments. I suggest you take a ride so you can see yourself what’s going on. I am a long time in this town and I know everybody. I can’t get out from my driveway in the morning. There is a line of cars. Mayor comments on this issue.

Maria Cascione- Vreeland Avenue- On a Friday afternoon it is a nightmare between the exit of Route 80, the traffic, the schools and Hudson Street. It takes me twenty minutes to cross the street to go by my brother. There

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supposed to be only 21 cars but there is about 40 or 50 cars in the parking lot, including parking on the no parking side. Cars are by stop signs, by fire hydrants, and now they take even Williams Avenue. Next month they put in a petition they want to get rid of private residents and enlarge the place. City Manager responds. The president approached me nicely and made a suggestion if I would offer to let them park in my driveway. Would you think I would let them do something stupid like that? That’s place has to be limited. City Manager responds to process. Mayor comments on illegal parking issue.

Richard Cerbo- Spring Valley Avenue- Maybe the city could find someone with some interpersonal skills to talk to our Muslim Brothers. I want to go back to last meeting when Councilwoman Greenman ended by saying why do we need a sports dome. Why do we need a sports dome when things are so tight? Also, Mr. Mayor last week mentioned to Mr. Coli that he didn’t think we’d ever see lower taxes in Hackensack. Wow, home owners really want to hear that and they will hear it. We won’t let you forget that. The presentation tonight was plain facts on the screen, I guess it was a good job. I don’t see the reason for all the praise. On those numbers I wanted to ask could we get a total on the list of development projects you have going and the total they scored on tax breaks. I am wondering what they walked away with in tax breaks. Also this is not a big city Mr. Troast and you are running it like a big city, cut back. This is a small city. You’re running it like its New York City so where does the spending go from here. I just wanted to remind everyone our Police and Fire are the highest paid in the country. We haven’t had any population growth in Hackensack for a long time so Police and Fire are well paid and so are all employees in Hackensack so to hold the line on contracts is ok. Now that salaries are way up top why not hold the line on those for a while. We understand it was a problem but you can’t keep using it. It’s just tiring hearing it. We don’t know how true the facts are. Thank you for allowing me my time.

Mr. Gaillard - Standish Avenue- I put before the council a suggestion about the snow and the cars parked about not being ticketed or removed from snow. The city manager was supposed to get back to me. I know no parking on the downhill but on the other side I wasn’t sure. Over the whole weekend the cars were parked there. It should be cleared from curb to curb and it’s not being done. The reason why I speak this way, my mirrors were smacked because of snow. It’s got to be one or the other on the same side, no two sets of rules. About the budget, since Hackensack has a lot of tax free property, I don’t think any town of the county has as much tax free properties. We can get some revenue from those tax free properties.

Kathy Salvo-Hudson Street- Basically the last three people are talking about the same thing. The signs went up but no one is enforcing them. You can’t ticket someone unless the signs are there. The masque, its not being enforced they park in front of fire hydrants and when I went to look at the application the architect has put parking spaces on the fire zone for people to park and it’s not acceptable. You’re talking about a lot of people praying in the building and if their blocking the fire zone that’s even worse. It’s an accident waiting to happen. They do not have the parking for this facility. Everyone comes to pray at that hour, this application doesn’t make sense. They also have to show they have a lease from the church for at least 50 years. The neighborhood can’t accommodate them. Every elementary school has a problem and it’s all about parking. These mothers literally drive past and throw the kids out of the car. They’re supposed to put the kids out on the other side. Traffic does not enforce. I commend you on the budget. Yes we will have a burden on these tax appeals. You’re going to be hearing it, we have to pay them. I want to commend Lenny, he went to the County Freehold Meeting and he told them the property should give it to the City of Hackensack and they should turn it over on us. They laugh when you tell them that. We are a big City all day long. Our police and fire department has to do all the calls, and it’s not just for the citizens of Hackensack. During the

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night we aren’t but in the day we are. That’s why we have a big police and fire department.

Paul Incalcaterra- Hackensack- I have a question regarding demolition on Main Street, they started but then they stopped does anyone know why. City Managers responds. That piece of property on Kansas Street they just put up some fencing, I was wondering what was happening with those. They just recently put up cyclone fences. Mayor comments on why they may have put fences up. The other thing is one block West of that Hudson Street and Kanas Street there is a house I think it’s a home for the disabled. Recently I put a call in to the City Manager, there was 18 garbage bags sitting on the curb. They switched me over to DPW and the DPW picked up 15 of them. Does the recycling need to be in separate bags? I think it’s a home for the disabled but I think they have to abide by the rules too. They opened up the airport to the corporate world, why don’t we fine them every time they make a lot of noise in our air space. We live here, it’s not enough. I will leave that with a smile.

Regina DiPasqua-Parker Avenue- The tax appeals, its real numbers real facts it’s a can that’s been kicked down the road and you guys are handling it and it’s got to be done. I realized from the presentation our DPW is our most underrated department. The things they do you only notice if they don’t do it. As far as the Fire Department you couldn’t pay me enough to do their job. They are the first responders for car accidents. They’re very important and they care about us and they know us. As far as everybody with this parking with the snow but now we got nine months to figure it out for next year. It was horrible this year. I sent most of you an email and most of you know I got an email back. The email I got back I wish it was a joke from traffic. This is an email from traffic, there is no enforcement. Enforcement is a joke but it’s not funny.

Chris Coli- Prospect Ave- This year is the first time I’ve seen the Hackensack Police Department coming down the street saying it’s snowing please move your cars. I also applied for a parking permit for the Atlantic Street Parking Garage and they took it away and said I wasn’t entitled to it because I didn’t live in the right building. I used to take my car and put it in the parking garage but I got tickets for using that parking garage and they told me I illegibly got the parking permit, so I gave it back. All the years I have been here it’s been a meeting hall only but it has never been a masque. All that parking problem down there I don’t know how it’s happening but it was never a masque. My main subject is the soccer dome, someone told me this was for the children of Hackensack not the out of town leagues. Johnson Park on its own has no parking. Who will pay for the police security for this soccer dome? Now you’re going to have out of town people using somebody else’s parking lot. How many other towns have this particular use? We are building something brand new and listening to everything you said about the budget can’t we step back and let the town breathe for a couple of years. We pay for the school board. I think they should have to be able to adapt to the city budget. The last mayor had an agreement with the county that when they give up the DPW and County Police Department that property was going to be turned over to us and turned into apartment buildings to bring in rateables for us. Now you’re going to tell me it’s not here no more.

Lenny Nix-Hackensack- That masque is going to go in front of the planning or zoning boards and I think they got a lot of violations. You can make somebody go. As far as parking tickets go I got a parking ticket in front of the post office. He comes back with a violation for blocking traffic on State Street. I don’t need him standing next to me. I had it with the cops. I asked for two cops tonight. We need two cops here at night. I am sick of the Police Department. The building department is inadequate.

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A motion was made by Councilman Sims and seconded by Deputy Mayor Canestrino to close the meeting to the public.

Council Comments

Councilman Battaglia-Thank you Jim, David and to the Financial Committee for creating the presentation. As per the tax appeals, these are the facts. The City never honored the thirty million dollars owed during 2004-2005. The dome will provide the ability for children to play numerous sports. I’ve been seeking to do this for years and the previous administration wasted the opportunity to have one built for free. There were meetings with the City Manager, City Attorney, Mr. Zisa, and they kept postponing. The man decided not to wait any longer and built a facility in Carlstadt on Washington Ave. The kids deserve to have it. Places like Garfield, Passaic, Lincoln Park, Montclair, Waldwick, Wayne, and Teaneck. The question is how the facility is going to be maintained. The kids will play until 8p.m. during the week. Afterwards it can be rented. Hackensack will play for free. Others can be charged $250 for one field. There will be four fields. A manager or assistant manager will maintain the facility and make sure it’s clean. It will be used to create good citizens out of our children. Cops can be called and will be there quickly if anyone gets out of line. Do your homework. Visit one of these facilities. There is no place to play in the evenings. Are we going to pay $250-300 an hour? We don’t have that kind of money. I saw about 50 kids playing in the field on the snow. They can get hurt. It’s not for me. It’s for the kids.

Deputy Mayor Canestrino- For those who live on Prospect Avenue, the street is on a list to be paved and was included in one of the introduced ordinances. In regards to the shared garbage services with Maywood, after a thorough look at what it was costing us, it was concluded that we were not making any revenue. Therefore, the agreement was dissolved. If we were making revenue then it would be a great idea. Shared services will remain an option, but we cannot share that burden with our fellow town. The Recreation Department is hosting a Senior Citizen Luncheon on St. Patrick ’s Day. Hope to see you all there. A running theme tonight was about parking tickets and parking enforcements. Mr. City Manager, we need to come up with a plan and correct the problem. As far as the parking at the mosque; if there is illegal parking, absolutely, they should be ticketed. The City Manager explained that the Council is not permitted to get involved with changing in use of the building. That goes before the Zoning Board and the public is encouraged to go to those meetings and relay those messages to the Board. Mr. Cerbo, to say that this budget is plain and simple, nothing is further than the truth. To sit down and do a budget such as this is the furthest thing from plain and simple. As far as the Tax Appeals go, you will continue to hear about it. We are presenting the facts and issues to you because we are being open and transparent. We have a plan and we are handling it. Leo answered the questions regarding the dome. If anyone has questions you may as me or the Council afterwards.

Councilman Sims – As the Deputy Mayor mentioned, the Senior Luncheon will be held on St. Patrick’s Day. Please call the department to receive a ticket in order to attend. I am overwhelmed that we are putting a second splash park in Carver Park. Hopefully it will be together by mid-July. In regards to the summer series concerts, hopefully the Atlantic Park Theater will be done by the end of May and we can have a couple of concerts in the park. Regina, Ms. Salvo, we have heard some of your complaints and we will address them. Jim and Dave, you guys did a great job with the budget. Thank you.

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Councilwoman Greenman- Kudos to everyone involved you did a good job on the budget. I wanted to bring to your attention that we are bringing up the cause of human trafficking. I attended an event and there’s a book called can you hear us. I will bring this book to the library so everyone can read about it so we can try and stand up against human trafficking. I want to thank everyone for coming and good discussion. I appreciate everyone stating their opinion. Have a good night and no more snow and parking problems.

Mayor Labrosse- We are finally paving Prospect, it is the most traveled street in Hackensack. More people live on that street that any street in the County. Because it is an emergency route it takes a beating. I am glad we are able to accomplish getting that paved. I am excited for the Splash Park. I don’t even know if we are breaking even, the state recommends having shared services with municipalities but it didn’t work out. Parking at the masque, we need to enforce it, there could be solutions here. Mr. Cerbo, I know you didn’t like the idea of the bubble. This City has let their Recreation Center go for so long. The kids in this town deserve to have a facility. This bubble is a multi-use feature. I’ve been involved in youth sports all my life you’re going to have situations with your children. I wish the day comes where you can say that I was wrong about lowering taxes. It’s impossible unless we fire half the city. Only one developer has received a tax break. I don’t know where you came up with that we have the highest paid Police and Fire paid in the country but I will look into it. Snow and the parking enforcement stunk this year and it has to be fixed. Zisa agreement I would like to look into that and we need it in writing. I think out teachers do a great job in this town. Paul I want to thank you for bringing up those areas. Small city as cities go we are a small city until 8:00 in the morning. I think Mr. Troast is doing a good job. We are responsible for everyone in the city. Thank everyone for coming.

There being no further business the meeting was adjourned at 10:40 p.m.

Approved by Mayor and Council on April 20, 2015.

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