The Regular Meeting of the City Council of the City of Hackensack was held at City Hall, 65 Central Avenue, Hackensack, New Jersey, on Wednesday, February 19, 2014, at7:00 p.m.

Mayor Labrosse called the meeting to order andthe announcement was read 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.

Ms. Karlsson called the roll:

Present – Mayor John P. Labrosse, Jr., Deputy Mayor Kathleen Canestrino, Councilman Leonardo Battaglia, Councilman David Sims and Councilwoman Rose Greenman. Interim City Manager Anthony Rottino andCity Attorney Thomas P. Scrivo were also present.

Approval of Minutes for January 6, 2014 C.O.W. Meeting, January 7,2 014 Regular Meeting, January 28, 2014 C.O.W. Meeting and January 28, 2014 Regular Meeting.

Council Member / Intro / Second / Yes / No / Abstain / Absent / Excused
Battaglia / x
Deputy Mayor Canestrino / x / x
Sims / x
Greenman / x / x
Mayor Labrosse / x

A proclamation was read and presented to Nellie K. Parker School for recognition as being a Top 10 School by Jersey CAN: the New Jersey Campaign for Achievement Now. Another proclamation was read by Mayor Labrosse proclaiming the month of January as Human Trafficking Awareness Month.

Sgt. James W. Prise, Jr. was promoted to Lieutenant and sworn in by Mayor Labrosse.

City Manager’s report –

Mr. Rottino thanked all for their work during the snow storm, noted that everyone was low on salt and that 150 tons was coming tomorrow, February 20, 2014. He and the CFO had compared the numbers from the last year where significant snowfall was recorded and that was 2009.

During the snowstorm the City put into effect Parking without Penalty, which allowed residents to park in municipal lots such as Lot C, Recreation Center and Atlantic Street. A reverse 911 call was made to residents relaying this information and this service has been set up for use in the future.

To date we have sold at auction 11 cars that were being stored at DPW and there are about a dozen more to be sold.

Council Member / Intro / Second / Yes / No / Abstain / Absent / Excused
Battaglia / X
Deputy Mayor Canestrino / X / X
Sims / X / X
Greenman / X
Mayor Labrosse / X

RESOLUTION NO. 48-14

FINAL ADOPTION OF ORDINANCE NO. 4-2014, AN ORDINANCE AMENDING ATTACHMENT 1 TO CHAPTER 107a, ENTITLED “ENUMERATION OF LICENSES, MISCELLANEOUS SERVICES AND FEES,” OF PART II ENTITLED “GENERAL LEGISLATION” OF THE CITY OF HACKENSACK MUNICIPAL CODE

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

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

PUBLIC HEARING – No one wished to comment

Motion offered by Deputy Mayor Canestrino and seconded by Councilman Battaglia 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. 4-2014 has passed its second and final reading and is hereby adopted.

CITY OF HACKENSACK

ORDINANCE NO. 4-2014

AN ORDINANCE AMENDING ORDINANCE No. 26-2012, AMENDING ATTACHMENT 1 TO CHAPTER 107a, ENTITLED “ENUMERATION OF LICENSES, MISCELLANEOUS SERVICES AND FEES,” OF PART II ENTITLED “General Legislation” OF THE CITY OF HACKENSACK MUNICIPAL CODE

WHEREAS, the City of Hackensack (“Hackensack”) is in need of amending Ordinance No. 26-2012, amending Amendment 1 to Chapter 107a such that the fees reflect the increased costs of vaccines.

NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF HACKENSACK, as follows:

Section 1.Ordinance 26-2012 is amended such that The City of Hackensack Municipal Code, Part II entitled “General Legislation,” Attachment I to Chapter 107a, entitled “Enumeration of Licenses” states:

Type of License / Fee
… / …
Health Department
Administration of non-Medicare
reimbursed influenza vaccine / $15
Administration of non-Medicare
reimbursed pneumococcal vaccine / $65
Administration of state or federally
supplied vaccines to non-Hackensack
resident adults / $15
Council Member / Intro / Second / Yes / No / Abstain / Absent / Excused
Battaglia / X
Deputy Mayor Canestrino / X / X
Sims / X
Greenman / X / X
Mayor Labrosse / X

RESOLUTION NO. 49-14

FINAL ADOPTION OF ORDINANCE NO. 5-2014, AN ORDINANCE ADOPTING 150-170 MAIN STREET REDEVELOPMENT PLAN GOVERNING Block 302, Lots 4, 5.01, 5.02, 6, 7, 8, 9 and 10

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

Motion offered by Councilwoman Greenman and seconded by Deputy Mayor Canestrino that there be a public hearing.

PUBLIC HEARING – No one wished to comment

Motion offered by Councilwoman Greenman and seconded by Deputy Mayor Canestrino 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. 5-2014 has passed its second and final reading and is hereby adopted.

ORDINANCE NO. 5-2014

CITY OF HACKENSACK

COUNTY OF BERGEN

ORDINANCE ADOPTING 150-170 MAIN STREET REDEVELOPMENT PLAN GOVERNING Block 302, Lots 4, 5.01, 5.02, 6, 7, 8, 9 and 10

WHEREAS, the City of Hackensack, in the County of Bergen, State of New Jersey (“the City”) is authorized pursuant to N.J.S.A. 40A:12A-5 to determine that a delineated area in the City is an area in need of redevelopment; and

WHEREAS, in order to make that determination, the City Council must first authorize the City’s Planning Board to undertake a preliminary investigation to determine whether a proposed area is a redevelopment area according to the criteria set forth in N.J.S.A. 40A:12A-5 and N.J.S.A. 40A:12A-3; and

WHEREAS, on November 12, 2013, the Mayor and Council authorized and requested that the Planning Board to undertake a preliminary investigation (“the Investigation”) to determine whether Block 302, Lots 4, 5.01, 5.02, 6, 7, 8, 9 and 10 (“the Area of Investigation”) constitutes an “area in need of redevelopment” according to the criteria set forth in N.J.S.A. 40A:12A-5 and N.J.S.A. 40A:12A-3, and this property being commonly known as 150-170 Main Street; and

WHEREAS, the Mayor and Council also authorized its planning consultant, DMR Architects (“DMR”) to assist the Planning Board in the Investigation and the Planning Board appointed DMR to conduct the necessary redevelopment investigation; and

WHEREAS, consistent with the requirements set forth in N.J.S.A. 40:12A-6, the Planning Board specified and gave notice that on January 8, 2014 a hearing would be held for the purpose of hearing all persons who are interested in or would be affected by a determination that the properties in the Area of Investigation are a redevelopment area as that term is defined in Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. (“LRHL”); and

WHEREAS, DMR prepared a “Report of Preliminary Investigation for Determination of an Area in Need of Redevelopment for the Area of Investigation (the “Investigation Report”) that was publicly presented after adequate notice before the Planning Board on January 8, 2014; and

WHEREAS, the Investigation Report determined that the Area of Investigation, which is already part of the City’s Main Street Rehabilitation Area designated in 2012, evidences significant blighting conditions and characteristics that qualify the Area of Investigation as an “area in need of redevelopment” because it collectively satisfies the “a” “b” “d” and “e” criteria of the LRHL under N.J.S.A. 40A:12A-5; and

WHEREAS, on January 8, 2014, the Planning Board held a public hearing concerning the Area of Investigation at which Brian M. Nelson, Esq. of Archer & Greiner PC represented the Mayor and Council of the City and Joseph Mecca, Esq. represented the Planning Board of the City; and

WHEREAS, on January 8, 2014, the Planning Board received the uncontested testimony of Fran Reiner, L.L.A., P.P. of DMR and Mr. Reiner provided an eye witness account of the conditions that he observed at the Area of Investigation which confirmed the description of conditions found in the Investigation Report and Mr. Reiner also gave testimony concerning the relationship of the observed conditions to the redevelopment criteria and the decadent effect that these blighting conditions were having on the surrounding properties; and

WHEREAS, the Planning Board hearing was opened to the public on January 8, 2014 for the purpose of hearing all persons who are interested in or would be affected by a determination that the Area of Investigation is a redevelopment area; and

WHEREAS, after completing its hearing and investigation of this matter on January 8, 2014, the Planning Board determined to recommend that the Mayor and City Council designate the Area of Investigation as a redevelopment area because the Investigation Report and testimony of Fran Reiner provide substantial evidence that the Area of Investigation meets the criteria enumerated in the Investigation Report and that the Area of Investigation is in fact a blighted area that is having a decadent effect on surrounding properties; and

WHEREAS, on January 28, 2014, the Mayor and City Council adopted a resolution concurring with the Planning Board’s findings and has determined to designate the Area of Investigation as an “area in need of redevelopment” pursuant to the LRHL; and

WHEREAS, at the direction of the Mayor, City Council and the Planning Board, DMR has prepared a Redevelopment Plan entitled “150-170 Main Street Redevelopment Plan” dated January 2014 (the “150-170 Main Street Redevelopment Plan”); and

WHEREAS, the Mayor and City Council wishes to adopt the 150-170 Main Street Redevelopment Plan for the area designated in need of redevelopment consisting of Block 302, Lots 4, 5.01, 5.02, 6, 7, 8, 9 and 10; and

WHEREAS, N.J.S.A. 40A:12A-7 requires the adoption of redevelopment plans by ordinance with the Planning Board reviewing the plan for consistency with the Master Plan of the City of Hackensack prior to final adoption, which referral has taken place, and a report being returned from the Planning Board as to such consistency with the Master Plan.

NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the City Council of the City of Hackensack in the County of Bergen, State of New Jersey, as follows:

SECTION 1. 150-170 Main Street Redevelopment Plan. The “150-170 Main Street Redevelopment Plan” prepared by DMR and attached hereto as Exhibit A and by the reference made a part hereof is hereby approved and adopted pursuant to N.J.S.A. 40A:12A-1 et seq.

SECTION 2. Severability. If any section, subsection or paragraph of this ordinance be declared unconstitutional, invalid or inoperative, in whole or in part, by a court of competent jurisdiction, such chapter, section subchapter or paragraph shall to the extent that is not held unconstitutional, invalid or inoperative remain in full force and effect and shall not affect the remainder of this ordinance.

SECTION 3. Repealer. All ordinances and resolutions, and parts of ordinances and resolutions which are inconsistent with provisions of this ordinance shall be, and are hereby, repealed to the extent of any such inconsistency.

SECTION 4. Effective Date. This ordinance shall take effect after final adoption and approval pursuant to law.

Council Member / Intro / Second / Yes / No / Abstain / Absent / Excused
Battaglia / X / X
Deputy Mayor Canestrino / X / X
Sims / X
Greenman / X
Mayor Labrosse / X

RESOLUTION NO. 50-14

INTRODUCTION OF ORDINANCE NO. 6-2014, AN ORDINANCE AMENDING CHAPTER 117, ENTITLED “PARKS”, OF PART II ENTITLED “GENERAL LEGISLATION” OF THE CITY OF HACKENSACK MUNICIPAL CODE TO ADD SECTION 117-8, ENTITLED, “SMOKING”

BE IT RESOLVED that the above ordinance, being Ordinance 6-2014 as introduced, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held on March 4, 2014 at 7:00 p.m. or as soon thereafter as the matter can be reached at the regular meeting place of the City Council and at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance and that the City Clerk be and she is hereby authorized and directed to publish said ordinance according to law with a notice of its introduction and passage on first reading and of the time and place when and where said ordinance will be further considered for final passage.

CITY OF HACKENSACK

ORDINANCE NO. 6-2014

AN ORDINANCE AMENDING CHAPTER 117, ENTITLED “PARKS,” OF PART II ENTITLED “General Legislation” OF THE CITY OF HACKENSACK MUNICIPAL CODE TO ADD SECTION 117-8, ENTITLED, “SMOKING”

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 (“Hackensack”) is in need of amending Chapter 117, entitled, “Parks,” in order to add Section 117-8, entitled, “Smoking,” in order to prohibit smoking in public parks and areas and set forth the consequences for violation of same; and

WHEREAS, the previous State legislation which prohibited municipalities from passing strict local smoking laws that differed from the State standards was repealed and the State now expressly authorizes municipalities to enact strict ordinances regulating smoking under N.J.S.A. 26:3D-63; and

WHEREAS, N.J.S.A. 2C:33-13(b) also provides that the owner and/or operator of a public place, such as public parks and recreational areas, may prohibit smoking on such property; and

WHEREAS, the City Council recognizes the well-known health and safety risks posed by smoking and finds that it is within the public interest to prohibit smoking in public buildings and on public property, such as public parks and recreation areas; and

WHEREAS, the City Council has determined that the public interest is especially implicated in preventing the youth of Hackensack from being exposed and succumbing to the temptations of experimenting with tobacco products; and

WHEREAS, the City Council also finds that the appearance of parks and recreational areas can be enhanced and the limited resources of the City’s Department of Public Works can be conserved if smoking were to be banned from such areas, thereby keeping such areas free of the litter typically generated by the smoking of cigarettes, such as cigarette butts, ashes and packaging.

NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF HACKENSACK, as follows:

Section 1.Chapter 117, entitled “Parks,” is amended to add Section 117-8, entitled “Smoking,” such that The City of Hackensack Municipal Code, Part II entitled “General Legislation,” states:

§117-8.Smoking.

A. Definitions.

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

ENCLOSED AREA shall mean all areas between a floor and a ceiling, extending to the outer perimeter walls of a structure.

PARKS AND RECREATIONAL FACILITIES shall include all public parks, playgrounds, ball fields, publicly owned or leased by the City of Hackensack and all property owned or leased by the City of Hackensack upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities, including all areas adjacent to such facilities, including, but not limited to, any parking area, driveway or drive aisle.

MUNICIPAL BUILDINGS shall include all structures owned, leased, rented and/or operated by the City of Hackensack, and/or occupied by City employees and used for official business of the City of Hackensack.

SMOKING shall mean the burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.

B. Prohibition of smoking in public places; signs.

1. Smoking shall be prohibited in all Municipal Buildings as defined herein. No-smoking signs or the international no-smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted at each Municipal Building entrance and within each closed area where smoking is prohibited by this chapter. The signs shall be clearly visible to the public and shall contain letters or a symbol which contrast in color with the sign, indicating that smoking is prohibited therein. The sign shall also indicate that violators are subject to a fine.

2. Smoking shall be prohibited within a thirty-five-foot radius of the front entrance of all Municipal Buildings. No-smoking signs or the international no-smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted both on the building and at the thirty-five-foot perimeter of the front entrance of all Municipal Buildings where smoking is prohibited by this chapter. The signs shall be clearly visible to the public and shall contain letters or a symbol which contrast in color with the sign, indicating that smoking is prohibited therein. The sign shall also indicate that violators are subject to a fine.

3. Smoking shall be prohibited in all public parks and recreation facilities owned or leased by the City of Hackensack and all property owned or leased by the City of Hackensack upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities, including all areas adjacent to such facilities, including, but not limited to, any parking area, driveway or drive aisle, which have been designated with no-smoking signs. No-smoking signs or the international no-smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted in all areas regulated by this chapter. The signs shall be clearly visible to the public and shall contain letters or a symbol which contrasts in color with the sign, indicating that smoking is prohibited at the designated area. The sign shall also indicate that violators are subject to a fine.

4. Smoking shall be prohibited in any vehicle registered to the City of Hackensack.

C.Enforcement.

The enforcement authority of this chapter shall be the Police Department, Fire Department, Recreation Department, Public Works Department and Health Department of the City of Hackensack.

D.Violations and penalties.

Any person who violates any provision of this chapter shall be subject to a fine of not less than $250.00 for the first offense, $500.00 for the second offense and $1,000.00 for each subsequent offense. Any municipal employee found in violation of this chapter may also be subject to discipline in accordance with the provisions of the City of Hackensack’s policies and procedures.