City Council Resolutions November 21, 2006
NO.#395
OFFERED BY: MENESES SECONDED BY: McAULIFFE ______
FINAL ADOPTION OF ORDINANCE NO. 37-2006 ENTITLED “AN ORDINANCE AMENDING CITY ORDINANCE NO. 3-2001 CHAPTER 170-71 ‘RESIDENTS ONLY ON-STREET PARKING’, TO PROVIDE ‘RESIDENT ONLY’ PARKING PERMITS FOR THE RESIDENTS RESIDING ON THE EAST BOUND SIDE (SOUTH SIDE) OF ESSEX STREET FROM SOUTH SUMMIT AVENUE TO POLIFLY ROAD TO ALLOW THESE RESIDENTS TO PARK ON THE STREETS REGULATED BY THE RESIDENT PARKING PROGRAM.”
Mayor Sasso: “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?”
Motion offered by Meneses and seconded by Melfi that there be a public hearing.
PUBLIC HEARING
Motion offered by Melfi and seconded by McAuliffe 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 37-2006 ENTITLED: “AN ORDINANCE AMENDING CITY ORDINANCE NO. 3-2001 CHAPTER 170-71 ‘RESIDENTS ONLY ON-STREET PARKING’, TO PROVIDE ‘RESIDENT ONLY’ PARKING PERMITS FOR THE RESIDENTS RESIDING ON THE EAST BOUND SIDE (SOUTH SIDE) OF ESSEX STREET FROM SOUTH SUMMIT AVENUE TO POLIFLY ROAD TO ALLOW THESE RESIDENTS TO PARK ON THE STREETS REGULATED BY THE RESIDENT PARKING PROGRAM” pass its second and final reading and is hereby adopted.
Roll Call: Ayes - Melfi, Townes, Meneses, McAuliffe, Sasso
NO.#396
CARRIED TO DECEMBER 5, 2006 MEETING
OFFERED BY: SECONDED BY:
______
FINAL ADOPTION OF ORDINANCE NO. 38-2006 ENTITLED “AN ORDINANCE AMENDING CITY ORDINANCE 2-82 CHAPTER 170-60, SCHEDULE 1, ‘PARKING PROHIBITED AT ALL TIMES’, TO DELETE THE WEST SIDE OF FRANKLIN STREET, ENTIRE LENGTH AND TO INCLUDE THE WEST SIDE OF FRANKLIN PLACE FROM THE SOUTHERLY CURB LINE OF HAMILTON PLACE TO A POINT 90 FEET SOUTH THEREOF”.
Mayor Sasso: “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?
Motion offered by Melfi and seconded by McAuliffe that there be a public hearing.
PUBLIC HEARING
Motion offered by Melfi and seconded by McAuliffe 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. 38-2006 ENTITLED: “AN ORDINANCE AMENDING CITY ORDINANCE 2-82 CHAPTER 170-60, SCHEDULE 1, ‘PARKING PROBIBITED AT ALL TIMES’, TO DELETE THE WEST SIDE OF FRANKLIN STREET, ENTIRE LENGTH AND TO INCLUDE THE WEST SIDE OF FRANKLIN PLACE FROM THE SOUTHERLY CURB LINE OF HAMILTON PLACE TO A POINT 90 FEET SOUTH THEREOF” pass its second and final reading and is hereby adopted.
Roll Call: Ayes -
NO. 397
OFFERED BY: TOWNES SECONDED BY: McAULIFFE ______
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 $8,152,896.40
Payroll Agency 145,295.33
Public Parking System 6,318.85
Capital Account 18,755.74
Trust Account 105,300.00
Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso
NO. 398
OFFERED BY: MENESES SECONDED BY: TOWNES
______
WHEREAS, the City of Hackensack requires the services for Professional Surveying Services; and
WHEREAS, such professional services will be rendered or performed by individuals who practice a recognized profession and whose practice is regulated by law pursuant to N.J.S.A. 40A:11-5 (1)(a)(i) of the Local Public Contracts Law; and
WHEREAS, it is the desire of the Mayor and Council to engage the services of Keller and Kirkpatrick, 900 Lanidex Plaza, Parsippany, New Jersey 07054 to perform these services; and
WHEREAS, the Local Public Contracts Law requires that the resolution authorizing the award of contracts for professional services without competitive bidding and the contract must be available for public inspection; and
WHEREAS, a certificate establishing that funds are available from account no. C-04-55-W13-000-001 of the General Capital Fund, Purchase Order #152807 in the amount of $4,050.00 has been issued by the Chief Financial Officer;
NOW, THERFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that,
1) The Mayor and City Clerk be and they are hereby authorized and directed to execute a contract with Keller and Kirkpatrick for Professional Surveying Services consistent with a written proposal submitted to the City of Hackensack.
2) The contract is awarded without competitive bidding as a Professional Service in accordance with N.J.S.A. 40A:11-5 (1)(a)(i) of the Local Public Contracts Law because said Services are to be rendered or performed by a person authorized by law to practice a recognized profession and whose profession is regulated by law; and
BE IT FURTHER RESOLVED that the City Clerk be and hereby is directed to retain a copy of the contract, upon execution, for public inspection and to publish a notice of this action once in The Record.
Roll Call: Ayes - Melfi, Townes, Meneses, McAuliffe, Sasso
NO. 399
OFFERED BY: MENESES SECONDED BY: TOWNES ______
BE IT RESOLVED by the City Council of the City of Hackensack that Plenary Retail Consumption License No. 0223-33-065-009 heretofore issued to Café Apolo, Inc., 89-91 Main Street, Hackensack, NJ, be transferred to Maggiano’s Holding Corporation, c/o The Shops at Riverside, Hackensack Avenue, Hackensack, NJ, effective November 21, 2006; and
BE IT FURTHER RESOLVED that the applicant has complied with sub-Chapter 7 of the New Jersey Administrative Code.
Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso
NO. 400
OFFERED BY: MENESES SECONDED BY: TOWNES ______
WHEREAS, Candice Paige McAuliffe, Part Time Clerk Typist, has requested a Leave of Absence without pay for ten months for personal reasons; and
WHEREAS, City Manager Stephen Lo Iacono Jr. has determined that this employee be granted a Leave of Absence for ten months, commencing September 1, 2006 and terminating July 1, 2007.
NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Hackensack, that Candice Paige McAuliffe, Part Time Clerk Typist, be granted a Leave of Absence for ten months, without pay, as requested; and
BE IT FURTHER RESOLVED that a certified copy of this Resolution is forwarded to the employee’s pension system by the Chief Financial Officer.
Roll Call: Ayes – Melfi, Townes, Meneses, Sasso
Abstain - McAuliffe
NO. 401
OFFERED BY: MENESES SECONDED BY: TOWNES ______
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
$1,476.00 129 4 First American Real Estate
Tax Service 2005 ERR PMT
616.00 219 5,C002E “ “ “ “ 2005 “ “
1,715.00 237 2B,C012G “ “ “ “ 2005 “ “
892.00 238 5,C012H “ “ “ “ 2005 “ “
1,468.99 238 8,C020C “ “ “ “ 2005 “ “
566.78 321 1,C001A “ “ “ “ 2005 “ “
969.00 344 16,C018I “ “ “ “ 2005 “ “
417.00 352 90,C0041 “ “ “ “ 2005 “ “
1,944.00 354 54 “ “ “ “ 2005 “ “
1,401.00 442 11,C005C “ “ “ “ 2005 “ “
792.00 428 1,C002L “ “ “ “ 2005 “ “
720.83 354 37,C0022 Alindayu, George 2006 “ “
250.00 237 1.01,C009C Kedem, Nissim 2006 SC Allow.
Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso
NO. 402
OFFERED BY: MENESES SECONDED BY: TOWNES
______
WHEREAS, the New Jersey Department of Health and Senior Services has offered support to all local health departments in a statewide initiative to enhance pandemic influenza planning through funding from the Centers for Disease Control; and
WHEREAS, the City of Hackensack has established and maintains a program of recognized public health activities that are aimed at meeting Public Health Practice Standards for New Jersey Local Boards of Health; and
WHEREAS, the Hackensack Health Department qualifies for the aforementioned funding.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that John G. Christ, Health Officer of the City of Hackensack, is authorized to make application to the New Jersey State Department of Health and Senior Services for a CDC Pandemic Influenza Planning grant for the period ending, August 30, 2007.
Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso
NO. 403
OFFERED BY: MENESES SECONDED BY: TOWNES ______
WHEREAS, Verizon-New Jersey, Inc. is the owner and taxpayer of certain real property designated as Block 315, Lot 5 and known as 256 State Street; and
WHEREAS, the taxpayer filed an appeal to its 2003, 2004, 2005 and 2006 real property tax assessments which matters are presently pending in the Tax Court of New Jersey; and
WHEREAS, the yearly assessment is $4,354,400 for 2003, 2004 and 2005 and $4,854,400 for 2006; and
WHEREAS, upon review of information supplied, a reduction appears appropriate; and
WHEREAS, it is the recommendation of the Tax Attorney and Tax Appraiser and Tax Assessor that these matters should be settled; and
WHEREAS, said settlement is in the best interest of the City of Hackensack;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the Tax Council be and hereby authorized and directed to execute any and all documents, including requests for application of the Freeze Act (N.J.S.A. 54:51A-8); which may be necessary to effectuate the settlement of litigation entitled “Verizon-New Jersey, Inc. v. Hackensack”, Docket Nos. 002154-03; 001063-04; 001405-05 and 000686-06 presently pending in the Tax Court of New Jersey, so that the assessment shall be reduced to $4,174,200 for 2003, $3,649,200 for 2004, $3,077,400 for 2005 and $2,742,000 for 2006; and
BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a full waiver of any interest to the taxpayer on the refund.
Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso
NO. 404
OFFERED BY: MENESES SECONDED BY: TOWNES
______
WHEREAS, the following Bergen County Community Development grants have been proposed by H.O.P.E. for Ex-Offenders, Inc.; and
Operation $198,751.00
Renovation $ 25,000.00
Transportation $ 45,000.00
WHEREAS, pursuant to the State Interlocal Services Act, Community Development funds may not be spent in a municipality without authorization by the Governing Body; and
WHEREAS, this resolution does not obligate the financial resources of the municipality and is intended solely to expedite expenditure of the aforesaid CD funds;
NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the City of Hackensack hereby confirms endorsement of the aforesaid project; and
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 project may be expedited.
Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso
NO. 405
OFFERED BY: MENESES SECONDED BY: TOWNES ______
WHEREAS, pursuant to an advertisement in The Record bids were received on October 12, 2006 for the Main Street Intersection Improvements project; and
WHEREAS, bids were received from English Paving Co. and Zuccaro and Sons;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the contract for the Main Street Intersection Improvements be awarded to Zuccaro and Sons on proposals #1, #2, #3 and #4 for the contract price of $148,355.00;
BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in account C-04-55-U18-000-001 $140,000.00 and C-04-55-S11-000-0101 $8,355.00 of the Capital Budget.
Purchase Order #152921
Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso
NO. 406
OFFERED BY: MENESES SECONDED BY: TOWNES
______
WHEREAS, N.J.S. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount was not determined at the time of the adoption of the budget; and
WHEREAS, the Director may also approve the insertion of an item of appropriation for equal amount;
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Council of the City of Hackensack in the County of Bergen, New Jersey hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2006 in the sum of $5,000.00 which is now available from the New Jersey Department of Law and Public Safety You Drink and Drive You Loose 2006 Year end Crackdown Grant in the amount of $5,000.00; and
BE IT FURTHER RESOLVED, that the like sum of $5,000.00 is hereby appropriated under the caption New Jersey Department of Law and Public Safety You Drink and Drive You Loose 2006 Year End Crackdown Grant, Other Expenses; and
BE IT FURTHER RESOLVED, that the above is the result of funds from the New Jersey Department of Law and Public Safety You Drink and Drive You Loose 2006 Year End Crackdown Grant in the amount of $5,000.00
Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso
NO. 407
OFFERED BY: MENESES SECONDED BY: TOWNES ______
WHEREAS, the Planning Board of the City of Hackensack, Bergen County, State of New Jersey (hereinafter sometimes referred to as “the Board” or “the Planning Board”) adopted its current Master Plan pursuant to N.J.S.A. 40:55D-28 on October 31, 2001; and
WHEREAS, the Master Plan includes a Housing Element pursuant to N.J.S.A. 40:55D-28(3); and
WHEREAS, N.J.A.C. 5:94-2.2(a) requires the adoption of the Housing Element by the Planning Board and endorsement by the Governing Body; and
WHEREAS, N.J.A.C. 5:94-4.1(a) requires the preparation of a Fair Share Plan in accordance with the Housing Element of the Master Plan; and
WHEREAS, N.J.A.C. 5:94-4.1(b) requires the adoption of the Fair Share Plan by the Planning Board and endorsement by the Governing Body; and
WHEREAS, upon notice duly provided pursuant to N.J.S.A. 40:55D-70-13, the Planning Board of the City of Hackensack held a public hearing on the Housing Element and Fair Share Plan on October 26, 2006; and
WHEREAS, the Planning Board had determined that the Housing Element and the Fair Share Plan, as prepared by Stan Slachetka, AICP, P.P. of T&M Associates, are consistent with the goals and objectives of the City of Hackensack’s 2001 Master Plan and that the adoption and implementation of the Housing Element and the Fair Share Plan are in the public interest and protect the public health and safety, and promote general welfare; and