City Council

RESOLUTION #042 OFFERED BY: TRAMMELL SECONDED BY: STEIN FINAL ADOPTION OF ORDINANCE NO. 1-2005 ENTITLED: “AN ORDINANCE TO AMEND ORDINANCE 14-2004 ENTITLED “AN ORDINANCE TO AMEND AND SUPPLEMENT SECTION 28 OF CHAPTER 26 OF THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY” ENTITLED “LAND USE PROCEDURES. . .FEES” Mayor Zisa: “this ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?” Motion offered by Stein and seconded by Galvis that there be a public hearing. Carried. PUBLIC HEARING Motion offered by Mattei and seconded by Trammell 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. 1-2005 ENTITLED: "AN ORDINANCE TO AMEND ORDINANCE 14-2004 ENTITLED “AN ORDINANCE TO AMEND AND SUPPLEMENT SECTION 28 OF CHAPTER 26 OF THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY” ENTITLED “LAND USE PROCEDURES. . .FEES” pass its second and final reading and is hereby adopted. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #043 OFFERED BY: TRAMMELL SECONDED BY: STEIN FINAL ADOPTION OF ORDINANCE NO. 2-2005 ENTITLED: “AN ORDINANCE TO AMEND ORDINANCE 17-2004 ENTITLED “AN ORDINANCE TO AMEND CHAPTER 107 OF “THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY” ENTITLED ‘ENUMERATION OF LICENSES, MISCELLANEOUS SERVICES AND FEES’ PERTAINING TO THE HEALTH DEPARTMENT AND CITY CLERK’S OFFICE OF THE CITY OF HACKENSACK” Mayor Zisa: “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?” Motion offered by Stein and seconded by Galvis that there be a public hearing. Carried. PUBLIC HEARING Motion offered by Mattei and seconded by Trammell 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. 2-2005 ENTITLED: "AN ORDINANCE TO AMEND ORDINANCE 17-2004 ENTITLED ‘AN ORDINANCE TO AMEND CHAPTER 107 OF “THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY” ENTITLED ‘ENUMERATION OF LICENSES, MISCELLANEOUS SERVICES AND FEES” PERTAINING TO THE HEALTH DEPARTMENT AND CITY CLERK’S OFFICE OF THE CITY OF HACKENSACK” pass its second and final reading and is hereby adopted. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #044 OFFERED BY: TRAMMELL SECONDED BY: STEIN FINAL ADOPTION OF ORDINANCE NO. 3-2005 ENTITLED: "AN ORDINANCE TO AMEND SUB-SECTION B, SECTION 5, CHAPTER 74, OF “THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY” ENTITLED: “CHILD CARE FACILITIES. . .INSPECTIONS” Mayor Zisa: “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?” Motion offered by Stein and seconded by Galvis that there be a public hearing. Carried. PUBLIC HEARING Motion offered by Mattei and seconded by Trammell 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. 3-2005 ENTITLED: "AN ORDINANCE TO AMEND SUB- SECTION B, SECTION 5, CHAPTER 74, OF “THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY” ENTITLED: “CHILD CARE FACILITIES. . .INSPECTIONS” pass its second and final reading and is hereby adopted. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #045 OFFERED BY: STEIN SECONDED BY: TRAMMELL BE IT RESOLVED by the City Council of the City of Hackensack that the proper officers be and are hereby authorized to make the following refund for the reason stated: AMOUNT BLOCK LOT NAME YEAR REASON $13,980.00 124D 1A Independence Community Bank 2005 ERR PMT 250.00 571 1A Parham, John A. & Sarah V. 2004 Sr Citizen 250.00 581 6 DeLiberto, Thomas & Grace 2004 “ “ 500.00 241 23 Sherbrooke Co-Op, Inc. 2004 Vet Allow 250.00 605A 8 LoPresti, Irma 2004 Sr Citizen 1,568.04 616 16A Litton Loan Servicing 2004 ERR PMT 1,739.00 544 61 Saxton, Lisa 2004 “ “ $30.00 refund to Anthony Marseglia, 200 Ross Avenue, ticket refund for production of “Lizzie Borden” at the Cultural Arts Center. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #046 OFFERED BY: MATTEI SECONDED BY: GALVIS WHEREAS, First American Tax Service incorrectly pre-paid 2005 taxes on the following properties on October 26, 2004 Block Lot Qual Act/Crt Name Year Prin 122 1 C004F Krikelis, Stephen 2005 1269.00 124.C 33 Harbowy, Matthew E. 2005 1691.00 124.D 1.A Polifly Road Association 2005 13440.00 212 14 Dixon, Dennis & Tho 2005 1695.00 219 25 C004D Dieng, Fary 2005 817.00 323 20 C001C Lee, Sanora 2005 577.00 326 13 Chowdhury, Mohammed 2005 170.00 326 14 Chowdhury, Mohammed 2005 1032.00 341 8 CS12J Kang, Sook Jin 2005 1052.00 421 8 C0047 Wikfors, Richard F. 2005 1113.00 424 11 Grant, Munroe & Max 2005 1540.00 428 1 C003G Yo, Inku 2005 586.30 456 17 Tenezara, Manuel G. 2005 1954.00 518 47 C0002 Zamora, Pilar 2005 627.00 540 1 C00J2 Smajlaj, Simon & Fi 2005 678.92 541 1 C007G Kazigo, Zirabamuzaa 2005 815.00 548 17 Del Vecchio, Richar 2005 1381.00 564 7.A Battaglis, Leonardo 2005 1962.00 577 22 Ortiz, Luis & Loren 2005 2258.00 616 16A Walters, Ltd. 2005 1508.00 __________ $37,572.30 WHEREAS, the payments should have been applied to 2004, fourth quarter taxes as overpayments, NOW THEREFORE BE IT RESOLVED that the Tax Collector is directed to transfer the twenty 2005 taxes back to 2004 fourth quarter taxes in the amount of $37,572.30. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #047 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, the governing body of the City of Hackensack has been advised that an emergency affecting the safety and welfare of the citizens of the City of Hackensack and the general public, occurred when sewer lines at the following locations backed up: Ross Avenue, River Street and Kennedy Street and the culvert at Kenneth Street; and WHEREAS, the Project Manager notified the City Manager setting forth the time, place and circumstances regarding the emergency; and WHEREAS, the governing body is satisfied that an emergency did exist and that immediate action was necessary to restore the aforementioned sewer lines to full operation; and WHEREAS, the cost of the service was $92,433.14, which was a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in Account #4-10-530-204, Purchase Order #142774; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that pursuant to N.J.S.A.40A:11-6, which authorizes the governing body to award contracts without benefit of public bidding in emergency situations and the vendor, National Water Main, 875 North Summer Avenue, Newark, New Jersey 07104, be paid therefor. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #048 OFFERED BY: STEIN SECONDED BY: TRAMMELL BE IT RESOLVED by the City Council of the City of Hackensack that the following organization be granted permission to conduct a Raffle in accordance with the application on file in the office of the City Clerk: RA:1758 – Columbians RA:1759 – Hackensack University Medical Center  Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #049 OFFERED BY: MATTEI SECONDED BY: GALVIS WHEREAS, Gary Leon Britton Jr., Sanitation Worker, has requested a Leave of Absence for twelve (12) weeks without pay under the Family Leave Act for personal medical reasons; and WHEREAS, City Manager Peter J. Capone has determined that this employee be granted a twelve (12) week Leave of Absence, commencing January 24, 2005 and terminating April 17, 2005. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that Gary Leon Britton Jr., Sanitation Worker, be granted a twelve (12) week Leave of Absence, without pay, as requested; and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the employee's pension system by the Chief Financial Officer. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #050 OFFERED BY: STEIN SECONDED BY: TRAMMELL BE IT RESOLVED by the City Council of the City of Hackensack that the proper officers be and are hereby authorized to release the following Performance Guarantee. Name & Address Job Site Permit # Amount Nicholas Manobianca 422 Taylor Ave. E-5952 $ 425.00 Manobianco Construction Co. 335 W. Lakeshore Drive Highland Lakes, NJ 07422 Nicholas Manobianca 422 Taylor Ave. E-5954 $ 350.00 Manobianco Construction Co. 335 W. Lakeshore Drive Highland Lakes, NJ 07422 Nino Colonnelli, V.P. Polifly Rd/Clark St E-5962 $3,025.00 Colonnelli Brothers, Inc. 409 South River Street Hackensack, NJ 07601 J. F. Creamer & Son Atlantic & Second St E-5889 $5,800.00 101 East Broadway Hackensack, NJ 07601 Lutz Brothers Paving 87 Frederick Street E-6141 $ 375.00 9 Kaufman Avenue Little Ferry, NJ 07643  Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #051 OFFERED BY: GALVIS SECONDED BY: TRAMMELL INTRODUCTION OF ORDINANCE NO. 4-2005 ENTITLED: “AN ORDINANCE FIXING AND DETERMINING MUNICIPAL CLASS POSITION TITLES AND SALARY RANGES FOR CERTAIN NON-CONTRACTUAL OFFICERS AND EMPLOYEES OF THE CITY OF HACKENSACK” BE IT RESOLVED that the above ordinance, being Ordinance No. 4-2005 as introduced, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held February 22ND, 2005 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. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #052 OFFERED BY: TRAMMELL SECONDED BY: MATTEI INTRODUCTION OF ORDINANCE NO. 5-2005 ENTITLED: “AN ORDINANCE TO AMEND ORDINANCE 10-2003 ENTITLED: AN ORDINANCE TO CREATE A SPECIAL IMPROVEMENT DISTRICT. . .TO BENEFIT THE MAIN STREET AREA. . .” BE IT RESOLVED that the above ordinance, being Ordinance No. 5-2005 as introduced, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held February 22nd, 2005 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. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #053 OFFERED BY: MATTEI SECONDED BY: GALVIS WHEREAS, pursuant to an advertisement in The Record, bids were received on January 25, 2005 for Uniform Services; and WHEREAS, one bid was received from American Wear Inc.; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the contract for Uniform Services be awarded to American Wear Inc., 216 North 18th Street, East Orange, New Jersey 07019 for the contract price of 2/1/05 – 1/31/06 $11,377.60, 2/1/06 – 1/31/07 $11,377.60 and 2/1/07 – 1/31/08 $11,377.60; BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in various accounts in the 2005 budget and will be available in the 2006, 2007 and 2008 Budgets. Purchase Order #142816 Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #054 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, the City of Hackensack has historically demonstrated a strong commitment to providing a work environment free from unlawful harassment; and WHEREAS, the existing City Harassment Policy needs to be updated, published and distributed to all affected parties; and WHEREAS, the City Manager’s Office has presented a revised policy acceptable to the Mayor and City Council; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Hackensack as follows: 1. That this revised harassment policy be authorized, published and distributed to all affected parties. 2. That a notice of this Resolution be published once in The Record. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #055 OFFERED BY: GALVIS SECONDED BY: TRAMMELL BE IT RESOLVED by the Mayor and Council of the City of Hackensack, County of Bergen, State of New Jersey, that pursuant to N.J.S.A. 39-4-8(e) the following described locations are designated as bus stops: County Road Added Bus Stop: Along Hudson Street, southbound, on the westerly side thereof at: 1. Vreeland Avenue – (Near Side) Beginning at the northerly curb line of Vreeland Avenue and extending 105’ northerly therefrom. Deleted Bus Stop: Along Hudson Street, southbound, on the westerly side thereof at: 1. Vreeland Avenue – (Far Side) Beginning at the southerly curb line of Vreeland Avenue and extending 100’ southerly therefrom. That the Mayor and Council of the City Hackensack will enforce the needed traffic regulations governing the aforementioned bus stop locations and provide the necessary police security to ensure the safety of the traveling public.  BE IT FURTHER RESOLVED that this resolution shall take effect upon approval of the Commissioner of Transportation as provided by law. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #056 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, the City of Hackensack desires to apply for and obtain a grant from the New Jersey Department of the Treasury for $480,000.00 to carry out a project to construct a Multi-Purpose Structure; NOW, THEREFORE, BE IT RESOLVED that the City of Hackensack does hereby authorize the application for such a grant; and, upon receipt of the grant agreement from the New Jersey Department of the Treasury, does further authorize the execution of the grant agreement; and also, upon receipt of the fully executed agreement from the Department, does further authorize the expenditure of funds pursuant to the terms of said agreement between the City of Hackensack and the New Jersey Department of the Treasury. BE IT FURTHER RESOLVED that the Mayor is authorized to sign the application, and that he or his successor in said title is authorized to sign the agreement, and any other documents necessary in condition therewith and act as representative of the City. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #057 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, various Year 2004 bills have been presented for payment this year, which bills were not covered by order number and/or recorded at the time of transfers between the 2004 Budget Appropriation Reserve in the last two months of 2004; and WHEREAS, N.J.S. 40A:4-58 provides that all unexpended balances carried forward after the close of the year are available, until lapsed at the close of the succeeding year, and allow transfers to be made from unexpended balances which are expected to be sufficient during the first three months of the succeeding year; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the transfers in the amount of $103,600.00 be made between the Year 2004 Budget Appropriations as follows: FROM TO Financial Admin O/E 1,700.00 Tax Coll O/E 4,400.00 Tax Assessor OE 6,100.00 Admin & Executive O/E 1,400.00 Public Building & Grounds O/E 1,400.00 Planning Board O/E 3,900.00 Board of Adjust O/E 3,900.00 Legal Services S/W 300.00  Legal Services O/E 300.00 Police S/W O/T 27,000.00 Streets & Roads Lighting 27,000.00 Shade Trees O/E 5,700.00 Streets & Roads O/E 5,700.00 Streets & Roads S/W 900.00 Constr. Bd of Appeals O/E 900.00 Garbage & Trash S/W 300.00 Snow Removal S/W 3,900.00 Garbage & Trash O/E 4,200.00 Human Services O/E 1,300.00 Human Services S/W 500.00 Health Dept O/E 800.00 Dog Warden O/E 1,000.00 Sewer S/W 750.00 Sewer Treat-Hasb Hghts 1,350.00 Tax Coll S/W 300.00 Public Bldg & Grounds S/W 500.00 Police S/W 2,600.00 Fire Official O/E 4,400.00 EMT O/E 3,200.00 Sewer Special Outside Svcs 13,000.00 Emergency Mgmt S/W 1,000.00 Estimate for Contingencies 7,900.00 Recreation S/W 100.00 Recreation O/E 9,000.00 Rent Stabilization Bd S/W 200.00 Rent Stabilization Bd O/E 1,500.00 Parks & Playgrounds O/E 1,700.00 Police S/W 21,500.00 Comm Dev O/E 21,500.00 Police S/W 1,500.00 Recycling O/E 1,500.00 Fire Hydrant Water Svcs O/E 2,000.00 Bldg Inspectors O/E 1,000.00 Utilities Gasoline O/E 3,000.00 Police S/W 2,500.00 Police O/E 2,500.00 ____________ ___________ 103,600.00 103,600.00  Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #058 OFFERED BY: STEIN SECONDED BY: TRAMMELL 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 Account $11,351,592.84 Capital Account 205,025.48 Trust Account 33,601.85 Public Parking System Account 75,619.31 Payroll Agency Account 117,648.75 BE IT FURTHER RESOLVED that said bills are on file as a public record in the office of the Chief Financial Officer. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #059 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, an emergent condition has risen with respect to insufficient temporary appropriations to facilitate the awarding of contracts and payment of bills and no adequate provision has been made in the 2005 Temporary Appropriations for the aforesaid purpose, and N.J.S. 40A:4-20 provides for the creation of an emergency temporary appropriation for the purpose above- mentioned; WHEREAS, the total emergency temporary resolutions adopted in the year 2005 pursuant to the provisions of N.J.S.40A:4-20 (Chapter 96,P.L.1951) including this resolution total $13,920,786.76; NOW, THEREFORE, BE IT RESOLVED (not less than two-thirds of all the members thereof affirmatively concurring) that in accordance with N.J.S.40A:4-20: 1) An emergency temporary appropriation be and the same is hereby made for the awarding of annual contracts in the amount of $1,010,300.00. 2) That said emergency temporary appropriations will be provided for in the 2005 Budget. 3) That one certified copy of this resolution be filed with the Director of Local Government Services. Legal Services/Ordinances $ 300.00 Group Insurance 1,000,000.00 CDC Bioterrorism Grant 3,000.00 Drunk Driving Enforcement Grant 7,000.00 Total $1,010,300.00 Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #060 OFFERED BY: STEIN SECONDED BY: GALVIS WHEREAS, the Governing Body of the City of Hackensack received notice from the New Jersey Department of Environmental Protection of its eligibility to receive a 2005 Green Communities Grant of New Jersey in the amount of $2,000.00; and  WHEREAS, the purpose of this grant is to assist municipalities with the development of their own distinctive community forestry program; and WHEREAS, the terms of the grant award include a commitment by the City of Hackensack to provide in-kind services with a value of $1,000.00 toward the purposes of the project. NOW THEREFORE BE IT RESOLVED, that the Mayor of the City of Hackensack be and is hereby authorized to execute a Grant Agreement with the New Jersey Department of Environmental Protection on behalf of the City of Hackensack, and upon execution of said Agreement, the City of Hackensack does accept the terms and conditions specified in the Agreement in connection with this grant. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #061 OFFERED BY: GALVIS SECONDED BY: TRAMMELL BE IT RESOLVED that Maria Castano and Al Casamente are hereby appointed to the Housing Authority for a five year term and Laura Zyriek to the Hackensack Alliance for the Prevention of Drug and Alcohol Abuse (HAPADA) for a three year term effective immediately. Roll Call: Ayes – Mattei, Galvis, Trammell, Stein, Zisa