City Council

City Council Resolutions: February 28, 2006 NO. 061 OFFERED BY: MENESES SECONDED BY: McAULIFFE _________________________________________________________________ WHEREAS, the Mayor and City Council of the City of Hackensack recognizes that trees help improve the quality of urban and suburban life, and WHEREAS, the Mayor and City Council of the City of Hackensack developed the Community Forestry Management Plan in accordance with statewide efforts to preserve and promote sustainable community forest resources, and WHEREAS, the Community Forestry Management Plan focuses on developing and improving programs for managing City-owned street trees, and WHEREAS, it is the intention of the Mayor and the City Council that the elements of the Community Forestry Management Plan will help stimulate the planting and proper care of trees on private property and the preservation and protection of natural areas, and WHEREAS, the overall goal of the Mayor and the City Council is to develop and perpetuate beneficial community forestry management resources; maximize the benefits of trees to the community; maximize the long-term stability and sustainability in the shade tree resource; minimize the risk of trees to public safety; minimize the conflicts between trees and infrastructure; optimize the balance between tree health, maintenance costs and budgetary constraints; improve and maintain public interest, appreciation and support for public Community Forestry Management Plan and encourage volunteer participation, and WHEREAS, the Mayor of the City of Hackensack has approved the Community Forestry Management Plan. NOW, THEREFORE BE IT RESOLVED, that the Mayor and the City Council hereby adopt, and support the Community Forestry Management Plan in its entirety. Roll Call: Ayes – Melfi, Sasso, Meneses, McAuliffe, Townes NO. 062 OFFERED BY: MELFI SECONDED BY: McAULIFFE _________________________________________________________________ RESOLUTION OPPOSING S-457 AMENDING THE TIME OF DECISION RULE WHEREAS, Senate Bill S-457 is intended to modify the “time of decision” rule which currently allows municipalities to change the zoning regulations while an application for development is pending; and WHEREAS, under the bill the ordinances in effect at the time an application is submitted shall govern the review of that application, and any decision made following upon that review; and WHEREAS, “the time of decision rule” is a judicially recognized principal that decisions are to be made on the basis of laws, ordinances and regulations in effect at the time the decision is rendered; and  WHEREAS, courts have applied the “time of decision rule” to correct errors in zoning ordinances, thus giving local legislators the opportunity to correct legislative policy that had been found to be imperfectly expressed; and WHEREAS, the “time of decision rule” has permitted a municipality to give additional legislative consideration to serious and substantial land use planning concerns that, for whatever reason, had not been previously addressed in the ordinance; and WHEREAS, application and zoning changes require public discussion and hearings, and S-457 would permit developers to “beat the clock” by filing applications and freezing the ability of local officials to act; NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack urges our State Legislators to oppose S- 457; BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to our State Senators, Assembly Representatives, Members of the Senate Community and Urban Affairs Committee, the New Jersey State League of Municipalities and the Office of the Governor. Roll Call: Ayes – Melfi, Sasso, Meneses, McAuliffe, Townes NO. 063 OFFERED BY: SASSO SECONDED BY: McAULIFFE _________________________________________________________________ A RESOLUTION URGING ADDITIONAL FUNDING FOR FOP RESEARCH WHEREAS, Fibrodysplasia Ossificans Progressiva (FOP) is a rare genetic condition in which the body makes additional bone where bone should not form, such as within muscles, tendons, ligaments and other connective tissues; and WHEREAS, one in every seven Americans suffers from a musculoskeletal impairment causing physical disability and severe long-term pain; and WHEREAS, the symptoms of FOP usually begin in the first or second decade of life, with the majority of patients diagnosed by age 10, depriving children of normal development; and WHEREAS, musculoskeletal research is close to achieving major breakthroughs that likely will change and simplify the way bone and joint disorders are treated and prevented throughout the world; and WHEREAS, at the present time there is only one known research facility worldwide, the University of Pennsylvania, currently investigating a cure for FOP; and WHEREAS, the Governing Body fully supports President George W. Bush as he declared the years 2002-2011 as the National Bone and Joint Decade. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack, County of Bergen and State of New Jersey does hereby express support for additional funding for research and encourages the health care community to increase awareness of this devastating, rare genetic disorder in order to eliminate misdiagnosis, develop a treatment, and discover a cure for FOP; and BE IT FURTHER RESOLVED that this body does hereby commend the dedication of Gary W. Whyte of Mountainside, New Jersey and the crusade that he has voluntarily undertaken to inform officials and citizens of the human destruction this disease causes, and to bring the necessary attention to this dilemma so that medical research can be appropriately funded, and BE IT FURTHER RESOLVED that the City Clerk of the City of Hackensack forward a copy of this resolution to the Legislators of the State of New Jersey and to Gary W. Whyte. Roll Call: Ayes - Melfi, Sasso, Meneses, McAuliffe, Townes NO. 064 OFFERED BY: MELFI SECONDED BY: McAULIFFE _________________________________________________________________ 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:1796 – St. Francis School RA:1797 – YCS Foundation, Inc. RA:1798 - Baseball of Hackensack Roll Call: Ayes – Melfi, Sasso, Meneses, McAuliffe, Townes NO. 065 OFFERED BY: SASSO SECONDED BY: MENESES _________________________________________________________________ WHEREAS, New Jersey Public Law 1995 Chapters 304 and 320 provides for participation of local health agencies in the New Jersey State Tobacco Age of Sale Program and makes available financial aid to assist such agencies; and WHEREAS, the City of Hackensack’s Department of Health has established and maintains a Tobacco Age of Sale Program that meets the standards of performance as prescribed by the New Jersey State Department of Health and Senior Services; and WHEREAS, the Hackensack Health Department qualifies for said financial assistance for the period of April 1, 2006 through March 31, 2007. 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 participation in the Tobacco Age of Sale Program for the period April 1, 2006 through March 31, 2007. Roll Call: Ayes – Melfi, Sasso, Meneses, McAuliffe, Townes NO. 066 OFFERED BY: MELFI SECONDED BY: MENESES _________________________________________________________________  BE IT RESOLVED by the City Council of the City of Hackensack that the Mayor and City Clerk be and they are hereby authorized to execute a renewal agreement between the City of Hackensack and the Borough of River Edge for the Sewer Connection for Dinallo’s Restaurant located in River Edge. Roll Call: Ayes – Melfi, Sasso, Meneses, McAuliffe, Townes NO. 067 OFFERED BY: SASSO SECONDED BY: MELFI ______________________________________________________________________________ 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 reason stated: AMOUNT BLOCK LOT NAME YEAR REASON $ 4,455.00 238.05 11 Francisco Apartments Inc 2005 STB 1,242.00 43 11 Clarke, Shawn 2004 ERR PMT 4,404.62 325 14.02 Countrywide Tax Service 2005 “ “ 7,621.00 344 15 Feinstein, Raiss, Kelin, & Booker, LLC, Attorney Trust Account 2006 “ “ $110.00 refund to Luka Jordan, 1324 Forest Avenue, Apartment 114, Staten Island, NY 10302 for a parking space he no longer needs. Roll Call: Ayes – Melfi, Sasso, Meneses, McAuliffe, Townes NO. 068 OFFERED BY: MENESES SECONDED BY: SASSO _________________________________________________________________ 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 $ 4,355,421.69 Capital Account 127,486.45 Trust Account 73,680.00 Public Parking System 9,835.90 Payroll Agency Account 121,229.53 Escrow Account 5,040.00 Roll Call: Ayes – Melfi, Sasso, Meneses, McAuliffe, Townes NO. 069 ***TABLED *** OFFERED BY: SECONDED BY: _________________________________________________________________ WHEREAS, the Mayor and Council of the City of Hackensack, County of Bergen, State of New Jersey, have been and will continue to be proponents of legislation that acts on behalf of the health, safety and welfare of our children; and WHEREAS, the Mayor and Council of the City of Hackensack believe in strengthening Megan’s Law with regard to (a) sex offenders living near schools, child care centers or playgrounds, (b) providing notification to elected officials with regard to the release unto the community of a sexual predator, (c) tiering offenders while incarcerated and not releasing an offender into the general public without having made that determination prior to release, (d) and assessing an appropriate fine upon the offender and establishing a fund to assist in the Amber Alert program. NOW THEREFORE BE IT RESOLVED that the Mayor and Council for the City of Hackensack endorse and support all efforts to strengthen Megan’s Law and the Amber Alert system; and BE IT FURTHER RESOLVED that the Mayor and Council of the City of Hackensack urge all communities within the State of New Jersey to join in the effort by the passage of supporting resolutions to be forwarded to their local legislature urging the passage of A639, A646 and 679 in this 212th legislative session. NO. 070 OFFERED BY: SASSO SECONDED BY: MELFI _________________________________________________________________ INTRODUCTION OF ORDINANCE NO. 2-2006 ENTITLED: “AN ORDINANCE AMENDING CITY ORDINANCE 2-82 CHAPTER 170-56, SCHEDULE VII, ONE WAY STREETS” TO INCLUDE THE CHANGE OF DIRECTION OF CAMDEN STREET FROM EAST TO WEST FROM MAIN STREET TO STATE STREET” BE IT RESOLVED that the above ordinance, being Ordinance No. 2-2006 as introduced, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held March 21, 2006 at 7:00 p.m. or as soon thereafter as the matter can be reached at the regular meeting place of the City Council and at such time and place all persons interested be given an opportunity to be heard concerning said ordinance and that the City Clerk be and she is hereby authorized and directed to publish said Ordinance according to law with a notice of its introduction and passage on first reading and of the time and place when and where said Ordinance will be further considered for final passage. Roll Call: Ayes – Melfi, Sasso, Meneses, McAuliffe, Townes NO. 071 OFFERED BY: MENESES SECONDED BY: MELFI _________________________________________________________________ INTRODUCTION OF ORDINANCE NO. 3-2006 ENTITLED: “AN ORDINANCE ADDRESSING THE PROBLEM OF GRAFFITI WITHIN THE CITY OF HACKENSACK” BE IT RESOLVED that the above ordinance, being Ordinance No. 3-2006 as introduced, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held March 21, 2006 at 7:00 p.m. or as soon thereafter as the matter can be reached at the regular meeting place of the City Council and at such time and place all persons interested be given an opportunity to be heard concerning said ordinance and that the City Clerk be and she is hereby authorized and directed to publish said Ordinance according to law with a notice of its introduction and passage on first reading and of the time and place when and where said Ordinance will be further considered for final passage.  Roll Call: Ayes – Melfi, Sasso, Meneses, McAuliffe, Townes NO. 072 OFFERED BY: SASSO SECONDED BY: MENESES _________________________________________________________________ BE IT RESOLVED by the City Council of the City of Hackensack that Richard LoPinto be reappointed to the Environmental Commission for a term to expire December 31, 2008. Roll Call: Ayes – Melfi, Sasso, Meneses, McAuliffe, Townes NO. 073 OFFERED BY: SASSO SECONDED BY: MELFI _________________________________________________________________ WHEREAS, McToobe Management is the owner and taxpayer of certain real property known as Block 311, Lot 17, designated as 216-218 Main Street; and WHEREAS, the taxpayer filed appeals to its 2003 and 2004 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment is $625,000; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that this matter 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 Counsel be and is hereby authorized and directed to execute any and all documents, including requests for the application of the Freeze Act (N.J.S.A.54:51A-8), which may be necessary to effectuate the settlement of litigation entitled “McToobe Management v. City of Hackensack”, Docket Nos: 005680-03 and 006845-04, presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $535,000 for 2003 and 2004; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a full waiver of any interest payable to the taxpayer on the refund. Roll Call: Ayes – Melfi, Sasso, Meneses, McAuliffe, Townes NO. 074 OFFERED BY: MENESES SECONDED BY: MELFI _________________________________________________________________ WHEREAS, Regent Care is the owner and taxpayer of certain real property known as Block 100, Lot 5, designated as 50 Polifly Road; and WHEREAS, the taxpayer filed appeals to its 2001, 2002, 2003, 2004 and 2005 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and  WHEREAS, the yearly assessment is $8,090,300; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that this matter 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 Counsel be and is hereby authorized and directed to execute any and all documents, including requests for the application of the Freeze Act (N.J.S.A.54:51A-8), which may be necessary to effectuate the settlement of litigation entitled “Regent Care c/o Prudential Asst. v. City of Hackensack”, Docket Nos: 000412-2001; 000849- 2002, 001419-2003, 002351-2004 and 002143-05, presently pending in the Tax Court of New Jersey, so that the assessment be maintained for 2001 and 2002 and reduced to $7,800,000 for 2003, $6,750,000 for 2004 and $6,000,000 for 2005. BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a full waiver of any interest payable to the taxpayer on the refund. Roll Call: Ayes – Melfi, Sasso, Meneses, McAuliffe, Townes NO. 075 OFFERED BY: MELFI SECONDED BY: SASSO _________________________________________________________________ WHEREAS, Bergen Evening Record Corp/North Jersey Media Group is the owner and taxpayer of certain real property known as Block 300, Lots 2, 2.A, 3.A, 3.B, 3.H and Block 203.A, Lot 2, designated as 150 River Street; and WHEREAS, the taxpayer filed appeals to its 2002, 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 $395,300 for Block 300, Lot 2, $14,750,000 for Block 300, Lot 2.A; $11,100 for Block 300, Lot 3A, $13,000 for Block 300, Lot 3B, $660,000 for Block 300, Lot 3.H and $200,100 for Block 203.A, Lot 2 for each year under appeal; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that this matter 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 Counsel be and is hereby authorized and directed to execute any and all documents, including requests for the application of the Freeze Act (N.J.S.A.54:51A-8), which may be necessary to effectuate the settlement of litigation entitled “Bergen Evening Record Corp/North Jersey Media Group v. City of Hackensack, Docket Nos. 001565-2002; 000121-2003; 001384-2004; 001331-2005 and 000197- 2006” presently pending in the Tax Court of New Jersey, so that the assessments for each listed Block and Lot for 2002 be maintained and not reduced and that the assessments for Block 300, Lot 2; Block 300, Lot 3.A; Block 300, Lot 3.B, Block 300, Lot 3.H and Block 203.A, Lot 2 be maintained and not reduced for each year under appeal and that only the assessment for Block 300, Lot 2.A be reduced to $12,604,700 for 2003; $11,604,700 for 2004; $9,604,700 for 2005 and $8,104,700 for 2006; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a full waiver of any interest payable to the taxpayer on the refund. Roll Call: Ayes – Melfi, Sasso, Meneses, McAuliffe, Townes NO. 076 OFFERED BY: SASSO SECONDED BY: MENESES _________________________________________________________________ BE IT RESOLVED by the City Council of the City of Hackensack that City Manager Stephen Lo Iacono be appointed as signatory for all agreements with the New Jersey Department of Transportation pertaining to the Hackensack River Walkway. Roll Call: Ayes – Melfi, Sasso, Meneses, McAuliffe, Townes NO. 077 OFFERED BY: MENESES SECONDED BY: SASSO _________________________________________________________________ WHEREAS, Telvue Corporation of Mt. Laurel, New Jersey (“Telvue”) is in the business of providing television production and other related services for municipal cable channels; and WHEREAS, Telvue finds sponsors within their customer’s community to pay for all costs associated with enhanced programming on municipal cable channels; and WHEREAS, the City of Hackensack has deemed it necessary to provide better programming on Channel 77; and WHEREAS, Telvue has been performing these services at no cost to the City since July 23, 2005; and WHEREAS, the City recognizes the benefit of continuing the service provided by Telvue until July 23, 2008. NOW THEREFORE BE IT RESOLVED that the Mayor and Council are hereby authorized to execute a contract with Telvue for a period of three years and as more fully set forth in the contract terms. Roll Call: Ayes – Melfi, Sasso, Meneses, McAuliffe, Townes NO. 078 OFFERED BY: SASSO SECONDED BY: MENESES _________________________________________________________________ WHEREAS, various Year 2005 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 2005 Budget Appropriation Reserve in the last two months of 2005; and WHEREAS, N.J.S.A.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 $39,000.00 be made between the Year 2005 Budget Appropriations Reserves as follows: Account Number Description From To 5-01-26-305-307-29P Sanitary Landfill O/E $2,000.00 5-01-22-200-202-212 Comm Dev Consultant $ 2,000.00 5-01-26-305-307-29P Sanitary Landfill O/E 5,000.00 5-01-25-240-240-200 Police O/E 5,000.00 5-01-26-290-291-101 Snow Removal 5,000.00 5-01-26-290-291-200 Streets & Roads 5,000.00 5-01-26-305-305-101 Garbage & Trash S/W 9,000.00 5-01-26-305-307-29P Sanitary Landfill O/E 6,000.00 5-01-26-305-305-200 Garbage & Trash O/E 15,000.00 5-01-26-305-307-29P Sanitary Landfill O/E 8,000.00 5-01-26-305-306-20U Recycling O/E 8,000.00 5-01-30-420-420-100 Celebrate Public Events S/W 1,000.00 5-01-30-420-420-200 Celebrate Public Events O/E 1,000.00 5-01-26-305-307-29P Sanitary Landfill O/E 3,000.00 5-01-31-445-445-247 Utilities Water 3,000.00 __________ _________ $ 39,000.00 $ 39,000.00 Roll Call: Ayes - Melfi, Sasso, Meneses, McAuliffe, Townes