City Council

City Council Resolutions, August 22, 2006 NO. 293 OFFERED BY: TOWNES SECONDED BY: McAULIFFE _________________________________________________________________ FINAL ADOPTION OF ORDINANCE 29-2006 ENTITLED “AN ORDINANCE AMENDING CITY ORDINANCE 2-82 CHAPTER 141 ‘SEWERS’ TO INCLUDE A STORMWATER MANAGEMENT PLAN FOR THE CITY OF HACKENSACK IN ACCORDANCE WITH MUNICIPAL STORMWATER REGULATIONS IMPOSED BY THE STATE OF NEW JERSEY” 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 – Frank Campbell, 111 Catalpa Avenue, asked how clean the Council would like to see the river. Mr. Lo Iacono replied that there will be public hearings on this matter and that DEP regulations require that a question like that would be discussed at a hearing. Motion offered by McAuliffe and seconded by Melfi 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. 29-2006 ENTITLED: “AN ORDINANCE AMENDING CITY ORDINANCE 2-82 CHAPTER 141 ‘SEWERS’ TO INCLUDE A STORMWATER MANAGEMENT PLAN FOR THE CITY OF HACKENSACK IN ACCORDANCE WITH MUNICIPAL STORMWATER REGULATIONS IMPOSED BY THE STATE OF NEW JERSEY” pass its second and final reading and is hereby adopted. Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 294 OFFERED BY: SECONDED BY: FINAL ADOPTION OF ORDINANCE 30-2006 ENTITLED “AN ORDINANCE AMENDING CITY ORDINANCE CHAPTER 175 ‘ZONING ORDINANCE AND MAP’ IN ITS ENTIRETY TO LIMIT AND RESTRICT TO SPECIFIC DISTRICTS, AND TO REGULATE THEREIN BUILDINGS AND STRUCTURES ACCORDING TO THEIR CONSTRUCTION, AND THE NATURE AND EXTENT OF THEIR USE IN THE CITY OF HACKENSACK, COUNTY OF BERGEN AND STATE OF NEW JERSEY AND TO PROVIDE FOR THE ADMINISTRATION AND ENFORCEMENT THEREOF AND TO FIX PENALTIES FOR VIOLATIONS THEREOF AS AMENDED AND SUPPLEMENTED” Mayor Sasso explains that the final adoption will have to be tabled this evening and rescheduled for a future meeting, however a public hearing will be held this evening due to the fact that same was published in the newspaper. Mayor calls for a public hearing. Motion offered by Melfi and seconded by Meneses that there be a public hearing. PUBLIC HEARING – Jessie Anne Ellison, 351 Second Street, raised questions about the townhouse project proposed for the Alan Party Rental site and whether or not this ordinance would affect same.  Phil Roberts, 17 Lodi Street, questioned whether this ordinance is a result of the PC Air Rights case and was advised by the City Attorney that it is not, the re-adoption of the ordinance is only to correct a technical deficiency with the prior adoption. Motion offered by Melfi and seconded by McAuliffe that the public hearing be closed. Motion offered by Deputy Mayor Meneses, seconded by Councilman McAuliffe and carried to carry this resolution to the next meeting scheduled for September 12, 2006. Roll Call: Ayes - NO. 295 OFFERED BY: MELFI SECONDED BY: MENESES _________________________________________________________________ WHEREAS, it has become necessary, because of retirement, to appoint a committee member to the City of Hackensack’s Deferred Compensation Committee; NOW, THEREFORE, BE IT RESOLVED that Kevin Toomey be appointed to serve on the City of Hackensack Deferred Compensation Committee effective immediately. Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso 296 NO. OFFERED BY: TOWNES SECONDED BY: MELFI _________________________________________________________________ WHEREAS, CVS, Inc., is the taxpayer of certain real property designated as Block 124.D, Lots 1.A, 4, 5.0 referred to as 101 Polifly Road; and WHEREAS, the taxpayer filed an appeal to its 2003, 2004 and 2005 real property tax assessments which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the total yearly assessment is $1,200,000; 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 is 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 “CVS, Inc. v. Hackensack”, Docket Nos: 005488-2003; 004143-2004 and 003458-2005, presently pending in the Tax Court of New Jersey, so that the assessment shall be maintained for 2003 and 2004 and reduced to $1,025,000 for 2005; 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, Townes, Meneses, McAuliffe, Sasso NO. 297 OFFERED BY: TOWNES SECONDED BY: MELFI _________________________________________________________________ WHEREAS, Cypress Holding Co. is the owner and taxpayer of certain real property designated as Block 107, Lot 26 (311 Vincent Street); Block 110, Lot 22 (Vincent Avenue); Block 110, Lot 25 (Vincent Avenue); Block 113.05 Lot 1 (Vincent Avenue) and Block 315, Lot 5; and WHEREAS, the taxpayer filed an appeal to its 2004 and 2005 real property tax assessments which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the total yearly assessment is $1,144,000; 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 is 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 “Cypress Holding Co. v. Hackensack”, Docket Nos: 004139-2004 and 004045-2005, presently pending in the Tax Court of New Jersey, so that the assessment shall be maintained for 2004 and reduced to $1,000,000 for 2005; 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, Townes, Meneses, McAuliffe, Sasso NO. 298 OFFERED BY: MELFI SECONDED BY: McAULIFFE _________________________________________________________________ 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 did occur when a sewer line collapsed at 261 Main Street and was rendered inoperable; and WHEREAS, the Project Manager notified the City Manager setting forth the 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 line to full operation; and WHEREAS, the cost of the repair was $5,066.16, which was a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in account 6-01-26-311-204 of the Current Budget. Purchase Order #151371; NOW, THEREFORE, BE IT RESOLVED that pursuant to N.J.S.A.40A:11-6 which authorizes the governing body to award contract without benefit of public bidding in emergency situations and the vendor J. Fletcher Creamer & Son, Inc., 101 East Broadway, Hackensack, New Jersey 07601, be paid therefore. Roll Call: Ayes - Melfi, Townes, Meneses, McAuliffe, Sasso NO. 299 OFFERED BY: MELFI SECONDED BY: McAULIFFE _________________________________________________________________ BE IT RESOLVED by the City Council of the City of Hackensack that the appointment of Deputy Mayor Jorge Meneses as Council representative to the Local Assistance Board, for a one year term, made by the City Manager, be confirmed. . Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 300 OFFERED BY: MENESES SECONDED BY: McAULIFFE _________________________________________________________________ INTRODUCTION OF THE ORDINANCE AMENDING CITY ORDINANCE CHAPTER 170-21, TO ELIMINATE ONE BUS STOP ON ESSEX STREET EASTBOUND AT FAIR STREET BE IT RESOLVED that the above ordinance, being Ordinance 31- 2006 as introduced as amended, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held on September 12th, 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, Townes, Meneses, McAuliffe, Sasso NO. 301 OFFERED BY: McAULIFFE SECONDED BY: MELFI _________________________________________________________________ INTRODUCTION OF AN ORDINANCE AMENDING CITY ORDINANCE, 2-82 CHAPTER 170-49.2 ‘PARKING FOR THE HANDICAPPED’, TO INCLUDE THE SOUTH SIDE OF BERGEN STREET FROM A POINT COMMENCING FROM THE APEX OF BERGEN AND STATE STREETS, 25 FEET EAST ALONG THE SOUTHERN CURB LINE TO A POINT 42 FEET EAST THEREOF.  BE IT RESOLVED that the above ordinance, being Ordinance 32- 2006 as introduced as amended, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held on September 12th, 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, Townes, Meneses, McAuliffe, Sasso NO. 302 OFFERED BY: MENESES SECONDED BY: McAULIFFE _________________________________________________________________ BE IT RESOLVED, that the Mayor and Council of the City of Hackensack wish to enter into a grant agreement with the County of Bergen for the purpose of using $81,000 in FY2006 Community Development Block Grant funds for Barrier Free Curb Ramps; and BE IT FURTHER RESOLVED, that the Mayor and Council hereby authorizes City Manager Stephen LoIacono to be a signatory to the aforesaid grant agreement; and BE IT FURTHER RESOLVED, that the Mayor and Council hereby authorizes Louis J. Garbaccio, Treasurer/CFO to sign all County vouchers submitted in connection with the aforesaid project; and BE IT FURTHER RESOLVED, that the Mayor and Council recognizes that the City of Hackensack is liable for any funds not spent in accordance with the Grant Agreement; and that liability of the Mayor and Council is in accordance with HUD requirements. Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 303 OFFERED BY: MENESES SECONDED BY: McAULIFFE _________________________________________________________________ BE IT RESOLVED, that the Mayor and Council of the City of Hackensack wish to enter into a grant agreement with the County of Bergen for the purpose of using $214,498 in FY2006 Community Development Block Grant funds for Roadway Improvements; and BE IT FURTHER RESOLVED, that the Mayor and Council hereby authorizes City Manager Stephen LoIacono to be a signatory to the aforesaid grant agreement; and BE IT FURTHER RESOLVED, that the Mayor and Council hereby authorizes Louis J. Garbaccio, Treasurer/CFO to sign all County vouchers submitted in connection with the aforesaid project; and BE IT FURTHER RESOLVED, that the Mayor and Council recognizes that the City of Hackensack is liable for any funds not spent in accordance with the Grant Agreement; and that liability of the Mayor and Council is in accordance with HUD requirements.  Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 304 OFFERED BY: TOWNES SECONDED BY: MENESES _________________________________________________________________ 2006 BUDGET AMENDMENT PUBLIC HEARING Mayor announces that an amendment to the 2006 City of Hackensack Annual Municipal Budget was introduced on August 8th, 2006 and advertised on August 14th, 2006 pursuant to law and calls for a motion to hold the public hearing. Motion offered by Melfi and seconded by McAuliffe that the public hearing be held. Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso Public Hearing - Phil Roberts, 17 Lodi Street, asked for the total amount of last year’s budget. Motion offered by Meneses and seconded by McAuliffe that the hearing be closed. Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 305 OFFERED BY: TOWNES SECONDED BY: MELFI _________________________________________________________________ WHEREAS, the Board of Adjustment of the City of Hackensack is currently holding the sum of $10,000.00 with regard to certain escrow fees paid to the City of Hackensack by P.C. Air Rights LLC; and WHEREAS, P.C. Air Rights LLC did not make a formal application to the Board of Adjustment but rather appealed a ruling of the Zoning Official to the Board of Adjustment; and WHEREAS, the City of Hackensack has a policy of requiring escrows to be paid by the applicant upon formal presentation of an application to the Board of Adjustment; and WHEREAS, there was never a formal presentation of a full application to the Board of Adjustment by P.C. Air Rights LLC; and WHEREAS, the City Council and the Mayor of the City of Hackensack believe that it is appropriate to refund the sum of $10,000.00 to P.C. Air Rights LLC, which represents the escrow previously paid by P.C. Air Rights LLC to the City of Hackensack. NOW, THEREFORE, BE IT RESOLVED, that the City Council and the Mayor of the City of Hackensack authorize the release and refund of the $10,000.00 escrow to P.C. Air Rights LLC. Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 306 OFFERED BY: MELFI SECONDED BY: McAULIFFE _________________________________________________________________ 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 $1,225.00 443 24,C0041 Pajooh, Rudy R. 2005 ERR PMT & Danette M. $50.00 refund to Law Offices of Uscher, Quiat, Uscher and Russo, 433 Hackensack Avenue for Discovery Materials. Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 307 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 Account $2,034,561.86 Escrow 7,551.75 Payroll Agency Account 121,361.48 Public Parking System 14,159.69 Capital Account 252,185.54 Trust Account 12,369.00 Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 308 OFFERED BY: MENESES SECONDED BY: McAULIFFE _________________________________________________________________ WHEREAS, N.J.S.40A-8, as amended, provides that the budget be passed 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 budget as advertised has been posted in City Hall and copies have been made available by the City Clerk to persons requiring them; and WHEREAS, these two conditions have been met; NOW, THEREFORE, BE IT RESOLVED that the budget shall be read by title only. Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 309 OFFERED BY: McAULIFFE SECONDED BY: MELFI 2006 BUDGET ADOPTION Roll Call: Melfi, Townes, Meneses, McAuliffe, Sasso