City Council

Resolutions from the November 10, 2009 meeting NO. 385-09 OFFERED BY: MELFI SECONDED BY: SASSO ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 36-2009, AN ORDINANCE APPROPRIATING $488,996 FOR IMPROVEMENTS TO VARIOUS ROADS AND CURBS IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY “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 Sasso that there be a public hearing. PUBLIC HEARING – Len Nix, 83 Elm Avenue, questioned what roads are involved. Mr. Lo Iacono indicated that Arcadia Road would be repaved, which is fully funded by grant money. Mr. Nix stated that it is a lot of money for one road. Mr. Lo Iacono stated that the job has not been bid yet, therefore it could be less. Motion offered by Sasso and seconded by Meneses 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. 36-2009 entitled : AN ORDINANCE APPROPRIATING $488,996 FOR IMPROVEMENTS TO VARIOUS ROADS AND CURBS IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY has passed its second and final reading and is hereby adopted. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 386-09 OFFERED BY: MELFI SECONDED BY: MENESES ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 37-2009, AN ORDINANCE AMENDING SECTION 170-50, SCHEDULE I: NO PARKING, TO PROHIBIT PARKING ON PROSPECT AVENUE FROM ESSEX STREET TO ATLANTIC STREET “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 – Donna McCloud, 64 Prospect Avenue, stated that she is handicapped and disabled and that there is no on-site parking for this building. She also stated that no one had informed anyone in the area of this change and questioned whether Nigito Realty, the owner of the building, had been contacted. She further stated that she would not be able to walk up the hill from the garage. Mr. Lo Iacono Council Meeting – 11/10/09 stated that arrangements for the residents have not been finalized and that the City will make sure that proper accommodations are made in certain circumstances. Brenda Wilder, 64 Prospect Avenue, said that she has nurses that come to check on her as well as oxygen pick-ups, and questioned where they will be able to park. She also stated that she is unable to walk up the hill. She stated that she moved here from Paterson and that the Council should come out and see what the neighborhood is about prior to making decisions. Blanche Stuart, 252 Third Street, questioned how the Council can vote on something when the details haven’t been finalized. She also wanted to know why there is a difference between that portion of Prospect Avenue and the other sections where there are homeowners. Mayor Townes stated that it is a safety issue for the whole area and that the creation of new turning lanes will keep the traffic from backing up. Ms. Stuart asked if all of the parking on Prospect Avenue would be eliminated and the Mayor stated no. Ms. Stuart said that it is discrimination between the rental units and the homeowners and that it is unfair to those tenants that live there. Ms. Wilder, 64 Prospect Avenue, stated that she is a non-handicapped driver that lives in this building, however she feels that she should not be penalized because of HUMC. The Mayor stated that all pending ordinances are published in the newspaper and Ms. Wilder asked if the management companies had been notified. Mr. Lo Iacono stated that handicapped parkers are going to be accommodated and that although the ordinance will eliminate approximately forty-five parking spaces, there are one hundred and twenty spaces in the garage for City use only and they will be leased to the residents. Rhonda Bembry, Prospect Avenue, stated that she will now have to pay to visit friends in the area and questioned who will enforce the metered parking in the garage and asked the Council to again consider the ordinance before they vote. Regina DePasquale, Parker Avenue, stated that the ordinance should be tabled until this is finalized as it is affecting lives, wallets and quality of life in the neighborhood. She asked if there are reports from the Fire Department, Police Department and Ambulance regarding this matter. She also stated that the handicapped issue had not been resolved and that there is no time limit on ordinance discussion. Debbie Labrosse, 18 Brook Street, asked the Council to table this matter as they don’t have a plan for the people who need it right now. She asked how the Council can vote after hearing the residents’ concerns. She stated that the Council is elected to represent the people and to serve the people, however this gets forgotten sometimes. Kathy Canestrino, 37 Brook Street, implored the Council to table this ordinance tonight as the details have not been fully worked out. She also stated that residents had only come upon the information regarding this ordinance haphazardly and encouraged the Council to send out flyers and let the people have an opportunity to come and speak about this issue. Len Nix, 83 Elm Avenue, questioned who thought of this idea and stated that it wasn’t in any of the plans for the buildings. He also stated that the valet parking jams up the entrance and that the City doesn’t need this stupid parking garage and made an inference to Senator Coniglio. Blanche Stuart stated that the issue should be postponed until the details have been filled in. Motion offered by Meneses 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. 37-2009 entitled : AN ORDINANCE AMENDING SECTION 170-50, SCHEDULE I: NO PARKING, TO Council Meeting – 11/10/09 PROHIBIT PARKING ON PROSPECT AVENUE FROM ESSEX STREET TO ATLANTIC STREET has passed its second and final reading and is hereby adopted. Roll Call - Ayes: Sasso, Meneses, Melfi, Townes Nay: Labrosse ** Deputy Mayor Sasso stated that the ordinance had been drafted in an attempt to address traffic and quality of life issues in the area and that plans are in progress right now and as soon as they are finalized everyone will be accommodated. Councilman Meneses stated that this issue is not cast in stone and that it can always be changed. Councilman Labrosse stated that the matter should be tabled as valid points were made tonight. Councilman Melfi stated that he believes in the traffic report that was provided. Mayor Townes also stated that ordinances are always fluid, not cast in stone and that adjustments can be made. He further stated that the residents should have been notified. NO. 387-09 OFFERED BY: MELFI SECONDED BY: SASSO ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 38-2009, AN ORDINANCE AMENDING CITY ORDINANCE NO. 15-2008, THE PROPERTY MAINTENANCE CODE, TO REQUIRE A PERMIT AND INSPECTION PROCESS FOR STORAGE CONTAINERS. “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move? Motion offered by Sasso and seconded by Melfi that there be a public hearing. PUBLIC HEARING – Len Nix, 83 Elm Avenue, stated that he knows of containers around the City that have been there for six months and questioned whether or not it will be enforced. Councilman Melfi stated that the amendment to the ordinance will allow for better enforcement and Mayor Townes stated that the amendment was needed to deal with POD storage. Motion offered by Melfi and seconded by Sasso 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. 38-2009 entitled : AN ORDINANCE AMENDING CITY ORDINANCE 15-2008, THE PROPERTY MAINTENANCE CODE, TO REQUIRE A PERMIT AND INSPECTION PROCESS FOR STORAGE CONTAINERS has passed its second and final reading and is hereby adopted. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 388-09 Council Meeting – 11/10/09 OFFERED BY: SASSO SECONDED BY: MENESES INTRODUCTION OF ORDINANCE NO. 39-2009, AN ORDINANCE TO AMEND CHAPTER 170-70 TO DECREASE THE PARKING METER FEE ON BERGEN STREET FROM $.25 PER HALF HOUR TO $.25 PER HOUR BE IT RESOLVED that the above ordinance, being Ordinance 39-2009 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 December 8, 2009 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: Labrosse, Sasso, Meneses, Melfi, Townes ** Councilman Melfi stated that a resident had approached the Council with reference to the disparity in meter timing and, as a result, the Council had requested that the matter be reviewed by the Traffic Division which ultimately led to the amendment to the ordinance. NO. 389- 09 OFFERED BY: SASSO SECONDED BY: MELFI INTRODUCTION OF ORDINANCE NO. 40-2009, AN ORDINANCE AUTHORIZING THE LEASE BETWEEN THE CITY OF HACKENSACK AND HACKENSACK UNIVERSITY MEDICAL CENTER FOR THE LEASING OF AIR RIGHTS BE IT RESOLVED that the above ordinance, being Ordinance 40-2009 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 December 8, 2009 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. ** Prior to asking for a motion the Mayor thanked Richard Salkin, Esq. for the work that he had put in on this issue. He also stated that it is a win-win for both HUMC and the City. Roll Call - Ayes: Sasso, Meneses, Melfi, Townes Abstain: Labrosse NO. 390- 09 Council Meeting – 11/10/09 OFFERED BY: SASSO SECONDED BY: MENESES INTRODUCTION OF ORDINANCE NO. 41-2009, A BOND ORDINANCE PROVIDING A SUPPLEMENTAL APPROPRIATION OF $2,000,000 FOR REPAIRS TO THE CITY’S COMBINED STORM AND SANITARY SEWER SYSTEM AT VARIOUS LOCATIONS IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, AND AUTHORIZING THE ISSUANCE OF $1,900,000 BONDS OR NOTES OF THE CITY FOR FINANCING PART OF THE APPROPRIATION. BE IT RESOLVED that the above ordinance, being Ordinance 41-2009 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 December 8, 2009 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: Labrosse, Sasso, Meneses, Melfi, Townes NO. 391- 09 OFFERED BY: MELFI SECONDED BY: MENESES INTRODUCTION OF ORDINANCE NO. 42-2009, AN ORDINANCE AMENDING CITY ORDINANCE NO. 13-95 “PUBLIC DEFENDER” TO AMEND APPLICATION FEE, SECTION 14-17(c) OF THE CODE OF THE CITY OF HACKENSACK. BE IT RESOLVED that the above ordinance, being Ordinance 42-2009 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 December 8, 2009 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: Labrosse, Sasso, Meneses, Melfi, Townes NO. 392-09 OFFERED BY: SASSO SECONDED BY: LABROSSE INTRODUCTION OF ORDINANCE NO. 43-2009, AN ORDINANCE AMENDING CITY ORDINANCE NO. 2-82, CHAPTER 170.49.2 “PARKING FOR THE HANDICAPPED” TO CREATE A HANDICAPPED PARKING SPACE IN FRONT OF 475 COLONIAL TERRACE. BE IT RESOLVED that the above ordinance, being Ordinance 43-2009 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 December 8, 2009 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 Council Meeting – 11/10/09 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: Labrosse, Sasso, Meneses, Melfi, Townes NO. 393-09 OFFERED BY: SASSO SECONDED BY: LABROSSE INTRODUCTION OF ORDINANCE NO. 44-2009, AN ORDINANCE AMENDING CITY ORDINANCE NO. 2-82, CHAPTER 170.49.2 “PARKING FOR THE HANDICAPPED” TO CREATE A HANDICAPPED PARKING SPACE IN FRONT OF 230 POLIFLY ROAD BE IT RESOLVED that the above ordinance, being Ordinance 44-2009 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 December 8, 2009 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: Labrosse, Sasso, Meneses, Melfi, Townes NO. 394-09 OFFERED BY: SASSO SECONDED BY: LABROSSE INTRODUCTION OF ORDINANCE NO. 45-2009, AN ORDINANCE AMENDING CITY ORDINANCE NO. 2-82, CHAPTER 170.49.2 “PARKING FOR THE HANDICAPPED” TO CREATE A HANDICAPPED PARKING SPACE IN FRONT OF 12 FREDERICK STREET BE IT RESOLVED that the above ordinance, being Ordinance 45-2009 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 December 8, 2009 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: Labrosse, Sasso, Meneses, Melfi, Townes NO. 395-09 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: Council Meeting – 11/10/09  Current Fund $16,442,926.58 Grants 157.86 Payroll 266,684.76 Self Insurance 157,353.94 Public Parking 20,484.98 Capital 454,456.41 Trust Account 53,309.59 Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes “The City Clerk announces that the following items are considered to be routine in nature and will be enacted in one motion; any items requiring expenditure are supported by a Certification of Availability of Funds; any item requiring discussion will be removed from the Consent Agenda; all Consent Agenda items will be reflected in full in the minutes including any exceptions and/or additions.” NO. 396-09 OFFERED BY: MELFI SECONDED BY: SASSO _______________________________________________________________ WHEREAS, the City of Hackensack is desirous of entering into an agreement with the Borough of North Arlington concerning the use of the police pistol range located in the Hackensack Meadowlands/Borough of North Arlington, New Jersey; and WHEREAS, the Borough of North Arlington and the City of Hackensack have entered into this agreement in the past; and WHEREAS, the Borough of North Arlington has agreed to allow the City of Hackensack’s Police Department to utilize the range facilities, NOW, THEREFORE, BE IT RESOLVED that: (l) the Mayor of the City of Hackensack is hereby authorized to enter into this agreement with the Borough of North Arlington to facilitate the above referenced use of the pistol range. BE IT FURTHER RESOLVED that Mayor Marlin G. Townes is authorized to sign the agreement on behalf of the City of Hackensack. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 397-09 OFFERED BY: MELFI SECONDED BY: SASSO _______________________________________________________________ BE IT RESOLVED by the City Council of the City of Hackensack that a Club License be issued to St. Paul’s Lodge No.7, 184 Berdan Place, Hackensack, New Jersey, effective November 10, 2009. Council Meeting – 11/10/09  BE IT FURTHER RESOLVED that the applicant has complied with Sub Chapter 7 of the New Jersey Administrative Code. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 398-09 OFFERED BY: MELFI SECONDED BY: SASSO _______________________________________________________________ WHEREAS, the Public Health Priority Funding Act of 1977 provides for participation of local health agencies and makes available financial aid to assist such agencies; and WHEREAS, the City of Hackensack has established and maintains a program of recognized public health activities and meets the public health practice standards of performance as prescribed by the Public Health Council in accordance with the laws of the State of New Jersey; and WHEREAS, the Hackensack Health Department qualified for Public Health Priority Funding for the period of January 1, 2010 through December 31, 2010. 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 Public Health Priority Funding for the period January 1, 2010 through December 31, 2010. . Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 399-09 OFFERED BY: MELFI SECONDED BY: SASSO _______________________________________________________________ WHEREAS, NJS 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 Council of the City of Hackensack, in the County of Bergen, State of 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 calendar year 2009 in the sum of $82,192 which is now available from: Miscellaneous Revenues: Special Items of General Revenue Anticipated With Prior Written Consent of the Director of the Division of Local Government Services: State and Federal Revenues Off-set with Appropriations: Hazardous Discharge Site Remediation Grant Program in the amount of $82,192. BE IT FURTHER RESOLVED that the like sum of $82,192 is hereby appropriated under the caption of : General Appropriations: Council Meeting – 11/10/09  (a) Operations Excluded from CAPS State and Federal Programs Off-Set by Revenues: Hazardous Discharge Site Remediation Grant Program Other Expenses BE IT FURTHER RESOLVED, that the above is the result of funds from the State of New Jersey, Economic Development Authority in the amount of $82,192. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 400-09 OFFERED BY: MELFI SECONDED BY: SASSO _______________________________________________________________ WHEREAS, NJS 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 Council of the City of Hackensack, in the County of Bergen, State of 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 calendar year 2009 in the sum of $118,544 which is now available from: Miscellaneous Revenues: Special Items of General Revenue Anticipated With Prior Written Consent of the Director of the Division of Local Government Services: State and Federal Revenues Off-set with Appropriations: 2010 State Health Services Grant in the amount of $118,544. BE IT FURTHER RESOLVED that the like sum of $118,544 is hereby appropriated under the caption of: General Appropriations: (b) Operations Excluded from CAPS State and Federal Programs Off-Set by Revenues: 2010 State Health Services Grant Other Expenses BE IT FURTHER RESOLVED, that the above is the result of funds from the State of New Jersey, Department of Health and Senior Services in the amount of $118,544. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 401-09 OFFERED BY: MELFI SECONDED BY: SASSO _______________________________________________________________ WHEREAS, NJS 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 Council Meeting – 11/10/09 appropriation for equal amount, NOW THEREFORE, BE IT RESOLVED, that the Council of the City of Hackensack, in the County of Bergen, State of 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 calendar year 2009 in the sum of $19,999 which is now available from: Miscellaneous Revenues: Special Items of General Revenue Anticipated With Prior Written Consent of the Director of the Division of Local Government Services: State and Federal Revenues Off-set with Appropriations: 2009 Edward Byrne Memorial Grant in the amount of $19,999 BE IT FURTHER RESOLVED that the like sum of $19,999 is hereby appropriated under the caption of: General Appropriations: (c) Operations Excluded from CAPS State and Federal Programs Off-Set by Revenues: 2009 Edward Byrne Memorial Grant Other Expenses BE IT FURTHER RESOLVED, that the above is the result of funds from the Borough of Paramus in the amount of $19,999. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 402-09 OFFERED BY: MELFI SECONDED BY: SASSO _______________________________________________________________ WHEREAS, NJS 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 Council of the City of Hackensack, in the County of Bergen, State of 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 calendar year 2009 in the sum of $79,165 which is now available from: Miscellaneous Revenues: Special Items of General Revenue Anticipated With Prior Written Consent of the Director of the Division of Local Government Services: State and Federal Revenues Off-set with Appropriations: 2009 Edward Byrne Memorial Grant in the amount of $79,165 BE IT FURTHER RESOLVED that the like sum of $79,165 is hereby appropriated under the caption of: General Appropriations: (d) Operations Excluded from CAPS State and Federal Programs Off-Set by Revenues: 2009 Edward Byrne Memorial Grant - Other Expenses BE IT FURTHER RESOLVED, that the above is the result of funds from the Council Meeting – 11/10/09 Borough of Paramus in the amount of $79,165. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 403- 09 OFFERED BY: MELFI SECONDED BY: SASSO _______________________________________________________________ WHEREAS, a Bergen County Community Development Grant of $109,990.00 has been proposed by the Mayor and Council for grading and drainage improvements to Foschini Park in the municipality of Hackensack; and WHEREAS, pursuant to the State Inter-local Services Act, Community Development funds may not be spent in a municipality without authorization by the Governing Body; and WHEREAS, the aforesaid project is in the best interest of the people of the City of Hackensack; 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: Labrosse, Sasso, Meneses, Melfi, Townes NO. 404-09 OFFERED BY: MELFI SECONDED BY: SASSO _______________________________________________________________ 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 $ 264.00 541 1,C001H Howard, Tracy 2010 Dup. Pymt. 3,598.55 451 14 Zisa, Joseph C.Jr. & Gail M. 2009 Dup. Pymt. 10,534.54 409 14.01 Keybank Real Estate Capital 2009 Dup. Pymt. 1,259.51 442 41 Proano, Julio & Zulma 2008 Homestead Reb. 1,990.00 109.01 8 Lasser, Hochman, LLC Trust Account 2007 STB 2,097.00 109.01 8 “ “ “ “ 2008 STB 2,215.00 109.01 8 “ “ “ “ 2009 STB 9,474.39 523 1 Wachovia Bank, NA 2007 STB 9,983.82 523 1 “ “ “ “ 2008 STB 1,219.40 527 5.03 95 Zabriskie St. LLC & Peter J. Zipp, Esq. 2005 STB 3,707.40 527 5.03 “ “ “ “ 2006 STB 4,499.39 527 5.03 “ “ “ “ 2007 STB 4,741.32 527 5.03 “ “ “ “ 2008 STB 3,653.51 527 7.01 Orchard St. 2001 and Peter J. Zipp, Esq. 2005 STB 24,158.22 527 7.01 “ “ “ “ 2006 STB 9,550.01 527 7.01 “ “ “ “ 2007 STB 10,063.50 527 7.01 “ “ “ “ 2008 STB Council Meeting – 11/10/09  1,881.16 521 22,C00B2 Total Mortgage Solutions 2009 Dup. Pymt. 3,498.42 76 52.01 Pressler, David F et al 2007 STB 4,735.03 76 52.01 “ “ “ “ 2008 STB 477.47 76 52.01 “ “ “ “ 2009 STB 5,412.80 208 23 Maycher, Dennis A., atty for Bergen County Bar Foundation 2007 STB 5,703.84 208 23 “ “ “ “ 2008 STB 6,024.80 208 23 “ “ “ “ 2009 STB 1,070.01 100.01 6.02,C0306 Skyview at Hackensack, LLC 2009 CTB 36,288.00 311 3 Gordon, Gary D., attorney for 190 Main St. Assoc.LLC 2004 STB 2,384.92 573 9 MetLife Home Loans 2009 Dup. Pymt. 981.96 238 5,C002F Johnson, Debra 2009 Homestead Reb. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 405-09 OFFERED BY: MELFI SECONDED BY: SASSO _______________________________________________________________ WHEREAS, the New Jersey Department of Environmental Protection, Green Acres Program, hereinafter referred to as the “State” provides loans and/or grants to municipal and county governments and grants to nonprofit organizations for assistance in the acquisition and development of lands for outdoor recreation and conservation purposes; and WHEREAS, the City of Hackensack desires to further the public interest by obtaining a loan of $446,435 and/or a grant of $553,565 from the State to fund the Second Ward Park Improvements. NOW, THEREFORE, the Mayor and Council for the City of Hackensack hereby authorizes City Manager, Stephen LoIacono to:  Make application for a grant  Provide additional application information and furnish such documents as may be required, and  Act as the authorized correspondent of the City of Hackensack WHEREAS, the State shall determine if the application is complete and in conformance with the scope and intent of the Green Acres Program, and notify the City of Hackensack of the amount of the funding award; and WHEREAS, the City of Hackensack is willing to use the State’s funds in accordance with such rules, regulations and applicable statutes, and is willing to enter into an agreement with the State for the above named project; NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF HACKENSACK, 1. That the City Manager of the City of Hackensack is hereby authorized to execute an agreement and any amendment thereto with the State for the project known as Second Ward Park Improvements. 2. That, the City of Hackensack has its matching share of the project, if a match is required, in the amount of $107,130. 3. That, in the event the State’s funds are less than the total project cost specified above, the City of Hackensack will procure the balance of funding necessary to complete the project; 4. That the City of Hackensack agrees to comply with all applicable federal, state and local laws, rules and regulations in its performance of the project; and 5. That this resolution will take effect immediately. Council Meeting – 11/10/09  Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 406-09 OFFERED BY: MELFI SECONDED BY: SASSO _______________________________________________________________ WHEREAS, the Hackensack City Council fully supports the use of Mass Transit and encourages the expansion of possible rail lines and through the City of Hackensack; and WHEREAS, NJ Transit proposes to establish the Passaic-Bergen Rail Line between Hawthorne and Hackensack including five stops in Paterson and two stops in Hackensack; and WHEREAS, NJ Transit has had several discussions with Hackensack City officials and offered no alternate location to the second stop in Hackensack at State Street; and WHEREAS, NJ Transit has suggested that its first stop in the City of Hackensack on American Legion Drive would provide mass transit for employees of Hackensack University Medical Center and as yet has provided no proof there are a sufficient number of employees of Hackensack University Medical Center that might be likely to avail themselves of the Passaic-Bergen Rail Line; and WHEREAS, NJ Transit has initiated the process of eminent domain to seize City property for a turnaround station at State Street with no heed to the requests of Hackensack’s elected officials for a more viable and economically beneficial location; and WHEREAS, the governing body of the City of Hackensack does not believe the proposed passenger line as currently planned would be economically beneficial to the City of Hackensack and therefore not in the best interests of the City of Hackensack. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that: (1) The Mayor and the City Council oppose the establishment of the Passaic-Bergen Rail Line in its current plan. (2) The Mayor and the City Council encourage NJ Transit to review its plans for stops in the City of Hackensack to provide for Mass Transit that is beneficial to the City of Hackensack as well as The Passaic- Bergen Rail Line. BE IT FURTHER RESOLVED that the City Clerk shall forward true copies of this resolution to Governor Jon Corzine, Governor-Elect Chris Christie, Senator Frank Lautenberg, Senator Robert Menendez, Congressman Steven Rothman, State Senator Loretta Weinberg, Assemblywoman Valerie Huttle, Assemblyman Gordon Johnson, the Board of Bergen County Freeholders, and County Executive Dennis McNerney. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to retain a copy of this resolution for public inspection. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes Council Meeting – 11/10/09  NO. 407-09 OFFERED BY: MELFI SECONDED BY: SASSO _______________________________________________________________ WHEREAS, NJS 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 Council of the City of Hackensack, in the County of Bergen, State of 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 calendar year 2009 in the sum of $30,741.11 which is now available from: Miscellaneous Revenues: Special Items of General Revenue Anticipated With Prior Written Consent of the Director of the Division of Local Government Services: State and Federal Revenues Off-set with Appropriations: 2007 Recycling Tonnage Grant BE IT FURTHER RESOLVED that the like sum of $30,741.11 is hereby appropriated under the caption of: General Appropriations: (e) Operations Excluded from CAPS State and Federal Programs Off-Set by Revenues: 2007Recycling Tonnage Grant Other Expenses BE IT FURTHER RESOLVED, that the above is the result of funds from the State of New Jersey, Department of Environmental Protection in the amount of $30,741.11. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 408-09 OFFERED BY: MELFI SECONDED BY: SASSO WHEREAS, bids were advertised in The Record to be received on October 15, 2009 for the Improvements to Esplanade Park; and WHEREAS, ten bids were received; and WHEREAS, it is the recommendation of Boswell Engineering that the bid be awarded to the low bidder, Zenith Construction Services, 256 Grant Avenue, East Newark, New Jersey, 07029, at the bid price of $175,255.20; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in account number C-04-55-ZAO-001-002, Purchase Order #168652; Council Meeting – 11/10/09  NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Hackensack that the contract for the Improvements to Esplanade Park be awarded to Zenith Construction Services in the amount of $175,255.20. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 409-09 OFFERED BY: MELFI SECONDED BY: SASSO _______________________________________________________________ BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen, State of New Jersey, that the Mayor and City Manager are hereby authorized to execute an Agreement between the City of Hackensack and the Administrative Officers of the Hackensack Police Department for the period of January 1, 2009 through December 31, 2012. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 410-09 OFFERED BY: MELFI SECONDED BY: SASSO _______________________________________________________________ WHEREAS, the Mayor and Council of the City of Hackensack are interested in leasing office space at 155 Hudson Street, Hackensack, New Jersey for the purpose of establishing a satellite police station in the area; and WHEREAS, this office space is currently available; and WHEREAS, the commencement date of said lease will be December 1, 2009; and WHEREAS, it is in the best interests of the residents of the City of Hackensack to rent this office space. NOW, THEREFORE, BE IT RESOLVED that the City Manager is hereby authorized to enter into a lease agreement for 155 Hudson Street, Hackensack, New Jersey, under terms and conditions that he deems appropriate. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 411-09 OFFERED BY: MELFI SECONDED BY: SASSO _______________________________________________________________ WHEREAS, Denholtz 30 Woodridge Avenue-Hackensack appeared before the Hackensack Planning Board with an application to construct a child care center at the UN University Office District as set forth in the Zoning Ordinance of the City of Hackensack; and WHEREAS, the Hackensack Planning Board, after hearing testimony, voted to approve this application; and Council Meeting – 11/10/09  WHEREAS, the applicant and the City of Hackensack have entered into a Developer’s Agreement; and WHEREAS, it is in the best interests of the residents of the City of Hackensack to enter into this agreement. NOW, THEREFORE, BE IT RESOLVED that the Mayor of the City of Hackensack is hereby authorized to sign the Developer’s Agreement on behalf of the City of Hackensack. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 412-09 OFFERED BY: MELFI SECONDED BY: SASSO _______________________________________________________________ WHEREAS, the City of Hackensack owns real property located at 163 Liberty Street, Hackensack, New Jersey; and WHEREAS, the Mayor and Council of the City of Hackensack are desirous of selling said property; and WHEREAS, the City of Hackensack has retained the services of Caspert Management Co. Inc. to sell such property at public auction; and WHEREAS, a public auction was conducted on October 26, 2009; and WHEREAS, the City of Hackensack received a high bid in the amount of $400,000.00 for the above referenced property; and WHEREAS, it is in the best interests of the residents of the City of Hackensack to accept the high bid of $400,000.00. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack authorize the sale of this Real Property located at 78 Central Avenue, Hackensack, New Jersey, in accordance with the terms of the public auction. BE IT FURTHER RESOLVED that the Mayor of the City of Hackensack is hereby authorized to sign any and all documents necessary to effectuate the sale of the Real Property located at 163 Liberty Street, Hackensack, New Jersey. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 413-09 OFFERED BY: MELFI SECONDED BY: SASSO _______________________________________________________________ BE IT RESOLVED that the City Manager is hereby authorized to sign an agreement with MICCOM for EMS Call Screening and BLS Dispatch between the hours of 6:00 p.m. to 6:00 a.m., seven days a week, 365 days a year. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes Council Meeting – 11/10/09  NO. 414-09 OFFERED BY: MELFI SECONDED BY: SASSO _______________________________________________________________ WHEREAS, the City of Hackensack applied for Green Acre funding for the construction of a walkway along the Hackensack River on Johnson Park; and WHEREAS, Green Acre funding has been received and used for the construction of said walkway; and WHEREAS, the City of Hackensack has constructed a walkway on city owned property along the Hackensack River, commonly known as Johnson Park; and WHEREAS, this walkway is in the best interests of the residents of Hackensack; and WHEREAS, the State of New Jersey Department of Environmental Protection (DEP) has been actively involved in monitoring the construction of this walkway; and WHEREAS, the State of New Jersey DEP has issued a Conditional No Further Action letter and a Covenant Not to Sue with Requirements for Biennial Certifications; and WHEREAS, it is necessary for the Project Manager, John Flannigan, of the City of Hackensack to sign the aforementioned documents on behalf of the City of Hackensack. NOW, THEREFORE, BE IT RESOLVED that the Project Manager, John Flannigan, of the City of Hackensack is hereby authorized to sign the Conditional No Further Action Letter and Covenant Not to Sue with Requirements for Biennial Certifications. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 415 -09 OFFERED BY: MELFI SECONDED BY: SASSO WHEREAS, Bergen County Community Development Grants have been proposed by the following organizations located in the municipality of Hackensack, New Jersey; and WHEREAS, pursuant to the State Inter-local Services Act, Community Development funds may not be spent in a municipality without authorization by the Mayor and City Council; and WHEREAS, this resolution does not obligate the financial resources of the municipality and is intended solely to expedite expenditure of the aforesaid Community Development Funds. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Hackensack hereby confirms endorsement of the following projects; 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 projects may be expedited. APPLICANT AMOUNT PURPOSE Council Meeting – 11/10/09 Tri-Arc Community Dev. Corp. $10,000.00 Feasibility Study H.O.P.E. for Ex-Offenders & Family Services $4,000.00 Seminar Training Equipment H.O.P.E. for Ex-Offenders & Family Services $9,220.00 Pantry Warehouse Expansion H.O.P.E. for Ex-Offenders & Family Services $53,950.00 Operation, Administration & Public Services Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 416-09 OFFERED BY: MELFI SECONDED BY: SASSO _______________________________________________________________ BE IT RESOLVED by the City Council of the City of Hackensack that a refund of interest in the amount of $16.65 be issued to Ellen Ptalis, 301 Beech Street, Hackensack, New Jersey, due to the fact that the U.S. Postal Service confirmed that this tax payment was delayed as a result of their error. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 417-09 OFFERED BY: MELFI SECONDED BY: SASSO _______________________________________________________________ BE IT RESOLVED by the City Council of the City of Hackensack that an alcoholic beverage identification card be issued by the Police Department to Trindell Smith, as he has satisfied all outstanding obligations as of October 2, 2009. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 418-09 OFFERED BY: MELFI SECONDED BY: SASSO _______________________________________________________________ WHEREAS, it is the perception and belief of the Council of the City of Hackensack that there are a proliferation of sites throughout the City that are in “need of redevelopment” as that term is defined in the Local Redevelopment Housing Law N.J.S.A. 40A:12a-1 et seq.; and Council Meeting – 11/10/09  WHEREAS, the Local Redevelopment Housing Law N.J.S.A. 40A:12a-6 requires, that, prior to making such determinations, the Council is empowered to request that the Planning Board make a preliminary investigation of the areas proposed to be included in the redevelopment area and to direct the appropriate municipal agencies to conduct public hearings; and WHEREAS, the Council is of the opinion that a preliminary investigation should be undertaken in regard to Block 504.02, Lot 13.02 (a/k/a Block 504A, Lot 13A) commonly known as 414 Hackensack Avenue as shown and designated on the tax map at the City of Hackensack to determine whether the aforestated areas have satisfied the statutory criteria of being deemed “an area in need of redevelopment”. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack as follows: The Planning Board of the City of Hackensack is hereby directed to commence and prepare a preliminary investigation specifically pertaining to Block 504.02, Lot 13.02 (a/k/a block 504A, Lot 13A) commonly known as 414 Hackensack Avenue, to determine whether said areas should be declared “an area in need of redevelopment” pursuant to N.J.S.A. 40A:12a-1 et seq.; and BE IT FURTHER RESOLVED the Planning Board of the City of Hackensack is directed to conduct all necessary required public hearings and prepare a formal recommendation as provided by Statute N.J.S.A. 40A:12a-1 et seq.; and BE IT FURTHER RESOLVED in conjunction with the Redevelopment study, the Planning Board shall direct the preparation of a map outlining the proposed boundaries of the areas and location of the parcels noted herein which, if the Redevelopment criteria is satisfied, should be classified as an area in need of redevelopment; and BE IT FURTHER RESOLVED that upon conclusion of all statutory public hearings, the Planning Board shall transmit its formal recommendation to the City Council as to whether the areas in question should be classified as “an area in need of redevelopment”; and BE IT FURTHER RESOLVED that the Planning Board is hereby authorized to engage the services of a planner as they deem necessary and appropriate in order to enable the Planning Board to complete its statutory responsibilities including, but not limited to, preparation of the Redevelopment study and area boundary map and statutory public hearings. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes Council Meeting – 11/10/09