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City Council

Regular Meeting

Hackensack, NJ · April 26, 2011

Minutes

Minutes

Resolutions from 4-26-11 meeting: NO. 162 -11 OFFERED BY: SECONDED BY: INTRODUCTION OF ORDINANCE NO. 9-2011, A BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $1,200,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,1400,000 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF BE IT RESOLVED that the above ordinance, being Ordinance 9-2011 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 May 17, 2011 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- NO. 163 -11 OFFERED BY: SECONDED BY: INTRODUCTION OF ORDINANCE NO. 10-2011, AN ORDINANCE TO ADDRESS THE REQUIREMENTS OF THE COUNCIL ON AFFORDABLE HOUSING (COAH) REGARDING COMPLIANCE WITH THE MUNICIPALITY’S PRIOR ROUND AND THIRD ROUND AFFORDABLE HOUSING OBLIGATIONS BE IT RESOLVED that the above ordinance, being Ordinance10-2011 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 May 17, 2011 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- NO. 164 -11 OFFERED BY: SECONDED BY: INTRODUCTION OF ORDINANCE NO. 11-2011, A DEVELOPMENT FEE ORDINANCE BE IT RESOLVED that the above ordinance, being Ordinance11-2011 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 May 17, 2011 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- NO. 165-11 OFFERED BY: SECONDED BY: ________________________________________________________________ BE IT RESOLVED by the City Council of the City of Hackensack that the bills in the following accounts be and are hereby ordered paid: Current Fund $3,688,418.55 Grants 74,472.87 Escrow 70,224.98 Payroll 284,657.25 Public Parking System 12,771.74 Capital 97,387.50 Self Insurance 227,493.00 Trust Account 89,382.01 NO. 166-11 OFFERED BY: SECONDED BY: _______________________________________________________________ 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 Karen K. Sasso is authorized to sign the agreement on behalf of the City of Hackensack. Roll Call - Ayes: NO. 167-11 OFFERED BY: SECONDED BY: _______________________________________________________________ WHEREAS, DDFLM, LLC T/A Ditschman/Flemington Ford, 215 Routes 202 & 31, Flemington, NJ, 08822 has been awarded New Jersey State Contract #A78760T2753 under the State of New Jersey; and WHEREAS, the City of Hackensack wishes to purchase One New 2012 Ford Escape, 4 Door SUV for the Police Department pursuant to Local Public Contract Laws (N.J.S.A. 40A:11-12) and; WHEREAS, the cost to purchase the 2012 Ford Escape, 4 Door SUV will be $21,468.00; and WHEREAS, the A.O.I.C. for the Police Department and the Director of Purchasing agrees that the utilization of the contract represent the best price available. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack authorizes the purchase of one new 2012 Ford Escape, 4 door SUV for the Narcotics Division of the Police Department from DFFLM,LLC t/a Ditschman/Flemington Ford; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available from account #T-03-56-850-836-801 of the DEA Fund. Roll Call - Ayes: NO. 168 -11 OFFERED BY: SECONDED BY: ________________________________________________________________ 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: $45.00 payment collected for unused volleyball registration fee to Mrs. Heidi Saleh, 41 Fairmount Avenue, #88, Hackensack, NJ, 07601. Roll Call - Ayes: NO. 169-11 OFFERED BY: SECONDED BY: ________________________________________________________________ RESOLUTION REQUESTING REVIEW AND APPROVAL OF DEVELOPMENT FEE ORDINANCE AND APPROVAL OF THE AFFORDABLE HOUSING ORDINANCE FOR THE CITY OF HACKENSACK WHEREAS, the Governing Body of the City of Hackensack, County of Bergen and State of New Jersey petitioned the Council on Affordable Housing (COAH) for substantive certification; and WHEREAS, P.L.2008, c.46 section 8 (C. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act (C.40:55D-8.1 through 8.7), permits municipalities that are under the jurisdiction of COAH or of a court of competent jurisdiction and that have a COAH-approved spending plan to impose and retain fees on residential and non-residential development; and WHEREAS, subject to P.L.2008, c.46 section 8 (C. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act (C. 40:55D-8.1) through 8.7), N.J.A.C. 5:97-8.3 permits a municipality to prepare and submit a development fee ordinance and an affordable housing ordinance for review and approval by the Council on Affordable Housing (COAH) that is accompanied by and includes the following: 1. A description of the types of developments that will be subject to fees per N.J.A.C. 5:97-8.3(c) and (d); 2. A description of the types of developments that are exempted per N.J.A.C. 5:97-8.3(e); 3. A description of the amount and nature of the fees imposed per N.J.A.C. 5:97-8.3(c) and (d); 4. A description of collection procedures per N.J.A.C. 5:97-8.3(f); 5. A description of development fee appeals per N.J.A.C. 5:97-8.3(g); and 6. A provision authorizing COAH to direct trust funds in case of non- compliance per N.J.A.C. 5:97-8.3(h). WHEREAS, the City of Hackensack has prepared a draft development fee ordinance and an affordable housing ordinance that establishes standards for the collection, maintenance, and expenditure of development fees consistent with COAH’s regulations at N.J.A.C. 5:97-8 and in accordance with P.L.2008, c.46, Sections 8 (C. 52:27D-329.2) and 32-38 (C. 40:55D-8.1 through 8.7). NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the City of Hackensack, County of Bergen and State of New Jersey requests that COAH review and approve the City of Hackensack’s development fee ordinance and affordable housing ordinance. Roll Call - Ayes: NO. 170–11 OFFERED BY: SECONDED BY: ______________________________________________________________________ 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 $ 6,387.59 89 1.08 1st Constitution Bank 2010 Duplicate pymt 2,220.79 133.01 30 Linda Capizzi 2010 “ “ 10,193.52 89 1.01 The Irwin Law Firm, P.A., Attorney for 200 South Newman Street Assoc. 2008 SBJ 16,304.62 89 1.01 “ “ “ “ “ 2009 SBJ 4,634.71 100.01 6.01 Bruce J. Stavitsky, Esq., Attorney for RX Hackensack Investments etc. 2007 SBJ 4,347.08 213 15 John R. Lloyd, Esq. Attorney for Hobart Enterprises 2008 SBJ 4,591.70 213 15 “ “ “ “ 2009 SBJ 8,777.89 303 14 Waters, McPherson, McNeill, P.C. Attorneys for 17 Mercer Street Associates, LLC 2007 SBJ 13,466.88 311 14 Bruce J. Stavitsky, Esq., Attorney For Bank of America 2006 SBJ 4,328.21 311 16 “ “ “ 2008 SBJ 4,571.76 311 16 “ “ “ 2009 SBJ 2,338.45 124.05 12 Cheryl Dungey 2010 Duplicate pymt Roll Call - Ayes: NO. 171-11 OFFERED BY: SECONDED BY: ________________________________________________________________ WHEREAS, an emergency condition has arisen with respect to the need to make payments for operating expenses prior to the adoption of the budget; and WHEREAS, no adequate provision has been made in the 2011 temporary budget 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; and WHEREAS, the total emergency temporary resolutions adopted in the year pursuant to the provision of N.J.S. 40A:4-20 (Chapter 96, P.L. 1951 amended) including this resolution totals $41,880,619.07; NOW, THEREFORE BE IT RESOLVED (not less than two-thirds of all members therefore 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: TEMPORARY BUDGET APPROPRIATION S&W OTHER TOTALS EXPENSE Sewer Treatment - BCUA 1-01-31-455-456-200 1,521,000.00 1,521,000.00 Worker's Comp O/E 1-01-23-215-215-288 95,000.00 95,000.00 General Insurance & Surety O/E 1-01-23-220-220-285 21,212.50 21,212.50 PEOSHA O/E 1-01-27-330-332-29B 14,000.00 14,000.00 Fire Official O/E 1-01-25-265-266-200 2,000.00 2,000.00 Telephone O/E 1-01-31-440-440-249 13,000.00 13,000.00 Street Lighting O/E 1-01-31-435-435-246 40,000.00 40,000.00 Electricity/Gas O/E 1-01-31-430-430-246 100,000.00 100,000.00 Human Services O/E 1-01-27-345-345-200 2,500.00 2,500.00 Police O/E 1-01-25-240-240-200 30,000.00 30,000.00 City Garage O/E 1-01-26-300-301-200 15,000.00 15,000.00 Streets & Roads O/E 1-01-26-290-290-200 30,000.00 30,000.00 Garbage & Trash O/E 1-01-26-305-305-200 8,000.00 8,000.00 Snow Removal O/E 1-01-26-290-291-200 (38,812.50) (38,812.50) Utilities - Water 1-01-31-445-445-247 10,000.00 10,000.00 Financial Admin O/E 1-01-20-130-130-200 10,000.00 10,000.00 Municipal Clerk S&W 1-01-20-120-120-100 21,000.00 21,000.00 Financial Admin S&W 1-01-20-130-130-100 23,000.00 23,000.00 Tax Collector S&W 1-01-20-145-145-100 11,000.00 11,000.00 Tax Assessor S&W 1-01-20-150-150-100 12,000.00 12,000.00 Rent Stabilization S&W 1-01-21-190-190-100 1,000.00 1,000.00 UCC Bldg Inspectors S&W 1-01-22-195-195-100 16,000.00 16,000.00 Inspection of Property Mgmt S&W 1-01-22-200-200-100 38,000.00 38,000.00 Police S&W 1-01-25-240-240-100 1,000,000.00 1,000,000.00 Crossing Guards S&W 1-01-25-240-241-100 28,000.00 28,000.00 Traffic Control S&W 1-01-25-240-242-100 10,000.00 10,000.00 Communication Operator S&W 1-01-25-240-243-100 25,000.00 25,000.00 Fire Dept S&W 1-01-25-265-265-100 750,000.00 750,000.00 Fire Official S&W 1-01-25-265-266-100 67,000.00 67,000.00 Fire Alarm S&W 1-01-25-265-267-100 8,700.00 8,700.00 Public Bldgs and Grounds S&W 1-01-26-130-130-100 25,000.00 25,000.00 Snow Removal S&W 1-01-26-290-291-100 5,000.00 5,000.00 DPW S&W 1-01-26-300-300-100 65,000.00 65,000.00 City Garage S&W 1-01-26-300-301-100 24,000.00 24,000.00 Street Cleaning S&W 1-01-26-300-302-100 11,000.00 11,000.00 Garbage & Trash S&W 1-01-26-305-305-100 95,000.00 95,000.00 Recycling S&W 1-01-26-305-306-100 22,000.00 22,000.00 Shade Tree S&W 1-01-26-313-313-100 12,000.00 12,000.00 Health S&W 1-01-27-330-331-100 59,000.00 59,000.00 Human Services S&W 1-01-27-345-345-100 15,000.00 15,000.00 Recreation S&W 1-01-28-370-370-100 13,000.00 13,000.00 Parks & Playgrounds S&W 1-01-28-375-375-100 43,000.00 43,000.00 9-1-1 S&W 1-01-42-250-251-100 32,000.00 32,000.00 Municipal Court S&W 1-01-43-490-490-100 70,000.00 70,000.00 TOTAL CURRENT FUND $2,501,700.00 $1,872,900.00 $4,374,600.00 **GRAND TOTAL** $2,501,700.00 $1,872,900.00 $4,374,600.00 2. That said emergency appropriation will be provided for in the 2011 operating budget in full. 3. That three certified copies of this resolution be filed with the Director of Local Government Services. Roll Call – Ayes:

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