City Council

Resolutions from 5-17-11 NO. 188 -11 OFFERED BY: SECONDED BY: ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 9-2011, A BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE CITY OF HACKENSACK IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $1,200,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,140,000 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move? Motion offered by and seconded by that there be a public hearing. PUBLIC HEARING - BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 9-2011 entitled: A BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $1,200,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,140,000 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF has passed its second and final reading and is hereby adopted. Roll Call - Ayes: NO. 189-11 OFFERED BY: SECONDED BY: ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 10-2011, AN ORDINANCE OF THE CITY OF HACKENSACK 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 “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move? Motion offered by and seconded by that there be a public hearing. PUBLIC HEARING - Motion offered by and seconded by 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. 10-2011 entitled: AN ORDINANCE OF THE CITY OF HACKENSACK 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 has passed its second and final reading and is hereby adopted. Roll Call - Ayes: NO. 190-11 OFFERED BY: SECONDED BY: ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 11-2011, A DEVELOPMENT FEE ORDINANCE OF THE CITY OF HACKENSACK, 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 and seconded by that there be a public hearing. PUBLIC HEARING - Motion offered by and seconded by 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. 11-2011 entitled: A DEVELOPMENT FEE ORDINANCE OF THE CITY OF HACKENSACK, COUNTY OF BERGEN, NEW JERSEY has passed its second and final reading and is hereby adopted. Roll Call - Ayes: CARRIED NO. 191-11 OFFERED BY: SECONDED BY: ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 12-2011, AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 170, SECTION 64, OF THE CODE OF THE CITY OF HACKENSACK ENTITLED “SCHEDULE XV: PROHIBITED TURNS AT INTERSECTIONS” “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move? Motion offered by and seconded by that there be a public hearing. PUBLIC HEARING - Motion offered by and seconded by 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. 12-2011 entitled: AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 170, SECTION 64, OF THE CODE OF THE CITY OF HACKENSACK ENTITLED “SCHEDULE Xv: PROHIBITED TURNS AT INTERSECTIONS” has passed its second and final reading and is hereby adopted.  Roll Call - Ayes: NO. 192-11 OFFERED BY: SECONDED BY: INTRODUCTION OF ORDINANCE NO. 13-2011, AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 170, SECTION 24.1 OF THE CODE OF THE CITY OF HACKENSACK ENTITLED “SCHEDULE XXII: RIGHT TURNS ON RED PROHIBITED” BE IT RESOLVED that the above ordinance, being Ordinance 13-2011 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 June 21, 2011 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- NO. 193-11 OFFERED BY: MENESES SECONDED BY: MELFI ________________________________________________________________  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 $5,623,283.58 Grants 8,810.00 Payroll 145,933.57 Self Insurance 219,108.61 Public Parking System 8,346.63 Capital 456,679.37 Trust Account 113,692.66 Roll Call: Ayes - 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. 194-11 OFFERED BY: SECONDED BY: ________________________________________________________________ WHEREAS, the Mayor and City Council of the City of Hackensack have investigated the possibility of installing cameras at various intersections throughout the City of Hackensack; and WHEREAS, the primary purpose of the installation of these cameras is for public safety; and WHEREAS, it is the intent of the Mayor and City Council of the City of Hackensack to reduce the incidents of motorists failing to obey the red light traffic signals; and WHEREAS, the Mayor and City Council of the City of Hackensack believe that the installation of these cameras will reduce the incidents of violations at these intersections; and  WHEREAS, the Mayor and City Council of the City of Hackensack believe that the installation of these cameras is in the best interests of the citizens of the City of Hackensack; and WHEREAS, the City of Hackensack prepared and published on the City of Hackensack’s website, a Request for Qualifications for the installation and monitoring of the red light cameras; and WHEREAS, as a result of the responses to the Request for Qualifications, the City of Hackensack received proposals regarding the above; and WHEREAS, a Committee was formed to review the proposals and conduct interviews; and WHEREAS, the documents received were reviewed by both the Committee and the entire City Council; and WHEREAS, interviews were conducted by the Committee; and WHEREAS, the Committee made a recommendation to the entire Mayor and Council; and WHEREAS, the recommendation was to enter into a Contract with Redflex Traffic Systems, Inc., located at 23751 N. 23 rd Avenue, Phoenix, AZ 85027, for the installation and monitoring of these cameras. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that: 1. The Mayor and City Council of the City of Hackensack authorize the City Manager and the City Attorney to enter into a Contract with Redflex Traffic Systems, Inc., located at 23751 N. 23rd Avenue, Phoenix, AZ 85027; and 2. This Contract is awarded pursuant to a fair and open process. BE IT FURTHER RESOLVED that the City Clerk be and is hereby granted to retain a copy of the Contract for public inspection. Roll Call - Ayes: NO. 195-11 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 $ 3,090.98 136.01 47 Law Office of Nathan P. Wolf, LLC and Howard F. Koval 2008 SBJ 24,088.95 238.02 1 Law Office of Nathan P. Wolf, LLC and Howard Koval 2007 SBJ 32,588.24 246 2 Law Office of Nathan P. Wolf, LLC and Berkshire Gardens Assoc., LP 2007 SBJ 34,340.47 246 2 “ “ “ “ “ 2008 SBJ 15,683.46 3 16 Saul A. Wolfe, Esq., Attorney for Villa Malta Manor Assoc 2008 SBJ 20,995.99 3 16 “ “ “ “ “ 2009 SBJ 16,612.50 111.01 1 The Irwin Law Firm,P.A.,Attorneys for Royal Towers Assoc.,etc. 2009 SBJ 16,612.50 112 1 “ “ “ “ “ 2009 SBJ 55,104.97 247 3 Saul A. Wolfe, Esq., Attorney for Cambridge Manor Assoc LLC 2008 SBJ 69,280.77 247 3 “ “ “ “ “ 2009 SBJ 22,712.61 321 11 Saul A. Wolfe, Esq., Attorney for Regency Manor Assoc LLC 2008 SBJ 28,420.67 321 11 “ “ “ “ “ 2009 SBJ 52,661.96 415 1 Saul A. Wolfe, Esq., Attorney for Cadillac Manor Assoc LLC 2008 SBJ 64,485.30 415 1 “ “ “ “ “ 2009 SBJ 616.92 237 2B,C004H Kleit, Ruth 2010 Duplicate pymt 582.00 322 11 Galmid Realty Company 2010 Duplicate pymt 146.00 322 11 “ “ “ 2011 “ “ 582.00 324 19.03 “ “ “ 2010 “ “ 146.00 324 19.03 “ “ “ 2011 “ “ 817.61 81 22 Tami Realty LLC 2010 “ “ 5,485.03 59 9 Franklin Apartments LLC 2010 “ “ 1,678.85 59 8 “ “ “ 2010 “ “ 6,018.67 83 5 TT & C Holding Company 2010 “ “ 1,779.68 410 7.01 Anderson Apartments LLC 2010 “ “ Roll Call - Ayes: RESOLUTION NO. 196-11 – BUDGET AMENDMENT – ATTACHED NO. 197-11 OFFERED BY: SECONDED BY: ______________________________________________________________________ WHEREAS, on May 3, 2011 the City of Hackensack passed Resolution No. 185-11 authorizing the upgrade of an Exhaust Extraction System for two Fire Department locations; and WHEREAS, Resolution No. 185-11 incorrectly stated funds in the amount of $66,000 are available in account G-02-11-907-000-000; and WHEREAS, Resolution No. 185-11 should be amended to read that funds in the amount of $66,600 are available in this account. NOW, THEREFORE, BE IT RESOLVED that Resolution No. 185-11 is hereby amended to reflect this correction. Roll Call - Ayes: NO. 198-11 OFFERED BY: SECONDED BY: WHEREAS, N.J.S. 40A-4-8, as amended, provides that the budget be passed by title only at the time of 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: NO. 199-11 OFFERED BY: SECONDED BY: 2011 BUDGET Roll Call: Ayes: NO. 200-11 OFFERED BY: SECONDED BY: WHEREAS, All American Ford is the taxpayer of certain real property designated as Block 510, Lots 4 and 8, known as 55 Hackensack Avenue; and WHEREAS, the taxpayers filed appeals to its 2007, 2008, 2009 and 2010 real property tax assessment which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, by Resolution No. 156-11 passed by the City Council on April 5, 2011, the assessments were reduced in accordance with that Resolution; and WHEREAS, said Resolution contained a typographical error which erroneously authorized a reduction in the assessment for Block 510, Lot 8 to $274,400 for 2009 instead of the correct reduction of assessment to $1,274,000. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack and the Tax Counsel that Resolution No. 156-11 passed by the City Council on April 5, 2011 be and the same is hereby rescinded in its entirety subject to the passage of a Resolution containing the correct assessment reductions, which Resolution shall be passed contemporaneously. Roll Call: Ayes: NO. 201-11 OFFERED BY: SECONDED BY: ______________________________________________________________________ WHEREAS, Packard Real Estate Group, LLC is the owner and taxpayer of certain real property designated as Block 510, Lots 14, 15 and 18.02, known as 594 Main Street, 598-602 Main Street and 606 Main Street, respectively; and WHEREAS, the taxpayer filed appeals to its 2007, 2008, 2009 and 2010 real property tax assessments which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessments were $417,200 for Block 510, Lot 14, $1,404,700 for Block 510, Lot 15; and $636,000 for Block 510, Lot 18.02; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney; 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 Counsel be and is hereby authorized and directed to execute any documents which may be necessary to effectuate the settlement of litigation entitled “Packard Real Estate Group, LLC v. Hackensack City”, Docket Nos: 001907-2007; 001048-2008; 000066-2009 and 001310-2010 presently pending in the Tax Court of New Jersey, so that the assessments be set as follows: Block/Lot Original Assessment Proposed Assessment Year 510/14 $417,200 $417,200 2007 $354,600 2008 $304,600 2009 $204,600 2010 ----------------------------------------------------------------------------------------------------------- 510/15 $1,404,700 $1,404,700 2007 $1,386,100 2008 $1,336,100 2009 $1,036,100 2010 ----------------------------------------------------------------------------------------------------------- 510/18.02 $636,600 $636,600 2007  $509,300 2008 $359,300 2009 $259,300 2010 BE IT FURTHER RESOLVED that the foregoing settlement is predicated upon a waiver of any interest payable on the refund to the taxpayer pursuant to N.J.S.A. 54:3-27.2 provided that the refund is paid within 60 days of issuance of the Judgment by the Tax Court. Roll Call - Ayes: NO. 202-11 OFFERED BY: SECONDED BY: WHEREAS, two (2) Workers’ Compensation Claim Petitions Nos. 2008- 34847 and 2008-34850 were filed by Petitioner, Jeffrey Simone, who was injured in his capacity as a Police Officer for the City of Hackensack; and WHEREAS, the first injury occurred on October 28, 2008; and WHEREAS, the second injury occurred on November 15, 2008; and WHEREAS, Petitioner received extensive medical treatment for his injuries; and WHEREAS, Petitioner’s attorney and the City’s attorney conferenced this matter with the Workers’ Compensation judge; and WHEREAS, Judge Spivak recommended 25% of partial total, which equates to $33,858.00 and legal fees in the amount of $6,771.60, for a total of $40,629.60; and WHEREAS, Bergen Risk Managers, Inc. recommends and requests authorization to resolve this matter in accordance with the judge’s recommendation. NOW, THEREFORE, BE IT RESOLVED that Bergen Risk Managers, Inc. and the Hackensack City Manager are hereby authorized to settle the matter of Jeffrey Simone v. City of Hackensack, for a total of $40,629.60. Roll Call: Ayes:  NO. 203-11 OFFERED BY: SECONDED BY: ________________________________________________________________ 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: 1956 National Council of Jewish Women Roll Call - Ayes: NO. 204-11 OFFERED BY: SECONDED BY: ________________________________________________________________ WHEREAS, the City of Hackensack has received change order #1 from SZ Construction, in the amount of $13,800.00 for repairs to Roof, installation of new drainage in terrace and demo of slab, etc., to Second Ward Park Comfort Station; and WHEREAS, the total contract amount will increase from $69,000 to $82,800.00; and WHEREAS, the architect of the project, DMR, as well as John Flannigan, the City Project Manager, have reviewed this change order and have recommended that said change order be approved; and WHEREAS, a certificate establishing that funds will be available in account #C-10-55-008-000-001 of the Capital Fund in the amount of $13,800.00 has been issued by the Chief Financial Officer. NOW, THEREFORE BE IT RESOLVED that change order #1 in the amount of $13,800 for repairs to Second Ward Park Comfort Station be approved for payment to SZ Construction, 38 Grove Avenue, Rochelle Park, NJ, 07662. Roll Call - Ayes: