The Regular Meeting of the City Council of the City of Hackensack was held at City Hall, 65 Central Avenue, Hackensack, New Jersey, on Tuesday, October 7, 2014 at 8:18pm.
Mayor Labrosse called the meeting to order and the City Clerk Deborah Karlsson announced that the meeting was being held in accordance with the Sunshine Law, notice having been published according to law, with a copy on file in the City Clerk’s office, and a copy posted on the bulletin board in City Hall.
Ms. Karlsson called the roll:
Present – Mayor John P. Labrosse, Jr., Deputy Mayor Canestrino, Councilman Battaglia, and Councilman David Sims were present. Councilwoman Greenman was absent. City Manager David Troast was in attendance and Attorney Joseph Morris was in attendance for City Attorney Thomas P. Scrivo.
A motion was made by Councilman Sims and seconded by Councilman Battaglia to accept the Regular Meeting Minutes and COW Meeting Minutes for July 8, 2014. Everyone was present for the July 8th Meeting.
A motion was made by Councilman Sims and seconded by Deputy Mayor Canestrino to accept the Regular Meeting Minutes and COW Meeting Minutes for July 21, 2014. Councilman Battaglia was absent for the July 21st Meeting.
A motion was made by Councilman Sims and seconded by Deputy Mayor Canestrino to accept the Special Meeting Minutes for July 28, 2014. Councilwoman Greenman was absent for the July 28th Meeting.
City Manager’s Report – David R. Troast
Applications for Lime energy and energy efficiency for public facilities have been submitted to the State. Approval and installation on various projects are expected to occur towards the end of the year into next year. We have met with Millennium Strategies to apply for as many grants as possible for 2015, as long as they are effective. We are going to estimate our success for Jim Mangin and Budget purposes. The Columbus Celebrations on behalf of UNICCO is Saturday, October 11th at Columbus Park at 10a.m. Also, Hackensack Shredding Event is scheduled for Saturday, October 25th between 9 a.m. and 1 p.m. at the Hackensack Recycling Center. This is for residential use only. No businesses, please. Documents will be shredded on site. City Hall is participating in a Hackensack Rotary food drive from October 15th to November 15th. We are trying to figure out how to install a sidewalk on Moonachie Road between Hudson and Washington Streets in response to the complaint that was received. The Health Department did a number of tests in response to the complaint of noises coming from the recreational activities. The Health Department determined the noise levels comply with regulations. The resident was called and informed of the findings. He said he will call when there is another issue. Lighting issues at Thomas and Prospect have been reported to PSE&G. PSE&G is looking at a lighting survey with suggestions to upgrade. In regards to resurfacing excavated streets from PSE&G, particularly with Central Avenue, the County is requiring single-seam paving. This means that the road will be paved from curb-to-curb if the excavation took place in the middle of the road (along the seam). If the excavation took place on one side of the road, then that one side will be paved. The Mayor requested PSE&G paves everything since the excavations have been made on different sides of the street at different sections. We will speak with the regional director and keep the pressure on so they do exactly what you want. Whether I am totally successful, we’ll find out. The Tax Collector conducted the 2014 Tax Lien Sale Results. I believe there were 47 Tax Liens sold. All the liens were purchased, so the City will be receiving the tax revenues from the previous year to be incorporated into our funds.
Council Member / Intro / Second / Yes / No / Abstain / Absent / ExcusedBattaglia / X / X
Deputy Mayor Canestrino / X / X
Sims / X
Greenman / X
Mayor Labrosse / X
CITY OF HACKENSACK
RESOLUTION NO. 350-14
FINAL ADOPTION OF ORDINANCE NO. 26-2014, AN ORDINANCE AMENDING CHAPTER 175 OF THE CITY OF HACKENSACK MUNICIPAL CODE ENTITLED “ZONING” TO ADD NEW SECTION 175-6.10, ENTITLED “TRANSIT VILLAGE”
This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?”
Motion offered by Deputy Mayor Canestrino and seconded by Councilman Sims that there be a public hearing.
PUBLIC HEARING –
Motion offered by Deputy Mayor Canestrino and seconded by Councilman Sims 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. 26-2014 has passed its second and final reading and is hereby adopted.
CITY OF HACKENSACK
ORDINANCE NO. 26-2014
AN ORDINANCE AMENDING CHAPTER 175 OF THE CITY OF HACKENSACK MUNICIPAL CODE ENTITLED “ZONING” TO ADD NEW SECTION 175-6.10, ENTITLED “TRANSIT VILLAGE”
WHEREAS, the City of Hackensack has applied to the State of New Jersey, Department of Transportation (“NJDOT”) to designate a portion of City as a transit village area; and
WHEREAS, City and NJDOT has identified the following benefits of a transit village designation:
· State of New Jersey’s commitment to the City’s vision for redevelopment;
· Coordination among the State agencies that make up the Transit Village Task Force;
· Priority funding from State agencies;
· Technical assistance from State agencies; and
· Eligibility for grants from the NJDOT.
WHEREAS, in connection with the potential transit village designation, the NJDOT requested the City to consider eliminating drive-thru’s in the B-2, B-3 and R-2B Zone Districts within the proposed transit village area; and
WHEREAS, the Mayor and City Council of the City of Hackensack does hereby determine it appropriate and in the best interests of its citizens to restrict drive-thru uses in the B-2, B-3 and R-2B Zone Districts within the proposed transit village area, excluding those areas subject to the City’s Redevelopment and Rehabilitation Plans as duly adopted by the City.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Hackensack, in the County of Bergen and State of New Jersey, as follows:
Section 1. Article VI entitled “Supplementary Use Regulations Governing Certain Permitted Uses” of Chapter 175 entitled “Zoning” of The City of Hackensack Municipal Code is hereby supplemented and amended to add new Section 175-6.10 entitled “Transit Village” to read as follows:
175-6.10 TRANSIT VILLAGE
There shall be established a transit village area within the City of Hackensack, which shall include the properties located in Blocks 64, 66, 75.01, 201, 202, 203, 203.01, 204, 204.01, 205, 206.01, 206.02, 207, 208, 209, 210.01, 210.02, 300, 301, 302, 303, 304, 305, 308, 308.01, 308.02, 309, 310, 311, 311.01, 312, 313, 314, 315, 316, 401.01, 402.01, 402.02, 407.01 identified on the Official Tax Map of the City of Hackensack. The following additional restrictions shall apply to the properties and zones within the transit village area as specified herein:
A. Drive-Thru. Excluding those areas subject to a duly adopted redevelopment plan or rehabilitation plan, a drive-thru shall be a prohibited use in the B-2, B-3 and R-2B Zones in the transit village area, which include the properties located in Blocks 66, 75.01, 201, 203.01, 300, 305, 308, 308.02, 308.03, 402.01, 402.01 on the Official Tax Map of the City of Hackensack.
Section 2. If any article, section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Ordinance and they shall remain in full force and effect.
Section 3. In the event of any inconsistencies between the provisions of this Ordinance and any prior ordinance of the City of Hackensack, the provisions hereof shall be determined to govern. All other parts, portions and provisions of the ordinances of the City of Hackensack are hereby ratified and confirmed, except where inconsistent with the terms hereof.
Section 4. The City Clerk is directed to give notice at least ten days prior to a hearing on the adoption of this ordinance to the Bergen County Planning Board and to all other persons entitled thereto pursuant to N.J.S.A. 40:55D-15, and N.J.S.A. 40:55D-63 (if required).
Section 5. After introduction, the City Clerk is hereby directed to submit a copy of the within Ordinance to the Planning Board of the City of Hackensack for its review in accordance with N.J.S.A. 40:55D-26 and N.J.S.A. 40:55D-64. The Planning Board is directed to make and transmit to the City Council, within 35 days after referral, a report including identification of any provisions in the proposed ordinance which are inconsistent with the master plan and recommendations concerning any inconsistencies and any other matter as the Board deems appropriate.
Section 6. The City Clerk is hereby directed to publish notice of the proposed ordinance pursuant to N.J.S.A. 40:49-2.1.
Section 7. Pursuant to N.J.S.A. 40:55D-62.1, the City Clerk is hereby directed to serve notice of the proposed ordinance to the owners of all real property, as shown on the current tax duplicates, located within the B-2, B-3 and R-2B Zones in the transit village area, and within 200 feet in all directions of the boundaries of the district, at least 10 days prior to the public hearing. Such notice shall state the date, time and place of the public hearing, the nature of the matter to be considered and identification of the affected zone districts, and by reference to the lot and block numbers as shown on the current tax duplicate in the municipal tax assessor’s office. Notice shall be given by: (1) serving a copy thereof on the property owner as shown on the said current tax duplicate, or his agent in charge of the property, or (2) mailing a copy thereof by certified mail and regular mail to the property owner at the address as shown on the said current tax duplicate. The City Clerk shall execute an affidavit of proof of service of the notices required herein, and shall keep a copy thereof, along with proof of publication of the notice.
Section 8. This Ordinance shall take effect immediately upon (1) final adoption; (2) approval by the Mayor; and (3) publication in accordance with the laws of the State of New Jersey.
Council Member / Intro / Second / Yes / No / Abstain / Absent / ExcusedBattaglia / X / X
Deputy Mayor Canestrino / X / X
Sims / X
Greenman / X
Mayor Labrosse / X
CITY OF HACKENSACK
RESOLUTION NO. 351-14
FINAL ADOPTION OF ORDINANCE NO. 35-2014, AN ORDINANCE AMENDING CHAPTER 14 ENTITLED, “COURT” OF THE CITY OF HACKENSACK MUNICIPAL CODE TO AMEND
ARTICLE II ENTITLED, “CITY PROSECUTOR,” SECTION 9 ENTITLED “ESTABLISHMENT OF OFFICE,” ARTICLE III ENTITLED, “ASSISTANT PROSECUTING ATTORNEY,” SECTION 13 ENTITLED, “TERM OF OFFICE,” COMPENSATION,” AND ARTICLE IV ENTITLED, “PUBLIC DEFENDER, “ SECTION 16 ENTITLED, “TERMS OF OFFICE, COMPENSATION”
This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?”
Motion offered by Councilman Sims and seconded by Deputy Mayor Canestrino that there be a public hearing.
PUBLIC HEARING –
Motion offered by Deputy Mayor Canestrino and seconded by Councilman Sims 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. 35-2014 has passed its second and final reading and is hereby adopted.
CITY OF HACKENSACK
ORDINANCE NO. 35-2014
AN ORDINANCE AMENDING CHAPTER 14 ENTITLED, “COURT” OF THE CITY OF HACKENSACK MUNICIPAL CODE TO AMEND ARTICLE II ENTITLED, “CITY PROSECUTOR,” SECTION 9 ENTITLED, “ESTABLISHMENT OF OFFICE”; ARTICLE III ENTITLED, “ASSISTANT PROSECUTING ATTORNEY,” SECTION 13 ENTITLED, “TERM OF OFFICE; COMPENSATION”; AND ARTICLE IV ENTITLED, “PUBLIC DEFENDER,” SECTION 16 ENTITLED, “TERMS OF OFFICE; COMPENSATION.”
WHEREAS, pursuant to N.J.S.A. 40:48-2, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good of government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and
WHEREAS, the City of Hackensack (“City”) wishes to amend Chapter 14 entitled, “Court,” in order to amend Article II entitled “City Prosecutor,” Section 9 entitled “Establishment of office”; Article III entitled “Assistant Prosecuting Attorney,” Section 13 entitled “Term of office; compensation”; and Article IV entitled “Public Defender,” Section 16 entitled “Terms of office; compensation.”
WHEREAS, Title 2B of the New Jersey Statutes, known as the New Jersey Court Organization and Civil Code (N.J.S.A. 2B:1-1 et seq.), governs the organization of the State courts, including municipal courts; and
WHEREAS, the City Council finds that for the good of the government and for the order and protection of the City’s citizens the City Code should be amended so as to change the positions of City Prosecutor, Assistant Prosecuting Attorney, and Public Defender to those of independent contractors.