Offered By: Townes Seconded By: Mcauliffe

City Council Resolutions, July 17, 2007
NO. 222-07

OFFERED BY: TOWNES SECONDED BY: MCAULIFFE

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FINAL ADOPTION OF ORDINANCE NUMBER 20-2007 AMENDING CITY ORDINANCE NUMBER 30-2006 “ZONING ORDINANCE AND MAP”.

“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 McAuliffe that there be a public hearing.

PUBLIC HEARING

Motion offered by Melfi and seconded by McAuliffe that the public hearing be closed.

WHEREAS, the City Council of the City of Hackensack has conducted a first reading of Ordinance Number 20-2007, to amend the City of Hackensack Zoning Ordinance, Chapter 175 of the Code of the City of Hackensack, entitled “Zoning Ordinance and Map” and

WHEREAS, on June 5, 2007, the City Council referred said ordinance to the Planning Board of the City of Hackensack for its review and comment, and

WHEREAS, the Planning Board considered the content of said ordinance at its regular meeting on July 11, 2007, and

WHEREAS, the Planning Board found consistency between the amendments in said ordinance and the City’s current Master Plan and Housing Plan Element, and

WHEREAS, the Planning Board noted the need for the following minor changes to properly enact the intent of the aforesaid ordinance:

In the proposed amendments to the Schedules of Regulations for the B-1, R-2B, R-3A and R-3B Districts, change the minimum interior side yard requirement for townhouses from 0 feet to 15 feet.
Add additional language to the proposed amendments to amend Section 175-5.5, Number of Buildings Restricted, so that townhouse developments may have more than one principal building on one lot when such development does not involve creation of individual townhouse lots.

The Planning Board deems said minor changes consistent with the City’s Master Plan and Housing Plan Element, and

WHEREAS, the City Council concurs with the findings of the Planning Board as to consistency between the proposed amendments and the Master Plan and Housing Plan Element, including the Planning Board’s suggested minor changes concerning the interior side yard requirement for townhouses and the number of principal buildings on one lot for townhouse development,

NOW, THEREFORE, BE IT RESOLVED that the City of Hackensack Zoning Ordinance, Chapter 175 of the Code of the City of Hackensack, entitled “Zoning Ordinance and Map” is hereby amended as set forth in Ordinance Number 20-2007 with the following changes:

In the proposed amendments to the Schedules of Regulations for the B-1, R-2B, R-3A and R-3B Districts, change the minimum interior side yard requirement for townhouses from 0 feet to 15 feet so that the area, yard and bulk regulations for townhouses in the B-1, R-2B, R-3A and R-3B Districts shall be as follows:

“TOWNHOUSES(a)”

Min. Lot Size (sq. ft.)15,000

Min. Lot Width (ft.)150

Min. Front Yard (ft.)25

Min. Side Yard, Interior (ft.)15

Min. Side Yard, Secondary Streets (ft.)15

Min. Rear Yard (ft.)20

Max. Height (stories/ft.)3/35

Max. Lot Coverage (%)30

Min. lot Area per Dwelling unit (Sq. ft.)3,111

Min. Height Ratio, front---

Min. Height Ratio, side---

Min. Height Ratio, rear---

Max. Length of Building6 dwelling units or 180 feet, whichever is lesser.

(a)Where individual townhouse lots will be created and sold, section 175-6.8 shall apply in lieu of the standards hereunder.”

Add the following proposed amendment:

Article V. Supplementary Lot, Height and Yard Regulations. Section 175-5.5. Number of Buildings Restricted.

This section is hereby amended to add “townhouse developments that do not involve creation by subdivision of individual townhouse lots” to the types of development that are excluded from the limit of one principal building on one lot, so that Section 175-5.5 is amended to read in its entirety as follows:

“Every residential building or residential structure hereafter erected or structurally altered shall be located on a lot, and in no event, except in the case of garden apartments, apartment buildings, townhouse developments that do not involve creation by subdivision of individual townhouse lots, shopping centers and office building complexes, shall there be more than one (1) principal building or structure and its accessory buildings on one (1) lot.”

BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 20-2007 entitled: ORDINANCE NUMBER 20-2007 AMENDING CITY ORDINANCE NUMBER 30-2006 “ZONING ORDINANCE AND MAP” pass its second and final reading and is hereby adopted.

Roll Call: Ayes - Melfi, Townes, Sasso, McAuliffe, Meneses

NO. 223-07

OFFERED BY: SASSO SECONDED BY: MCAULIFFE

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FINAL ADOPTION OF ORDINANCE NO. 22-2007, BOND ORDINANCE PROVIDING FOR THE CONSTRUCTION OF PHASE II (FOSCHINI PARK) OF THE HACKENSACK WATERFRONT PEDESTRIAN/BIKEWAY CORRIDOR IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING $2,101,201.00 AND AUTHORIZING THE ISSUANCE OF $675,000.00 IN BONDS AND 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 Melfi and seconded by Sasso that there be a public hearing.

PUBLIC HEARING

Motion offered by Melfi and seconded by Townes 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.22-2007 entitled: “BOND ORDINANCE FOR THE CONSTRUCTION OF PHASE II OF THE HACKENSACK WATERFRONT PEDESTRIAN/BIKEWAY” pass its second and final reading and is hereby adopted.

Roll Call: Ayes - Melfi, Townes, Sasso, McAuliffe, Meneses

NO. 224-07

OFFERED BY: MELFI SECONDED BY:MCAULIFFE

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INTRODUCTION OF A BOND ORDINANCE PROVIDING FOR HUDSON STREET STREETSCAPE PHASE II IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING $365,000.00 THEREFORE AND AUTHORIZING THE ISSUANCE OF $61,750.00 IN BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF.

BE IT RESOLVED that the above ordinance, being Ordinance 23-2007 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 August 7, 2007 at 7:00 pm 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, Sasso, McAuliffe, Meneses

NO. 225-07

CAPITAL BUDGET AMENDMENT

OFFERED BY: SASSOSECONDED BY: MCAULIFFE

Roll Call: Ayes - Melfi, Townes, Sasso, McAuliffe, Meneses

NO. 226-07

OFFERED BY: MELFISECONDED BY: MCAULIFFE

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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$ 3,561,931.94

Escrow$ 54,559.60

Payroll Agency Account$ 241,556.64

Public Parking System $ 17,679.92

Capital Account$ 290,890.63

Trust Account$ 63,125.81

Roll Call: Ayes - Melfi, Townes, Sasso, McAuliffe, Meneses

NO. 227-07

OFFERED BY: SASSO SECONDED BY:MCAULIFFE

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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:

$425.00 Payment collected for registration for Sports Camp

Refund to:Mrs. Erin Dato - (Amber Brisco)

340 Hudson Street Apt #19

Hackensack, NJ 07601

$275.00 Payment collected for registration for Summer ProgramRefund to: Mrs. Eunice Charles - (Ethan Charles)

272 Hamilton Place

Hackensack, NJ 07601

$250.00 Payment collected for registration for Summer Program

Refund to:Mrs. Naeemah Sainte Rose – (Sierra Sainte Rose)

196 Poplar Avenue

Hackensack, NJ 07601

$275.00 Payment collected for registration for Summer Program Refund to: Mrs. Diana Leon – (Juan Pablo Montano)

417 Passaic Street Apt. K

Hackensack, NJ 07601

$40.00 Payment collected for Park Permit

Refund to:Ms. Sharon Osburne

100 Polifly Road, Apt. 4B

Hackensack, NJ 07601

$310.00 Overpayment of Liquor License Renewal

Refund to:Anmar Liquor

77 Main Street

Hackensack, NJ 07601

$200.00 Refund for Vendor Contract for July 4th

Refund to:Hackensack Volunteer Ambulance Corps

$901.00 Refund for Permit #2006-1932

Refund to:All American Siding & Windows309 Kastler Ct

New Milford, NJ 07646

Roll Call: Ayes- Melfi, Townes, Sasso, McAuliffe, Meneses

NO. 228-07

OFFERED BY: SASSO SECONDED BY:MCAULIFFE

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WHEREAS, the Hackensack Municipal Alliance to Prevent Alcohol and Drug Abuse (H.A.P.A.D.A.) has proposed a grant in the amount of $17,500.00 for prospective 2008 funding under the New Jersey Governor’s Council on Alcohol and Drug Abuse; and;

WHEREAS, funding will implement eight (8) programs: Two (2) Homework and Support Center(s); Community Health Event; Youth Peer Leadership Conference; Latino Parenting Workshop(s); a Citizenship Awards Dinner, Anti-Drug D.A.R.E Transportation and the Jr. Police Academy in and for the City of Hackensack; and

WHEREAS, the City of Hackensack agrees to develop a comprehensive three-year plan to provide matching funds equivalent of $4,375.00 in cash and $13,500.00 in-kind expenses in addition to the D.E.D.R. Grant award of $17,500.00 designated by the New Jersey Governor’s Council on Alcoholism & Drug Abuse; and

WHEREAS, the City of Hackensack will act as the fiscal agent for the Hackensack Municipal Alliance.

NOW, THEREFORE BE IT RESOLVED that the Mayor and Council of the City of Hackensack do hereby affirm endorsement of the aforesaid project(s), and authorize Mayor Jorge Meneses to sign the grant application jointly with the Chairperson of the Hackensack Municipal Alliance to meet the July 9, 2007 grant deadline, and

BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to Marla Klein, Alliance Coordinator, Bergen County Office of Alcohol and Drug Dependency, to support the grant submission.

Roll Call: Ayes - Melfi, Townes, Sasso, McAuliffe, Meneses

NO. 229-07

OFFERED BY: SASSO SECONDED BY: MCAULIFFE

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BE IT RESOLVED by the City Council of the City of Hackensack that Norman Levin be and is hereby reappointed Constable for the City of Hackensack, for a three (3) year term; and

BE IT FURTHER RESOLVED that the duties/activities are limited to those City related activities as directed by the City Manager.

Roll Call: Ayes – Melfi, Townes, Sasso, McAuliffe, Meneses

NO. 230-07

OFFERED BY: SASSO SECONDED BY:MCAULIFFE

WHEREAS, there exists in the City of Hackensack a need for the services of a licensed New Jersey Attorney for the purpose of special counsel for handling litigation in the Federal District Court, and

WHEREAS, such professional services will be rendered or performed by a person authorized by law to practice a recognized profession and whose practice is regulated by law pursuant to N.J.S.A.40A11-5(1)(a)(i) of the Local Public Contracts Law; and

WHEREAS, pursuant to the Fair and Open Process Rule, N.J.S.A. 19:44A-20.4 et. seq., advertisements for proposals were published on the City of Hackensack’s Web Site and The Bergen Record Newspaper, and proposals were received and reviewed for the aforementioned professional services for the Year 2007 which anticipated cost will be over $17,500 per year.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that:

(l) The Mayor and City Clerk be and they are hereby authorized and directed to execute a contract with Richard Malagiere, Esq., 14 Bergen Street, Hackensack, New Jersey07601 to perform the aforesaid services.

(2) This contract is awarded pursuant to a fair and open process.

BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to retain a copy of the contract for public inspection and to publish a notice of this action once in the Record.

Roll Call: Ayes-Melfi, Townes, Sasso, McAuliffe, Meneses

NO. 231-07

OFFERED BY: SASSO SECONDED BY: MCAULIFFE

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WHEREAS, there exists in the City of Hackensack a need for the services of a licensed New Jersey Attorney for the purpose of special counsel for handling litigation in the Federal District Court, and

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that:

(l) The Mayor and City Clerk be and they are hereby authorized and directed to execute a contract with James Patuto, Esq., 55 State Street, Hackensack, New Jersey07601 to perform the aforesaid services.

(2) This contract is awarded pursuant to a fair and open process.

BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to retain a copy of the contract for public inspection and to publish a notice of this action once in the Record.

Roll Call: Ayes - Melfi, Townes, Sasso, McAuliffe, Meneses

NO. 232-07

OFFERED BY: SASSO SECONDED BY: MCAULIFFE

WHEREAS, there exists in the City of Hackensack a need for the services of a licensed New Jersey Attorney for the purpose of special counsel for handling litigation in the Federal District Court, and

WHEREAS, pursuant to the Fair and Open Process Rule, N.J.S.A. 19:44A-20.4 et. seq., advertisements for proposals were published on the City of Hackensack’s Web Site, and proposals were received and reviewed for the aforementioned professional services for the Year 2007 which anticipated cost will be over $17,500 per year.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that:

(l) The Mayor and City Clerk be and they are hereby authorized and directed to execute a contract with Donald Caminiti, Esq., 41 Main street, Hackensack, New Jersey07601 to perform the aforesaid services.

(2) This contract is awarded pursuant to a fair and open process.

BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to retain a copy of the contract for public inspection and to publish a notice of this action once in the Record.

Roll Call: Ayes - Melfi, Townes, Sasso, McAuliffe, Meneses

NO. 233-07

OFFERED BY: SASSOSECONDED BY: MCAULIFFE

WHEREAS, there exists in the City of Hackensack a need for the services of a licensed New Jersey Attorney who is qualified to serve as a temporary Judge for the Hackensack Municipal Court, and

WHEREAS, pursuant to the Fair and Open Process Rule, N.J.S.A. 19:44A-20.4 et. seq., advertisements for proposals were published on the City of Hackensack’s Web Site, and received and reviewed for the aforementioned professional services for the Year 2007-2008 which anticipated cost will be over $17,500 per year.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that:

(l) The Mayor and City Council through the City Manager are hereby authorized and directed to execute a one year contract with Vincent P. Trovini, Esq., 240 Frisch Court, Paramus, New Jersey07652 to perform the position as temporary Judge for the Hackensack Municipal Court for a period of one year commencing August 1, 2007.

(2) This contract is awarded pursuant to a fair and open process.

BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to retain a copy of the contract for public inspection.

Roll Call:Ayes-Melfi, Townes, Sasso, McAuliffe, Meneses

NO. 234-07

OFFERED BY: SASSO SECONDED BY:MCAULIFFE

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WHEREAS, the City of Hackensack has a need to acquire services for SCADA Maintenance as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4 or 20.5; and

WHEREAS, the anticipated term of this contract is one year; and

WHEREAS, Red Oak Consulting has submitted a proposal dated May21, 2007 indicating they will provide the SCADA Maintenance services for $30,000; and

WHEREAS, Red Oak Consulting has completed and submitted a Business Entity Disclosure Certification which certifies that Red Oak Consulting has not made any reportable contributions to a political or candidate committee in the City of Hackensack in the previous one year, and that the contract will prohibit Red Oak Consulting from making any reportable contributions through the term of the contract; and

WHEREAS, such professional services will be rendered or performed by a person authorized by law to practice a recognized profession and whose practice is regulated by law pursuant to N.J.S.A. 40A:11-3 (1)(a)(i) or the Local Public Contracts Law; and

WHEREAS, the Local Public Contracts Law requires that the resolution authorizing the award of contracts for professional services without competitive bidding and the contract must be available for public inspection; and

WHEREAS, it is the desire of the City Council of the City of Hackensack to retain the services of Red Oak Consulting, to perform SCADA Maintenance services for an amount not to exceed $30,000.00; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack as follows:

The Mayor and City Clerk be and they are hereby authorized and directedto execute a contract with Red Oak Consulting, 17-17 Route 208 North, Fair Lawn, New Jersey 07410, to provide the aforesaid services for the period May 1, 2007 through April 30, 2008.

This contract is awarded without competitive bidding as professional services in accordance with N.J.S.A. 40A:11-1(1)(a)of the Local PublicContracts Law.

The Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution.

The City Clerk be and hereby is directed to retain a copy of the contract for public inspection and to publish notice of this action once in The Record.

Roll Call: Ayes – Melfi, Townes, Sasso, McAuliffe, Meneses

NO. 235-07

OFFERED BY:SASSO SECONDED BY:MCAULIFFE

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BE IT RESOLVED by the City Council of the City of Hackensack that the following organization be granted permission to conduct a Raffle in accordance with the application on file in the office of the City Clerk: