City Council Resolutions April 4, 2006

NO. 125

OFFERED BY: SASSO SECONDED BY: MELFI ______

FINAL ADOPTION OF ORDINANCE NO. 5-2006 ENTITLED “AN ORDINANCE AMENDING CITY ORDINANCE 2-82 CHAPTER 170-49.2 ‘PARKING FOR THE HANDICAPPED’ TO INCLUDE THE SOUTH SIDE OF BROADWAY FROM A POINT 20 FEET WEST THEREOF/1 SPACE.

Mayor Townes: “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

Motion offered by Meneses and seconded by McAuliffe 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. 5-2006 ENTITLED: “AN ORDINANCE AMENDING CITY ORDINANCE 2-82 CHAPTER 170-49.2 ‘PARKING FOR THE HANDICAPPED’, TO INCLUDE THE SOUTH SIDE OF BROADWAY FROM A POINT 20 FEET WEST THEREOF/1 SPACE pass its second and final reading and is hereby adopted.

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

NO. 126

OFFERED BY: MENESES SECONDED BY: McAULIFFE ______

FINAL ADOPTION OF ORDINANCE NO. 6-2006 ENTITLED “AN ORDINANCE AMENDING CITY ORDINANCE 19 SECTION 27”.

Mayor Townes: “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 Meneses that there be a public hearing.

PUBLIC HEARING

Motion offered by Melfi and seconded by McAuliffe 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. 6-2006 ENTITLED: “AN ORDINANCE AMENDING CITY ORDINANCE 19 SECTION 27 pass its second and final reading and is hereby adopted.

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

NO. 127

OFFERED BY: SASSO SECONDED BY: MELFI ______

FINAL ADOPTION OF ORDINANCE NO. 7-2006 ENTITLED “AN ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A:4-45.14)”

Mayor Townes: “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 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. 7-2006 ENTITLED: “AN ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A:4-45.14)” pass its second and final reading and is hereby adopted.

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

NO. 128

OFFERED BY: MELFI SECONDED BY: McAULIFFE ______

FINAL ADOPTION OF ORDINANCE NO. 8-2006 ENTITLED “AN ORDINANCE AMENDING CITY ORDINANCE CHAPTER 170-62, TO INCLUDE ONE EXTENDED BUS STOP WITH APPROPRIATE BUS SHELTERS ON THE EAST SIDE OF OLD RIVER STREET NORTH OF ATLANTIC STREET”

Mayor Townes: “This ordinance has been advertised pursuant to law and now calls for public hearing. Will someone so move?

Motion offered by Meneses and seconded by McAuliffe that there be a public hearing.

PUBLIC HEARING

Motion offered by Sasso 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. 8-2006 ENTITLED: “AN ORDINANCE AMENDING CITY ORDINANCE CHAPTER 170-62, TO INCLUDE ONE EXTENDED BUS STOP WITH APPROPRIATE BUS SHELTERS ON THE EAST SIDE OF OLD RIVER STREET NORTH OF ATLANTIC STREET pass its second and final reading and is hereby adopted.

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

NO. 129

OFFERED BY: MENESES SECONDED BY: SASSO ______

FINAL ADOPTION OF ORDINANCE NO. 9-2006 ENTITLED “AN ORDINANCE AMENDING CITY ORDINANCE CHAPTER 170-50 ‘SCHEDULE I: NO PARKING’, TO INCLUDE THE PROHIBITION OF PARKING ON OLD RIVER STREET FROM THE INTERSECTION OF OLD RIVER STREET AND ATLANTIC STREET RUNNING NORTH.

Mayor Townes: “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.

BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 9-2006 ENTITLED: “AN ORDINANCE AMENDING CITY ORDINANCE CHAPTER 170-50 ‘SCHEDULE I: NO PARKING’ TO INCLUDE THE PROHIBITION OF PARKING ON OLD RIVER STREET FROM THE INTERSECTION OF OLD RIVER STREET AND ATLANTIC STREET RUNNING NORTH pass its second and final reading and is hereby adopted.

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

NO. 130

OFFERED BY: SASSO SECONDED BY: MENESES ______

FINAL ADOPTION OF ORDINANCE NO. 10-2006 ENTITLED “AN ORDINANCE AMENDING CITY ORDINANCE CHAPTER 170-56 ‘ONE WAY STREETS’, TO INCLUDE OLD RIVER STREET AS A ONE WAY STREET FROM EAST ATLANTIC STREET TO THE END OF OLD RIVER STREET”

Mayor Townes: “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 Meneses that there be a public hearing.

PUBLIC HEARING

Motion offered by Sasso and seconded by Mcauliffe 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. 10-2006 ENTITLED: “AN ORDINANCE AMENDING CITY ORDINANCE CHAPTER 170-56 ‘ONE WAY STREETS’, TO INCLUDE OLD RIVER STREET AS A ONE WAY STREET FROM EAST ATLANTIC STREET TO THE END OF OLD RIVER STREET” pass its second and final reading and is hereby adopted.

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

NO. 131

OFFERED BY: MELFI SECONDED BY: McAULIFFE ______

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:

AMOUNT BLOCK LOT NAME YEAR REASON

$ 2,257.50 321 11 WolfBlock & Karas, W&S & Zucchi, EC 2003 STB

2,428.16 336 30 WolfBlock & Marshall

Brothers 2004 STB

33,453.00 311 3 Nathan P. Wolf &

McToobe Management 2002 STB

34,830.00 311 3 Nathan P. Wolf &

McToobe Management 2003 STB

7,934.08 242.03 3 WolfBlock & Glen View

Assoc. etc. 2004 STB

8,305.99 242.03 3 WolfBlock & Glen View

Assoc. etc 2005 STB

11,648.00 1 4.01 Arcadia Court LP &

Mandelbaum & Irwin PA 2004 STB

1,906.00 342 4 Bello, Angelica 2005 ERR PMT

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

NO. 132

OFFERED BY: SASSO SECONDED BY: MENESES ______

BE IT RESOLVED by the City Council of the City of Hackensack that the Tax Collector be and is hereby authorized to transfer an overpayment of 2005 taxes in the amount of $3,296.74 on Block 458, Lot 42 to unpaid 2005 and 2006 taxes on Block 458, Lot 44 as per Countrywide Tax Services Corporation.

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

NO. 133

OFFERED BY: MENESES SECONDED BY: McAULIFFE ______

WHEREAS, the New Jersey State Department of Health requires all local Health Departments to file an annual report each year; and

WHEREAS, the annual report for calendar year 2005 for the Health Department of the City of Hackensack has been submitted for approval by John G. Christ, Health Officer.

BE IT RESOLVED by the City Council of the City of Hackensack that the annual report as submitted by the Health Officer be and is hereby approved.

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

NO. 134

OFFERED BY: MELFI SECONDED BY: SASSO ______

BE IT RESOLVED by the City Council of the City of Hackensack that Plenary Retail Distribution License No. 0223-33-046-003 heretofore issued to Packard Bamberger & Co., Inc., 630 Main Street, Hackensack, NJ, be transferred to Hackensack Wines, Inc., effective April 4, 2006; and

BE IT FURTHER RESOLVED that the applicant has complied with Sub-Chapter 7 of the New Jersey Administrative Code.

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

NO. 135

OFFERED BY: SASSO SECONDED BY: MENESES ______

BE IT RESOLVED by the City Council of the City of Hackensack that Plenary Retail Consumption License No. 0223-33-031-003 heretofore issued to Ryan’s Pub, Inc., 129 Johnson Avenue, Hackensack, NJ, be transferred to Miss Lenora’s LLC, 129 Johnson Avenue, Hackensack, NJ, effective April 4, 2006; and

BE IT FURTHER RESOLVED that the applicant has complied with sub-Chapter 7 of the New Jersey Administrative Code.

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

NO. 136

OFFERED BY: SASSO SECONDED BY: McAULIFFE ______

INTRODUCTION TO ORDINANCE #11-2006 AMENDING CITY ORDINANCE 19-2004 CHAPTER 100 SECTION 5 TO INCLUDE SECTION VIII “EXCEPTIONS”

The City Attorney advised that minor changes would need to be made to page 2 of the ordinance; Section III, paragraph 1, line 3 should read “within five (5) days of the receipt of payment of the required fee and …”, Section III, paragraph 1, line 6 should read “within five (5) days of the inspection…”, Section IV should read “Smoke Detector, Carbon Monoxide and Fire Extinguishers…” and Section IV, line 2 should read “approved smoke detectors, carbon monoxide detectors and fire extinguishers …”.

BE IT RESOLVED that the above ordinance, being Ordinance 11-2006 is introduced as amended, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held on April 18, 2006 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 – Melfi, Sasso, Meneses, McAuliffe, Townes

NO. 137

OFFERED BY: MENESES SECONDED BY: McAULIFFE ______

WHEREAS, a confidential settlement agreement was entered into with Victor Rivera in the matter of Victor Rivera vs. City of Hackensack; and

WHEREAS, it is in the best interests of the City of Hackensack to settle this matter; and

WHEREAS, the settlement agreement shall remain confidential.

NOW, THEREFORE, BE IT RESOLVED, that the Mayor is hereby authorized to execute a confidential settlement agreement regarding the matter of Rivera vs. City of Hackensack.

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

NO. 138

OFFERED BY: MELFI SECONDED BY: McAULIFFE

______

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 $ 7,482,072.56

Capital Account 727.50

Trust Account 15,624.99 Public Parking System 87,916.20

Public Assistance Account 936.11

Payroll Agency Account 254,615.35

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

NO. 139

OFFERED BY: MELFI SECONDED BY: SASSO ______

WHEREAS, the Tax Block 221, Lot 2 owned by the City of Hackensack, and more commonly known as 112 Atlantic Street, is not needed for public use; and

WHEREAS, it is in the best interest of the City of Hackensack to sell this property to the highest bidder; and

WHEREAS, Michael Acciardi was the highest bidder for the above referenced property with a bid of $430,000.00.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the City of Hackensack, County of Bergen, State of New Jersey; as follows:

The above property shall be sold to Michael Acciardi in accordance with the terms of the public auction and any additional terms as agreed to by the City Attorney; and

BE IT FURTHER RESOLVED, that Mayor Marlin Townes be and is hereby authorized to execute any and all documents of any nature whatsoever to effectuate the sale of the above referenced property.

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

NO. 140

OFFERED BY: SASSO SECONDED BY: MENESES ______

WHEREAS, there exists a need for the Hackensack Health Department to provide Physicians services; and

WHEREAS, the Pediatric Department of Hackensack University Medical Center can provide professional services and their Outpatient Department agreed to provide said services for the year 2006 for an amount not to exceed $8,500; and

WHEREAS, the Local Public Contracts Law (N.J.S.A. 40:A11-1 et seq.) requires that the resolution authorizing the award of contracts for professional services without competitive bidding and the contract itself must be available for public inspection; and

WHEREAS, a certificate establishing that funds are available from Account #6-01-201-27-330-330-208 in the amount of $8,500 of the General Fund, has been issued by the Chief Financial Officer; Purchase Order #149266

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

1. The Mayor and City Clerk be and are hereby authorized and directed to execute an agreement with the Pediatric Department of Hackensack University Medical Center to perform the aforementioned services effective January 1, 2006, through December 31, 2006.

2. This contract is awarded without competitive bidding in accordance with N.J.S.A. 40A:11-5(1) of the Local Public Contracts Law.

3.  That a notice of this resolution be published once in The Record.

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

NO. 141

OFFERED BY: SASSO SECONDED BY: MELFI ______

WHEREAS, there exists a need for the City’s Health Department to provide physician services; 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. 40A11-1 (et seq.) of the local Public Contract Law; and

WHEREAS, it is the desire of the Mayor and Council to retain the services of Marjorie E. Jones, M.D. to provide said physician services for the Health Department; and

WHEREAS, a certificate establishing that funds are available from Account #6-01-201-27-330-330-208, of the general fund in an amount not to exceed $6,200, has been issued by the Chief Financial Officer. Purchase Order #149267