Mrs. Heck Called the Roll s4

The Regular Meeting of the City Council of the City of Hackensack was held at City Hall, 65 Central Avenue, Hackensack, New Jersey, on Monday, September 24, 2012, at 8:00 p.m.

Mayor Melfi called the meeting to order and City Clerk, Debra Heck, stated: “In accordance with the Open Public Meetings Act, Chapter 231, Laws of 1975, adequate notice of this meeting was provided by sending a notice to The Record and the County Seat and by posting a copy on the Bulletin Board in City Hall”.

Mrs. Heck called the roll:

Present – Mayor Michael R. Melfi, Deputy Mayor Marlin G. Townes, Councilwoman Karen K. Sasso, Councilman John P. Labrosse, Councilman Jorge E. Meneses, City Attorney Joseph C. Zisa and City Manager Stephen Lo Iacono.

A motion was made by Deputy Mayor Townes and seconded by Councilman Labrosse to approve the minutes of the August 20, 2012 and August 21, 2012 meetings. Councilwoman Sasso abstained from voting on the minutes of the August 21, 2012 meeting.

Mayor Melfi announced that City librarian Sharon Castanteen was present this evening and he thanked her for her efforts on the citizenship leadership program. He also thanked her for her dedication to the City. Ms. Castanteen thanked the Council for attending the sessions and speaking to the group and also thanked Ron Calissi for his assistance. Certificates were presented to those individuals who had attended the program.

Mr. Lo Iacono spoke about an Environmental Challenge Grant sponsored through the BCUA and said that each and every school in Hackensack has been awarded the maximum amount of $1,000.

Mr. Lo Iacono also advised that the leaf collection schedule is available on the City website and that the program will continue until December 15th.

Mr. Lo Iacono also reported that the County of Bergen had an issue with the bridge that connects Anderson Street with Cedar Lane and that the bridge had been closed to all vehicles over a certain weight. He also said that N.J. Transit has nineteen bus routes that will be affected and that the buses cannot travel over the bridge until the repairs are done. Mr. Lo Iacono also said that he will pass along more information as soon as it is available.

CARRIED NO. 336-12

OFFERED BY: SECONDED BY:

FINAL ADOPTION OF ORDINANCE NO. 21-2012, AN ORDINANCE AMENDING CITY ORDINANCE 2-82 CHAPTER 155-9, SCHEDULE 1, “FEES; EXPIRATION” TO REQUIRE THAT 60% OF TAXI OWNER’S LICENSES HELD BY ONE PERSON BE ACTIVE FOR A MINIMUM OF SIXTH MONTHS OR THE LICENSES WILL NOT BE ELIGIBLE FOR RENEWAL AND WILL THUS EXPIRE

This ordinance has been advertised pursuant to law and a public hearing was held on same on September 4, 2012. If another public hearing is desired will someone so move?”

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

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PUBLIC HEARING

Motion offered by and seconded by that the second 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. 21-2012 has passed its second and final reading and is hereby adopted.

Roll Call: Ayes –

ORDINANCE 21-2012

AN ORDINANCE AMENDING CITY ORDINANCE 2-82 CHAPTER 155-9, SCHEDULE 1, “FEES; EXPIRATION” TO REQUIRE THAT 60% OF TAXI OWNER’S LICENSES HELD BY ONE PERSON BE ACTIVE FOR A MINIMUM OF SIX MONTHS OR THE LICENSES WILL NOT BE ELIGIBLE FOR RENEWAL AND THUS WILL EXPIRE.

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 I Chapter 155-9 “Fees; expiration” is amended as follows:

A. Fees. The annual fees for licenses issued pursuant to this chapter shall be as provided in Chapter 107, Licenses and Permits. B. Duration. All licenses issued under this chapter shall expire on July 1 of each year. C. Usage. At least 60% of taxi licenses held by the same person must be active for a minimum of six months or the unused portion of the taxi licenses will not be eligible for renewal and will thus expire.

Section II It is the express intent of this Ordinance to require that 60% of taxi owner’s licenses held by one person be active for a minimum of six months or the licenses will not be eligible for renewal and thus will expire. Furthermore, this amendment is to be effective as to all previously issued taxi licenses issued in the City of Hackensack.

Section III If any part of this Ordinance is held to be invalid, such adjudication shall not affect the validity of the remaining portions of this Ordinance.

Section IV This article shall become effective immediately upon its final passage and publication as required by law.

This Ordinance shall take effect after publication of a Notice of Final Adoption as required by law.

CARRIED NO. 337-12

OFFERED BY: SECONDED BY:

FINAL ADOPTION OF ORDINANCE NO. 22-2012, AN ORDINANCE AMENDING CITY ORDINANCE 2-82 CHAPTER 155-8, SCHEDULE 1, “REQUIREMENTS FOR ISSUANCE” TO REQUIRE THAT ONE PERSON IS ELIGIBLE TO HOLD A MAXIMUM OF TWENTY-FIVE TAXI OWNER’S LICENSES AT ONE TIME

This ordinance has been advertised pursuant to law and a public hearing was held on September 4, 2012. If another public hearing is desired will someone so move?”

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

PUBLIC HEARING

Motion offered by and seconded by that the second 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. 22-2012 has passed its second and final reading and is hereby adopted.

Roll Call: Ayes –

ORDINANCE 22-2012

AN ORDINANCE AMENDING CITY ORDINANCE 2-82 CHAPTER 155-8, SCHEDULE 1, “REQUIREMENTS FOR ISSUANCE” TO REQUIRE THAT ONE PERSON IS ELIGIBLE TO HOLD A MAXIMUM OF TWENTY-FIVE TAXI OWNER’S LICENSES AT ONE TIME.

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 I Chapter 155-8 “Requirements for issuance” is amended as follows:

A. Taxi owner’s license. a. Taxi owners’ licenses shall be issued upon the payment of the appropriate fee. b. No taxi owner’s license shall be issued until the vehicle proposed to be licensed shall have been inspected and approved in writing by the Chief of Police. c. No taxi owner’s license shall be issued for any vehicle with less than three doors, at least two of which doors shall be for the exclusive use of passengers. d. The correct name, business address and taxi license number issued by the Chief of Police shall be displayed on both sides of the taxicab in letters no smaller than three inches nor more than six inches in height. B. Taxi driver’s license a. Taxi drivers’ licenses shall be issued upon the payment of the appropriate fee. b. (2) b.i. Be at least 18 years of age. b.ii. Be of sounds physique with good eyesight and not subject to epilepsy, vertigo, heart trouble or any other infirmity of the body or mind which might render him unfit for the operation of a taxicab. b.iii. Be able to read and write the English language. b.iv. Furnish satisfactory evidence that he has been the holder for at least one year immediately prior to the date of application of a valid New Jersey automobile driver’s license. b.v. Be clean in dress and person and not addicted to the use of intoxicating liquors or drugs. b.vi. Be of good character. b.vii. Be a citizen of the United States. b.viii. Have been a resident of the State of New Jersey for at least one year. b.ix. Affirm that he or she has never been convicted in any state of a high misdemeanor or a violation of this chapter or any prior ordinance of the city relating to taxicabs. C. Limit on the number of taxi licenses held by one person. No one person shall be authorized to hold more than twenty-five (25) taxi licenses at one time.

Section II It is the express intent of this Ordinance to require that no more than twenty-five taxi licenses be held by one person at one time. Furthermore, this amendment is to be effective as to all previously issued taxi licenses issued in the City of Hackensack.

Section III If any part of this Ordinance is held to be invalid, such adjudication shall not affect the validity of the remaining portions of this Ordinance.

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Section IV This article shall become effective immediately upon its final passage and publication as required by law.

This Ordinance shall take effect after publication of a Notice of Final Adoption as required by law.

CARRIED NO. 338-12

OFFERED BY: SECONDED BY:

FINAL ADOPTION OF ORDINANCE NO. 23-2012, AN ORDINANCE AMENDING CITY ORDINANCE 2-82 CHAPTER 155-3, SCHEDULE A, “LICENSES REQUIRED” TO INCREASE THE NUMBER OF TAXI OWNER’S LICENSES THAT MAY BE ISSUED AT ANY TIME FROM 25 TO 50 AND TO AUTHORIZE THE CITY TO HOLD A PUBLIC AUCTION TO ISSUE TAXI OWNER’S LICENSES

This ordinance has been advertised pursuant to law and a public hearing was held on September 4, 2012. If another public hearing is desired 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. 23-2012 has passed its second and final reading and is hereby adopted.

Roll Call: Ayes –

ORDINANCE 23-2012

AN ORDINANCE AMENDING CITY ORDINANCE 2-82 CHAPTER 155-3, SCHEDULE A, “LICENSES REQUIRED” TO INCREASE THE NUMBER OF TAXI OWNER’S LICENSES THAT MAY BE ISSUED AT ANY TIME FROM 25 TO 50 AND TO AUTHORIZE THE CITY TO HOLD A PUBLIC AUCTION TO ISSUE TAXI OWNER’S LICENSES.

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 I Chapter 155-3 “Licenses required” is amended as follows:

A. Taxi owner’s license. a. No person shall transport any passenger for hire in any public taxicab, cab, hack, automobile, or other motor vehicle unless said vehicle is licensed in accordance with the provisions of this chapter and Chapter 107, Licenses and Permits. The license required by this subsection shall be known as a “taxi owner’s license.” b. The total number of taxi owner’s licenses that may be issued and outstanding at any time pursuant to and in conformity with this chapter is hereby fixed at 50. Unless and until the number of existing taxi owner’s licenses is reduced to less than 50, no new taxi owner’s licenses shall be issued. c. Method for issuing new taxi licenses. Newly created and newly available taxi licenses shall be issued pursuant to the authority granted to the municipality under N.J.S.A. 48:16-2.1 and N.J.S.A. 48:16-2.3. When the municipality determines by ordinance the number of taxi licenses available for issuance, it shall follow the procedures specified herein:

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c.i. Notice. c.i.1. Publish a notice, in a newspaper circulating generally within the municipality, stating the number of new or additional licenses to be authorized and the application period for the new or additional licenses. c.i.2. The notice shall specify a time and date after which no further applications will be accepted. c.i.3. The notice shall be published at least 30 days prior to the time and date specified in the notice as the time and date when no further applications will be accepted. c.ii. Procedure. c.ii.1. Public auction. Whenever the municipality determines by ordinance to issue one or more taxi licenses, it may authorize such license(s) to be issued to the highest qualified bidder at a sale by public auction which is conducted by or supervised by the municipal clerk. c.ii.1.a. Minimum bid. The minimum bid for a taxi owner’s license shall be $100.00. c.ii.1.b. The municipality reserves the right to reject all bids where the highest bid is not accepted. c.ii.2. Reimbursement for public notice. The recipient(s) of a taxi license issued pursuant to this section shall reimburse the municipality for any costs incurred by the municipality in complying with the public notice requirements established pursuant to section (A)(3)(i). The cost of the public notice shall be set at $25.00 per taxi license issued. B. Taxi driver’s license. No person shall transport any passenger for hire in any taxicab, cab, hack, automobile or other motor vehicle or drive or operate any such vehicle designed for the transportation of passengers for hire unless such person shall have secured a license for said purpose pursuant to the provisions of this chapter and of Chapter 107, Licenses and Permits. The license required by this subsection shall be known as a “taxi driver’s license.”

Section II It is the express intent of this Ordinance to increase the number of taxi owner’s licenses that may be issued at any time from 25 to 50 and to authorize the city to hold a public auction to issue taxi owner’s licenses. Furthermore, this amendment is to be effective as to all previously issued taxi licenses issued in the City of Hackensack.

Section III If any part of this Ordinance is held to be invalid, such adjudication shall not affect the validity of the remaining portions of this Ordinance.

Section IV This article shall become effective immediately upon its final passage and publication as required by law.

This Ordinance shall take effect after publication of a Notice of Final Adoption as required by law.

NO. 339-12

OFFERED BY: SASSO SECONDED BY: MENESES

INTRODUCTION OF ORDINANCE NO. 24-2012, AN ORDINANCE AMENDING CHAPTER 26 “LAND USE PROCEDURES” OF THE CODE OF THE CITY OF HACKENSACK TO ESTABLISH A PRE-APPLICATION CONCEPTUAL REVIEW COMMITTEE, PROCEDURES AND FEES ASSOCIATED WITH THE REVIEW OF APPLICATIONS VOLUNTARILY BROUGHT BEFORE THE COMMITTEE

BE IT RESOLVED that the above ordinance, being Ordinance 24-2012 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 October 16, 2012 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

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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 – Labrosse, Townes, Sasso, Meneses, Melfi

ORDINANCE 24-2012 AN ORDINANCE AMENDING CHAPTER 26 “LAND USE PROCEDURES” OF THE CODE OF THE CITY OF HACKENSACK TO ESTABLISH A PRE-APPLICATION CONCEPTUAL REVIEW COMMITTEE, PROCEDURES AND FEES ASSOCIATED WITH THE REVIEW OF APPLICATIONS VOLUNTARILY BROUGHT BEFORE THE COMMITTEE

WHEREAS, the Mayor and Council believe that it would further the interests of sustaining and promoting growth and development in Hackensack if the City’s Land Use Ordinance was amended to include a new Article entitled “Pre-Application Conceptual Review”; and

WHEREAS, it is the purpose of this proposed new Article to establish a Committee within the City that is designated to informally review proposed development applications that are brought before it on a voluntary basis by applicants; and

WHEREAS, the Article establishes a voluntary process to enable the Committee to acquaint the applicant with, among other things, the City’s Master Plan, zoning regulations and other sources of information that may aid the applicant in preparing a submittal to the Planning or Zoning Board; and

WHEREAS, on August 21, 2012, pursuant to N.J.S.A. 40:55D-64 and N.J.S.A. 40:55D-26 the City Council referred this proposed amendment to the City’s Land Use Ordinance to the Planning Board for its review and consideration; and

WHEREAS, the City Council accepts the recommendation of the Planning Board to placed this proposed amendment within Chapter 26 of the City’s Code.

NOW, THEREFORE, BE IT ORDAINED that City Council of the City of Hackensack hereby amends Chapter 26 “Land Use Procedures” adding a new Article V entitled “PRE-APPLICATION CONCEPTUAL REVIEW” as follows:

ARTICLE V PRE-APPLICATION CONCEPTUAL REVIEW 26-51 Establishment of Pre-Application Concept Review Committee There is hereby established a Pre-Application Concept Review Committee (PACRC) the purpose of which is to informally review proposed development applications that are brought before the PACRC on a voluntary basis by the applicant. The PACRC shall consist of a combination of the following city representatives:  City Manager or designee

 Zoning Officer

 Land Use Administrator

 Construction Code Official

 City’s Planning Consultant

 City Attorney or designee

 Planning Board Attorney, except that if the proposed development application is expected to be heard by the Zoning Board of Adjustment, then the Attorney for the Zoning Board of Adjustment shall be substituted for the Planning Board Attorney.

 Any other individual(s) designated to participate by the City Manager whose particular expertise may be required on a specific application. 26-52 Pre-Application Concept Review Committee Meetings

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The Pre-Application Concept Review Committee shall meet on a regular basis in order to informally review proposed applications for development provided that the proposed application has been received by the Land Use Administrator at least fourteen (14) days prior to the scheduled PACRC meeting. It is recommended that the applicant contact the Land Use Administrator at least twenty one (21) days prior to the requested meeting date to confirm the availability of the meeting date and time with the PACRC.

26-53 Right to Request a Pre-Application Conference For the purpose of expediting applications and reducing development costs, an applicant may voluntarily request a pre-application conference with the PACRC prior to making a formal application to either the Planning Board or Zoning Board of Adjustment. An applicant is under no obligation to voluntarily request or participate in the pre- application conference with the PACRC.

26-54 Duties of Pre-Application Concept Review Committee In the event that the applicant makes a voluntary request for a pre-application conference with the PACRC, then the PACRC shall: a. Acquaint the applicant with the substantive and procedural requirements of the City’s Land Use Ordinance.

b. Exchange information with the applicant concerning the relationship of the proposed development with the applicable elements of the City’s Master Plan, Land Use Ordinance or other applicable City regulations.

c. Inform the applicant of any public sources of information that may aid the applicant in preparing its submittal to the Planning or Zoning Board.

d. Review the condition of existing service facilities, the impact of the proposed development on those facilities and improvements that may be necessary or required to accommodate the proposed development and the area affected by the proposed development.

e. Identify City policies or regulations that create opportunities for, or pose significant constraints on the proposed development (including but not limited to flood, fire, traffic, parking, public safety, environmental, historic preservation, property maintenance, or availability of utilities).

f. Consider opportunities to increase development benefits and mitigate undesirable project consequences.

g. Provide input concerning the general design of the proposed development in an effort to expedite the Planning or Zoning Board review and approval process, including a discussion of the applicant’s need for any waivers or variances. 26-55 Legal Effect of Pre-Application Concept Review Committee Participation The informal review by the PACRC and any statements or recommendations made during the PACRC meeting(s) by the City or its representatives shall not have a binding legal effect on the Planning Board, Zoning Board of Adjustment or any City representative participating in the PACRC; nor shall any statements or representations made during the PACRC meeting(s) by the applicant or the applicant’s representatives have a binding legal effect on the applicant.

26-56 Required Applications Submittals for Pre-Application Concept Review Committee. At least fourteen (14) days prior to the scheduled PACRC meeting, the applicant shall have submitted to the Land Use Administrator the application, which shall include nine (9) copies of the following: a. Site plan drawing including general dimensions;

b. Building elevation and/or perspective drawing that includes proposed building height(s);

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c. Typical floor plan(s) including overall dimensions;

d. Project description that includes lot size, number of floors, proposed use or uses and any known waiver (i.e. buffer or setback) or variance requests;

e. Each drawing or plan should include appropriate notes, as applicable concerning the following items: ingress/egress and circulation, lighting, landscaping, utilities, storm water management, parking and open space. Additional copies of these documents may be required from the applicant prior to scheduling the PACRC meeting if the City Manager determines that additional City representatives should participate in the PACRC.

26-57 Costs Associated with PACRC There shall be a Five Hundred Dollar ($500.00) fee due from the applicant upon the applicant voluntarily filing an application for informal review by the PACRC. In the event that the Applicant voluntarily requests additional meetings with the PACRC prior to the filing of an application before the Planning Board or Zoning Board of Adjustment, then the applicant shall pay for the cost of any additional meetings with the PACRC by posting with the Land Use Administrator adequate funds (as determined by the Land Use Administrator taking into consideration the complexity of the proposed project) which shall be held in escrow and used to pay for the City’s actual costs associated with the participation of the city’s representatives at additional PACRC meetings requested by the applicant.

BE IT FURTHER ORDAINED, that if any section, paragraph, subsection, clause or provision of this Ordinance shall be adjudged by the courts to be invalid, such adjudication shall apply only to the section paragraph, subsection, clause or provision so adjudicated, and the remainder of the Ordinance shall be deemed valid and effective; and

BE IT FURTHER ORDAINED, that any ordinances or parts thereof in conflict with the provisions of this Ordinance are repealed to the extent of such conflict; and

BE IT FURTHER ORDAINED, that this Ordinance shall take effect upon passage and publication in accordance with applicable law.

NO. 340-12

OFFERED BY: SASSO SECONDED BY: MENESES

INTRODUCTION OF ORDINANCE NO. 25-2012, AN ORDINANCE AMENDING CHAPTER 26 “LAND USE PROCEDURES” OF THE CODE OF THE CITY OF HACKENSACK TO ESTABLISH AN “APPENDIX A” WITHIN CHAPTER 26 THAT INCLUDES FORMS, CHECKLISTS, INSTRUCTIONS AND ASSOCIATED FEES APPLICABLE TO LAND USE APPLICATIONS FILED WITH THE CITY AND FURTHER AMENDING SECTION 26-28 OF THE CODE

BE IT RESOLVED that the above ordinance, being Ordinance 25-2012 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 October 16, 2012 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 – Labrosse, Townes, Sasso, Meneses, Melfi

ORDINANCE 25-2012

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AN ORDINANCE AMENDING CHAPTER 26 “LAND USE PROCEDURES”OF THE CODE OF THE CITY OF HACKENSACK TO ESTABLISH AN “APPENDIX A” WITHIN CHAPTER 26 THAT INCLUDES FORMS, CHECKLISTS, INSTRUCTIONS AND ASSOCIATED FEES APPLICABLE TO LAND USE APPLICATIONS FILED WITH THE CITY AND FURTHER AMENDING SECTION 26-28 OF THE CODE

WHEREAS, on August 21, 2012, pursuant to N.J.S.A. 40:55D-64 and N.J.S.A. 40:55D-26 the City Council referred the proposed forms, checklists, instructions and fees that were proposed in Appendix A to the Planning Board for its review and consideration; and

WHEREAS, the City Council accepts the following recommendation of the Planning Board concerning these proposed amendments to Chapter 26:

1) Appendix A should not include the following forms because these forms relate to functions of the Building Department and Construction Code Official rather than functions of land use personnel or the Planning Board or Zoning Board of Adjustment.

(a.i.1.a) Two-Page “Building Department Fee Schedule” (a.i.1.b) One-Page “Plumbing Permit Fees” (a.i.1.c) One-Page “Fire Subcode Fee Schedule” (a.i.1.d) One-Page “Electrical Subcode Fee Schedule”

2) Appendix A should be placed in Chapter 26, Land Use Procedures rather than placing Appendix A in Chapter 175, Zoning Ordinance.

3) The One-Page “Zoning Permit Application” found in Appendix A should in fact be a two-page application which has been provided to the City Council by the Planning Board.

4) Section 28 within Chapter 26, Land Use Procedures should be amended as necessary to incorporate the fee structure found in Appendix A. 5) Each of the proposed forms should be given a letter designation, page number designations, include a “last revised” notation, and be listed in an index that becomes part of the Appendix A.

NOW, THEREFORE, BE IT ORDAINED that City Council of the City of Hackensack hereby amends Chapter 26 “Land Use Procedures” adding a new Appendix A which includes the following listed Forms and Index which are attached hereto as Exhibit A: APPENDIX A

Planning Board and Zoning Board Forms Index Form A Pre-Application Concept Review Committee - Pre Application Site Plan Check List (1 page) Form B Details of Site Plan, Ordinance 175-14.7 Site Plan Check List (3 pages) Form C Subdivision Application Instructions (1 page) Form D Site Plan/Subdivision/Variance Application (1 page) Form E Zoning Permit Application (2 pages) Form F Site Information (1 page) Form G Corporate or Partnership/Ownership Disclosure (1 page) Form H Variance Request (1 page) Form I Support Documents (1 page) Form J Site Plan/Subdivision/Variance Application Guidance (1 page) Form K Land Use Application - Directions (1 page) Form L Land Use Application fees (2 pages) Form M Escrow Fee Structure (1 page) These forms may be modified from the existing format for purposes of digitizing same for ease of use as electronic forms, to make non-substantive typographical corrections and to add room for the providing of complete responses by the applicant.

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NOW, THEREFORE, BE IT FURTHER ORDAINED, that the City Council of the City of Hackensack hereby amends Section 28 “Fees” within Chapter 26 “Land Use Procedures” amending and supplementing Subsection C “Fee Schedule for Land Use Applications” within Section 28 “Fees” as follows:

26-28 C. Fee schedule for land use applications. (1) Application fees. (a) Appeals under N.J.S.A. 40:55D-70(a): $500. (b) Interpretations under N.J.S.A. 40:55D-70(b): $500. (c) Variances [1] Applications filed pursuant to N.J.S.A. 40:55D-70c in connection with a variance on property to be used for one- and two family use: $100 per variance. [2] Applications filed pursuant to N.J.SA. 40:55D-70c for a variance on property to be used for all other uses $350 per variance [3] Applications filed pursuant to N.J.S.A. 40:55D-70d: $1,500 per variance. (d) Subdivisions Fees: Minor Subdivision $ Base 500.00 $ New Lots 200.00

Preliminary Major Subdivision $ Base 1,000.00 New Lots $ 350.00

Final Major Subdivision Base $ 1,000.00 New Lots $ 350.00

(2) Site Plan Fees: Pre-Application Conceptual Review Committee Submittal $ 500.00

Minor Site Plan $ 500.00

Site Plan $ 1,000.00

Preliminary Site Plan Fee for Non-Residential .50 per sq. ft. up to 1,000 sq. Sq. Footage First 10,000 sq. ft. ft. .1 cent for every Sq. Ft in addition to the first 10,000 Over 10,000 sq. ft. Sq. ft. Preliminary Site Plan Residential Units Units 1 - 10 $300 per unit Units 11 - 20 $200 per unit Units 21 and over $100 per unit

(3) Initial Escrow Deposits for Site Plans or Variances Residential Site Plan Number of Units Fee • Variance w/o site plan or $750 subdivision (1-2 unit detached

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houses exempted)

• 0 - 10 Units $3,500 • 11 - 25 Units $5,000 • 26 - 100 Units $7,500 • 100 - 200 Units $10,000 • 200 Units or More $12,500

Non-Residential Fee • Variance w/o site plan or subdivision $2,000 • < 1250 sq. ft. Total Floor Area $2,000 • 1250 to 20,000 sq. ft. Total Floor Area $4,000 • 20,000 sq. ft. - 40,000 sq. ft. $6,000 • > 40,000 sq. ft. Total Floor Area $8,000

Subdivision Fee • Minor $2,000 • Major $2,000

(4) Zoning fees; miscellaneous fees. The minimum fee for work covered by City land use ordinance, of $15 per $1,000 of estimated cost of work, with a minimum fee of $45, shall be charged for the following work: [1] Installation or enlargement of any driveway or patio within the property boundaries using the following materials: [a] Concrete. [b] Brick pavers or similar materials. [c] Macadam/Bituminous concrete. [d] Crushed stone or similar materials. [2] Installation or replacement of a fence within the property boundaries. [3] Installation or replacement of shed (accessory structure) under 200 square feet. [4] Site improvements to any property or improvements to a site as required by either Planning or Zoning Board of Adjustment: fee of $l,000.00 to cover the cost of periodic zoning inspections and final approval by the Zoning Official. [5] Copy of land use ordinance: $25. [6] Copy of Zoning Map: $10. [7] Copy of Board resolution (other than applicant): $25. [8] Zoning review, when not associated with a building or zoning permit: $35. [9] List of property owners within 200 feet, public utilities, cable television companies, and/or local utilities: $0.25 per name with $10 minimum. [10] Continued certificate of occupancy (CCO) fee for resale or rental: (a) One-family dwellings: $100. (b) Two-family dwellings: $150.

NOW, THEREFORE, BE IT FURTHER ORDAINED, that the City Council of the City of Hackensack hereby amends Section 28 “Fees” within Chapter 26 “Land Use Procedures” adding a new Subsection D “Land Use Forms” within Section 28 “Fees” as follows:

26-28 D. Land Use Forms, Checklists and Instructions The forms, checklists and instructions found in Appendix A to Chapter 26 are provided for use by individuals or entities making application to the Planning Board or Zoning Board of Adjustment. These forms may be modified from the existing format for purposes of digitizing same for ease of use as electronic forms, to make non- substantive typographical corrections and to add room for the providing of complete responses by the applicant.

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BE IT FURTHER ORDAINED, that any ordinances or parts thereof in conflict with the provisions of this Ordinance are repealed to the extent of such conflict; and

BE IT FURTHER ORDAINED, that this Ordinance shall take effect upon passage and publication in accordance with applicable law.

NO. 341-12

OFFERED BY: SASSO SECONDED: LABROSSE

______

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 $ 3,907,927.88 Escrow 3,393.75 Grants 162,968.29 Payroll 277,157.94 Self Insurance 253,310.69 Public Parking System 23,772.04 Capital 642,184.84 Trust Account 53,352.95

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

The City Clerk announced 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. 342 -12

OFFERED BY: SASSO SECONDED BY: TOWNES ______

WHEREAS, the Division of Local Government Services requires the Chief Financial Officer to prepare, with assistance from other officials affected by the audit finding and recommendations, and to file a “Corrective Action Plan” outlining the actions to be taken by the City relative to the finding and recommendations in the Annual Audit Report; and

WHEREAS, said “Corrective Action Plan” is required to be approved by the governing body and maintained in the office of the City Clerk for public inspection;

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NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack hereby approves the “Corrective Action Plan” for the 2011 Audit Report.

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

NO. 343-12

OFFERED BY: SASSO SECONDED BY: TOWNES ______

WHEREAS, Sherwin-Williams, 185 Moonachie Road, Moonachie, New Jersey, 07074 has been awarded New Jersey State Contract No. 82236 under the State of New Jersey; and

WHEREAS, the City of Hackensack wishes to purchase 1(one) New Paint Line Machine and Bead Dispenser for the Police Traffic Department pursuant to Local Public Contract Laws (N.J.S.A. 40A:11-12); and

WHEREAS, the cost to purchase this New Paint Line Machine and Bead Dispenser for the Police Traffic Department, will be $9,342.19; and

WHEREAS, the Chief of 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 1(one) New Paint Line Machine and Bead Dispenser for the Police Traffic Department from Sherwin-Williams, 185 Moonachie Road, Moonachie, New Jersey, 07074; and

BE IT FURTHER RESOLVED, that the Chief Financial Officer has certified that funds are available in account No. 2-05-55-502-000-234 of the PPS fund.

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

NO. 344-12

OFFERED BY: SASSO SECONDED BY: TOWNES ______

WHEREAS, the Governing Body of the City of Hackensack finds and declares that N.J.S.A. 40:48-2.14 states in all cases where brush, weeds, including ragweed, dead and dying trees, stumps roots, obnoxious growth, filth, garbage, trash and debris are destroyed or removed from any dwelling or lands under any ordinance adopted pursuant to section 1 of P.L. 1943, c.71 (C.40:48-2.13) or section 1 of P.L. 1994, c.167 (C.40:48-2.13a); and

WHEREAS, N.J.S.A. 40:48-2:27 states in all cases where brush, hedges and other plant life are cut from any lands within the limitations of section one hereof under any such ordinance, by or under the direction of an officer of the municipality; and

WHEREAS, N.J.S.A. 40:65-12 states the governing body may make, amend, repeal, and enforce ordinances to compel the owner or tenant of any lands abutting upon the public highways of the municipality, to remove all snow and ice form the abutting sidewalks and gutters of such highways within twelve hours of daylight after the same shall fall or be formed thereon, and all grass, weeds and impediments therefrom within three days after notice to remove the same, and remove all grass, weeds and impediments from the portion of any street, or highway abutting on such lands, and to provide for imposition of penalties for violation of any impediments by the municipality

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where the owner or tenant of any such real estate shall fail to remove the same as provided in the ordinance. The cost of removal of any such snow, ice, grass, weeds or impediments from any sidewalk, gutter or public highway by the municipality shall be certified to the governing body of the municipality by the officer in charge thereof; and

WHEREAS, by or under the direction of an officer or code enforcement officer of the municipality, such officer or code enforcement officer shall certify the above costs thereof to the governing body, which shall examine the certificate, and if found correct, shall cause the cost as shown thereon to be charged against said dwelling or lands; the amount so charged shall forthwith become a lien upon such dwelling or lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such dwelling or lands, the same to bear interest at the same rate as taxes and shall be collected and enforced by the same officers and in the same manner as taxes; and

WHEREAS, the City of Hackensack has maintained the following properties by providing grass and lawn maintenance to the said properties:

125 Hackensack Avenue Block 511, Lot 1 $125.00 50 So. State Street Block 74, Lot 04 $125.00 295 Polifly Road Block 101, Lot 01 $175.00 378 – 380 Summit Avenue Block 345, Lot 04 $125.00

NOW, THEREFORE BE IT RESOLVED, by the Governing Body of the City of Hackensack that the above charges are certified to the Municipal Tax Collector, Elisa Coccia, and she is authorized to convert the above charges to become a lien upon such lands.

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

NO. 345-12

OFFERED BY: SASSO SECONDED BY: TOWNES ______

WHEREAS, the City of Hackensack Sanitation Department requires Refuse Containers with snap on wheels, designed specifically for our semi-automated system that is retrofitted to our garbage trucks; and

WHEREAS, the refuse containers are of extraordinary nature for the Sanitation Department Garbage Trucks in 5:3014C promulgated by the Local Finance Board, Division of Local Government Service Inc.

NOW, THEREFORE, BE IT RESOLVED, that the proposal submitted by the Schaefer Systems International, Inc., P.O. Box 7009, Charlotte, North Carolina 28241- 7009, New Jersey, 08732, be accepted and awarded in the amount of $10,767.50; and

BE IT FURTHER RESOLVED, that the Chief Financial Officer has certified that funds are available in current account 2-01-26-305-305-274.

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

9/24/12

PULLED NO. 346-12

OFFERED BY: SECONDED BY: ______

WHEREAS, Teaneck Salomons, LLC is the taxpayer of certain real property designated as Block 324, Lot 12.03 and known as 324 Railroad Avenue; and

WHEREAS, the taxpayer filed appeals to its 2011 real property tax assessment, which matter is presently pending in the Tax Court of New Jersey; and

WHEREAS, the yearly assessment is $896,800; and

WHEREAS, upon review of information submitted, a reduction appears appropriate; and

WHEREAS, it is the recommendation of the Tax Attorney 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 and all documents which may be necessary to effectuate the settlement of litigation entitled “Teaneck Salomons, LLC v. City of Hackensack”, Docket No. 018655- 2011, presently pending in the Tax Court of New Jersey, so that the assessment be set as follows:

ASSESSMENT – YEAR $775,000 2011 ; and

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 after entry of the Tax Court Judgment.

Roll Call - Ayes:

NO. 347-12

OFFERED BY: SASSO SECONDED BY: TOWNES ______

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:

$136.00 is a refund for a Hackensack permit fee.

Refund to: Victor Sa General Manager Vulcan Basement Waterproofing Co. of N.J. 868 Broadway Newark, NJ 07104

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

9/24/12

PULLED NO. 348-12

OFFERED BY: SECONDED BY: ______

WHEREAS, Samuel and Barbara Toscano were the owners and taxpayers for 2007 of certain real property designated as Block 604, Lots 10.01 and 14.03, known as 609 Summit Avenue; and

WHEREAS, Jialin Chen is the owner and taxpayer for 2008 of certain real property designated as Block 604, Lots 10.01 and 14.03, known as 609 Summit Avenue; and

WHEREAS, each taxpayer filed an appeal to their individual 2007 and 2008 real property tax assessment which matters are presently pending in the Tax Court of New Jersey; and

WHEREAS, the yearly assessment was $2,247,300 for Block 604, Lot 10.01 and $571,200 for Block 604, Lot 14.03; and

WHEREAS, upon review of information submitted, a reduction appears appropriate; and

WHEREAS, it is the recommendation of the Tax Attorney 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 and all documents which may be necessary to effectuate the settlement of litigation, including requests for application of the Freeze Act (N.J.S.A. 54:51 A-8), entitled “Toscano, Samuel and Barbara v. City of Hackensack”, Docket Nos: 008361-2007 and 010990-2008 and “Jialin Chen v. City of Hackensack, Docket No: 010990-2008, presently pending in the Tax Court of New Jersey, so that the assessment, for 2007 and 2008, for Block 604, Lot 10.01 be reduced to $1,560,000 and the assessments for Block 604, Lot 10.01 be reduced to $440,000 for each year under appeal; and

BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a full waiver of any interest payable to the taxpayer on the refund.

Roll Call - Ayes:

PULLED NO. 349-12

OFFERED BY: SECONDED BY: ______

WHEREAS, Gunter Metsch and Joachim Taube are the owners and taxpayers of certain real property designated as Block 230, Lots 3.03, known as 200 Atlantic Street; and

WHEREAS, the taxpayers filed appeals to their 2007, 2008, 2009 and 2010 real property tax assessment which matters are presently pending in the Tax Court of New Jersey; and

WHEREAS, the yearly assessment was $1,369,800; and

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WHEREAS, upon review of information submitted, a reduction appears appropriate; and

WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that this matter should be settled; and

WHEREAS, said settlement is in the best interest of the City of Hackesack.

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 and all documents which may be necessary to effectuate the settlement of litigation entitled “Gunther Metsch & Joachim Taube v. City of Hackensack”, Docket Nos: 004575-2007, 003355-2008, 001204-2009 and 002670-2010, presently pending in the Tax Court of New Jersey, so that the assessment be set as follow:

ASSESSMENT – YEAR $1,070,000 2007 $1,070,000 2008 $1,070,000 2009 $1,070,000 2010 ; and

BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a waiver of any interest payable to the taxpayer on the refund pursuant to N.J.S.A. 54:3- 27.2 provided the refund is paid within 60 days after entry of the Judgment by the Tax Court.

Roll Call - Ayes:

NO. 350-12

OFFERED BY: SASSO SECONDED BY: TOWNES ______

WHEREAS, pursuant to LPCL 40A:11-6.1 three quotes were received from J. Fletcher Creamer and Sons, Inc., Joseph M. Sanzari, Inc. and ConQuest Industries General Contractors, for the additional repairs to the Mercer Street Pump Station due to Hurricane Irene for the City of Hackensack; and

WHEREAS, the Project Manager advised the Director of Purchasing that he had reviewed such quotations and found that J. Fletcher Creamer and Sons, Inc., 101 East Broadway, Hackensack, New Jersey, 07601 is reasonable and satisfactory.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hackensack award for the additional repairs to the Mercer Street Pump Station due to Hurricane Irene to J. Fletcher Creamer and Sons, Inc., 101 East Broadway, Hackensack, New Jersey, 07601 for the total price of $21,425.00; and

BE IT FURTHER RESOLVED, that the Chief Financial Officer has certified that the funds will be available in the current account 2-01-26-311-311-204 in the amount of $21,425.00

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

NO. 351-12

OFFERED BY: SASSO SECONDED BY: TOWNES ______

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WHEREAS, pursuant to LPCL 40A:11-6.1 three quotes were received from Accurate Tank Testing, LLC., H.A. Fernot Co., Inc. and EV Banta Co. Inc. for the excavation of fuel piping diesel and gasoline at 120 East Broadway, Hackensack; and

WHEREAS, the Project Manager advised the Director of Purchasing that he had reviewed such quotations and found that Accurate Tank Testing, LLC, P.O. Box 336, Franklin Lakes, New Jersey, 07417 is reasonable and satisfactory; and

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hackensack award for the excavation of fuel piping diesel and gasoline at 120 East Broadway, Hackensack, New Jersey, 07601 to Accurate Tank Testing, LLC, P.O. Box 366, Franklin Lakes, New Jersey, 07417 for the total price of $11,406.00.

BE IT FURTHER RESOLVED, that the Chief Financial Officer has certified that the funds will be available in the current account 2-01-22-200-202-212 in the amount of $11,406.00.

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

NO. 352-12

OFFERED BY: SASSO SECONDED BY: TOWNES ______

RESOLUTION AFFIRMING THE CIVIL RIGHTS POLICY OF THE CITY OF HACKENSACK WITH RESPECT TO ALL OFFICIALS, APPOINTEES, EMPLOYEES, PROSPECTIVE EMPLOYEES, VOLUNTEERS, INDEPENDENT CONTRACTORS AND MEMBERS OF THE PUBLIC THAT COME INTO CONTACT WITH MUNICIPAL EMPLOYEES, OFFICIALS AND VOLUNTEERS

WHEREAS, it is the policy of the City of Hackensack (the “City”) to treat the public, employees, prospective employees, appointees, volunteers and contractors in a manner consistent with all applicable civil rights laws and regulations including, but not limited to the Federal Civil Rights Act of 1964 as subsequently amended, the New Jersey Law Against Discrimination, the Americans with Disabilities Act and the Conscientious Employee Protection Act; and WHEREAS, the Governing Body of the City has determined that certain procedures need to be established to accomplish this policy.

NOW, THEREFORE, BE IT RESOLVED by the City that:

Section 1: No official, employee, appointee or volunteer of the City by whatever title known, or any entity that is in any way a part of the City shall engage, either directly or indirectly in any act including the failure to act that constitutes discrimination, harassment or a violation of any person’s constitutional rights while such official, employee, appointee volunteer, or entity is engaged in or acting on behalf of the City’s business or using the facilities or property of the City.

Section 2: The prohibitions and requirements of this resolution shall extend to any person or entity, including but not limited to any volunteer organization or inter-local organization, whether structured as a governmental entity or a private entity, that receives authorization or support in any way from the City to provide services that otherwise could be performed by the City.

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Section 3: Discrimination, harassment and civil rights shall be defined for purposes of this resolution using the latest definition contained in the applicable Federal and State laws concerning discrimination, harassment and civil rights.

Section 4: The City Manager and/or his designee shall establish written procedures for any person to report alleged discrimination, harassment and violations of civil rights prohibited by this resolution. Such procedures shall include alternate ways to report a complaint so that the person making the complaint need not communicate with the alleged violator in the event the alleged violator would be the normal contact for such complaints.

Section 5: No person shall retaliate against any person who reports any alleged discrimination, harassment or violation of civil rights, provided however, that any person who reports alleged violations in bad faith shall be subject to appropriate discipline.

Section 6: The City Manager and/or his designee shall establish written procedures that require all official, employees, appointees and volunteers of the City as well as all other entities subject to this resolution to periodically complete training concerning their duties, responsibilities and rights pursuant to this resolution.

Section 7: The City Manager and/or his designee shall establish a system to monitor compliance and shall report at least annually to the Governing Body the results of the monitoring.

Section 8: At least annually, the City Manager shall cause a summary of this Resolution and the procedures established pursuant to this Resolution to be communicated within the City. This communication shall include a statement from the Governing Body expressing its unequivocal commitment to enforce this Resolution. This summary shall also be posted on the City’s web site.

Section 9: This Resolution shall take effect immediately.

Section 10: A copy of this Resolution shall be published in the official newspaper of the City in order for the public to be made aware of this policy and the City’s commitment to the implementation and enforcement of this policy.

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

NO. 353-12

OFFERED BY: SASSO SECONDED BY: TOWNES ______

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

$300.00 545 52 Daniel & Linda Grateneau 2012 Overpayment 109 Poplar Avenue Hackensack, NJ 07601

$3055.44 604 17.01 Kumarpal & Rooshabh Shah 2012 Overpayment c/o Direct Title Corp. 400 West Main Street Freehold, NJ 07728

$1574.68 341 8-C0S2D Loretta LLC 2012 Overpayment 1123 Parkview Drive Covina, CA 91724

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

NO. 354-12

OFFERED BY: SASSO SECONDED BY: TOWNES

AUTHORIZATION TO UNDERTAKE AN INVESTIGATION TO DETERMINE WHETHER A DELINEATED AREA SATISFIES THE CRITERIA FOR DESIGNATION AS AN AREA IN NEED OF REDEVELOPMENT

WHEREAS, the City of Hackensack is authorized pursuant to N.J.S.A. 40A:12A- 5 to determine that a delineated area is an area in need of redevelopment; and

WHEREAS, in order to make that determination, the City Council must first authorize the Planning Board to undertake a preliminary investigation (the “Investigation”) to determine whether the proposed area is a redevelopment area according to the criteria set forth in N.J.S.A. 40A:12A-5 and N.J.S.A. 40A:12A-3; and

WHEREAS, the City Council would like the Planning Board to investigate whether the following Block(s) and Lot(s) (hereinafter the “Study Area”) constitute an area in need of redevelopment:

Block Lot Address______

209 8 76 State Street 209 9 76 State Street 209 10 76 State Street 209 11 86 State Street 209 12 92 State Street 209 13 94 State Street 209 15 31 Warren Street

WHEREAS, the City Council desires to authorize its planning consultant, DMR Architects to assist the Planning Board in the Investigation of the Study Area and to prepare a redevelopment plan for the Study Area in the event that the Planning Board makes a recommendation that some or all of the Study Area constitutes an area in need of redevelopment.

NOW, THEREFORE, BE IT RESOLVED that City Council of the City of Hackensack does hereby authorize the Planning Board to undertake the Investigation to determine whether the Study Area is a redevelopment area according to the criteria set forth in N.J.S.A. 40A:12A-5 and N.J.S.A. 40A:12A-3; and

BE IT FURTHER RESOLVED that DMR Architects is authorized to assist the Planning Board in the Investigation and to prepare a redevelopment plan for the Study Area in the event that the Planning Board makes a recommendation that some or all of the Study Area constitutes an area in need of redevelopment; and

BE IT FURTHER RESOLVED that the City Manager and City Attorney shall provide assistance the Planning Board and/or DMR Architects in the conduct of the Investigation; and

BE IT FURTHER RESOLVED that copies of this Resolution shall be forwarded to the Planning Board, the Planning Board Attorney, DMR Architects, Stephen LoIacono, City Manager and Joseph Zisa, City Attorney.

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

9/24/12

NO. 355-12

OFFERED BY: SASSO SECONDED BY: TOWNES ______

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 #2011 Lodi Moose Lodge RA #2010 Hackensack University Medical Center RA #2007 Fairleigh Dickinson University RA #2009 YWCA

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

NO. 356-12

OFFERED BY: SASSO SECONDED BY: TOWNES ______

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:

$100.00 is a refund for a Hackensack Jr. Track registration fee

Refund to: Mr. E. Charleston 29 Linden Street, Apt. 315 Hackensack, NJ 07601

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

NO. 357-12

OFFERED BY: SASSO SECONDED BY: TOWNES ______

Approval to submit a grant application and execute a grant contract with the New Jersey Department of Transportation for the Pedestrian Safety Improvements on Main Street and Hudson Street

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack formally approves the grant application for the above stated project.

BE IT FURTHER RESOLVED that the Mayor and Municipal Clerk are hereby authorized to submit an electronic grant application identified as MA-2013-Hackensack City-00010 to the New Jersey Department of Transportation on behalf of the City of Hackensack.

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BE IT FURTHER RESOLVED that the Mayor and Municipal Clerk are hereby authorized to sign the grant agreement on behalf of the City of Hackensack and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement.

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

NO. 358-12

OFFERED BY: SASSO SECONDED BY: TOWNES ______

WHEREAS, Maria Helena Battaglia, Senior Docket Clerk – Bilingual, has requested a Leave of Absence without pay for three months due to the illness of a family member; and

WHEREAS, City Manager, Stephen Lo Iacono Jr. has determined that this employee be granted a Leave of Absence for three months, commencing Friday, October 5, 2012 and terminating Friday, January 4, 2013.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hackensack, that Maria Helena Battaglia, be granted a Leave of Absence for three months, without pay, as requested; and

BE IT FURTHER RESOLVED, that a certified copy of this Resolution is forwarded to the employee’s pension system by the Chief Financial Officer.

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

NO. 359-12

OFFERED BY: SASSO SECONDED BY: TOWNES ______

BE IT RESOLVED, by the City Council of the City of Hackensack that City Manager Stephen Lo Iacono is hereby authorized to execute a Corrective Action Plan for the Hackensack Health Department.

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

NO. 360-12

OFFERED BY: SASSO SECONDED BY: TOWNES ______

WHEREAS, a Bergen County Community Development grant of $105,000 has been proposed by the Mayor and Council for ADA Handicapped Ramps in the municipality of Hackensack, and

WHEREAS, pursuant to the State Interlocal Services Act, Community Development funds may not be spent in a municipality without authorization by the Governing Body; and

WHEREAS, the aforesaid project is in the best interest of the people of Hackensack, and

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WHEREAS, this resolution does not obligate the financial resources of the municipality and is intended solely to expedite expenditure of the aforesaid CD funds.

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of The City of Hackensack hereby confirms endorsement of the aforesaid project, and

BE IT FURTHER RESOLVED, that a copy of this resolution shall be sent to the Director of the Bergen County Community Development Program so that implementation of the aforesaid project may be expedited.

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

NO. 361-12

OFFERED BY: SASSO SECONDED BY: TOWNES ______

WHEREAS, a Bergen County Community Development grant of $367,935 has been proposed by the Mayor and Council for Road Resurfacing in the municipality of Hackensack, and

WHEREAS, pursuant to the State Interlocal Services Act, Community Development funds may not be spent in a municipality without authorization by the Governing Body, and

WHEREAS, the aforesaid project is in the best interest of the people of Hackensack, and

WHEREAS, this resolution does not obligate the financial resources of the municipality and is intended solely to expedite expenditure of the aforesaid CD funds.

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of The City of Hackensack hereby confirms endorsement of the aforesaid project, and

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

A motion was made by Councilman Meneses and seconded by Councilwoman Sasso to open the meeting to the public.

Regina DiPasqua, Parker Avenue, spoke about the Police department ordinance and said that it had been prepared a year ago but now we need it and it is not ready. She said that it needs to be in place and hopes that no one phones in their changes as those are OPMA violations. Ms. DiPasqua also spoke about the recycling calendar and the Police substation which she said is rarely used and said that the funds for utilities for the substation would have been better utilized on the calendar. Ms. DiPasqua asked about the status of the newsrack ordinance and also the proposed televising of meetings. Mayor Melfi said that the subcommittee for same met three to four weeks ago and that Al Dib is looking into some options as we have to know that the infrastructure can support this. The Mayor also said that there had been no decision to make the recycling calendar on-line only but that next year it would be available both ways. The Mayor said that the newsrack ordinance is still being edited in order to avoid litigation and that Mr. Lo Iacono will check into the utility costs for the substation. Ms. DiPasqua said that the substation is not an effective crime deterrent.

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Kathy Salvo, 184 Hudson Street, congratulated everyone who had received certificates this evening and asked everyone present to come to the meetings as there is no one present to see the meetings. She also said that efforts have been made for three years to get the meetings televised. Ms. Salvo also spoke about the Police substation and burglaries in the area. She said that in the past she had requested a new camera be installed on that corner but was told that there was not enough money and also that Fr. Laffler had gone to Chief Padilla and asked for a camera. Mr. Lo Iacono said that he was not aware of this. Ms. Salvo said that the newspaper racks are a mess and that everyone should come to the meetings as everyone’s input is needed. Mayor Melfi indicated that he had spoken to Chief Padilla with reference to crime statistics for the City and that crime is significantly down in the first ward compared to other parts of the City.

Phyllis Wright, spoke about road paving and Mayor Melfi explained the yearly road program and that it is mostly funded through grants.

As no one else wished to be heard, a motion was made by Councilwoman Sasso and seconded by Deputy Mayor Townes to close the public portion of the meeting.

A motion was made by Councilman Labrosse and seconded by Deputy Mayor Townes to adjourn the meeting at 8:35 p.m.

______Mayor Michael R. Melfi

______Deputy Mayor Marlin G. Townes

______Councilwoman Karen K. Sasso

______Councilman Jorge E. Meneses

______Councilman John P. Labrosse

______Debra Heck, City Clerk

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