City Council

NO. 168 OFFERED BY: MELFI SECONDED BY: MENESES _________________________________________________________________ WHEREAS, the City of Hackensack has a need for 2006 Financial Software 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 Hackensack Chief Financial Officer has determined and certified in writing that the value of the acquisition will exceed $17,500; and WHEREAS, the anticipated term of this contract is one year; and WHEREAS, Edmunds & Associates, Inc., has submitted a proposal dated October 1, 2005 indicating they will provide the Financial Software Maintenance Services for $22,500.00; and WHEREAS, Edmunds & Associates, Inc., has completed and submitted a Business Entity Disclosure Certification which certifies that Edmunds & Associates, Inc. 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 Edmunds & Associates, Inc., 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) of 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 Edmunds & Associates Inc., to perform 2006 Financial Software Maintenance Services for an amount not to exceed $22,500.00; and WHEREAS, a certificate establishing that funds are available from Account No. 6-01-20-130-130-232 in the amount of $7,850.00, Account No. 6-01-20-145-145-232 in the amount of $9,310.00 of the Current Fund, and Account No. 6-05-55-502-000-232 in the amount of $5,340.00 of the Public Parking System Utility Operating Fund, Purchase Order No. 149258, has been issued by the Chief Financial Officer; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack as follows: 1. The Mayor and City Clerk be and they are hereby authorized and directed to execute a contract with Edmunds & Associates, Inc., 301A Tilton Road, Northfield, New Jersey 08225, to provide the aforesaid services for the period January 1, 2006 through December 31, 2006.  2. This contract is awarded without competitive bidding as professional services in accordance with N.J.S.A. 40A:11-1(1)(a)(i) of the Local Public Contracts Law. 3, The Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution. 4. 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, Sasso, Meneses, McAuliffe Absent - Townes NO. 169 OFFERED BY: MELFI SECONDED BY: MENESES _________________________________________________________________ WHEREAS, Debra A. Heck, Administrative Secretary, is requesting a twelve (12) month Leave of Absence, without pay, to serve as City Clerk for the City of Hackensack; and WHEREAS, Stephen Lo Iacono, City Manager, has determined that this employee be granted a twelve month Leave of Absence, as requested, effective June 3, 2006 and Terminating June 2, 2007; NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hackensack, that Debra A. Heck, Administrative Secretary, be granted a twelve month Leave of Absence, without pay, as requested; and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the employee’s pension system by the Chief Financial Officer. Roll Call: Ayes – Melfi, Sasso, Meneses, McAuliffe Absent - Townes . NO. 170 OFFERED BY: MENESES SECONDED BY: MELFI _________________________________________________________________ INTRODUCTION OF THE ORDINANCE AMENDING CITY ORDINANCE 2-77 CHAPTER 26 “LAND USE PROCEDURES” SECTION 26-26 MEETINGS TO ADD SUBSECTION F AND G BE IT RESOLVED that the above ordinance, being Ordinance 13- 2006 as 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 June 6, 2006 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, Sasso, Meneses, McAuliffe Absent - Townes . NO. 171 OFFERED BY: MENESES SECONDED BY: MELFI _________________________________________________________________ WHEREAS, pursuant to an advertisement in The Record, bids were received on April 4, 2006 for Pothole Repairing within the City of Hackensack; and WHEREAS, bids were received from DLS Contracting Inc., Colonelli Brothers Inc., Cream Ridge Construction Co. Inc., Montana Construction Corp. Inc., Mark Paving Co. Inc., D & L Paving Contracting Inc. and Penaloza and Calderone; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Hackensack that the contract for Pothole Repairing in the City of Hackensack be awarded to Montana Construction Corp., Inc., 80 Contant Avenue, Lodi, New Jersey 07644 for a two week period at the contract price of $17,000.00; BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in account no. 6-01-201-26- 290-291-234 of the Current Budget. Roll Call: Ayes – Melfi, Sasso, Meneses, McAuliffe Absent - Townes NO. 172 OFFERED BY: MELFI SECONDED BY: MENESES _________________________________________________________________ WHEREAS, the City of Hackensack is desirous of obtaining a Fireworks display for the City of Hackensack festivities on July 1, 2006; and WHEREAS, it is the desire of the Mayor and City Council to engage the services of Fireworks by Grucci, One Grucci Lane, Brookhaven, New York 11719 to perform this service; and WHEREAS, such service, being specialized and qualitative in nature, and which requires expertise, extensive training and proven reputation in this field of endeavor, are “extraordinary, unspecifiable services” as that term is defined in N.J.S.A. 40A:11-2(7) and are, therefore, exempt from public bid; and WHEREAS, the Chief Financial Officer has certified that funds are available in the 2006 Budget, account 6-01-201-30-420- 420-29W. Purchase Order #149296 in the amount not to exceed $17,499.00; WHEREAS, the Local Public Contracts Law requires that the resolution authorizing the award of contracts for extraordinary, unspecifiable services without competitive bidding and the contract must be available for public inspection; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that: 1) The Mayor and City Clerk be and they are hereby authorized and directed to execute a contract with Fireworks by Grucci, Inc., for the performance of the aforedescribed extraordinary, unspecifiable services. 2) This contract is awarded without competitive bidding as  an extraordinary, unspecifiable service in accordance with N.J.S.A. 40A:11-5(i)(a)(1) of the Local Public Contracts Law. BE IT FURTHER RESOLVED, that the City Clerk be and is hereby directed to retain a copy of the contract, upon execution for public inspection and to publish a notice of this action once in The Record. Roll Call: Ayes – Melfi, Sasso, Meneses, McAuliffe Absent - Townes NO. 173 OFFERED BY: MELFI SECONDED BY: MENESES _________________________________________________________________ WHEREAS, N J Transit has funds for the purchase of bus shelters throughout the State of New Jersey; and WHEREAS, the governing body of a municipality in New Jersey or the Board of Chosen Freeholders of a county may apply to the New Jersey Transit Corporation for the purchase and installation of bus shelters at legally designated bus stops; and WHEREAS, the City of Hackensack, in the interest of promoting public transportation, conservation of energy, traffic safety, and for the convenience of the public, endorses the concept of providing bus shelters within its jurisdiction. NOW, THEREFORE, be it resolved, that the application is hereby made by the City of Hackensack to the New Jersey Transit Corporation for the purchase and installation of one bus shelter as set forth in Exhibit A, made a part hereof. FURTHER, be it resolved that the City Manager and the City Clerk be authorized to execute an agreement or agreements with NJ Transit to arrange for the purchase and installation of the shelters. Roll Call: Ayes - Melfi, Sasso, Meneses, McAuliffe Absent - Townes NO. 174 OFFERED BY: MELFI SECONDED BY: MENESES _________________________________________________________________ INTRODUCTION OF AN ORDINANCE AMENDING CITY ORDINANCE 1-77 CHAPTER 175 ‘ZONING’ TO INCLUDE DEFINITION OF CLOTHING BIN AND BAN ON CLOTHING BINS BE IT RESOLVED that the above ordinance, being Ordinance 14- 2006 as 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 June 6, 2006 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, Sasso, Meneses, McAuliffe Absent – Townes The Deputy Mayor stated that this Ordinance is an attempt by the City to control the presence of clothing bins that have been popping up on public property. The Council does recognize that some organizations such as the Red Cross, etc. are legitimate, however some are questionable and this Ordinance should offer some control over the situation. NO. 175 OFFERED BY: MENESES SECONDED BY: MELFI _________________________________________________________________ WHEREAS, Scleroderma is a chronic, degenerative autoimmune disease that predominantly affects women in the prime of their lives, but impacts children and men as well; and WHEREAS, autoimmune disease including Scleroderma are one of the top four causes of disability of women over fifteen and under age sixty-five; and WHEREAS, it can take three or more years for an individual to be diagnosed and receive appropriate treatment, leading to higher medical costs and government spending; and WHEREAS, there is more hope for those with Scleroderma to live a normal life today than there was five years ago due to the development of medications and ongoing clinical trials; and WHEREAS, the month of June has been designated National Scleroderma Awareness Month, with patient education, patient support and research being the three-fold mission of the Scleroderma Foundation, Tri-State Chapter (covering New York, New Jersey and Connecticut); NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the City of Hackensack does hereby proclaim June, 2006 as Scleroderma Awareness Month in the City of Hackensack, and urge all employees and residents to participate in our municipality’s efforts to become better educated on the subject of Scleroderma. Roll Call: Ayes – Melfi, Sasso, Meneses, McAuliffe Absent - Townes NO. 176 OFFERED BY: MENESES SECONDED BY: MELFI _________________________________________________________________ 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: AMOUNT BLOCK LOT NAME YEAR REASON $1,753.20 566 4 Rodriquez, Porfirio D 2005 ERR PMT & Yenny M. Roll Call: Ayes – Melfi, Sasso, Meneses, McAuliffe Absent - Townes  NO. 177 OFFERED BY: MELFI 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 $933.00 on Block 344, Lot 16, C011F to unpaid 2006 as per the property owner, Elaine Katz Edlin. Roll Call: Ayes- Melfi, Sasso, Meneses, McAuliffe Absent - Townes NO. 178 OFFERED BY: MELFI SECONDED BY: MENESES _________________________________________________________________ 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 $5,675,913.33 Capital Account 22,186.60 Trust Account 1,361.42 Public Parking System 68,762.16 Payroll Agency Account 123,242.09 Roll Call: Ayes – Melfi, Sasso, Meneses, McAuliffe Absent - Townes NO. 179 OFFERED BY: MENESES SECONDED BY: MELFI ________________________________________________________________________ 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 application on file in the office of the City Clerk: RA:1803 – Hackensack University Medical Center RA:1804 – Fairleigh Dickinson University Roll Call: Ayes – Melfi, Sasso, Meneses, McAuliffe Absent - Townes NO. 180 OFFERED BY: MENESES SECONDED BY: MELFI _________________________________________________________________ WHEREAS, a confidential settlement agreement was entered into with Elena Cilli in the matter of Elena Cilli 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 Cilli vs. City of Hackensack. Roll Call: Ayes – Melfi, Sasso, Meneses, McAuliffe Absent - Townes NO. 181 OFFERED BY: MELFI SECONDED BY: MENESES _________________________________________________________________ AN ORDINANCE AMENDING CITY ORDINANCE 2-82 CHAPTER 170-49.2 “PARKING FOR THE HANDICAPPED”, TO INCLUDE THE EAST SIDE OF SOUTH MAIN STREET FROM A POINT 48 FEET NORTH OF THE NORTHEAST CURB LINE APEX OF SOUTH MAIN STREET AND WEST FRANKLIN AVENUE TO A POINT 20 FEET NORTH THEREOF/1 SPACE EXCEPT ON FRIDAYS BE IT RESOLVED that the above ordinance, being Ordinance 15- 2006 as 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 June 6, 2006 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, Sasso, Meneses, McAuliffe Absent - Townes NO. 182 OFFERED BY: MENESES SECONDED BY: MELFI _______________________________________________________________ BE IT RESOLVED by the City Council of the City of Hackensack that the Mayor and City Clerk be, and they hereby are, authorized to execute a Developers’ Agreement by and between the City of Hackensack, the Planning Board of the City of Hackensack and The Stop and Shop Supermarket Company, LLC, in connection with Planning Board Application Nos. SP22-05 and V.41-05, approved by said Planning Board on November 9, 2005. Roll Call: Ayes - Melfi, Sasso, Meneses, McAuliffe Absent - Townes NO. 183 OFFERED BY: MENESES SECONDED BY: MELFI _________________________________________________________________ AN ORDINANCE AMENDING CITY ORDINANCE 9-89 CHAPTER 111 “NEWS RACKS IN ITS ENTIRETY TO REGULATE PLACEMENT OF NEWS RACKS ON PUBLIC PROPERTY BE IT RESOLVED that the above ordinance, being Ordinance 16- 2006 as introduced, does now pass on first reading and that said ordinance shall be considered for final passage at a meeting to be held on June 6, 2006 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, Sasso, Meneses, McAuliffe Absent - Townes Deputy Mayor Sasso stated that this Ordinance is similar to the clothing bin ordinance. There seems to have been a proliferation of news racks throughout the City and this is an attempt on the Council’s part to offer some control. NO. 184 OFFERED BY: MELFI SECONDED BY: MENESES ______________________________________________________________________________ BE IT RESOLVED by the City Council of the City of Hackensack that William DiMinno be appointed to the Zoning Board of Adjustment as a regular member to assume the unexpired term of Soraya Gonzalez, expiring December 31, 2006; and BE IT FURTHER RESOLVED that Kathleen Tiernan, 79 Davis Avenue, be appointed to the Zoning Board of Adjustment as a regular member to assume the unexpired term of Virginia Cariello, expiring December 31, 2009. Roll Call: Ayes – Melfi, Sasso, Meneses, McAuliffe Absent - Townes NO. 185 OFFERED BY: MELFI SECONDED BY: MENESES _________________________________________________________________ WHEREAS, N.J.S.A. 54:5-113 authorizes assignment by a municipality of a tax sale certificate for the full amount of the certificate, including all subsequent municipal taxes and other municipal charges; and WHEREAS, Dornoch Holdings has presented an offer to purchase, by assignment, Tax Title Lien Certificate Nos. 96.65, 96.66 and 96.67 which were issued by the City of Hackensack at a tax sale held 11/21/96, on Block 15, Lot 1 known as 374-380 South River Street, Hackensack, New Jersey; Block 15, Lot 5, known as 382-398 South River Street, Hackensack, New Jersey; and Block 16.01, Lot 1, known as 400-416 South River Street, Hackensack, New Jersey and assessed to EVAL Terminals, Inc., in the amount of $1,960,248.86, being the full amount of the certificates, including all subsequent municipal taxes and other municipal charges. NOW, THEREFORE, BE IT RESOLVED, that the City of Hackensack hereby authorizes the Mayor and Municipal Clerk to execute the necessary assignment document to effect assignment of the above referenced Tax Title Lien Certificates. BE IT FURTHER RESOLVED, that a copy of the resolution be forwarded to the Tax Collector. Roll Call: Ayes – Melfi, Sasso, Meneses, McAuliffe Absent - Townes  NO. 186 OFFERED BY: MELFI SECONDED BY: MENESES ______________________________________________________________________________ WHEREAS, Governor Corzine has recently indicated that he will do all that he can to get the Legislature to move forward on property tax reform in a special session this summer; and WHEREAS, Governor Corzine has stated that he refuses to believe that the State should have to wait until 2008 to have a Citizens’ Convention for Property Tax Reform; and WHEREAS, the City of Hackensack salutes Governor Corzine for his efforts as we realize that property tax accounts for approximately forty-five percent of New Jersey’s state and local tax revenue, the national average being just slightly above thirty percent; and WHEREAS, New Jersey property taxes equal about 5.6 percent as a percentage of personal income, compared with the national average of 3.6 percent and New Jersey households with incomes in the lowest twenty percent pay 9.2 percent of their earnings in property taxes; while the wealthiest twenty percent pay 3.6 percent; NOW THEREFORE BE IT RESOLVED that the City Council of the City of Hackensack urges our State legislators to welcome the chance to wrestle with this chronic and worsening crisis in a special session, as soon as possible and also to join as co-sponsors of S-756 and SCR-68 which would allow the people of New Jersey to decide whether or not they want a special citizens’ convention to recommend for voter approval, constitutional and statutory changes to achieve and sustain meaningful property tax reform; and BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to our State Legislators and to all municipalities in the State of New Jersey. Roll Call: Ayes – Melfi, Sasso, Meneses, McAuliffe Absent - Townes