City Council

City Council Resolutions, February 6, 2007 NO. 42-07 OFFERED BY: McAULIFFE SECONDED BY: TOWNES ______________________________________________________________________________ FINAL ADOPTION OF ORDINANCE 1-2007 ENTITLED “AN ORDINANCE REPEALING CITY ORDINANCE NUMBER 24-89 ENTITLED CONDOMINIUM AND COOPERATIVE UNIT OWNERS ADVISORY BOARD”. Mayor Sasso: “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 McAuliffe that there be a public hearing. PUBLIC HEARING Motion offered by Meneses 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. 1-2007 entitled: “AN ORDINANCE REPEALING CITY ORDINANCE NUMBER 24-89 ENTITLED CONDOMINIUM AND COOPERATIVE UNIT OWNERS ADVISORY BOARD” pass its second and final reading and is hereby adopted. Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 43-07 OFFERED BY: TOWNES SECONDED BY: McAULIFFE _________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 2-2007 “AN ORDINANCE CREATING CITY ORDINANCE NUMBER 24-89 CHAPTER 13A OF THE CODE OF THE CITY OF HACKENSACK, ENTITLED ‘CONDOMINIUM AND COOPERATIVE UNIT OWNERS ADVISORY BOARD’ Mayor Sasso: “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 McAuliffe 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. 2-2007 entitled: “AN ORDINANCE CREATING CITY ORDINANCE NUMBER 24-89 CHAPTER 13A OF THE CODE OF THE CITY OF HACKENSACK, ENTITLED ‘CONDOMINIUM AND COOPERATIVE UNIT OWNERS ADVISORY BOARD’ pass its second and final reading and is hereby adopted. Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 44-07 OFFERED BY: MELFI SECONDED BY: McAULIFFE _________________________________________________________________ FINAL ADOPTION OF ORDINANCE 3-2007, “AN ORDINANCE AMENDING CITY ORDINANCE NUMBER 44-78 CHAPTER 26-11 SECTION D ENTITLED ESTABLISHMENT; COMPOSITION; VACANCIES; TO PROVIDE POSITIONS FOR FOUR ALTERNATE MEMBERS TO BE APPOINTED BY THE MAYOR AND COUNCIL TO THE ZONING BOARD OF ADJUSTMENT”. Mayor Sasso: “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 McAuliffe that there be a public hearing. PUBLIC HEARING Motion offered by Meneses and seconded by Townes that the public hearing be closed. BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey that Ordinance 3-2007 entitled: AN ORDINANCE AMENDING CITY ORDINANCE NUMBER 44-78 CHAPTER 26-11 SECTION D ENTITLED ESTABLISHMENT; COMPOSITION; VACANCIES; TO PROVIDE POSITIONS FOR FOUR ALTERNATE MEMBERS TO BE APPOINTED BY THE MAYOR AND COUNCIL TO THE ZONING BOARD OF ADJUSTMENT” pass its second and final reading and is hereby adopted. Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 45-07 OFFERED BY: MELFI SECONDED BY: McAULIFFE _________________________________________________________________ FINAL ADOPTION OF ORDINANCE 4-2007, “CITY ORDINANCE CHAPTER 42 SECTION ENTITLED SEWER CONNECTION FEES” Mayor Sasso: “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move? Motion offered by Townes and seconded by McAuliffe that there be a public hearing. PUBLIC HEARING Motion offered by Meneses 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 4-2007 entitled: “CITY ORDINANCE CHAPTER 42 SECTION ENTITLED SEWER CONNECTION FEES” pass its second and final reading and is hereby adopted. Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 46-07 OFFERED BY: MENESES SECONDED BY: McAULIFFE _________________________________________________________________  FINAL ADOPTION OF ORDINANCE NO. 5-2007, “AN ORDINANCE AMENDING CITY ORDINANCE NUMBER 8-88 CHAPTER 42 SECTION 42-3 ENTITLED PROCEDURES AND OPERATION OF THE SHADE TREE ADVISORY COMMITTEE” Mayor Sasso: “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 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. 5-2007 entitled: “AN ORDINANCE AMENDING CITY ORDINANCE NUMBER 8-88 CHAPTER 42 SECTION 42-3 ENTITLED PROCEDURES AND OPERATION OF THE SHADE TREE ADVISORY COMMITTEE” pass its second and final reading and is hereby adopted. Roll Call: Ayes - Melfi, Townes, Meneses, McAuliffe, Sasso NO. 47-07 OFFERED BY: MELFI SECONDED BY: TOWNES _________________________________________________________________ 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 $12,929,111.41 Payroll Agency Account 246,983.22 Public Parking System 101,810.63 Capital Account 8,428.05 Trust Account 30,331.00 Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 48-07 OFFERED BY: TOWNES SECONDED BY: McAULIFFE _________________________________________________________________ INTRODUCTION OF AN ORDINANCE AMENDING CITY ORDINANCE 2-82 CHAPTER 170-50, SCHEDULE 1, “NO PARKING”, TO PROHIBIT PARKING ON SUMMIT AVENUE SOUTHBOUND (WEST SIDE) BETWEEN HAMILTON PLACE AND PASSAIC STREET. BE IT RESOLVED that the above ordinance, being Ordinance 6- 2007 as introduced, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held on March 6, 2007 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, Townes, Meneses, McAuliffe, Sasso NO. 49-07 OFFERED BY: TOWNES SECONDED BY: McAULIFFE _________________________________________________________________ INTRODUCTION OF AN ORDINANCE AMENDING CITY ORDINANCE 2-82 CHAPTER 170-49.2 “PARKING FOR THE HANDICAPPED”, TO INCLUDE THE NORTH SIDE OF COLES AVENUE FROM A POINT 125 FEET EAST FROM THE NORTHEASTERLY CURB LINE OF SUMMIT AVENUE TO A POINT 20 FEET EAST THEREOF. BE IT RESOLVED that the above ordinance, being Ordinance 7- 2007 as introduced, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held on March 6, 2007 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, Townes, Meneses, McAuliffe, Sasso NO. 50-07 OFFERED BY: TOWNES SECONDED BY: McAULIFFE _________________________________________________________________ WHEREAS, New Jersey Public Law 1995 Chapters 304 and 320 provides for participation of local health agencies in the New Jersey State Tobacco Age of Sale Program and makes available financial aid to assist such agencies; and WHEREAS, the City of Hackensack’s Department of Health has established and maintains a Tobacco Age of Sale Program that meets the standards of performance as prescribed by the New Jersey State Department of Health and Senior Services; and WHEREAS, the Hackensack Health Department qualifies for said financial assistance for the period of April 1, 2007 through March 31, 2008. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that John G. Christ, Health Officer of the City of Hackensack, is authorized to make application to the New Jersey State Department of Health and Senior Services for participation in the Tobacco Age of Sale Program for the period April 1, 2007 through March 31, 2008. Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 51-07 OFFERED BY: TOWNES SECONDED BY: McAULIFFE _________________________________________________________________ WHEREAS, the governing body of the City of Hackensack has been advised that an emergency affecting the safety and welfare of the citizens of the City of Hackensack and the general public when catch basins collapsed at 77 South Newman Street and Central and Railroad Avenues and were rendered inoperable; and  WHEREAS, the Project Manager notified the City Manager setting forth the circumstances regarding the emergency; and WHEREAS, the governing body is satisfied that an emergency did exist and that immediate action was necessary to restore the aforementioned line to full operation; and WHEREAS, the cost of repairs were $7,300.00, which was a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in account 6-01-201-26-311-311-204, Purchase Order #153670; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hackensack that pursuant to N.J.S.A. 40A:11-6 which authorizes the governing body to award contracts without benefit of public bidding in emergency situations and the vendor Kaycon Construction, 78 Voorhis Lane, Hackensack, New Jersey 07601, be paid therefore. Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 52-07 OFFERED BY: TOWNES SECONDED BY: McAULIFFE _________________________________________________________________ WHEREAS, the City’s Insurance Committee annually instructs the Otterstedt Agency to request proposals for Excess Workers Compensation; and WHEREAS, the Otterstedt Agency has solicited companies for this purpose; and WHEREAS, after careful review of the proposals the City’s Insurance Committee and Otterstedt Agency, in their opinions, decided that the City award the Excess Worker’s Compensation to the Midwest Employers Casualty Company through the Otterstedt Agency; and WHEREAS, the Chief Financial Officer has certified that funds are available in account #7-01-23-215-215-285 of the Current Fund. Purchase Order #153819. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Hackensack that the Mayor be and is hereby authorized to execute a contract between the Otterstedt Agency and the City of Hackensack for Excess Worker’s Compensation with Midwest Employers Casualty Company for the period December 31, 2006 through December 31, 2007 at the contract price of $66,523.00 Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 53-07 OFFERED BY: TOWNES SECONDED BY: McAULIFFE _________________________________________________________________ WHEREAS, the City’s Insurance Committee annually instructs the Otterstedt Agency to request proposals for a Pollution Legal Liability Policy; and WHEREAS, the Otterstedt Agency has solicited companies for this purpose; and WHEREAS, after careful review of the proposals the City’s Insurance Committee and the Otterstedt Agency, in their opinion, decided that the City award the Pollution Legal Liability Policy to AIG Insurance through the Otterstedt Agency; WHEREAS, the Chief Financial Officer has certified that funds are available in account #7-01-23-220-220-285 of the Current Fund. Purchase Order #153797; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Hackensack that the Mayor be and is hereby authorized to execute a contract between the Otterstedt Agency and the City of Hackensack for a Pollution Legal Liability Policy with AIG Insurance for the period January 1, 2007 through December 31, 2010 at the contract price of $67,932.00. Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 54-07 OFFERED BY: TOWNES SECONDED BY: McAULIFFE _________________________________________________________________ WHEREAS, there exists in the City of Hackensack a need for the services of a licensed New Jersey Attorney for the purpose of district court litigation, 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:11-5 (1) (a) (i) of the Local Public Contracts Law; and WHEREAS, pursuant to the Fair and Open Process Rule, N.J.S.A. 19:44A-20.4 et seq., advertisements for proposals were published on the City of Hackensack’s Web Site and The Bergen Record Newspaper, and proposals were received and reviewed for the aforementioned professional services for the Year 2007 which anticipated cost will be over $17,500 per year. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that: (1) The Mayor and City Clerk be and they are hereby authorized and directed to execute a contract with Richard Malagiere, 407 Sette Avenue, Paramus, NJ 07652 to perform the aforesaid services. (2) This contract is awarded pursuant to a fair and open process. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to retain a copy of the contract for public inspection and to publish a notice of this action once in The Record. Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 55-07 OFFERED BY: TOWNES SECONDED BY: McAULIFFE _________________________________________________________________ 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:1821 – Columbians Inc. RA:1822 – Hackensack University Medical Center RA:1823 – Tomorrows Children’s Fund RA:1824 – Auxiliary of Hackensack University Medical Center  Roll Call: Ayes - Melfi, Townes, Meneses, McAuliffe, Sasso NO. 56-07 OFFERED BY: TOWNES SECONDED BY: McAULIFFE _________________________________________________________________ WHEREAS, the City of Hackensack Police Department requires Hardware and Software Maintenance for their computer system; and WHEREAS, the services are of an extraordinary nature as it involves maintenance of a complex system as defined in 5:3014C promulgated by the Local Finance Board, Division of Government Services; and NOW, THEREFORE, BE IT RESOLVED that the proposal submitted by Matrixx Systems, LLC, P.O. Box 412, Midland Park, New Jersey 07432 be accepted and awarded in the amount of $14,400.00; BE IT FURTHER RESOLVED, that the Chief Financial Officer has certified that funds are available in the General Fund of the 2007 Budget from account: 7.1.201.25.240.240.232 $14,400.00 Purchase Order #153954 Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 57-07 OFFERED BY: TOWNES 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 reasons stated: AMOUNT BLOCK LOT NAME YEAR REASON $ 5,010.00 583 1.01 Joseph, Pierre V & Ianni S. 2006 ERR PMT 1,137.92 214 7 Michael A. Vespasiano, Attorney Trust Account 2004 STB 1,191.26 214 7 “ “ “ 2005 STB 1,917.44 206.01 9 Michael A. Vespasiano, Attorney Trust Account 2004 STB 2,007.32 206.01 9 “ “ “ 2005 STB 3,718.40 33 12 Michael A. Vespasiano, Attorney Trust Account 2004 STB 3,892.70 33 12 “ “ “ 2005 STB 3,418.24 78 47 Michael A. Vespasiano, Attorney Trust Account 2004 STB 3,578.47 78 47 “ “ “ 2005 STB 1,457.06 543 23 Estate of Margaret Delprete 2006 CTB-AA 1,071.04 237 2,C002D Campion, Mark 2006 ERRPMT 1,299.00 100E 18,C0001 LandAmerica 2007 “ “ $60.00 refund to Mrs. Paula Henry, 116 Spring Valley Avenue, for Hackensack Youth Basketball. $60.00 refund to Mrs. Jeanette Valle, 561 Prospect Avenue, for Hackensack Youth Basketball. Roll Call: Ayes - Melfi, Townes, Meneses, McAuliffe, Sasso NO. 58-07 OFFERED BY: TOWNES SECONDED BY: McAULIFFE _________________________________________________________________ BE IT RESOLVED by the City Council of the City of Hackensack that the Mayor and City Clerk be and they are hereby authorized to execute a renewal agreement between the City of Hackensack and the Borough of River Edge for the Sewer Connection for Dinallo’s Restaurant located in River Edge, for the period of January 1, 2007 through December 31, 2009. Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 59-07 OFFERED BY: TOWNES SECONDED BY: McAULIFFE _________________________________________________________________ BE IT RESOLVED by the City Council of the City of Hackensack that the Mayor and the City Clerk be, and they hereby are, authorized to execute a Developers Agreement by and between the Hackensack Zoning Board of Adjustment, Valley National Bank, and the City of Hackensack in connection with the development project approved by the Zoning Board of Adjustment (No.40-05, SP No. 21-05) incorporated into a Resolution adopted by the Board on March 22, 2006. Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 60-07 OFFERED BY: TOWNES SECONDED BY: McAULIFFE _________________________________________________________________ BE IT RESOLVED by the City Council of the City of Hackensack that the Mayor and the City Clerk be, and they hereby are, authorized to execute a Developers Agreement by and between the Hackensack Zoning Board of Adjustment, 29 Linden Street Associates, and the City of Hackensack in connection with the development project approved by the Zoning Board of Adjustment (No. 21-06, SP No. 06-06) incorporated into a Resolution adopted by the Board on July 19, 2006. Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 61-07 OFFERED BY: TOWNES SECONDED BY: McAULIFFE _________________________________________________________________ BE IT RESOLVED by the Mayor and Council of the City of Hackensack that Gregg Paster, Esq. be appointed as Assistant Public Defender, replacing Wilfredo Ortiz, Esq. Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 62-07 OFFERED BY: TOWNES SECONDED BY: McAULIFFE _________________________________________________________________ BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the following appointments to the various boards be made: ZONING BOARD  Howard Hurwitz, 326 Prospect Avenue, be appointed to fill the unexpired term of Paul Marchal which will expire on December 31, 2009. PLANNING BOARD Roman Kaminsky, 303 Summit Avenue, be appointed as to fill the unexpired term of Howard Hurwitz which will expire on December 31, 2007. HACKENSACK ALLIANCE TO PREVENT ALCOHOL & DRUG ABUSE John Christ, 215 State Street, be appointed to fill an unexpired term which will expire on December 31, 2008. Marcella Davis, 65 First Street, be appointed to fill an unexpired term which will expire on December 31, 2009. Iris Koonin, 425 Pine Hill Road, Leonia, be appointed to fill an unexpired term which will expire on December 31, 2007. Victoria E. Taylor, 120 Atlantic Street, be appointed to fill an unexpired term which will expire on December 31, 2007. Charlotte Panny, 65 Central Avenue, be appointed to fill an unexpired term which will expire on December 31, 2008. Lauren Zyriek, One Bergen County Plaza, be appointed to fill an unexpired term which will expire on December 31, 2009. Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso