City Council

City Council Resolutions, June 5, 2007 NO. 180-07 OFFERED BY: TOWNES SECONDED BY: MCAULIFFE ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 17-2007, AMENDING CITY ORDINANCE 2-82 CHAPTER 170-49.2 “PARKING FOR THE HANDICAPPED”, TO ELIMINATE ONE HANDICAP PARKING SPACE ON THE NORTH SIDE OF SUSSEX STREET FROM A POINT 210 FEET WEST OF THE NORTHWESTERLY CURB LINE OF NEWMAN STREET TO A POINT 20 FEET WEST THEREOF. “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 Melfi 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.17-2007 entitled: “PARKING FOR THE HANDICAPPED”, TO ELIMINATE ONE HANDICAP PARKING SPACE ON THE NORTH SIDE OF SUSSEX STREET FROM A POINT 210 FEET WEST OF THE NORTHWESTERLY CURB LINE OF NEWMAN STREET TO A POINT 20 FEET WEST THEREOF pass its second and final reading and is hereby adopted. Roll Call: Ayes - Melfi, Townes, Meneses, McAuliffe, Sasso NO. 181-07 OFFERED BY: TOWNES SECONDED BY: MELFI ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 18-2007, AMENDING CITY ORDINANCE NO. 14-2006 CHAPTER 175 “ZONING”, TO INCLUDE A VIOLATIONS AND PENALTIES SECTION FOR CLOTHING BINS. “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.18-2007 entitled: “AMENDING CITY ORDINANCE NO. 14-2006 CHAPTER 175 “ZONING”, TO INCLUDE A VIOLATIONS AND PENALTIES SECTION FOR CLOTHING BINS pass its second and final reading and is hereby adopted. Roll Call: Ayes - Melfi, Townes, Meneses, McAuliffe, Sasso NO. 182-07 OFFERED BY: MELFI SECONDED BY: MENESES ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 19-2007, AMENDING CITY ORDINANCE NO. 5-2005 CHAPTER 147-2, ENTITLED “CREATION OF DISTRICT” TO EXPAND THE BID BY INCLUDING PROPERTIES LOCATED FROM ATLANTIC STREET TO MERCER STREET “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 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.19-2007 entitled: AMENDING CITY ORDINANCE NO. 5-2005 CHAPTER 147-2, ENTITLED “CREATION OF DISTRICT” TO EXPAND THE BID BY INCLUDING PROPERTIES LOCATED FROM ATLANTIC STREET TO MERCER STREET pass its second and final reading and is hereby adopted. Roll Call: Ayes - Melfi, Townes, Meneses, McAuliffe, Sasso  NO. 183-07 OFFERED BY: MENESES SECONDED BY: MCAULIFFE ________________________________________________________________ INTRODUCTION OF AN ORDINANCE AMENDING CITY ORDINANCE NUMBER CHAPTER 175 OF THE CODE OF THE CITY OF HACKENSACK, ENTITLED “ZONING ORDINANCE AND MAP” BE IT RESOLVED that the above ordinance, being Ordinance 20-2007 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 June 19, 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. 184-07 OFFERED BY: MENESES SECONDED BY: MCAULIFFE ________________________________________________________________ BE IT RESOLVED by the City Council of the City of Hackensack that the bills in the following accounts be and are hereby ordered paid: Current Account $ 1,707,085.14 Payroll Agency Account $ 146,682.95 PPS Capital $ 11,654.03 Public Parking System $ 12,758.02 Capital Account $ 998.00 Roll Call: Ayes - Melfi, Townes, Meneses, McAuliffe, Sasso  NO. 185-07 OFFERED BY: TOWNES SECONDED BY: MCAULIFFE ________________________________________________________________ INTRODUCTION OF AN ORDINANCE AMENDING CITY ORDINANCE NUMBER 20-99 CHAPTER 93-6 SECTIONS C AND D ENTITLED “AUTHORIZED COLLECTIONS TO DESIGNATE PRIVATE AND SCAVENGER PICKUP OF GARBAGE AND/OR RECYCLABLE MATERIALS COMMENCING AT 5:00 AM AND FINISHING NO LATER THAN 7:00 PM. BE IT RESOLVED that the above ordinance, being Ordinance 21-2007 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 June 19, 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. 186-07 OFFERED BY: MELFI SECONDED BY: MCAULIFFE ________________________________________________________________ WHEREAS, the governing body of the City of Hackensack has been advised that an emergency affecting the welfare of the citizens of the City of Hackensack and the general public when sewer lines collapsed on Lodi and Newman Streets and Vreeland and Washington Streets 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 a emergency did exist and that immediate action was necessary to restore the aforementioned sewer lines to full operation; and WHEREAS, the cost of the repair was $8,650.26, which was a fair and reasonable quotation; and  WHEREAS, the Chief Financial Officer has certified that funds are available in account #7-01-22-311-311-204, Purchase order #156297; 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 J. Fletcher Creamer & Son, Inc., 101 East Broadway, Hackensack, New Jersey 07601 be paid therefore. Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 187-07 OFFERED BY: MELFI SECONDED BY: MCAULIFFE ________________________________________________________________ WHEREAS, the City of Hackensack has a need to acquire a 2007 Summer Concert Series 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 Recreation Department 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, Jerry LaGuardia Entertainment & Productions, Inc., has submitted a proposal dated February 6, 2007 indicating they will provide the 2007 Summer Concert Series services for $43,000.00; and WHEREAS, Jerry LaGuardia Entertainment & Productions, Inc., has completed and submitted a Business Entity Disclosure Certification which certifies that Jerry LaGuardia Entertainment & Productions, 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 Jerry LaGuardia Entertainment & Productions, 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) or the Local Public Contracts Law; and WHEREAS, the Local Public Contracts Law requires that the resolution authorizing the award of contracts for professional services without competitive bidding and the contract must be available for public inspection; and  WHEREAS, it is the desire of the City Council of the City of Hackensack to retain the services of Jerry LaGuardia Entertainment & Productions Inc., to perform 2007 Summer Concert Series services for an amount not to exceed $43,000.00; and WHEREAS, a certificate establishing that funds are available from Account No. 7-01-30-420-420-29W in the amount of $43,000.00 of the Current Fund, Purchase Order No. 155783, 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 Jerry LaGuardia Entertainment & Productions, Inc., Webster Commons, 271 Grove Street, Building E, Verona, New Jersey 07044, to provide the aforesaid services for the period July 1, 2007 through August 1, 2007. 2. This contract is awarded without competitive bidding as professional services in accordance with N.J.S.A. 40A:11-1(1)(a)of the Local 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, Townes, Meneses, McAuliffe, Sasso NO. 188-07 OFFERED BY: MELFI SECONDED BY: MCAULIFFE ________________________________________________________________ WHEREAS, the Hackensack Upper Main Alliance is desirous of obtaining a loan through the Department of Community Affairs; and WHEREAS, in order for the Hackensack Upper Main Alliance to obtain the loan it is necessary for the Mayor and Council of the City of Hackensack to authorize Schoor Depalma to register under the City of Hackensack’s Sage site on behalf of the Hackensack Upper Main Alliance and the City of Hackensack; and  WHEREAS, the Hackensack Upper Main Alliance agrees to pay any and all fees resulting from the filing of this application including any and all fees paid to Schoor Depalma; and WHEREAS, the Hackensack Upper Main Alliance has agreed to sign a letter of agreement with the City of Hackensack regarding financial obligations for the repayment of the loan by the Hackensack Upper Main Alliance; NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Hackensack hereby authorizes Schoor Depalma to file an application with the Department of Community Affairs for the Hackensack Upper Main Alliance to receive a $100,000 zero percent interest loan under the City of Hackensack’s Sage site. Roll Call: Ayes - Melfi, Townes, Meneses, McAuliffe, Sasso NO. 189-07 OFFERED BY: MELFI SECONDED BY: MCAULIFFE ________________________________________________________________ WHEREAS, the City of Hackensack and the Township of Teaneck desire to enter into an Interlocal Service Agreement pursuant to N.J.S.A. 40:8A-1 et seq. for authority to provide maintenance and repairs on township vehicles under the terms and conditions set forth in the Interlocal Service agreement; and WHEREAS, the Township of Teaneck is desirous of having the City of Hackensack maintain and repair township vehicles; and WHEREAS, the City of Hackensack is willing to accept the responsibility for maintenance and repair of vehicles for the Township of Teaneck through its Department of Public Works in accordance with the Interlocal Service Agreement between the City of Hackensack and the Township of Teaneck; and WHEREAS, the Township of Teaneck agrees to pay to the City of Hackensack an hourly rate of $32.00 for maintenance and repair of the aforesaid vehicles; WHEREAS, the Township of Teaneck agrees to reimburse the City of Hackensack for any and all parts required to complete the repair; and NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the City of Hackensack hereby authorize the City Manager of the City of Hackensack to sign the Interlocal Service Agreement on behalf of the City of Hackensack as well as any other documents that may be required to effectuate performance of this agreement. Roll Call: Ayes- Melfi, Townes, Meneses, McAuliffe, Sasso NO. 190-07 OFFERED BY: MELFI SECONDED BY: MCAULIFFE ________________________________________________________________ BE IT RESOLVED, by the City Council of the City of Hackensack that the proper officers be and are hereby authorized to make the following refund for the reason stated: $75.00 Payment collected for registration for Latin Dance Classes which were cancelled. Refund to: Mrs. Rosa Hereida 280 Standish Ave. 1st Floor Hackensack, NJ 07601 (Lucciana Heredia) Mrs. Slavia Caparo 190 Poor Street Hackensack, NJ 07601 (Kathleen Caparo) Roll Call: Ayes- Melfi, Townes, Meneses, McAuliffe, Sasso NO. 191-07 OFFERED BY: MELFI SECONDED BY: MCAULIFFE ________________________________________________________________ BE IT RESOLVED by the City Council of the City of Hackensack that the following organization be granted permission to conduct a Raffle in accordance with the application on file in the office of the City Clerk: RA: 1832 – Hackensack University Medical Center Roll Call: Ayes - Melfi, Townes, Meneses, McAuliffe, Sasso  NO: 192- 07 SECONDED BY: OFFERED BY: MENESES 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 Erroneous $1,307.00 230 14 Torres, Roberto 2006 Payment Erroneous $1,154.66 237 2,C005J Aurora Loan Services 2006 Payment Erroneous $1,544.00 44 15 Borrero, Harry 2007 Payment Erroneous $1,740.00 83 13,01 Maury, Luis & Beatriz 2006 Payment Erroneous $2,082.00 434 14,01 ServiceLink 2007 Payment Erroneous $1,500.00 549 23 Chuqui, Victor 2005 Payment Erroneous $1,993.00 538 9,C1502 Cenlar Mortgage 2006 Payment First American Real Erroneous $632.00 17 10,C002D Estate Tax Service 2006 Payment Jones, Elizabeth & Erroneous $2,100.00 423 3 William 2007 Payment Mayol, Jamie S Sr & Erroneous $5,936.85 16 12 Edna Rivera 2006 Payment Mayol, Jamie S Sr & Erroneous $2,968.00 16 12 Edna Rivera 2007 Payment Chase Home Finance Erroneous $1,531.00 546 21 LLC 2007 Payment Roll Call: Ayes: Melfi, Townes, Meneses, McAuliffe, Sasso  NO. 193-07 OFFERED BY: MELFI SECONDED BY: MCAULIFFE ________________________________________________________________ WHEREAS, the Tax Assessor has determined the following properties are exempt properties for 2006, as they are 100% disabled: Mayol, Jamie S. Sr. 16/12,13 Full Year 2006 12 Shafer Place NOW THEREFORE, BE IT RESOLVED, the Tax Collector is directed to reduce property taxes for 2006 accordingly, to reflect the exemption. Roll Call: Ayes- Melfi, Townes, Meneses, McAuliffe, Sasso NO. 194-07 OFFERED BY: MELFI SECONDED BY: MCAULIFFE ________________________________________________________________ WHEREAS, there exists in the City of Hackensack a need for the services of a licensed New Jersey Planner for the purpose of reviewing the existing zoning code for the City of Hackensack; and WHEREAS, such professional services will be rendered or performed by a person authorized by law to practice a recognized profession and whose practice is regulated by law pursuant to N.J.S.A.40A11-5(1)(a)(i) of the Local Public Contracts Law; and WHEREAS, pursuant to the Fair and Open Process Rule, N.J.S.A. 19:44A-20.4 et seq., advertisements for proposals were published on the City of Hackensack’s Web Site and The Bergen Record Newspaper, and proposals were received and reviewed for the aforementioned professional services for the Year 2007 which anticipated cost will be over $17,500 per year. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that; (1) The City Manager be and is hereby authorized and directed to execute a contract with H2M ASSOCIATES INC., 555 Preakness Avenue, Totowa, New Jersey 07512 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. 195-07 OFFERED BY: MELFI SECONDED BY: MCAULIFFE ________________________________________________________________ WHEREAS, the City of Hackensack has a need to acquire software maintenance as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and WHEREAS, it has been determined and certified in writing that the value of the acquisition will exceed $17,500.00; and WHEREAS, the term of the contract is January 1, 2007 to December 3, 2007; and WHEREAS, Edmunds and Associates has submitted a proposal indicating that they will provide software maintenance for the Finance Department, Tax Collector and Utility Accounting for $23,031.00; and WHEREAS, the Chief Financial Officer has certified that funds are available in 7-01-201-20-130-130-232 $8,458.92, 7-01-201-20-145-145-232 $9,240.83 and 7-05-201-55-502-000-232 $5,331.25 in the Current and Public Parking Budget, Purchase Order #155129; and WHEREAS, Edmunds and Associates has completed and submitted a Business Entity Disclosure Certification which certifies that Edmunds and Associates has not made any reportable contributions to a political or candidate committee in the City of Hackensack in the previous year, and that the contract will prohibit Edmunds and Associates from making any reportable contributions through the terms of the contract; NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack authorizes the City of Hackensack to enter into a contract with Edmunds and Associates as described therein; and BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification and Determination of Value be placed on file with this Resolution. Roll Call: Ayes - Melfi, Townes, Meneses, McAuliffe, Sasso  NO. 196-07 OFFERED BY: MELFI SECONDED BY: MCAULIFFE ________________________________________________________________ WHEREAS, the City of Hackensack has received Change Order No. 1 from Smith Sondy Paving Contractors, in the amount of a $13,391.31 reduction for the State Aid Improvements to Spring Valley Avenue as built quantities of asphalt, eco curb pieces, inlet type E castings, detectable warning surface $19,686.96 and increases for concrete vertical curb, concrete sidewalk, traffic markings and new manhole frame and cover $6,295.65 a net decrease of $13,391.31; and WHEREAS, the total contract amount will decrease from $182,743.70 to $169,352.39; and WHEREAS, the City’s Engineers, Job & Job, as well as John Flannigan, the City’s Project Manager have reviewed this change order and have recommended that said Change Order be approved. NOW, THEREFORE, BE IT RESOLVED that Change Order No. 1 in the amount of $13,391.31 for reductions are for the State Aid Improvements to Spring Valley Avenue as built quantities of asphalt, eco curb pieces, inlet type E castings, detectable warning surface $19,686.96 and increases for concrete vertical curb, concrete sidewalk, traffic markings and new manhole frame and cover $6,295.65 a net decrease of $13,391.31 be approved for Smith Sondy Paving Contractors, 150 Anderson Avenue, Wallington, New Jersey, 07057. Roll Call: Ayes - Melfi, Townes, Meneses, McAuliffe, Sasso NO. 197-07 OFFERED BY: MELFI SECONDED BY: MCAULIFFE ________________________________________________________________ WHEREAS, the Main Street Business Alliance Inc. 2007 Budget was approved on the 20th day of March, 2007; and WHEREAS, the public hearing on said budget was held as advertised; and WHEREAS, it is desired to amend said approved budget; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Hackensack, Bergen County, that the following amendment to the approved budget of the Main Street Business Alliance Inc. 2007 Budget be made: Include additional properties located from Atlantic Street to Mercer Street and increase said budget as introduced from $260,595.00 to $324,095.00. NOW, THEREFORE, BE IT FURTHER RESOLVED by the Mayor and City Council of the City of Hackensack as follows: 1) The appropriate City Officials are hereby directed to undertake all necessary procedures set forth in N.J.S.A. 40:56-84 prior to the public hearing on the proposed amendment to the 2007 Main Street Business Alliance Inc. budget. 2) June 19, 2007 is hereby established as the date of the public hearing on the proposed amendment to the 2007 Main Street Business Alliance Inc. budget. Roll Call: Ayes - Melfi, Townes, Meneses, McAuliffe, Sasso NO. 198-07 OFFERED BY: MELFI SECONDED BY: MCAULIFFE ________________________________________________________________ WHEREAS, the governing body of the City of Hackensack has been advised that an emergency affecting the welfare of the citizens of the City of Hackensack and the general public when a sewer line collapsed on Lehigh and Sussex Streets and was 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 a emergency did exist and that immediate action was necessary to restore the aforementioned line to full operation; and WHEREAS, the cost of the repair was $4,151.33, which was a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in account #7-01-201-311-311-204, Purchase order #155915; 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 J. Fletcher Creamer & Son, Inc., 101 East Broadway, Hackensack, New Jersey 07601 be paid therefore. Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 199-07 OFFERED BY: MELFI 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 Adam Silverstein, 150 Overlook Avenue and Joseph Tyrell, 326 Prospect Avenue be appointed as alternates. Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 200-07 OFFERED BY: MELFI SECONDED BY: MCAULIFFE ________________________________________________________________ BE IT RESOLVED by the City Council of the City of Hackensack that Plenary Retail Consumption License No. 0223-44-035-007 heretofore issued to Princess Liquors be transferred to D.N. Patel, LLC, 789 Main Street, Hackensack, NJ, effective June 5, 2007; and BE IT FURTHER RESOLVED that the applicant has complied with Sub- Chapter 7 of the New Jersey Administrative Code. Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso