City Council

City Council Resolutions, March 18, 2008 NO. 89 - 08 OFFERED BY: MELFI SECONDED BY: TOWNES ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 5-2008, AN ORDINANCE ESTABLISHING A TRAFFIC CONTROL SIGNAL MONITORING SYSTEM “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move? Motion offered by Sasso and seconded by McAuliffe that there be a public hearing. PUBLIC HEARING Motion offered by Sasso and seconded by Melfi that the public hearing be closed. BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 5-2008 entitled: “AN ORDINANCE ESTABLISHING A TRAFFIC CONTROL SIGNAL MONITORING SYSTEM” has passed its second and final reading and is hereby adopted. Roll Call: Ayes: Melfi, Townes, Sasso, McAuliffe, Meneses NO. 90 - 08 OFFERED BY: SASSO SECONDED BY: MCAULIFFE INTRODUCTION OF ORDINANCE NO. 6-2008, AN ORDINANCE AMENDING CITY ORDINANCE 1-77, CHAPTER 175-3, ENTITLED, “DEFINITIONS”, TO CHANGE THE DEFINITION OF “COMMERCIAL MOTOR VEHICLE.” BE IT RESOLVED that the above ordinance, being Ordinance 6-2008 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 April 8, 2008 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, Sasso, McAuliffe, Meneses NO. 91 - 08 OFFERED BY: MELFI SECONDED BY: MCAULIFFE INTRODUCTION OF ORDINANCE NO. 7-2008, AN ORDINANCE AMENDING CITY ORDINANCE NO. 40-89 ARTICLE XII (PARKING METERS) OF CHAPTER 170-35 (DESIGNATION OF PARKING SPACES) “§ 170-70. SCHEDULE XXI: PARKING METER ZONES.” TO ELIMINATE THE PARKING METERS BETWEEN SECOND STREET AND PROSPECT AVENUE ON ATLANTIC STREET. BE IT RESOLVED that the above ordinance, being Ordinance 7-2008 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 April 8, 2008 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, Sasso, McAuliffe, Meneses NO. 92 - 08 OFFERED BY: SASSO SECONDED BY: MCAULIFFE ________________________________________________________________ WHEREAS, pursuant to N.J.S.A. 40:56-84, the District Management Corporation known as the “Main Street Business Alliance, Inc.” has submitted its proposed budget for 2008 to the Mayor and Council of the City of Hackensack in the amount of $ 360,595.00 for the purposes of introduction; and WHEREAS, municipal approval of said budget may be conferred only upon compliance with the requested statutory notices and procedures, and not prior to a public hearing on said budget to be held not less than twenty-eight (28) days from the date of introduction; NOW, THEREFORE, BE IT 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 budget; and 2. April 22, 2008 at 7:00 P.M., is hereby established as the date of the public hearing on the proposed budget. Roll Call: Ayes – Melfi, Townes, Sasso, McAuliffe, Meneses NO. 93-08 OFFERED BY: MELFI SECONDED BY: MCAULIFFE MUNICIPAL BUDGET NOTICE Roll Call: Ayes – Melfi, Townes, Sasso, McAuliffe, Meneses NO. 94 - 08 OFFERED BY: SASSO 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 $ 2,550,610.71 Grants $ 50,756.50 Payroll Agency Account $ 124,020.15 Public Parking System $ 7,888.62 Capital $ 62,563.95 Trust Account $ 565.00 Roll Call: Ayes – Melfi, Townes, Sasso, McAuliffe, Meneses “The City Clerk announces 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.”  NO. 95 - 08 OFFERED BY: SASSO SECONDED BY: MCAULIFFE WHEREAS, the Local Government Cap Law, N.J.S. 40A:4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 2.5% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and, WHEREAS, N.J.S.A. 40A:4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and, WHEREAS, the City Council of the City of Hackensack in the County of Bergen finds it advisable and necessary to increase its CY 2008 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and, WHEREAS, the City Council hereby determines that a 1.0% increase in the budget for said year, amounting to $540,750.61 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap law, is advisable and necessary; and, WHEREAS, the City Council hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years. NOW THEREFORE BE IT ORDAINED, by the City Council of the City of Hackensack, in the County of Bergen, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2008 budget year, the final appropriations of the City of Hackensack shall, in accordance with this ordinance and N.J.S.A. 40A:4-45.14, be increased by 3.50%, amounting to $1,892,627.14, and that the CY 2008 municipal budget for the City of Hackensack be approved and adopted in accordance with this ordinance; and, BE IT FURTHER ORDAINED, that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and, BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within five (5) days of introduction; and, BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within five (5) days after such adoption. Roll Call: Ayes- Melfi, Townes, Sasso, McAuliffe, Meneses NO. 96 - 08 OFFERED BY: SASSO SECONDED BY: MCAULIFFE ________________________________________________________________ WHEREAS, Mercury Rising, LLC is the owner and taxpayer of certain real property designated as Block 228, Lot 11 known as 52 First Street; and WHEREAS, the taxpayer filed appeals to its 2004, 2005 and 2006 real property tax assessments, which matter is pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessments is $463,900.00; 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 this matter 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 “Mercury Rising LLC. v. Hackensack City”, Docket Nos: 006976-2004, 005882-2005 and 00617-2006 presently pending in the Tax Court of New Jersey, so that the assessment be maintained without reduction for 2004, reduced to $429,000.00 for 2005 and $382,300.00 for 2006; 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 – Melfi, Townes, Sasso, McAuliffe, Meneses NO. 97 - 08 OFFERED BY: SASSO SECONDED BY: MCAULIFFE ________________________________________________________________ WHEREAS, Advance Thread Corp. is the owner and taxpayer of certain real property designated as Block 100, Lot 2, known as 344 Lodi Street; and WHEREAS, the taxpayer filed appeals to its 2006 real property tax assessments, which matter is pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessments is $1,580,000.00; 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 this matter 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 “Advance Thread Corp. v. Hackensack City”, Docket No: 002752-2006 presently pending in the Tax Court of New Jersey, so that the assessments be reduced to $1,420,000.00 for 2006; 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 – Melfi, Townes, Sasso, McAuliffe, Meneses NO. 98 - 08 OFFERED BY: SASSO SECONDED BY: MCAULIFFE WHEREAS, the City of Hackensack has received Change Order #2 from D & L Paving Contractors, in the amount of $2,376.13; and WHEREAS, the total amount of the contract will increase from $116,430.51 to $118,806.64; and WHEREAS, the City Engineer, Kenneth 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; and  WHEREAS, the Chief Financial Officer has certified that funds are available form account #C- 04-55-Y14-000-001 of the Capital Fund in the amount of $2,376.13, Purchase Order #157930; NOW, THEREFORE, BE IT RESOLVED, that Change Order #2 in the amount of $2,376.131 for the Road Resurfacing Program for D&L Paving Contractors, PO Box 507, Nutley, New Jersey 07110 be and is hereby approved. Roll Call: Ayes- Melfi, Townes, Sasso, McAuliffe, Meneses NO. 99 - 08 OFFERED BY: SASSO 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: $140.00 Payment collected for Raffle Report of Operations Refund to: Hackensack University Medical Center 30 Prospect Avenue Hackensack, NJ 07601 Att: Paige Cooper Roll Call: Ayes- Melfi, Townes, Sasso, McAuliffe, Meneses NO. 100 - 08 OFFERED BY: SASSO SECONDED BY: MCAULIFFE ________________________________________________________________ WHEREAS, the City’s Insurance Committee annually requests the Otterstedt Agency to request proposals for Risk Insurance; 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 Risk Insurance to Selective Insurance Package through the Otterstedt Agency; and WHEREAS, the Chief Financial Officer has certified that funds are available in account #8-01- 23-220-220-285 of the Current Fund. Purchase Order #159590; 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 Risk Insurance with Selective Insurance Company for the period December 31, 2007 through December 31, 2008 at the contract price of $470,558.00. Roll Call: Ayes - Melfi, Townes, Sasso, McAuliffe, Meneses  NO: 101 – 08 OFFERED BY: SASSO 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 $1,371.00 344 16,C017C CitiMortgage 2008 Duplicate Payment $2,421.00 449 17 Americas Servicing 2008 Duplicate Payment $3,245.00 548 32 Amtrust 2008 Duplicate Payment $2,198.00 40 18 CitiMortgage 2008 Duplicate Payment First American Real $1,083.00 219 25,C005E Estate Tax Service 2006 Duplicate Payment Wells Fargo Real Estate Tax Service $1,618.00 222.01 6 LLC 2006 Duplicate Payment $3,663.57 8.01 13 Chase Home Finance 2006 Duplicate Payment First American Real $1,467.00 70 24 Estate Tax Service 2006 Duplicate Payment $1,709.00 574 19 Rotondo, Maria 2006 Duplicate Payment $1,488.00 441 14,C0008 Griffin, Doris A 2006 Duplicate Payment Campoverde, Nelson B $1,709.00 54 16 & Ondina A 2006 Duplicate Payment Van Gronigen, Oswald $1,209.00 70 33 & Gloria 2006 Duplicate Payment First American Real $12,329.02 407 35 Estate Tax Service 2007 Duplicate Payment $2,230.00 115 28 Bello, Carrie 2006 Duplicate Payment First American Real $1,396.00 454 34 Estate Tax Service 2006 Duplicate Payment Roll Call: Ayes: Melfi, Townes, Sasso, McAuliffe, Meneses CERTIFIED TO BE A TRUE COPY OF THE RESOLUTION PASSED AT THE CITY COUNCIL MEETING OF THE CITY OF HACKENSACK HELD ON MARCH 18, 2008. CITY CLERK  NO. 102 - 08 OFFERED BY: SASSO SECONDED BY: MCAULIFFE WHEREAS, there exists in the City of Hackensack a need for the services of a Special Litigation Attorney 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 pursuant to N.J.S.A.19:44A-20.4, 20.5, et seq.; 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 received and reviewed for the aforementioned professional services which anticipated cost will be over $17,500.00 per year. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that: (l) The Mayor and Council of the City of Hackensack, through the City Manager, are hereby authorized and directed to retain the services of Law Offices of Campbell, Lynch & Ortiz, LLC, 4808 Bergenline Avenue, Union City, New Jersey, as Special Litigation Counsel for the City of Hackensack. (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. Roll Call: Ayes- Melfi, Townes, Sasso, McAuliffe, Meneses  NO. 105 - 08 OFFERED BY: SASSO 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 application on file in the office of the City Clerk: RA: 1866 - PTG of St. Francis of Assisi School Roll Call: Ayes – Melfi, Townes, Sasso, McAuliffe, Meneses NO. 106 - 08 OFFERED BY: SASSO SECONDED BY: MCAULIFFE WHEREAS, the City of Hackensack intends to file an application with the New Jersey Department of Environmental Protection and the New Jersey Environmental Infrastructure for the remediation of the Eval Oil Terminals site. NOW, THEREFORE BE IT RESOLVED, that Stephen LoIacono, City Manager, be authorized to act as the Authorized Representative to represent the City of Hackensack undertaken pursuant to the above referenced New Jersey Environmental Infrastructure Loan to be executed with the New Jersey Department of Environmental Protection and the New Jersey Environmental Infrastructure Trust. The Authorized Representative may be contacted at City of Hackensack, City Hall, 65 Central Avenue, Hackensack, New Jersey 07601, 201-646-3900. Roll Call: Ayes- Melfi, Townes, Sasso, McAuliffe, Meneses