City Council

City Council Resolutions, March 17, 2009 NO. 103- 09 OFFERED BY: MC AULIFFE SECONDED BY: TOWNES ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 7-2009, AN ORDINANCE AMENDING CITY ORDINANCE NO. 2-2005 “ENUMERATION OF LICENSES, MISCELLANEOUS SERVICES AND FEES” “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move? Motion offered by Councilwoman Sasso and seconded by Councilman McAuliffe that there be a public hearing. PUBLIC HEARING Motion offered by Councilman McAuliffe and seconded by Councilwoman Sasso 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. 7-2009 entitled: AN ORDINANCE AMENDING CITY ORDINANCE NO. 2-2005 “ENUMERATION OF LICENSES, MISCELLANEOUS SERVICES AND FEES” has passed its second and final reading and is hereby adopted. Roll Call: Ayes: Meneses, Townes, Sasso, McAuliffe, Melfi NO. 104-09 OFFERED BY: MC AULIFFE SECONDED BY: MENESES INTRODUCTION OF ORDINANCE NO. 8-2009, AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 108 OF THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY ENTITLED “LIMOUSINE SERVICES” BE IT RESOLVED that the above ordinance, being Ordinance 8-2009 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 7, 2009 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- Meneses, Townes, Sasso, McAuliffe, Melfi NO. 105-09 OFFERED BY: SASSO SECONDED BY: MC AULIFFE ________________________________________________________________ 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 $ 3,947,991.55 Escrow 91,773.20 Grants 12,695.73 Payroll 134,234.23 Self Insurance 39,972.59 Public Parking System 9,058.19 Capital 65,602.65 Trust Account 39,489.00 NO. 106- 09 OFFERED BY: MC AULIFFE SECONDED BY: SASSO _______________________________________________________________ WHEREAS, the Hackensack Rotary District 7490 has established a grants program that is available to non-profit and government organizations located in Hackensack; and WHEREAS, the City of Hackensack has established and maintains a program of recognized public health activities that are aimed at meeting Public Health Practice Standards for New Jersey Local Boards of Health and local public health needs; and WHEREAS, the City of Hackensack Health Department qualifies to apply for the aforementioned funding.  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 Hackensack Rotary Club District 7490 for grant funds. Roll Call: Ayes – Meneses, Townes, Sasso, McAuliffe, Melfi NO. 107 - 09 OFFERED BY: MC AULIFFE SECONDED BY: SASSO _______________________________________________________________ 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: 1896 Woman’s Club EMD RP RA: 1897 St. Francis of Assisi School RA: 1898 Auxiliary of HUMC Roll Call: Ayes – Meneses, Townes, Sasso, McAuliffe, Melfi NO. 108- 09 OFFERED BY: MC AULIFFE SECONDED BY: SASSO _______________________________________________________________ BE IT RESOLVED that the Mayor and Council of the City of Hackensack wishes to enter into a grant agreement with the County of Bergen for the purpose of using $208,065.00 in 2009 Open Space Trust Funds for Second Ward Park in the City of Hackensack; and BE IT FURTHER RESOLVED, that the Mayor and Council hereby authorizes City Manager Stephen Lo Iacono to be a signatory to the aforesaid grant agreement; and BE IT FURTHER RESOLVED, that the Mayor and Council hereby authorizes City Manager Stephen Lo Iacono to sign all County vouchers submitted in connection with the aforesaid project; and  BE IT FURTHER RESOLVED, that the Mayor and Council recognizes that the City of Hackensack is liable for a dollar for dollar match for any funds awarded in accordance with the Trust requirements. Roll Call: Ayes – Meneses, Townes, Sasso, McAuliffe, Melfi NO. 109 - 09 OFFERED BY: MC AULIFFE SECONDED BY: SASSO _______________________________________________________________ WHEREAS, the City of Hackensack, New Jersey, (the “City”) has been party to a litigation in the Superior Court of the State of New Jersey, entitled City of Hackensack v. Mack Trucks, Inc., Heil Environmental Industries, LTD, Vasso Systems, Inc., The Cambria Companies, John Does 1-10 and ABC Company, a fictitious name, bearing Docket No. BER-L-2526-06; and WHEREAS, an opportunity exists to settle such litigation prior to the commencement of the trial; and WHEREAS, pursuant to the terms of the proposed settlement, the defendants in the aggregate will pay to the City of Hackensack the sum of Twenty Thousand ($20,000.00) and Zero cents; and WHEREAS, the proposed settlement is contingent upon the defendants making the aforesaid payment(s); and WHEREAS, the Parties seek to resolve and settle in full any and all disputes and claims between them amicably on these terms in exchange of a General Release substantially in the form attached hereto; NOW, THEREFORE BE IT HEREBY RESOLVED by the City of Hackensack, that the City Attorney is authorized to finalize the terms of this Release and Settlement Agreement and to represent to the Court that this matter is settled; and BE IT FURTHER RESOLVED, that the attorney of record for the City in the law suit is authorized to execute a Release and Settlement Agreement as attorney of records and any and all other documents necessary to dismiss this matter with prejudice; and BE IT FURTHER RESOLVED, that the Mayor is authorized to execute a Release and Settlement Agreement in behalf of the City.  Roll Call: Ayes – Meneses, Townes, Sasso, McAuliffe, Melfi NO. 110 - 09 OFFERED BY: MC AULIFFE SECONDED BY: SASSO _______________________________________________________________ WHEREAS, on April 22, 2008, Judge Louis Dinice ordered a refund in the amount of $77.00 be paid to Monica S. Stith, 114 Gamewell Street, Hackensack, New Jersey, 07601. NOW, THEREFORE BE IT RESOLVED, that the proper officers be and they are hereby ordered to process a refund in the amount of $77.00 payable to Monica S. Stith, 114 Gamewell Street, Hackensack, NJ, 07601. Roll Call: Ayes – Meneses, Townes, Sasso, McAuliffe, Melfi NO. 111 - 09 OFFERED BY: MC AULIFFE SECONDED BY: SASSO _______________________________________________________________ WHEREAS, permission is required by the Division of Local Government Services for approval as a dedication by rider of revenues by a municipality when the revenue is not subject to reasonable accurate estimates in advance; and WHEREAS, N.J.S.A. 50A:50-29 allows municipalities to receive amounts for costs incurred for Donations; and WHEREAS, N.J.S.A. 40A:4-39 provides that the Director of the Division of Local Government Services may approve expenditures of monies by dedication by rider; NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hackensack, County of Bergen, State of New Jersey, as follows: 1. The Mayor and Council hereby request permission of the Director of Local Government Services to pay expenditures for Donations as per N.J.S.A. 40A: 4-39.  2. The Municipal Clerk of the City of Hackensack hereby is directed to forward two certified copies of this resolution to the Director of the Division of Local Government Services. Roll Call: Ayes – Meneses, Townes, Sasso, McAuliffe, Melfi NO. 112- 09 OFFERED BY: MC AULIFFE SECONDED BY: SASSO _______________________________________________________________ WHEREAS, the City of Hackensack is desirous of obtaining a Fireworks display for the City of Hackensack festivities on July 4, 2009; and WHEREAS, it is the desire of the Mayor and Council to engage the services of Pyro Engineering 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 2009 Budget, account 9-01-201-30-420-420-29W, purchase order #165166 in the amount not to exceed $7,000; and 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 Pyro Engineering for the performance of the aforedescribed extraordinary, unspecifiable services. 2) This contract is awarded without competitive bidding as an extra- ordinary, 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 – Meneses, Townes, Sasso, McAuliffe, Melfi NO. 113 - 09 OFFERED BY: MC AULIFFE SECONDED BY: SASSO _______________________________________________________________ WHEREAS, the City of Hackensack has been notified that United Water of New Jersey is desirous of extending its distribution system in the municipality; and WHEREAS, United Water wishes to install 205 feet of 8 inch Ductile Iron pipe to serve 309 Vincent Street, Hackensack, New Jersey; and WHEREAS, Pepe Plumbing & Heating Co. has presented to United Water of New Jersey an application for an extension to its distribution system as specified above; and WHEREAS, this is in the best interests of the residents of the City of Hackensack; and WHEREAS, this above described extension cannot be performed without consent of the governing body of the City of Hackensack; NOW, THEREFORE, BE IT RESOLVED, that the City of Hackensack is authorizing Pepe Plumbing & Heating Co. and United Water of New Jersey to perform the extension of the water distribution system by placing 205 feet of 8 inch Ductile Iron pipe in Vincent Place, Hackensack, New Jersey. 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 – Meneses, Townes, Sasso, McAuliffe, Melfi  NO. 114 - 09 OFFERED BY: MC AULIFFE SECONDED BY: SASSO _______________________________________________________________ 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 224.00 457 28 Grosu, Vasile & Mihaela 2004 STB 2319.71 519 24 Danese, Mark A & Judith N 2009 Dup. Pymt 1735.00 141 46 Dominguez, Carlos & Norma 2008 “ “ Roll Call: Ayes- Meneses, Townes, Sasso, McAuliffe, Melfi NO. 115 - 09 OFFERED BY: MC AULIFFE SECONDED BY: SASSO _______________________________________________________________ WHEREAS, Maureen de la Bruyere, Clerk Typist, has requested an extension of her Leave of Absence without pay for four (4) additional weeks from March 29, 2009 to April 26, 2009 for personal medical reasons, under the Family Leave Act; and WHEREAS, City Manager Stephen Lo Iacono has determined that this employee be granted a four (4) week Leave of Absence extension, from March 29, 2009 to April 26, 2009; and NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hackensack, that Maureen L. de la Bruyere, Clerk Typist, be granted a four (4) week Leave of Absence, 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- Meneses, Townes, Sasso, McAuliffe, Melfi  NO. 116 - 09 OFFERED BY: MC AULIFFE SECONDED BY: SASSO _______________________________________________________________ WHEREAS, there exists in the City of Hackensack a need to perform the services of an auctioneer 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 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 Caspert Auctioneers & Appraisers 333 Sylvan Ave Ste 205 Englewood Cliffs, NJ 07632, to perform the services of an auctioneer 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- Meneses, Townes, Sasso, McAuliffe, Melfi NO. 117-09 OFFERED BY: MC AULIFFE SECONDED BY: SASSO ________________________________________________________________ WHEREAS, a Bergen County Community Development grant of $300,000 has been proposed by the Housing Authority of Bergen County for Tenant Based Rental Assistance in the City of Hackensack, NJ; 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, 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: Meneses, Townes, Sasso, McAuliffe, Melfi NO. 118-09 OFFERED BY: MC AULIFFE SECONDED BY: SASSO ________________________________________________________________ WHEREAS, a Bergen County Community Development grant of $500,000 has been proposed by the Housing Authority of Bergen County for Tenant Based Rental Assistance in the City of Hackensack, NJ; 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, 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: Meneses, Townes, Sasso, McAuliffe, Melfi  NO. 119-09 OFFERED BY: MC AULIFFE SECONDED BY: SASSO ________________________________________________________________ WHEREAS, a Bergen County Community Development grant of $350,000 has been proposed by the Martin Luther King Jr. Senior Center, Inc. for its Senior Activity Center and Affordable Rental Housing in the City of Hackensack, NJ; 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, 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: Meneses, Townes, Sasso, McAuliffe, Melfi NO. 120-09 OFFERED BY: MC AULIFFE SECONDED BY: SASSO ________________________________________________________________ WHEREAS, a Bergen County Community Development grant of $81,269 has been proposed by the Martin Luther King Jr. Senior Center, Inc. for its Senior Activity Center and Affordable Rental Housing in the City of Hackensack, NJ; 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, 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: Meneses, Townes, Sasso, McAuliffe, Melfi