City Council

City Council Resolutions, April 20, 2009 NO. 150-09 OFFERED BY: SASSO SECONDED BY: MENESES ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 10-2009, AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 170-49.2 OF THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY, ENTITLED “PARKING FOR THE HANDICAPPED”. “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 Deputy Mayor Townes that there be a public hearing. PUBLIC HEARING Motion offered by Councilman Meneses and seconded by Deputy Mayor 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 No. 11-2009 entitled : AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 170-49.2 OF THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY, ENTITLED “PARKING FOR THE HANDICAPPED” has passed its second and final reading and is hereby adopted. Roll Call: Ayes: Meneses, Townes, Sasso, Melfi Absent: McAuliffe NO. 151-09 OFFERED BY: SASSO SECONDED BY: TOWNES ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 11-2009, AN ORDINANCE APPROPRIATING $1,000,000 FROM THE CAPITAL IMPROVEMENT FUND FOR THE CONSTRUCTION OF A PUBLIC SAFETY TRAINING FACILITY AND IMPROVEMENTS TO VARIOUS PARKS IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY. “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move? Motion offered by Councilman Meneses and seconded by Councilwoman Sasso that there be a public hearing. PUBLIC HEARING John Labrosse, 18 Brook Street, stated that he has concerns with reference to this facility. He questioned the cost of lead remediation at the site, additional insurance, heat, air conditioning, etc. and stated that he felt that it is a duplication of services. Toni Williams Haverty, Berry Street, stated that as a mother of two children she has concerns about this type of a facility being built in Johnson Park. Mayor Melfi indicated that the plans have not been finalized for the facility. Ms. Haverty stated that it is an unnecessary burden on the taxpayers of Hackensack. Deputy Mayor Townes added that the facility would also serve as a back up communications center in case of an emergency. Councilwoman Sasso stated that with reference to the lead question, the City is mandated by the State to adhere to DEP Council Meeting – 4/20/09 regulations. Pablo Andrade, 479 Simons Avenue, discussed potential flooding and traffic problems in the area and also stated that the City needs a new recreation center and a senior citizens center. Ronda Wilson, Clinton Place, stated that most municipalities are looking into shared services at this time. Regina DePasquale, 377 Parker Avenue, asked whether or not a pistol range facility is being considered and asked where she can see the bond for this project. She also stated that the costs for the renovation of the Anderson Street building are double what was originally quoted. She asked the Council to reconsider the appropriation ordinance and questioned how city officials will get to Johnson Park if it is flooded. Guy Navarro, 208 Anderson Street, stated that Bergen County already has a training facility and asked if it wouldn’t be better to have a non-descript facility somewhere else in the City for emergencies. Kathy Salvo, 184 Hudson Street, stated that she had spoken against this project in the past and that the soil should be tested for lead first. She also stated that the money should be put into the M&M Building. Len Nix, Hackensack, stated that he is totally against this project and that the land was donated to the City for a park. Motion offered by Councilman Meneses 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. 11-2009 entitled : AN ORDINANCE APPROPRIATING $1,000,000 FROM THE CAPITAL IMPROVEMENT FUND FOR THE CONSTRUCTION OF A PUBLIC SAFETY TRAINING FACILITY AND IMPROVEMENTS TO VARIOUS PARKS IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY has passed its second and final reading and is hereby adopted. Roll Call: Ayes: Meneses, Townes, Sasso, Melfi Absent: McAuliffe NO. 152-09 OFFERED BY: SASSO SECONDED BY: MENESES INTRODUCTION OF ORDINANCE NO. 12-2009, AN ORDINANCE AMENDING CITY ORDINANCE NO. 2-2005 “ENUMERATION OF LICENSES, MISCELLANEOUS SERVICES AND FEES” BE IT RESOLVED that the above ordinance, being Ordinance 12-2009 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 May 5, 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, Melfi Absent - McAuliffe Council Meeting – 4/20/09  NO. 153-09 OFFERED BY: MENESES SECONDED BY: TOWNES INTRODUCTION OF ORDINANCE NO. 13-2009, AN ORDINANCE REPEALING CITY ORDINANCE 2-82 CHAPTER 170-56 “SCHEDULE VII: ONE WAY STREETS” TO CHANGE THE DIRECTION OF CAMDEN STREET FROM WEST TO EAST FROM MAIN STREET TO RIVER STREET TO ALLOW FOR TWO WAY TRAFFIC. BE IT RESOLVED that the above ordinance, being Ordinance 13-2009 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 May 5, 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, Melfi Absent - McAuliffe NO. 154 -09 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 $ 3,601,684.97 Payroll 164,935.08 Public Parking System 8,045.73 Capital 30,931.37 Trust Account 19,168.80 Roll Call: Ayes – Meneses, Townes, Sasso, Melfi Absent - McAuliffe “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 including any exceptions and/or additions.” Council Meeting – 4/20/09  NO. 155-09 OFFERED BY: MENESES SECONDED BY: SASSO WHEREAS, the City of Hackensack purchased salt for a snow emergency from an authorized vendor of the Bergen County Cooperative Purchasing Program; and WHEREAS, the purchase of goods and services by local contracting units is authorized by the Local Public Contracts Law N.J.S.A. 40A:11-12; and WHEREAS, Atlantic Salt, 134 Middle Street, Lowell, Maine, 01852 has been awarded the Bergen County Cooperative Purchasing contract; and WHEREAS, the Superintendent of Public Works recommends and the Director of Purchasing concurs that the utilization of this contract on the grounds that Atlantic Salt represents the best price available; and WHEREAS, the actual cost for this purchase of salt is $7,723.07; and WHEREAS, the Chief Financial Officer has certified that funds are available in account 9-01-201-26-290-290-204, purchase order #165153; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that Atlantic Salt be awarded the contract for the purchase of salt. Roll Call: Ayes- Meneses, Townes, Sasso, Melfi Absent - McAuliffe NO. 156-09 OFFERED BY: MENESES SECONDED BY: SASSO 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 did occur when sewer lines collapsed on Maple Street and Main and Linden Street 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 sewer line to full operation; and WHEREAS, the cost of the repair was $7,525.03, which was a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in account #9-01-201-26-311-311-204, purchase order #165782. NOW, THEREFORE, BE IT RESOLVED by the Mayor and 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, 101 East Broadway, Hackensack, New Jersey 07601 be paid therefore. Roll Call: Ayes – Meneses, Townes, Sasso, Melfi Absent – McAuliffe Council Meeting – 4/20/09  NO. 157-09 OFFERED BY: MENESES SECONDED BY: SASSO BE IT RESOLVED by the City Council of the City of Hackensack that Art Koster be and is hereby reappointed Constable for the City of Hackensack, for a three (3) year term; effective January 1, 2009. BE IT FURTHER RESOLVED that his duties/activities are limited to those City related activities as directed by the City Manager. Roll Call: Ayes- Meneses, Townes, Sasso, Melfi Absent - McAuliffe NO. 158-09 OFFERED BY: MENESES 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 $1074.00 237 2,C003G Malone, Elliot 2008 Duplicate Pmt. Roll Call: Ayes- Meneses, Townes, Sasso, Melfi Absent - McAuliffe NO. 159-09 OFFERED BY: MENESES SECONDED BY: SASSO _______________________________________________________________ BE IT RESOLVED by the Mayor and Council that the proper officers be and hereby are authorized to refund the amount of $70.00 to Ms. Kimberly Miller, 18 Marlboro Court, Maywood, NJ, 07607 for an unused registration fee for the Youth Track Program. Roll Call: Ayes- Meneses, Townes, Sasso, Melfi Absent - McAuliffe NO. 160-09 OFFERED BY: MENESES SECONDED BY: SASSO WHEREAS, a Bergen County Community Development Grant of $382,000.00 (CDBG) has been proposed by the City of Hackensack for Roadway Improvements, Various Streets in the City of Hackensack; 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 Council Meeting – 4/20/09  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 the implementation of the aforesaid project may be expedited. Roll Call: Ayes- Meneses, Townes, Sasso, Melfi Absent - McAuliffe NO. 161-09 OFFERED BY: MENESES SECONDED BY: SASSO _______________________________________________________________ WHEREAS, the 2009 Budget for the Main Street Business Alliance was introduced on February 24, 2009; and WHEREAS, the public hearing on said proposed budget was held on April 7, 2009 at 7:00 p.m. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the City of Hackensack that the 2009 Budget of the Main Street Business Alliance in the amount of $360,595.00 be and is hereby adopted. Roll Call: Ayes- Meneses, Townes, Sasso, Melfi Absent - McAuliffe NO. 162-09 OFFERED BY: MENESES SECONDED BY: TOWNES _______________________________________________________________ WHEREAS, the Mandatory Source Separation and Recycling Act, P.L. 1987, C.102, has established a recycling fund from which tonnage grants may be made to municipalities in order to encourage local source separation and recycling programs; and WHEREAS, it is the intent of the Act to use the grants to develop new municipal recycling programs and to expand existing programs; and WHEREAS, the New Jersey Department of Environmental Protection is publicizing recycling regulations to implement the Mandatory Source Separation and Recycling Act; and WHEREAS, the recycling regulations impose on municipalities certain requirements as a condition for applying for tonnage grants, such as the keeping of accurate verifiable records of collected materials; and WHEREAS, Hackensack’s authorization to apply for a tonnage grant will honor its commitment to recycling; and NOW THEREFORE BE IT RESOLVED that the Mayor and Council of the City of Hackensack hereby endorse the submission of the recycling tonnage grant application for the year 2009 to the New Jersey Department of Environmental Protection and designates Arthur Koster as Recycling Coordinator; and Council Meeting – 4/20/09  BE IT FURTHER RESOLVED that the monies received from the recycling tonnage grant be deposited in a trust fund to be used solely for recycling purpos es. Roll Call: Ayes- Meneses, Townes, Sasso, Melfi Absent - McAuliffe **Resolution No. 163-09 was typed on an Excel spreadsheet and is attached at the end of the minutes. NO. 164-09 OFFERED BY: MENESES SECONDED BY: SASSO WHEREAS, New Jersey Public Law 1995 Chapters 304 and 320 provided for participation of local health departments in the New Jersey State Tobacco Age of Sale Program and makes available financial aid to assist such agencies; and WHEREAS, the vast majority of New Jersey local health departments have participated in and maintain 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, local health department participation in the New Jersey Tobacco Age of Sale Enforcement Program has reduced the rate of illegal sales of tobacco products to minors from 84% in 1994 to less than 13% in 2007; and WHEREAS, the Tobacco Age of Sale Enforcement Program funding for local health departments for fiscal year 2009-2010 has been eliminated; and WHEREAS, the elimination of funds for the Tobacco Age of Sale Enforcement Program will lead to an increase in the illegal sale of tobacco products to our youth and smoking is the leading preventable cause of death. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that we hereby request that funding for the New Jersey Tobacco Age of Sale Enforcement Program be restored. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to send a copy of this resolution to Governor Jon S. Corzine, Commissioner of Health Heather Howard and legislative district 37 representatives. NO. 165-09 OFFERED BY: MENESES SECONDED BY: SASSO WHEREAS, the City of Hackensack is the County Seat of Bergen County; and WHEREAS, the existence of the County Seat, including the County Courthouse and related facilities, County Offices and other properties owned and controlled by the County or State of New Jersey, are located within the City of Hackensack as the host community for such facilities; and WHEREAS, the existence of County or State facilities within the City of Hackensack nonetheless necessitate the need for and the existence of local resources and services for such properties; and WHEREAS, the City of Hackensack is also the host community of Hackensack University Medical Center, Fairleigh Dickinson University, and numerous other not-for- profit entities; and Council Meeting – 4/20/09  WHEREAS, the City of Hackensack has over 25% of its properties listed as tax- exempt, resulting in a loss of ratables to the community; and WHEREAS, an era of declining ratables and diminishing economic activity generally speaking has placed a hardship upon municipal governments to provide for and pay for the escalating costs of the services and municipal needs for all residents and businesses; and WHEREAS, though there are voluntary PILOT programs available, there are no mandatory offsetting revenues provided to municipalities by counties, the State, or local not-for-profit entities which operate and occupy tax exempt properties within municipalities; and WHEREAS, municipal governments are faced with increasing financial pressure and reduced state aid in municipalities which serve as host communities for County Seats, and acquisition of properties by County governments, the State, and local not- for-profit entities results in a further loss of ratables impacting local budgets; NOW THEREFORE, BE IT RESOLVED by the City of Hackensack that the State of New Jersey and the County of Bergen be and are hereby requested to consider alternative funding proposals including payments to County Seats as the host communities for County facilities, State facilities, and local not-for-profit entities lying within their borders in order to help defray the loss of revenue from ratables converted to County use, State use, or for use by local not-for-profit entities, and to request that a consistent funding stream to assist local governments to provide such services be authorized so that offsetting mandatory revenue streams to local governing bodies are paid to host communities which have otherwise lost ratables devoted to County, State or other not-for-profit uses; and BE IT FURTHER RESOLVED, that the governing body of the City of Hackensack hereby authorizes City Manager Stephen Lo Iacono, and his designee, to work with the Administrators/Managers of the other County Seats, on a coordinated effort to petition the Counties and the State of New Jersey for economic relief for all 21 County Seats; and BE IT FURTHER RESOLVED, by the governing body of the City of Hackensack that a copy of this Resolution be provided to all County Freeholders in this County and that a copy of the same be provided to Governor Jon S. Corzine, our State legislators, the League of Municipalities and the Administrators/Managers of the fellow County Seats. Roll Call: Ayes- Meneses, Townes, Sasso, Melfi Absent - McAuliffe NO. 166-09 OFFERED BY: MENESES SECONDED BY: SASSO WHEREAS, the Borough of Paramus applied for a FY2009 Multi-Jurisdiction Justice Assistance Grant for the purpose of funding the Recovery and Reinvestment Act of 2009; and WHEREAS, the Borough of Paramus received notice of the grant award, in the amount of $424,818; and WHEREAS, the terms of the grant mandated that Paramus act as judiciary agent Council Meeting – 4/20/09 submitting an application on behalf of Bergen County, Bergenfield, Elmwood Park, Englewood, Fair Lawn, Fairview, Fort Lee, Garfield, Hackensack, Lodi, Palisades Park, Teaneck and Paramus; and WHEREAS, the Department of Justice will not release the awarded funds without an agreement between the jurisdictions regarding division of the awarded grant funds; and WHEREAS, the City of Hackensack’s funding shall be $79,165.00; and WHEREAS, the Borough of Paramus has agreed to provide for all reporting requirements which may be required by the grant; and WHEREAS, the City Attorney has reviewed all related documents to said Grant Award and advised they are acceptable and the City Manager recommends participation in the Grant. NOW, THEREFORE, BE IT RESOLVED that Mayor Michael R. Melfi is hereby authorized to execute an interlocal division of grant funds agreement with the Borough of Paramus, New Jersey. Roll Call: Ayes- Meneses, Townes, Sasso, Melfi Absent - McAuliffe NO. 167-09 OFFERED BY: MENESES SECONDED BY: SASSO WHEREAS, there exists in the City of Hackensack a need for the services of a Professional Planner specializing in COAH compliance 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 Alaimo Group, 200 High Street, Mt. Holly, New Jersey, 08060, to perform Professional Planning services specializing in COAH compliance 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, Melfi Absent - McAuliffe NO. 168-09 OFFERED BY: MENESES SECONDED BY: SASSO WHEREAS, a Bergen County Community Development Grant of $31,500.00 Council Meeting – 4/20/09 (CDBG) has been proposed by the Bergen County Department of Human Services for repairs to the heating system at the Transitional Family Housing apartment located at 40 Passaic Street in the City of Hackensack; 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 confirm 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 the implementation of the aforesaid project may be expedited. Roll Call: Ayes- Meneses, Townes, Sasso, Melfi Absent – McAuliffe NO. 169-09 OFFERED BY: MENESES SECONDED BY: SASSO WHEREAS, a Bergen County Community Development Grant of $135,300 (CDBG) has been proposed by the Bergen County Community Action Partnership for renovation to the Child Development Center of Hackensack located at 291 Second Street in the City of Hackensack; 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 confirm 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 the implementation of the aforesaid project may be expedited. Roll Call: Ayes- Meneses, Townes, Sasso, Melfi Absent – McAuliffe NO. 170-09 OFFERED BY: MENESES SECONDED BY: SASSO WHEREAS, a Bergen County Community Development Grant of $300,000 has been proposed by the Friendship House for expansion of Friendship House Food Services – Creating Jobs – Employment Opportunities, located at 125 Atlantic Street in the City of Hackensack; 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 Council Meeting – 4/20/09  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 confirm 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 the implementation of the aforesaid project may be expedited. Roll Call: Ayes- Meneses, Townes, Sasso, Melfi Absent – McAuliffe Council Meeting – 4/20/09