City Council

NO. 419-09 OFFERED BY: MELFI SECONDED BY: SASSO ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 39-2009, AN ORDINANCE TO AMEND CHAPTER 170-70 TO DECREASE THE PARKING METER FEE ON BERGEN STREET FROM $.25 PER HALF HOUR TO $.25 PER HOUR “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move? Motion offered by Deputy Mayor Sasso and seconded by Councilman Meneses that there be a public hearing. PUBLIC HEARING- Len Nix, questioned if this is where the proposed apartments are to be built and asked if parking will be eliminated. Motion offered by Councilman Melfi and seconded by Councilman Labrosse 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. 39-2009 entitled : AN ORDINANCE TO AMEND CHAPTER 170-70 TO DECREASE THE PARKING METER FEE ON BERGEN STREET FROM $.25 PER HALF HOUR TO $.25 PER HOUR has passed its second and final reading and is hereby adopted. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 420-09 OFFERED BY: MELFI SECONDED BY: MENESES ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 40-2009, AN ORDINANCE AUTHORIZING THE LEASE BETWEEN THE CITY OF HACKENSACK AND HACKENSACK UNIVERSITY MEDICAL CENTER FOR THE LEASING OF AIR RIGHTS “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move? Motion offered by Councilman Melfi and seconded by Deputy Mayor Sasso that there be a public hearing. PUBLIC HEARING – Len Nix – stated that he is against any money coming from the non-profit hospital. He asked the question: “Isn’t that a lot of money?” and questioned how much a square foot that it. He stated that he is here for justice and also that he upped his stool softeners to six instead of four. He said that he will speak to Mr. Garrett and that the ordinance should be tabled. He again asked how much a square foot of real estate is being rented for and said that his biggest gripe is people not knowing what they are doing. Motion offered by Councilman Melfi and seconded by Deputy Mayor 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. 40-2009 entitled : AN Council Meeting – 12/08/09 ORDINANCE AUTHORIZING THE LEASE BETWEEN THE CITY OF HACKENSACK AND HACKENSACK UNIVERSITY MEDICAL CENTER FOR THE LEASING OF AIR RIGHTS has passed its second and final reading and is hereby adopted. Roll Call - Ayes: Sasso, Meneses, Melfi, Townes Abstain: Labrosse NO. 421-09 OFFERED BY: SASSO SECONDED BY: MELFI ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 41-2009, A BOND ORDINANCE PROVIDING A SUPPLEMENTAL APPROPRIATION OF $2,000,000 FOR REPAIRS TO THE CITY’S COMBINED STORM AND SANITARY SEWER SYSTEM AT VARIOUS LOCATIONS IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, AND AUTHORIZING THE ISSUANCE OF $1,900,000 IN BONDS OR NOTES OF THE CITY FOR FINANCING PART OF THE APPROPRIATION. “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move? Motion offered by Deputy Mayor Sasso and seconded by Councilman Melfi that there be a public hearing. PUBLIC HEARING – Len Nix questioned who this ordinance affects and Mr. Zisa stated that it affects the public defender, no matter who the public defender should be. Motion offered by Councilman Meneses and seconded by Councilman 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. 41-2009 entitled : A BOND ORDINANCE PROVIDING A SUPPLEMENTAL APPROPRIATION OF $2,000,000 FOR REPAIRS TO THE CITY’S COMBINED STORM AND SANITARY SEWER SYSTEM AT VARIOUS LOCATIONS IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, AND AUTHORIZING THE ISSUANCE OF $1,900,000 IN BONDS OR NOTES OF THE CITY FOR FINANCING PART OF THE APPROPRIATION has passed its second and final reading and is hereby adopted. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 422-09 OFFERED BY: MELFI SECONDED BY: SASSO ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 42-2009, AN ORDINANCE AMENDING CITY ORDINANCE NO. 13-95 “PUBLIC DEFENDER” TO AMEND APPLICATION FEE, SECTION 14-17(C) OF THE CODE OF THE CITY OF HACKENSACK “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 Deputy Mayor Sasso that there be a public hearing. PUBLIC HEARING Council Meeting – 12/08/09  Motion offered by Councilman Melfi and seconded by Councilman Labrosse 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. 42-2009 entitled : AN ORDINANCE AMENDING CITY ORDINANCE NO. 13-95 “PUBLIC DEFENDER” TO AMEND APPLICATION FEE, SECTION 14-17(C) OF THE CODE OF THE CITY OF HACKENSACK has passed its second and final reading and is hereby adopted. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 423-09 OFFERED BY: SASSO SECONDED BY: LABROSSE ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 43-2009, AN ORDINANCE AMENDING CITY ORDINANCE NO. 2-82, CHAPTER 170.49.2 “PARKING FOR THE HANDICAPPED” TO CREATE A HANDICAPPED PARKING SPACE IN FRONT OF 475 COLONIAL TERRACE “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move? Motion offered by Councilman Melfi and seconded by Deputy Mayor Sasso that there be a public hearing. PUBLIC HEARING Motion offered by Deputy Mayor Sasso and seconded by Councilman 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. 43-2009 entitled : AN ORDINANCE AMENDING CITY ORDINANCE NO. 2-82, CHAPTER 170-49.2 “PARKING FOR THE HANDICAPPED” TO CREATE A HANDICAPPED PARKING SPACE IN FRONT OF 475 COLONIAL TERRACE has passed its second and final reading and is hereby adopted. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 424-09 OFFERED BY: SASSO SECONDED BY: LABROSSE ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 44-2009, AN ORDINANCE AMENDING CITY ORDINANCE NO. 2-82, CHAPTER 170.49.2 “PARKING FOR THE HANDICAPPED” TO CREATE A HANDICAPPED PARKING SPACE IN FRONT OF 230 POLIFLY ROAD/ELLEEN TERRACE “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 Deputy Mayor Sasso Council Meeting – 12/08/09 that there be a public hearing. PUBLIC HEARING – Blanche Stuart, 252 Third Street, asked for clarification of this address. Len Nix stated that he has never seen so many handicapped spaces approved and that it seems more political than anything else. Motion offered Councilman Melfi and seconded by Deputy Mayor 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. 44-2009 entitled : AN ORDINANCE AMENDING CITY ORDINANCE NO. 2-82, CHAPTER 170-49.2 “PARKING FOR THE HANDICAPPED” TO CREATE A HANDICAPPED PARKING SPACE IN FRONT OF 230 POLIFLY ROAD has passed its second and final reading and is hereby adopted. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 425-09 OFFERED BY: SASSO SECONDED BY: MELFI ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 45-2009, AN ORDINANCE AMENDING CITY ORDINANCE NO. 2-82, CHAPTER 170.49.2 “PARKING FOR THE HANDICAPPED” TO CREATE A HANDICAPPED PARKING SPACE IN FRONT OF 12 FREDERICK STREET “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move? Motion offered by Councilman Melfi and seconded by Councilman Meneses that there be a public hearing. PUBLIC HEARING Motion offered by Councilman Meneses and seconded by Deputy Mayor 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. 45-2009 entitled : AN ORDINANCE AMENDING CITY ORDINANCE NO. 2-82, CHAPTER 170-49.2 “PARKING FOR THE HANDICAPPED” TO CREATE A HANDICAPPED PARKING SPACE IN FRONT OF 12 FREDERICK STREET has passed its second and final reading and is hereby adopted. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 426-09 OFFERED BY: MELFI SECONDED BY: SASSO ________________________________________________________________ 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 Fund $ 15,443,772.55 Council Meeting – 12/08/09  Grants 2,060.00 Payroll 273,185.24 Public Parking 28,015.55 Capital 369,876.73 Trust Account 16,600.00 Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes “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.” NO. 427-09 OFFERED BY: MELFI SECONDED BY: SASSO _______________________________________________________________ WHEREAS, the City of Hackensack frequently receives requests from various business entities (hereinafter known as “Applicant”) engaged in fiber optic and other cable communications industries seeking the City’s approval for the use of rights-of- way on municipal streets, and other municipally owned property; and WHEREAS, such requests appear to be part of the information super-highway network forecast for our country; and WHEREAS, requests of the kind described involve substantial review by the City Engineer and the City Attorney before approvals can be granted, and often involve the excavation of streets, the provision of additional police services during installation with the concomitant disruption of traffic and public inconvenience, and they also involve additional time and expense for inspection and expense arising out of potential liability; and WHEREAS, the needs of the City and the public to minimize interruptions in street and sidewalk traffic and public and private business, to avoid congestion, environmental degradation, undue cost, inconvenience, reduction in property values, private interests and the like, installations and operations, maintenance of current utilities and general planning for development by the City, shall be respected by all such entities (hereinafter known as “Applicant”), making application to the City, and Applicant will notify the City of the proposed location of its cable prior to installation; and WHEREAS, the City desires to be supportive of the emerging innovative technology that fiber optic and other cable offers to its users, but not at the expense of burdening City taxpayers; and WHEREAS, the imposition of a reasonable annual fee for approvals, licenses, permits or sub easements, which are approved and granted, will balance the needs of the businesses, the City and its taxpayers, and will promote the public safety and welfare, and WHEREAS, a fiber optic company known as FIBER TECHNOLOGIES NETWORKS, L.L.C. is requesting permission to run fiber optic cable in the City of Hackensack and WHEREAS, the said company has met with officials of the City of Hackensack, and Council Meeting – 12/08/09  WHEREAS, the said company has agreed to comply with all the terms and conditions of the city ordinance which addresses these fiber optic companies. NOW, THEREFORE, BE IT RESOLVED, the City Manager of Hackensack is authorized to enter into a contractual agreement with FIBERTECH NETWORKS, INC. for the installation of fiber optic cables and other similar services in the City of Hackensack. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 428-09 OFFERED BY: MELFI SECONDED BY: SASSO _______________________________________________________________ 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: 1916 HELP For Our Children 1917 Hackensack University Medical Center Roll Call- Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 429-09 OFFERED BY: MELFI SECONDED BY: SASSO _______________________________________________________________ WHEREAS, on November 10, 2009, Resolution No. 412-09 was passed by the City Council of the City of Hackensack authorizing the sale of property located at 163 Liberty Street, Hackensack, New Jersey; and WHEREAS, within the body of this resolution, an error was made wherein the property to be sold was referred to as 78 Central Avenue, Hackensack, New Jersey. NOW, THEREFORE, BE IT RESOLVED that Resolution No. 412-09 is hereby amended to reflect the correct address of 163 Liberty Street, Hackensack, New Jersey. Roll Call- Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 430-09 OFFERED BY: MELFI SECONDED BY: SASSO _______________________________________________________________ WHEREAS, there exists in the City of Hackensack a need for the services of a licensed New Jersey Attorney for the purpose of special counsel for handling litigation in the Federal District Court, and WHEREAS, such professional services will be rendered or performed by a Council Meeting – 12/08/09 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 proposals were 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 City Clerk be and they are hereby authorized and directed to execute a contract with Donald Caminiti, Esq., 41 Main Street, Hackensack, New Jersey 07601 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: Labrosse, Sasso, Meneses, Melfi, Townes NO. 431-09 OFFERED BY: MELFI SECONDED BY: SASSO _______________________________________________________________ WHEREAS, there exists in the City of Hackensack a need for the services of a licensed New Jersey Attorney who is qualified to serve as a Judge for the Hackensack Municipal Court, 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 received and reviewed for the aforementioned professional services for the Year 2009-2010 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 City Council through the City Manager are hereby authorized and directed to execute a one year contract with Louis J. Dinice of 125 Prospect Avenue, Hackensack, New Jersey 07601 to perform the position as Judge for the Hackensack Municipal Court for a period of three years commencing January 1, 2010. (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: Labrosse, Sasso, Meneses, Melfi, Townes Council Meeting – 12/08/09  NO. 432-09 OFFERED BY: MELFI 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 $ 1,631.00 325 17 Benitez, Jose A. & Rodriguez, J. 2009 Dup. Pymt. 722.09 584 17 Greene, Malcolm A & Michelle 2009 CTB 4,155.66 83 14 Petey 444, LLC 2009 Dup. Pymt. 826.20 74 7 Parisi, Angelo R. & Ausilia 2009 CTB 241.14 330 13 Hale, Rodney Theious & Leola 2009 Homestead Reb. 250.00 241 20 Eiffel Tower Co-op 2009 Vet. Allow. 250.00 506 16,C004G Moreno, Dixie 2009 Sr. Citizen 250.00 540 16A,C0002 Dispigna, Lillian 2009 Sr. Citizen 250.00 429 5 Toon, Jerry & Juanita 2009 Sr. Citizen 250.00 429 5 “ “ “ “ “ 2009 Vet. Allow. 3,125.37 315 25 Horowitz, M&L & Jacoby, L. Trustees 2009 CTB 850.56 549 2 Hendricks, Brian & Angela T. 2009 CTB 2,263.00 585 1.01 Rivera, Marcia & Edgardo 2009 Dup. Pymt. 98.35 343 10,C006G Richard J. Brady Trust Account 2009 Dup. Pymt. 125.00 218 27,C0402 Navarro, Alex 2009 Vet. Allow. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 433-09 OFFERED BY: MELFI SECONDED BY: SASSO 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 did occur when a stormwater outfall occurred on North Summit Avenue 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 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 $21,500.00 which was a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in account #C-04-55-ZA0-003-001, purchase order #168542; 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, Montana Construction, Inc., 80 Contant Avenue, Lodi, New Jersey 07644 be paid therefore. Roll Call – Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 434-09 OFFERED BY: MELFI SECONDED BY: SASSO Council Meeting – 12/08/09  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 did occur when the Anderson Street net chambers needed a 12” pump and vac-all truck to pump down and clean mud debris and was rendered inoperable; and WHEREAS, the Superintendent 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 $30,000.00 which was a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in account #C-04-55-ZA0-003-001 of the Capital Fund, Purchase order #168803; 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, 100 East Broadway, Hackensack, New Jersey 07601 be paid therefore. Roll Call – Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 435-09 OFFERED BY: MELFI SECONDED BY: SASSO _______________________________________________________________ WHEREAS, CDW Government, Inc., 230 North Milwaukee Avenue, Vernon Hills, IL, 60061 was awarded New Jersey Contract #A67176 under the State of New Jersey Cooperative Purchasing Program; and WHEREAS, the City of Hackensack wishes to purchase seven Panasonic Toughbook computers for the Police Department pursuant to the Local Public Contracts Laws (N.J.S.A. 40A:11-12); and WHEREAS, the cost to purchase the Panasonic Toughbook computers will be $37,638.51; and WHEREAS, the Police Chief recommends and the Director of Purchasing concurs that the utilization of this contract represents the best price available; and NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack authorizes the purchase of seven Panasonic Toughbook computers for the Police Department from CDW Government, Inc.; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available from account #G-02-09-912-000-000 of the Current Fund, Purchase Order #168864. Roll Call- Ayes: Labrosse, Sasso, Meneses, Melfi, Townes Council Meeting – 12/08/09  NO. 436-09 OFFERED BY: MELFI SECONDED BY: SASSO _______________________________________________________________ WHEREAS, Warnock Fleet, 175 Route 10, East Hanover, New Jersey, 07936 has been awarded New Jersey Contract #A73847 under the State of New Jersey Cooperative Purchasing Program; and WHEREAS, the City of Hackensack wishes to purchase a Jeep Grand Cherokee Laredo for the Police Department pursuant to the Local Public Contracts Laws (N.J.S.A. 40A:11-12); and WHEREAS, the cost to purchase the 2010 Jeep Grand Cherokee Laredo will be $19,359.00; and WHEREAS, the Police Chief recommends and the Director of Purchasing concurs that the utilization of this contract represents the best price available; and NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack authorizes the purchase of one new 2010 Jeep Grand Cherokee Laredo for the Police Department from Warnock Fleet; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available from account #G-02-09-912-000-000 of the Current Fund, Purchase Order #168843. Roll Call- Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 437-09 OFFERED BY: MELFI SECONDED BY: SASSO _______________________________________________________________ WHEREAS, Lawmen Supply Company of New Jersey, Inc., 5521 White Horse Pike, Egg Harbor City, New Jersey, 08215 has been awarded New Jersey Contract #A73992 under the State of New Jersey Cooperative Purchasing Program; and WHEREAS, the City of Hackensack wishes to purchase four Tactical Carbines Flattop, Safe-Semi Fire Control for the Police Department pursuant to the Local Public Contracts Laws (N.J.S.A. 40A:11-12); and WHEREAS, the cost to purchase the Tactical Carbines Safe-Semi’s will be $4,059.12; and WHEREAS, the Police Chief recommends and the Director of Purchasing concurs that the utilization of this contract represents the best price available; and NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack authorizes this purchase for the Police Department from Lawmen Supply Company of New Jersey; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available from account #G-02-09-913-000-000 of the Current Fund, Purchase Order #168865. Roll Call- Ayes: Labrosse, Sasso, Meneses, Melfi, Townes Council Meeting – 12/08/09  NO. 438-09 OFFERED BY: MELFI SECONDED BY: SASSO _______________________________________________________________ WHEREAS, Lawmen Supply Company of New Jersey, Inc., 5521 White Horse Pike, Egg Harbor City, New Jersey, 08215 has been awarded New Jersey Contract #A73992 under the State of New Jersey Cooperative Purchasing Program; and WHEREAS, the City of Hackensack wishes to purchase eight Glock Training Pistols for the Police Department pursuant to the Local Public Contracts Laws (N.J.S.A. 40A:11-12); and WHEREAS, the cost to purchase the eight Glock Training Pistols will be $3,618.24; and WHEREAS, the Police Chief recommends and the Director of Purchasing concurs that the utilization of this contract represents the best price available; and NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack authorizes this purchase for the Police Department from Lawmen Supply Company of New Jersey; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available from account #G-02-09-913-000-000 of the Current Fund, Purchase Order #168867. Roll Call- Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 439-09 OFFERED BY: MELFI SECONDED BY: SASSO _______________________________________________________________ WHEREAS, Lawmen Supply Company of New Jersey, Inc., 5521 White Horse Pike, Egg Harbor City, New Jersey, 08215 has been awarded New Jersey Contract #A73992 under the State of New Jersey Cooperative Purchasing Program; and WHEREAS, the City of Hackensack wishes to purchase various Simmunitions supplies for the Police Department pursuant to the Local Public Contracts Laws (N.J.S.A. 40A:11-12); and WHEREAS, the Police Chief recommends and the Director of Purchasing concurs that the utilization of this contract represents the best price available; and NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack authorizes this purchase for the Police Department from Lawmen Supply Company of New Jersey; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available from account #G-02-09-913-000-000 of the Current Fund, Purchase Order #168872. Roll Call- Ayes: Labrosse, Sasso, Meneses, Melfi, Townes Council Meeting – 12/08/09  NO. 440-09 OFFERED BY: MELFI SECONDED BY: SASSO _______________________________________________________________ BE IT RESOLVED, by the Mayor and Council of the City of Hackensack that the following appointments to various boards be made; Condo/Co-Op Board Alexis Palinkas, Daniel McNerney, Gilda Mintz, Nancy Price, Murray Runin, Robert Mortorano, Charlene Taylor, Tom Casey, Leslie Teague, Detra DeNully, Robert Schandler, Michael D’Arminio and Norman Levin be appointed with terms to expire 12/31/2010. Construction Board of Appeals Robert Wickersheim Jr. and Kenneth Koob be appointed with terms to expire 12/31/2013. Environmental Commission Hugh Carolla be appointed with a term to expire 12/31/2012. HAPADA Father Brian Laffler, Captain Tomas Padilla, Marcella Davis and Andrea Gionta be appointed with terms to expire 12/31/2012. Library Board Anthony Marseglia and Kristi Izzo be appointed with terms to expire 12/31/2014. Local Assistance Board Gabriela N. Araujo be appointed with a term to expire 12/31/2013. Planning Board John Chiusolo be appointed with a term to expire 12/31/2013. Stephen Pace be appointed as an alternate with a term to expire 12/31/2011. Rent Stabilization Board Lucilo Santos and Rose Petretti be appointed with terms to expire 12/31/2012. Shade Tree Advisory Committee Jennifer Warhol and Thomas Halter be appointed with terms to expire 12/31/2012. Zoning Board of Adjustment John Carroll, and Howard Hurwitz be appointed with terms to expire 12/31/2013. Dan Gilmore be appointed as an alternate with a term to expire 12/31/2011. Roll Call- Ayes: Labrosse, Sasso, Meneses, Melfi, Townes Council Meeting – 12/08/09  NO. 441-09 OFFERED BY: MELFI SECONDED BY: SASSO _______________________________________________________________ WHEREAS, various Year 2009 bills have been presented for payment this year, which bills were not covered by Year 2009 Budget Appropriations; and WHEREAS, N.J.S. 40A: 4-58 provides that amounts in excess of appropriations over and above the amounts deemed to be necessary to fulfill the purpose of such appropriations may be transferred to appropriations deemed to be insufficient during the last two months of the year; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the transfers in the amount of $1,283,800.00 be made between the Year 2009 Budget Appropriations as follows: Account Title To From (Inside the CAP) Admin & Exec S/W $35,000.00 Human Resources S/W 291,641.00 Municipal Clerk S/W 10,500.00 Municipal Clerk O/E 2,000.00 Financial Admin S/W 50,000.00 Financial Admin O/E 50,000.00 Tax Collector S/W 7,000.00 Tax Collector O/E 3,000.00 Tax Assessor S/W 4,500.00 Tax Assessor O/E 100,000.00 Rent Bd Stabl. S/W 1,000.00 Rent Bd Stabl O/E 1,000.00 Inspection of Prop S/W 80,000.00 Inspection of Prop O/E 5,000.00 Community Dev S/W 45,000.00 Community Dev O/E 25,000.00 School Guards S/W 75,000.00 Comm Ops S/W 77,000.00 Emergency Mgmt S/W 11,000.00 Emergency Mgmt O/E 5,000.00 Volunteer Amb O/E 10,000.00 Fire S/W 434,159.00 Fire Official S/W 180,000.00 Fire Alarm S/W 14,800.00 Emer Med Svcs O/E 20,000.00 Pub Bldg & Grds S/W 65,000.00 Streets & Roads S/W 75,000.00 DPW Admin S/W 50,000.00 City Garage S/W 20,000.00 Street Cleaning S/W 80,000.00 Garbage & Trash S/W 260,000.00 Recycling S/W 185,000.00 Recycling O/E 6,000.00 Sewer O/E 2,000.00 Shade Tree S/W 5,000.00 Parks & Playgrounds S/W 30,000.00 Celeb of Pub Events S/W 16,000.00 Celeb of Pub Events O/E 16,000.00 Salary Adjustments S/W 140,000.00 Utilities – Water O/E 10,000.00 Council Meeting – 12/08/09 Utilities – Gas O/E 20,000.00 Utilities – Vehicle Gas O/E 30,000.00 Account Title To From (Outside the CAP) Building Inspect S/W 10,000.00 Building Inspect O/E 10,000.00 ______________ _____________ Total $ 1,283,800.00 $ 1,283,800.00 ============ ============ Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 442-09 OFFERED BY: MELFI SECONDED BY: SASSO _______________________________________________________________ WHEREAS, the City of Hackensack desires to enter into an agreement with the Township of South Hackensack for the storage of road salt; and WHEREAS, the Mayor and Council believe that this is in the best interest of the residents of the City of Hackensack. NOW, THEREFORE, BE IT RESOLVED that the City Manager of the City of Hackensack be and is hereby authorized to execute said agreement. Roll Call- Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 443-09 OFFERED BY: MELFI SECONDED BY: SASSO ________________________________________________________________ WHEREAS, Rose, Vincent J. and Wm. Jr. Giarratana are the owners and taxpayers of certain real property designated as Block 75.01, Lot 6, known as 94 Kansas Street; and WHEREAS, the taxpayer filed appeals to their 2007 and 2008 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment is $662,900; 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 these matters 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, including requests for application of the Freeze Act (N.J.S.A. 54:51A-8), which may be necessary to effectuate the settlement of litigation entitled “Rose, Vincent J. & Wm., Jr. Giarratana vs. City of Hackensack”, Docket Nos. 010281- Council Meeting – 12/08/09 2007 and 010076-2008 presently pending in the Tax Court of New Jersey, so that the assessment for 2007 be maintained at $662,900 and reduced to $600,000 for 2008; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a waiver of any interest payable to the taxpayer on the refund pursuant to N.J.S.A. 54:3-27.2. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 444-09 OFFERED BY: MELFI SECONDED BY: SASSO ________________________________________________________________ WHEREAS, Riverside 062 Partners, LP was the owner and taxpayer for 2002 and Riverside Square Limited Partnership was the owner and taxpayer for 2003 and 2004 of certain real property designated as Block 504.A, Lot 12.A, known as 380 Hackensack Avenue; and WHEREAS, the taxpayers filed appeals to their 2002, 2003 and 2004 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessments is $59,750,000; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney, Appraiser and Tax Assessor that these matters 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, including requests for application of the Freeze Act (N.J.S.A. 54:51A-8), which may be necessary to effectuate the settlement of litigation entitled “Riverside 062 Partners, LP v. Hackensack”, Docket No. 001597-2002 and “Riverside Square Limited Partnership v. City of Hackensack”, Docket Nos. 002153-2003 and 002161-2004 presently pending in the Tax Court of New Jersey, so that the assessment be maintained at $59,750,000 for 2002 and 2003 and reduced to $55,284,300 for 2004; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a waiver of any interest payable to the taxpayer on the refund pursuant to N.J.S.A. 54:3-27.2 subject to the agreement between the parties that the 60 day period shall be extended to a date not to exceed 180 days. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 445-09 OFFERED BY: MELFI SECONDED BY: SASSO ________________________________________________________________ WHEREAS, ZW Szerlip is the owner and taxpayer of certain real property designated as Block 227, Lot 11, known as 32 First Street; and WHEREAS, the taxpayer filed an appeal to his 2007 and 2008 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and Council Meeting – 12/08/09  WHEREAS, the yearly assessments is $1,603,300; 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 these matters 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, including requests for application of the Freeze Act (N.J.S.A. 54:51A-8), which may be necessary to effectuate the settlement of litigation entitled “ZW Szerlip c/o Ridgewood Plumbing v. the City of Hackensack”, Docket No. 004932- 2007 and 007271-2008 presently pending in the Tax Court of New Jersey, so that the assessments be reduced to $1,450,000 for 2007 and $1,300,000 for 2008; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a waiver of any interest payable to the taxpayer on the refund pursuant to N.J.S.A. 54:3-27.2. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 446-09 OFFERED BY: MELFI SECONDED BY: SASSO ________________________________________________________________ WHEREAS, Berkshire Gardens Associates, LP is the owner and taxpayer of certain real property designated as Block 246, Lot 2, and known as 5-65 Arcadia Court and 450 Essex Street; and WHEREAS, the taxpayer filed appeals to its 2007, 2008 and 2009 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment is $7,037,600; 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 these matters 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, including requests for application of the Freeze Act (N.J.S.A. 54:51A8), which may be necessary to effectuate the settlement of litigation entitled “Berkshire Gardens Associates, LP v. City of Hackensack”, Docket Nos. 005436-2007, 001334-2008 and 08984-2009 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $5,400,000; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a waiver of any interest payable to the taxpayer on the refund pursuant to N.J.S.A. 54:3-27.2. Council Meeting – 12/08/09  Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 447-09 OFFERED BY: MELFI SECONDED BY: SASSO ________________________________________________________________ WHEREAS, Brown Stone Arms, LLC is the owner and taxpayer of certain real property designated as Block 100.01, Lot 2.04, and known as 120 Polifly Road; and WHEREAS, the taxpayer filed appeals to its 2007 and 2008 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment is $5,422,300; 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 these matters 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 “Brown Stone Arms, LLC v. City of Hackensack”, Docket Nos. 002358- 2007 and 001018-2008 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $4,680,000 for 2007 and $4,300,000 for 2008; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a waiver of any interest payable to the taxpayer on the refund pursuant to N.J.S.A. 54:3-27.2. Roll Call - Ayes: Labrosse, Sasso, Meneses, Melfi, Townes NO. 448-09 OFFERED BY: MELFI SECONDED BY: SASSO 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 an agreement with the Borough of Saddle River for the joint provision of a licensed Health Officer for a period of one (1) year commencing January 1, 2010, and terminating December 31, 2010, pursuant to the provisions of the “Inter-local Services Act” (N.J.S.A. 40:8A-1, et seq.) and; BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to retain a copy of said agreement on file and available for public inspection upon execution of the same. Roll Call – Ayes: Labrosse, Sasso, Meneses, Melfi, Townes Council Meeting – 12/08/09 Council Meeting – 12/08/09