City Council

March 3, 2010 NO. 53-10 OFFERED BY: MENESES SECONDED BY: MELFI ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 3-2010, AN ORDINANCE REPEALING CHAPTER 107.30.1, SECTION “A” “GOVERNMENTAL RECORDS” 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 Councilman Labrosse that there be a public hearing. PUBLIC HEARING – Bill Brennan, Wayne, NJ, asked what portion is being repealed. Mr. Zisa stated that the entire OPRA ordinance is being repealed and that in the future the state statute will be followed. Mr. Brennan questioned what the standards that were in place were. He also asked the Council to carry this resolution to the next meeting. Mr. Gelber of Clinton Place stated that it doesn’t matter what they do with an ordinance in this town because they are going to do what they want, when they want. 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. 3-2010 entitled: AN ORDINANCE REPEALING CHAPTER 107.30.1, SECTION “A” “GOVERNMENTAL RECORDS” OF THE CODE OF THE CITY OF HACKENSACK has passed its second and final reading and is hereby adopted. Roll Call - Ayes: Meneses, Melfi, Townes Nay – Labrosse Absent - Sasso NO. 54-10 OFFERED BY: MELFI SECONDED BY: MENESES ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 4-2010, A BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $1,000,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $950,000 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF “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 Councilman Melfi that there be a public hearing. PUBLIC HEARING – Bill Brennan, Wayne, NJ asked what the necessity of this building is. Mr. Gelber, Clinton Place, stated that this is the worst fiscal time before the great depression. Kathy Canestrino, 37 Brook Street stated that this is the right thing Council Meeting – 3/3/10 for Hackensack and applauded the Council for looking into it, however her concern is how it is being funded. Councilman Labrosse stated that he had voted “no” the first time the ordinance was introduced and that the building needs to be funded a different way, either from other projects or the sale of some properties. Motion offered by Councilman Melfi 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. 4-2010 entitled : A BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $1,000,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $950,000 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF has passed its second and final reading and is hereby adopted. Roll Call - Ayes: Meneses, Melfi, Townes Nay – Labrosse Absent - Sasso NO. 55-10 OFFERED BY: MENESES SECONDED BY: MELFI INTRODUCTION OF ORDINANCE NO. 5-2010, AN ORDINANCE AMENDING CHAPTER 119 “PEACE AND GOOD ORDER”, SECTION 2 “PROHIBITED ACTS” OF THE CODE OF THE CITY OF HACKENSACK BE IT RESOLVED that the above ordinance, being Ordinance 5-2010 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 March 15, 2010 at 8:00 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: Labrosse, Meneses, Melfi, Townes Absent - Sasso NO. 56-10 OFFERED BY: MELFI SECONDED BY: MENESES INTRODUCTION OF ORDINANCE NO. 6-2010, AN ORDINANCE AMENDING CITY ORDINANCE NO. 2-82, CHAPTER 170.49.2 “PARKING FOR THE HANDICAPPED” TO CREATE A HANDICAPPED PARKING SPACE ON CLAY STREET BE IT RESOLVED that the above ordinance, being Ordinance 6-2010 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 March 15, 2010 at 8:00 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 Council Meeting – 3/3/10 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: Labrosse, Meneses, Melfi, Townes Absent - Sasso NO. 57-10 OFFERED BY: MENESES SECONDED BY: LABROSSE ________________________________________________________________ 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 $ 8,149,369.07 Grants 14,691.55 Payroll 130,377.74 Public Parking 8,448.49 Capital 1,216,556.96 Trust Account 25,400.00 Roll Call - Ayes: Labrosse, Meneses, Melfi, Townes Absent : Sasso “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. 58-10 OFFERED BY: MELFI SECONDED BY: LABROSSE _______________________________________________________________ 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: 1923 ARC of Bergen and Passaic Counties RA: 1924 Tomorrows Children’s Fund Roll Call - Ayes: Labrosse, Meneses, Melfi, Townes Absent: Sasso Council Meeting – 3/3/10  NO. 59-10 OFFERED BY: MELFI SECONDED BY: LABROSSE _______________________________________________________________ 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 $ 1,082.00 351 113,C046 Beck, Suzanne L. 2010 Dup. Pymt. 1,154.88 136.01 43 Zillur, Mirza Z. 2009 Homestead Rebate Roll Call - Ayes: Labrosse, Meneses, Melfi, Townes Absent: Sasso NO. 60-10 OFFERED BY: MELFI SECONDED BY: LABROSSE _______________________________________________________________ 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 Board of Health and local public health needs; and WHEREAS, the 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 - Labrosse, Meneses, Melfi, Townes Absent - Sasso NO. 61-10 OFFERED BY: MENESES SECONDED BY: LABROSSE _______________________________________________________________ WHEREAS, the City of Hackensack is the owner of certain property in the City of Hackensack that is located adjacent to the property owned by De Voe Realty Co., Inc, and WHEREAS, the above mentioned property is currently not being utilized by the City of Hackensack, and WHEREAS, the Mayor and Council of the City of Hackensack do not foresee the City’s need of this property in the foreseeable future, and WHEREAS, the City of Hackensack previously entered into a lease with De Voe Realty Co. Inc. which has expired, and WHEREAS, the City of Hackensack is desirous of entering into another lease agreement with De Voe Realty Co., Inc. regarding the rental of the aforementioned Council Meeting – 3/3/10 property, and WHEREAS, De Voe Realty Co. Inc. is desirous of continuing to rent the aforementioned property from the City of Hackensack. NOW, THEREFORE, BE IT RESOLVED, that the City Manager of the City of Hackensack is authorized to enter into a Lease Agreement with DeVoe Realty Co., Inc. for the aforementioned property. Roll Call - Ayes: Labrosse, Meneses, Melfi, Townes Absent: Sasso NO. 62-10 OFFERED BY: MELFI SECONDED BY: LABROSSE _______________________________________________________________ WHEREAS, bids were advertised to be received for a Computer Aided Dispatch (CAD)/Records Management System (RMS)/Automated Vehicle Location System (AVL) and for Vehicle Mounted Modems and External Antennas with Installation; and WHEREAS, five bids were received; and WHEREAS, the low bidders for the Automated Vehicle Location System and the low bidder for the Vehicle Mounted Modems and External Antennas with Installation were notified that their bids were being rejected because of exceptions that they took; and WHEREAS, these low bidders were given the opportunity to a public hearing as per state statute and both bidders declined; NOW, THEREFORE, BE IT RESOLVED that the bid for a Computer Aided Dispatch (CAD)/Records Management System (RMS)/Automated Vehicle Location System (AVL) be awarded to Law Soft Communications at the bid price of $146,150.00 and the bid for Vehicle Mounted Modems and External Antennas with installation be awarded to Pinnacle Wireless at the bid price of $36,828.00; BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in account #10-01-25-240-240-262 of the Current Budget and will be available for purchase through forfeited funds from the Office of the Prosecutor. Roll Call - Ayes: Labrosse, Meneses, Melfi, Townes Absent: Sasso NO. 63-10 OFFERED BY: MELFI SECONDED BY: LABROSSE ________________________________________________________________ WHEREAS, various Year 2009 bills have been presented for payment this year, which bills were not covered by purchase order number and/or recorded at the time of transfer between the 2009 Budget Appropriation Reserve in the last two months of 2009; and Council Meeting – 3/3/10  WHEREAS, N.J.S. 40A: 4-58 provides that all unexpended balances carried forward after the close of the year are available, until lapsed at the close of the succeeding year, and allow transfers to be made from unexpended balances which are expected to be sufficient during the first three months of the succeeding year; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the transfers in the amount of $87,050 be made between the Year 2009 Budget Appropriations Reserve as follows: Account No. Account Title Fro To m 9-01-21-185-185-200 Board of Adjustment O/E 2,500.00 9-01-22-200-202-200 Community Development Consultant 1,700.00 O/E 9-01-25-265-266-200 Fire Official O/E 500.00 9-01-26-130-130-200 Pub Bldg/Grounds O/E 2,800.00 9-01-26-290-290-200 Streets and Roads O/E 1,500.00 9-01-26-290-291-200 Snow Removal O/E 1,000.00 9-01-26-300-300-200 DPW O/E 2,200.00 9-01-26-300-301-200 City Garage O/E 2,500.00 9-01-26-305-305-200 Garbage and Trash O/E 15,100.00 9-01-27-345-345-100 Human Services - S&W 7,000.00 9-01-27-345-345-200 Human Services - O/E 250.00 9-01-28-370-370-100 Recreation S&W 10,600.00 9-01-28-375-375-100 Parks and Recreation S&W 19,600.00 9-01-30-415-415-200 City Web Site 900.00 9-01-31-430-430-200 Utilities 17,000.00 9-01-31-440-440-200 Telephone 1,900.00 9-01-20-150-150-200 Tax Assessor O/E 15,000.00 9-01-20-155-155-200 Legal Services O/E 14,000.00 9-01-25-240-242-200 Traffic Control O/E 35,000.00 9-01-25-260-260-200 Volunteer Ambulance Corp O/E 6,000.00 9-01-26-313-313-200 Shade Tree O/E 6,450.00 9-01-28-370-370-200 Recreation O/E 10,600.00 87,050.00 87,050.00 - Grand Total 87,050.00 87,050.00 Roll Call - Ayes: Labrosse, Meneses, Melfi, Townes Absent: Sasso NO. 64-10 OFFERED BY: MELFI SECONDED BY: LABROSSE _______________________________________________________________ WHEREAS, the City of Hackensack has a need to acquire software maintenance as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44-20.4; and WHEREAS, it has been determined and certified in writing that the value of the acquisition will exceed $17,500.00; and WHEREAS, the term of the contract is January 1, 2010 to December 31, 2010; Council Meeting – 3/3/10 and WHEREAS, Edmunds and Associates has submitted a proposal indicating that they will provide software maintenance for the Finance Department, Tax Collector and Utility Accounting for $34,020.00; and WHEREAS, the Acting Chief Financial Officer has certified that funds are available in 0-01-201-20-130-130-232, $13,650.00, 0-01-201-20-145-145-232, $11,550.00, and 0-05-201-55-502-000-232, $7,875.00 in the Current and Public Parking Budget, Purchase Order #169588; and WHEREAS, Edmunds and Associates has completed and submitted a Business Entity Disclosure Certification which certifies that Edmunds and Associates has not made any reportable contributions to a political or candidate committee in the City of Hackensack in the previous years and that the contract will prohibit Edmunds and Associates from making any reportable contributions through the term of this contract; NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack authorizes the City of Hackensack to enter into a contract with Edmunds and Associates as described herein; and BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification be placed on file with this Resolution. Roll Call – Ayes: Labrosse, Meneses, Melfi, Townes Absent: Sasso NO. 65-10 OFFERED BY: MELFI SECONDED BY: LABROSSE ______________________________________________________________ WHEREAS, N.J.S.A. 40A: 4-19 provides that where any contract, commitment or payments are to be made prior to the final adoption of the 2010 Budget, temporary appropriations should be made for the purpose and amounts required in the manner and time therein provided; and, WHEREAS, the total appropriations in the 210 Budget exclusive of any appropriations made for interest and debt redemption charges, capital improvement fund and public assistance, in said Budget is the sum of $75,576,171.62. WHEREAS, one fourth of the total appropriations in the 2010 Budget, exclusive of any appropriations made for interest and debt redemption charges, capital improvement fund and public assistance, in said Budget is the sum of $18,894,437.31. NOW, THEREFORE, BE IT RESOLVED, that the following appropriations be made and that a certified copy of this resolution be transmitted to the Chief Financial Officer for his records: Account S&W Other Totals Expense GENERAL GOVERNMENT Admin & Exec 20-100-100 150,000.00 25,000.00 175,000.00 Human Resources 20-105-105 100,000.00 - 100,000.00 Mayor & Council 20-110-110 5,000.00 - 5,000.00 City Clerk 20-120-120 16,000.00 15,000.00 31,000.00 Election 20-120-121 - 10,000.00 10,000.00 Financial Admin. 20-130-130 100,000.00 25,000.00 125,000.00 Tax Assessor 20-150-150 20,000.00 20,000.00 40,000.00 Tax Collector 20-145-145 52,400.00 10,000.00 62,400.00 Legal Svcs & Costs 20-155-155 250,000.00 250,000.00 Council Meeting – 3/3/10  Account S&W Other Totals Expense Legal Svcs & Cod. 20-155-156 - 1,000.00 1,000.00 Contingencies 20-499-000 - 1,000.00 1,000.00 Mun. Ct-Prosctr 43-495-495 33,000.00 - 33,000.00 Mun Ct-Admin 43-490-100 50,000.00 15,000.00 65,000.00 Pub Bldg & Grds 26-130-130 25,000.00 40,000.00 65,000.00 Pub Bdlg Elec & Gas 31-430-430 - 150,000.00 150,000.00 Pub Bldg Telephone 31-440-440 - 37,000.00 37,000.00 Pub Bldg Utilities 31-445-445 - 60,000.00 60,000.00 Pub Bldg Gasoline 31-460-460 - 100,000.00 100,000.00 Planning Board 21-180-180 - 12,000.00 12,000.00 Bd of Adjustment 21-185-185 - 35,000.00 35,000.00 Rent Stab. Bd 21-190-190 - 1,000.00 1,000.00 Workers Comp Ins. 23-215-215 - - - Group Ins Plans 23-210-210 - - - Group Ins Surety 23-220-220 - - - Capital Improv. 44-901-901 - 100,000.00 100,000.00 City Web Site 30-415-415 - 5,000.00 5,000.00 ACC Wages All depts. 30-414-415 - - Salary Adjustments S/W 30-425-425 - - Total General Government 1,463,400.00 PUBLIC SAFETY Fire Alarm 25-265-267 25,000.00 5,000.00 30,000.00 Fire 25-265-265 1,000,000.0 50,000.00 1,050,000.00 0 Fire Prevention 25-265-266 50,000.00 5,000.00 55,000.00 Fire-Hydrant Svc 31-461-461 - 65,000.00 65,000.00 Police 25-240-240 1,500,000.0 50,000.00 1,550,000.00 0 Police School Grds 25-240-241 100,000.00 1,500.00 101,500.00 Police-Traffic Ctrl 25-240-242 20,000.00 5,000.00 25,000.00 Communications Opr 25-240-243 100,000.00 500.00 100,500.00 First Aid Org 25-260-260 - - - Emerg Med Serv 25-265-269 - - - Emerg Management 25-252-252 - - - Safe & Secure 41-751-000 - - - 911 42-250-251 - - - Total Public Safety 2,977,000.00 DEPARTMENT OF COMMUNITY AFFAIRS Insp of Bldgs 22-195-195 20,000.00 5,000.00 25,000.00 Insp of Property 22-200-200 85,000.00 700.00 85,700.00 Comm Develop 22-200-201 10,000.00 5,000.00 15,000.00 Comm Dev-Cons Svs 22-200-202 - 1,000.00 1,000.00 Const. Bd of Appeals 21-180-181 - - - Account S&W Other Totals Expense DEPARTMENT OF PUBLIC WORKS Administration 26-300-300 50,000.00 25,000.00 75,000.00 City Garage 26-300-301 20,000.00 10,000.00 30,000.00 STREETS & ROADS Streets & Roads 26-290-290 15,000.00 15,000.00 30,000.00 Snow Removal 26-290-291 75,000.00 100,000.00 175,000.00 Shade Tree 26-313-313 14,000.00 12,000.00 26,000.00 Council Meeting – 3/3/10 Street Lighting 31-435-435 - 15,000.00 15,000.00 SANITATION Street Cleaning 26-300-302 15,000.00 15,000.00 30,000.00 Garbage & Trash 26-305-305 100,000.00 20,000.00 120,000.00 Recycling Program 26-305-306 - - - Sanitary Landfill 26-305-307 - 400,000.00 400,000.00 Sewer System Mtnc 26-311-311 15,000.00 58,000.00 73,000.00 Sewer Treatment 31-455-455 - - - Sewer Sys Share 31-455-456 - 1,300,000.00 1,300,000.00 Utilities - Vehicle Gasoline 31-460-460 - 100,000.00 100,000.00 HEALTH & WELFARE Health Dept-Admin 27-330-331 30,000.00 20,000.00 50,000.00 Pub Health Prior Fnd 41-785-331 - 2,000.00 2,000.00 Health Dept-Clinics 27-330-330 4,000.00 10,000.00 14,000.00 Dog Regulation 27-340-340 1,000.00 65,000.00 66,000.00 Human Services 27-345-345 55,000.00 2,000.00 57,000.00 PEOSHA 27-330-332 - 45,000.00 45,000.00 RECREATION & EDUCATION Parks & Playgrounds 28-375-375 30,000.00 25,000.00 55,000.00 Recreation Dept 28-370-370 20,000.00 20,000.00 40,000.00 Celebration of Pub Events 30-420-420 10,000.00 20,000.00 30,000.00 Mtnc Public Library 29-390-390 - 200,000.00 200,000.00 HAPADA 41-761-000 - 6,000.00 6,000.00 Clean Comm Program 41-770-000 - 10,000.00 10,000.00 NJ Pedestrian Safety 30-415-417 - 3,000.00 3,000.00 CONTINGENCIES Contingencies 30-499-000 - 500.00 500.00 Total Other 3,079,200.00 DEFERRED CHARGES & STATUTORY EXPENDITURES Reserve for Unemployment 23-225-225 - 20,000.00 20,000.00 PFRS 36-475-475 - 500,000.00 500,000.00 PERS 36-471-471 - 500,000.00 500,000.00 Social Security 36-472-472 - 250,000.00 250,000.00 Judgments 37-480-480 - - - Cons Pol & Fire pens 36-474-474 - - - Total Deferred Charges & Statutory Expenditures 1,270,000.00 Total 3,993,581.62 4,874,200.00 8,789,600.00 Dedicated Pub Park Syst 55-502-000 25,000.00 50,000.00 75,000.00 Utility Dedicated Pub Park Syst 55-512-206 - 35,000.00 35,000.00 Utility Capital Outlay GRAND TOTAL 8,899,600.00 Roll Call - Ayes: Labrosse, Meneses, Melfi, Townes Absent: Sasso NO. 66-10 OFFERED BY: MELFI SECONDED BY: LABROSSE Council Meeting – 3/3/10 _______________________________________________________________ BE IT RESOLVED by the City Council of the City of Hackensack that a refund in the amount of $100.00 be made to Ramon D. Espinoza, 135 Kansas Street, Hackensack, NJ, 07601 for a health business license issued in error. Roll Call - Ayes: Labrosse, Meneses, Melfi, Townes Absent: Sasso Council Meeting – 3/3/10