City Council

The Regular Meeting of the City Council of the City of Hackensack was held at City Hall, 65 Central Avenue, Hackensack, New Jersey, on Tuesday, November 22, 2011 at 8:05 p.m. Mayor Meneses called the meeting to order and City Clerk, Debra Heck, stated: “In accordance with the Open Public Meetings Act, Chapter 231, Laws of 1975, adequate notice of this meeting was provided by sending a notice to The Record and the County Seat and by posting a copy on the Bulletin Board in City Hall.” Mrs. Heck called the roll: Present – Mayor Jorge E. Meneses, Councilman John P. Labrosse, Councilman Marlin G. Townes, Councilwoman Karen K. Sasso, City Attorney Joseph C. Zisa and City Manager Stephen Lo Iacono. Deputy Mayor Michael R. Melfi was absent. Mayor Meneses asked everyone to stand for the flag salute. A motion was made by Councilwoman Sasso and seconded by Councilman Labrosse to approve the minutes of the October 17, 2011, October 18, 2011 and November 1, 2011 meetings. City Manager’s Report – Mr. Lo Iacono spoke about the on-going clean up of the Halloween snow storm and said that there are two full time crews out cleaning up trees and limbs. This needs to be finished so that leaves can be gathered before another snow storm. He further explained that on tonight’s docket there is a resolution for an emergency appropriation to dispose of the debris at a lower cost. A machine can be rented to grind the debris into mulch. Accordingly, an extensive amount of high grade mulch will be available for pick up by Hackensack residents only. With reference to the paving work, all work has been completed. Mr. Lo Iacono also said that hopefully the ADA compliance work at the new Cultural Arts Center will be finished by the first of the new year. Mr. Lo Iacono also announced that the holiday season will commence with the tree lighting ceremony scheduled for December 5, 2011 at 5:30 p.m. which is being planned in conjunction with the Upper Main Street Alliance. NO. 397-11 OFFERED BY: TOWNES SECONDED BY: SASSO ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 19-2011, AN ORDINANCE AMENDING CITY ORDINANCE NO. 170-4 “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 Townes that there be a public hearing. PUBLIC HEARING - 11/22/11  Motion offered by Councilman Townes 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. 19-2011 has passed its second and final reading and is hereby adopted. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses Absent: Melfi NO. 398-11 OFFERED BY: TOWNES SECONDED BY: SASSO ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 21-2011, AN ORDINANCE AMENDING CITY ORDINANCE NO. 15-2008 TO REPLACE SECTION 302.7 ENTITLED “ACCESSORY STRUCTURES” “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move? Motion offered by Councilman Labrosse and seconded by Councilman Townes that there be a public Current Fund $4,311,265.89 hearing. Escrow 20,654.70 Grants 5,128.45 PUBLIC HEARING - Payroll 263,438.11 Self Insurance 174,371.51 Public Parking System 11,465.83 Motion offered by Capital 122,406.01 Trust Account 73,752.24 Councilwoman Sasso 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. 21-2011 has passed its second and final reading and is hereby adopted. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses Absent: Melfi NO. 399-11 OFFERED BY: SASSO 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: *Less $591,262.36 removed from Resolution 418-11. 11/22/11  Roll Call – Ayes: Labrosse, Townes, Sasso, Meneses Absent: Melfi 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. 400-11 OFFERED BY: TOWNES SECONDED BY: SASSO ______________________________________________________________ WHEREAS, G&B Partners, LLC, is the taxpayer of certain property known as Block 82.01, Lot 15 designated as 35-47 Green Street; and WHEREAS, the taxpayer filed appeals to its 2008 and 2009 real property tax assessment, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the assessment was $1,985,700 for all years under appeal; 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 “G&B Partners v. Hackensack”, Docket Nos: 003991-2008 and 009194-2009 presently pending in the Tax Court of New Jersey, so that the assessments be set as follows. PROPOSED ASSESSMENT – YEAR $1,620,000 (2008) $1,620,000 (2009) ; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a waiver of any interest payable on the refund to the taxpayer pursuant to N.J.S.A. 54:3- 27.2 provided that the refund is paid within 60 days after entry of the judgment by the Tax Court. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses Absent: Melfi 11/22/11  NO. 401-11 OFFERED BY: TOWNES SECONDED BY: SASSO _______________________________________________________________ WHEREAS, George Croonquist is the owner and taxpayer of certain real property designated as Block 604, Lot 6.02, known as 569 Summit Avenue; and WHEREAS, the taxpayer filed appeals to his 2008, 2009, and 2010 real property tax assessment which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment was $1,026,400; 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 “Croonquist, George v. City of Hackensack”, Docket Nos: 005418-2008; 00791- 2009, and 003405-2010 presently pending in the Tax Court of New Jersey, so that the assessment is set as follows. PROPOSED ASSESSMENT – YEAR $950,000 2008 $900,000 2009 $850,000 2010 ; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a waiver of any interest payable on the refund to the taxpayer pursuant to N.J.S.A. 54:3- 27.02 subject to the agreement between the parties that refund is paid within 60 days of entry of Judgment by the Tax Court. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses Absent: Melfi NO. 402-11 OFFERED BY: TOWNES SECONDED BY: SASSO ________________________________________________________________ WHEREAS, Santo V. Sorce is the owner and taxpayer of certain real property known as Block 242.02, Lot 2, designated as 414 Essex Street; and 11/22/11  WHEREAS, the taxpayer filed appeals to his 2007, 2009, and 2010 real property tax assessment which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment for each year under appeal was $626,400; 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 “Sorce, Santo v. City of Hackensack”, Docket Nos: 008781-2007; 017442-2009, and 018510-10015410-2009 presently pending in the Tax Court of New Jersey, so that the assessment is set as follows: ORIGINAL NEW ASSESSMENT ASSESSMENT YEAR $626,400 $400,000 2007 $626,400 $400,000 2009 $626,400 $400,000 2010 ; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a waiver of any interest payable on the refund to the taxpayer pursuant to N.J.S.A. 54:3- 27.2 provided that the refund is refund is paid within 60 days after entry of the Tax Court Judgment. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses Absent: Melfi NO. 403-11 OFFERED BY: TOWNES SECONDED BY: SASSO WHEREAS, 530 River Street Associates, LLC is the owner and taxpayer of certain real properties designated as Block 308.02, Lot 23.01 and Block 308.02, Lot 18.02; known as 250 River Street and Salem Street Extension, respectively; 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 assessments were $911,400 for Block 308.02, Lot 23.01 and $120,800 for Block 308.02, Lot 18.02; 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 “530 River Street Associates, 11/22/11 LLC v. City of Hackensack”, Docket Nos: 007326-2007 and 004836-2008 presently pending in the Tax Court of New Jersey, so that the assessment be set as follows: BLOCK/LOT ASSESSMENT-YEAR 308.02/23.01 $815,800 2007 308.02/23.01 $815,800 2008 308.02/18.02 $134,200 2007 308.02/18.02 $134,200 2008 ;and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a waiver of any interest payable on the refund to the taxpayer pursuant to N.J.S.A. 54:3-27.2 provided that the refund is paid within 60 days of issuance of the Judgment by the Tax Court. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses Absent: Melfi NO. 404-11 OFFERED BY: TOWNES SECONDED BY: SASSO ________________________________________________________________ WHEREAS, N.J.S. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount was not determined at the time of the adoption of the budget; and WHEREAS, the Director may also approve the insertion of an item of appropriation for equal amount; and NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Hackensack, in the County of Bergen, State of New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the calendar year 2011 in the sum of $10,213.65 which is now available from: Miscellaneous Revenues: Special Items of General Revenue Anticipated With Prior Written Consent of the Director of the Division of Local Government Services: State and Federal Revenues Off-set with Appropriations: 2011 Body Armor Replacement In the amount of $10,213.65 BE IT FURTHER RESOLVED, that the like sum of $10,213.65 is hereby appropriated under the caption of: General Appropriations: (a) Operations Excluded from CAPS State and Federal Programs Off-Set by Revenues: 2011 Body Armor Replacement Other Expenses 11/22/11  BE IT FURTHER RESOLVED, that the above is the result of funds from the State of New Jersey, Department of Law and Public Safety, Division of Criminal Justice in the amount of $10,213.65. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses Absent: Melfi NO. 405-11 OFFERED BY: TOWNES SECONDED BY: SASSO _______________________________________________________________ WHEREAS, pursuant to LPCL 40A:11-6.1 three quotes were received from AAA Emergency Supply, Airpower International, Inc. and Eagle Air for the Eagle T215G Talon Breathing Air Compressor for the Fire Department; and WHEREAS, the Fire Chief advised the Director of Purchasing that he had reviewed such quotations and found that AAA Emergency Supply, 635 North Broadway, White Plains, New York 10603, is reasonable and satisfactory. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the City of Hackensack award the purchase of the Eagle T215G Talon Breathing Air Compressor for the Fire Department, from AAA Emergency Supply, 635 North Broadway, White Plains, New York, 10603 for the total price of $34,000.00; and BE IT FURTHER RESOLVED, that the Chief Financial Officer has certified that the funds will be available in current account 1-01-27-330-332-29B in the amount of $34,000.00. Roll Call – Ayes: Labrosse, Townes, Sasso, Meneses Absent: Melfi NO. 406-11 OFFERED BY: TOWNES SECONDED BY: SASSO ______________________________________________________________________ WHEREAS, Gina Locorotundo,is the owner and taxpayer of certain real property designated as Block 343, Lot 12.A, Unit C009C known as 245 Prospect Avenue; and WHEREAS, the taxpayer filed appeals to her 2009 and 2010 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey, and WHEREAS, the yearly assessment was $364,500; and WHEREAS, upon review of information submitted, reductions appear 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 11/22/11 any and all documents which may be necessary to effectuate the settlement of litigation entitled: “Locorotundo, Gina v. City of Hackensack”, Docket Nos: 017641-2009 and 18509-2010 presently pending in the Tax Court of New Jersey, so that the assessments be set as follows: ASSESSMENT-YEAR $340,000 2009 $340,000 2010 ; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a waiver of any interest payable on the refund to the taxpayer pursuant to N.J.S.A. 54:3- 27.2 subject to the agreement between the parties that refund is paid within 60 days after the entry of judgment by the Tax Court. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses Absent: Melfi NO. 407-11 OFFERED BY: TOWNES SECONDED BY: SASSO ________________________________________________________________ WHEREAS, 199 Main Associates is the owner and taxpayer of certain real property designated a Block 313, Lot 6, known as 199-205 Main Street; and WHEREAS, the taxpayer filed appeals to its 2009, and 2010 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey, and WHEREAS, the assessment was $1,581,800 for 2009 and 2010; 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: “199 Main Street Associates c/o C.J. Lombardo v. City of Hackensack”, Docket Nos: 004423-2009 and 009616-2010 presently pending in the Tax Court of New Jersey, so that the assessments be set as follows: ASSESSMENT-YEAR $1,581,800 2009 $1,100,000 2010 ; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a waiver of any interest payable on the refund to the taxpayer pursuant to N.J.S.A. 54:3- 27.2 provided that the refund is paid within 60 days of issuance of judgment by the Tax Court. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses Absent: Melfi NO. 408-11 OFFERED BY: TOWNES SECONDED BY: SASSO 11/22/11 _______________________________________________________________ WHEREAS, the Governing Body of the City of Hackensack finds and declares that N.J.S.A. 40:48-2.14 states in all cases where brush, weeds, including ragweed, dead and dying trees, stumps roots, obnoxious growth, filth, garbage, trash and debris are destroyed or removed from any dwelling or lands under any ordinance adopted pursuant to section 1 of P.L. 1943, c.71 (C.40:48- 2.13) or section 1 of P.L. 1994, c.167 (C.40:48-2.13a); and WHEREAS, N.J.S.A. 40:48-2:27 states in all cases where brush, hedges and other plant life are cut from any lands within the limitations of section one hereof under any such ordinance, by or under the direction of an officer of the municipality; and WHEREAS, N.J.S.A. 40:65-12 states the governing body may make, amend, repeal, and enforce ordinances to compel the owner or tenant of any lands abutting upon the public highways of the municipality, to remove all snow and ice form the abutting sidewalks and gutters of such highways within twelve hours of daylight after the same shall fall or be formed thereon, and all grass, weeds and impediments therefrom within three days after notice to remove the same, and remove all grass, weeds and impediments from the portion of any street, or highway abutting on such lands, and to provide for imposition of penalties for violation of any impediments by the municipality where the owner or tenant of any such real estate shall fail to remove the same as provided in the ordinance. The cost of removal of any such snow, ice, grass, weeds or impediments from any sidewalk, gutter or public highway by the municipality shall be certified to the governing body of the municipality by the officer in charge thereof; and WHEREAS, by or under the direction of an officer or code enforcement officer of the municipality, such officer or code enforcement officer shall certify the above costs thereof to the governing body, which shall examine the certificate, and if found correct, shall cause the cost as shown thereon to be charged against said dwelling or lands; the amount so charged shall forthwith become a lien upon such dwelling or lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such dwelling or lands, the same to bear interest at the same rate as taxes and shall be collected and enforced by the same officers and in the same manner as taxes; and WHEREAS, the City of Hackensack has maintained the following properties by providing grass and lawn maintenance to the said properties: 226 Passaic Street, Block 433, Lot 9 $200.00 208 Euclid Avenue, Block 544, Lot 22 $125.00 491-493 Essex Street, Block 137, Lot 55 $175.00 354 Hamilton Place, Block 448, Lot 12 $125.00 158 Pine Street, Block 549, Lot 19 $125.00 24 Ross Avenue, Block 507, Lot 1 $250.00 19 Coolidge Street, Block 243, Lot 10 $250.00 51 Cleveland Street, Block 79, Lot 14 $125.00 134 Clay Street, Block 324, Lot 1 $125.00 308 Anderson Street, Block 442, Lot 23 $125.00 125 Hackensack Avenue, Block 511, Lot 1 $125.00 NOW, THEREFORE BE IT RESOLVED , by the Governing Body of the City of Hackensack that the above charges are certified to the Municipal Tax Collector, Elisa Coccia, and she is authorized to convert the above charges to become a lien upon such lands. 11/22/11  Roll Call – Ayes: Labrosse, Townes, Sasso, Meneses Absent: Melfi NO. 409-11 OFFERED BY: TOWNES SECONDED BY: SASSO _______________________________________________________________ WHEREAS, the City of Hackensack publicly advertised requests for Qualifications for “Pediatric Services 2012 through a fair and open process; and WHEREAS, qualifications were received on November 3, 2011 for Pediatric Services 2012 to render services to the City’s Department of Health; and WHEREAS, two qualifications were received from Hackensack University Medical Center and Dr. Marjorie Jones. NOW, THEREFORE, BE IT RESOLVED, that the contract for “Pediatric Services 2012 be awarded to both Hackensack University Medical Center, 30 Prospect Avenue, Hackensack, New Jersey, 07601 at 102 hours at $100.00 per hour not to exceed $10,200.00 and Dr. Marjorie Jones, 35 Brinkerhoff Avenue, Teaneck, New Jersey, 07666-3125, 72 hours at $105.00 per hour not to exceed $17,800.00; and BE IT FURTHER RESOLVED, that the Chief Financial Officer has certified that funds will be available in the current account of 2-01-27-330-330-208. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses Absent: Melfi NO. 410-11 OFFERED BY: TOWNES SECONDED BY: SASSO _______________________________________________________________ WHEREAS, on November 9, 2010, December 15, 2010, and January 19, 2011 an Application was made to the Hackensack Zoning board to develop the property commonly known as 92 Summit Avenue, Hackensack, New Jersey and also identified as Block 240.01, Lot 4 on the official Tax Map of the City of Hackensack; and WHEREAS, on May 17, 2011, the Hackensack Zoning Board granted a Use Variance and Bulk Variances with conditions as set forth in the record; and WHEREAS, a Developer’s Agreement was drafted and was executed by the developer of the property and by Michael Guerra, Chairman of the Zoning Board of the City of Hackensack; and WHEREAS, the Mayor of the City of Hackensack is also required to affix his signature to a Developer’s Agreement on behalf of the City of Hackensack, and WHEREAS, it is in the best interests of the City of Hackensack for the Mayor of Hackensack to execute the Developer’s agreement. NOW, THEREFORE, BE IT RESOLVED that the Mayor of the City of Hackensack is hereby authorized to sign the Developer’s Agreement on behalf of the City of Hackensack. 11/22/11  Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses Absent: Melfi NO. 411-11 OFFERED BY: TOWNES SECONDED BY: SASSO _____________________________________________________________ WHEREAS, Lawman Supply Company, 5521 White Horse Pike, Egg Harbor City, New Jersey 08215, has been awarded New Jersey State Contract No. A73992 under the State of New Jersey; and WHEREAS, the City of Hackensack wishes to purchase Ammunition, Accessories, Etc., for the Police Department pursuant to Local Public Contract Laws (N.J.S.A. 40A: 11-12); and WHEREAS, the cost to purchase this Ammunition, Accessories, Etc., will be $16,093.22; and WHEREAS, the A.O.I.C. of the Police Department and the Director of Purchasing agrees that the utilization of the contract represent the best price available. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the City of Hackensack authorizes the purchase of Ammunition, Accessories, Etc., from Lawman Supply Company, 5521 White Horse Pike, Egg Harbor City, New Jersey, 08215; and BE IT FURTHER RESOLVED, that the Chief Financial Officer has certified funds are available in account 1-01-25-240-240-268 of the current funds. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses Absent: Melfi NO. 412-11 OFFERED BY: TOWNES 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 and Emergency repairs were needed for Packers No. 292, No. 291 and No. 239 which were rendered in-operable; and WHEREAS, the Sanitation Director notified the City Manager setting forth the circumstances regarding the emergency; and WHEREAS, the governing body is satisfied that an emergency exists and that immediate action is necessary to restore the aforementioned. WHEREAS, the total cost of said repairs is $10, 661.49, which was a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in current account 1-01-26-305-305-272; and NOW, THEREFORE, BE IT RESOLVED, by the City 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 11/22/11 Sanitation Equipment Corp, S-122 Route 17 North, Paramus, New Jersey, 07652, be paid therefore. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses Absent: Melfi NO. 413-11 OFFERED BY: TOWNES 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 and that Emergency repairs were needed for Street Sweeper No. 261 which was rendered in-operable; and WHEREAS, the Sanitation Director notified the City Manager setting forth the circumstances regarding the emergency; and WHEREAS, the governing body is satisfied that an emergency exists and that immediate action is necessary to restore the aforementioned; and WHEREAS, the total cost of said repairs are $11,537.92, which was a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in current account 1-01-26-300-302-273. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City 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 a public bidding in emergency situations and the vendor W.E. Timmerman Co., Inc., Route No. 22, P.O. Box 71, Whitehouse, New Jersey, 08888, be paid therefore. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses Absent: Melfi NO. 414-11 OFFERED BY: TOWNES SECONDED BY: SASSO ________________________________________________________________ WHEREAS, N.J.S. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount was not determined at the time of the adoption of the budget; and WHEREAS, the Director may also approve the insertion of an item of appropriation for equal amount. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the City of Hackensack, in the County of Bergen, State of New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the calendar year 2011 in the sum of $17,408.00 which is now available from: Miscellaneous Revenues: Special Items of General Revenue Anticipated With Prior Written Consent of the Director of the Division of Local Government Services: 11/22/11  State and Federal Revenues Off-set with Appropriations: 2011 Edwards Byrne Memorial JAG Program In the amount of $17,408.00. BE IT FURTHER RESOLVED, that the like sum of $17,408.00 is hereby appropriated under the caption of: General Appropriations: (a) Operations Excluded for CAPS State and Federal Programs Off-Set by Revenues: 2011 Edward Byrne Memorial JAG Program Other Expenses BE IT FURTHER RESOLVED, that the above is the result of funds from the United States Department of Justice, Bureau of Justice Assistance in the amount of $17,408.00. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses Absent: Melfi NO. 415-11 OFFERED BY: TOWNES SECONDED BY: SASSO ________________________________________________________________ NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the City of Hackensack that the proper officers be and are hereby authorized to make the following refund for the reason stated: $25.00 Payment collected by mail in error our receipt number 053462 on October 6, 2011. Refund to: Grace L. Gross 80 Westervelt Place Passaic, New Jersey 07055 Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses Absent: Melfi NO. 416-11 OFFERED BY: TOWNES 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 applications on file in the office of the City Clerk: RA: 1984 Gilda’s Club 11/22/11  Roll Call – Ayes: Labrosse, Townes, Sasso, Meneses Absent: Melfi NO. 417-11 OFFERED BY: TOWNES SECONDED BY: SASSO ________________________________________________________________ WHEREAS, pursuant to statute, there exists a need for the City’s Health Department to provide animal control services; and WHEREAS, the County of Bergen, presently operating the Bergen County Animal Shelter at 100 United Way, Teterboro, New Jersey, has agreed to provide said services for the year 2012 for an amount not to exceed $69,676.20; and WHEREAS, a certificate establishing that funds are available from account 2-01-27-340-340-204 of the current fund, in the amount of $69,676.20, has been issued by the Chief Financial Officer. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the City of Hackensack that: 1. The Mayor and City Clerk be and are hereby authorized and directed to execute an agreement with the County of Bergen to provide animal control service effective January 1, 2012 through December 31, 2012. 2. This contract is awarded without competitive bidding in accordance with N.J.S.A. 40A:11-5(2) of the Local Public Contracts Law because said services are between a County and a Municipality and is excluded from competitive bidding and public advertising. Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses Absent: Melfi NO. 418-11 OFFERED BY: LABROSSE 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 $ 1,230.62 343 10,C014H Parker, Rafael&Heidy L 2010 Duplicate Pymt 591,262.36 504.02 12.02 Riverside Square LP 2011 CB J 596.39 403 2 Milad Realty Group LLC 2011 Duplicate Pymt 1,242.00 537 4,C0106 Portillo, Nelly & Miguel E 2011 100% Dis. Vet. 11/22/11  1,997.83 449 6 Corelogic 2011 Duplicate Pymt ****Removed from Resolution Roll Call – Ayes: Labrosse, Townes, Sasso, Meneses Absent: Melfi NO. 419-11 OFFERED BY: TOWNES 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 refund for the reason stated: $65.00 is a refund for the Dramatize program, which was cancelled. Refund to: Mr. Iman Jiptarto 185 Prospect Avenue, #4 Hackensack, New Jersey 07601 Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses Absent: Melfi NO. 420-11 OFFERED BY: TOWNES SECONDED BY: SASSO ________________________________________________________________ WHEREAS, an emergency has arisen with respect to the Pre-Halloween snowstorm and no adequate provision was made in the 2011 budget for the aforesaid purpose, and NJS 40A:4-46 provides for the creation of an emergency appropriation for the purpose mentioned above; and WHEREAS, said emergency necessitates the short term rental of Tub Grinding Machine from J.H. Reid On-Site Recycling, Inc., 3230 Hamilton Blvd., P.O. Box 324, South Plainfield, New Jersey, 07080-0324; and WHEREAS, the total amount of the emergency appropriations created, including the appropriation to be created by this resolution is $24,000 and three (3) percent of the total operating appropriations in the budget for 2011 is $2,384,850; and WHEREAS, the foregoing appropriation together with prior appropriations does not exceed three (3) percent of the total operating appropriations (including utility operation appropriations) in the budget for 2011. NOW, THEREFORE, BE IT RESOLVED, (by not less than 2/3 of all governing body members affirmatively concurring) that in accordance with NJS 40A:4-48: 11/22/11  1. An emergency appropriation is hereby made for DPW other expenses in the amount of $24,000. 2. That said emergency appropriation shall be provided for in full in the 2012 budget, and is requested to be excluded from CAPS, pursuant to NJS 40A:4-53.3c(1) 3. That two (2) certified copies of this resolution be filed with the Director of the Division of Local Government Services Roll Call – Ayes: Labrosse, Townes, Sasso, Meneses Absent: Melfi NO. 421-11 OFFERED BY: TOWNES SECONDED BY: SASSO ________________________________________________________________ WHEREAS, various Year 2011 bills have been presented for payment this year, which bills were not covered by Year 2011 Budget Appropriations; and WHEREAS, N.J.S.A.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 Mayor and Council of the City of Hackensack that the transfers in the amount of $435,000 be made between the Year 2011 Budget Appropriations as follows: FROM TO 1-01-21-180-180-200 Planning Bd. $ 30,000 1-01-20-155-155-200 Legal Svs. O/E $ 60,000 O/E 1-01-22-200-202-200 Community $ 20,000 1-01-23-215-215-200 Workers Comp.O/E $ 73,000 Dev.O/E 1-01-23-210-210-200 Group Ins. O/E $253,000 1-01-23-220-200-200 General Ins. O/E $180,000 1-01-25-240-241-200 Crossing $ 7,500 1-01-26-290-291-100 Snow Remov.S&W $ 25,000 Guard O/E 1-01-25-265-269-100 EMT S&W $ 9,600 1-01-30-420-420-100 CelebratePublicS& $ 25,000 W 1-01-25-265-269-200 EMT O/E $ 10,000 1-01-31-445-445-200 Utilities-Water $ 8,000 1-01-26-305-307-200 Sanitary $104,900 1-01-31-460-460-200 Vehicle Gasoline $ 20,000 Landfill O/E 1-01-25-240-240-200 Police O/E $ 20,000 1-01-25-300-301-200 City Garage O/E $ 3,000 1-01-26-300-302-200 Street CleaningO/E $ 3,000 1-01-26-305-305-200 Garbage&TrashO/E $ 13,000 1-01-26-290-290-200 Streets&Roads O/E $ 5,000 Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses Absent: Melfi NO. 422-11 OFFERED BY: TOWNES SECONDED BY: SASSO ________________________________________________________________ 11/22/11  WHEREAS, a Bergen County Community Development Grant has been proposed by the following organization located in the municipality of Hackensack, New Jersey; and WHEREAS, pursuant to the State Inter-local Services Act, Community Development funds may not be spent in a municipality without authorization by the Mayor and City Council; and WHEREAS, this resolution does not obligate the financial resources of the municipality and is intended solely to expedite expenditure of the aforesaid Community Development Funds. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Council of the City of Hackensack hereby confirms endorsement of the following 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. APPLICANT PURPOSE AMOUNT Housing Authority Health and Human $34,200.00 of Bergen County Service Center Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses Absent: Melfi NO. 423-11 OFFERED BY: TOWNES SECONDED BY: SASSO _______________________________________________________________ WHEREAS, there exists a need for City of Hackensack to provide an Employee Assistance Program for the employees of the City of Hackensack; and WHEREAS, Health Wide of Hackensack University Medical Center has agreed to provide professional services beginning October 1, 2011 through September 30, 2012 for the amount not to exceed $8,731.20; and WHEREAS, a certificate establishing that funds are available from account 1-01- 23-220-220-288 in the amount of $2,182.80 and 2-01-23-220-220-288 in the amount of $6,548.40 of the general fund has been issued by the Chief Financial Officer; and WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires that the resolution authorizing the award of contracts for professional services without competitive bidding and the contract itself must be available for 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 an agreement with Health Wise to preform the aforementioned services through September 30, 2012. 2) The contract is awarded without competitive bidding in accordance with N.J.S.A. 40A:11-5 (2) of the Local Public Contracts Law. 3) That a notice of this resolution be published once in the Record. 11/22/11  Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses Absent: Melfi NO. 424-11 OFFERED BY: TOWNES SECONDED BY: SASSO ________________________________________________________________ WHEREAS, the City of Hackensack has a need to acquire a Third Party Administrator for Risk Insurance as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4 or 20.5; and WHEREAS, the Hackensack Insurance Committee has determined and certified in writing that the value of the acquisition will exceed $21,000.00; and WHEREAS, the anticipated term of this contract is one year; and WHEREAS, Bergen Risk Managers has submitted a proposal indication they will provide the Third Party Administrators Service for $61,650.00; and WHEREAS, Bergen Risk Managers has completed and submitted a Business Entity Disclosure Certification which certifies that Bergen Risk Managers has not made any reportable contributions to a political or candidate committee in the City of Hackensack in the previous year, and that the contract will prohibit Bergen Risk Managers from making any reportable contributions through the term of the contract; and WHEREAS, Pursuant to N.J.S.A. 40A:10-6, et seq., the Mayor and Council instituted as self-insurance program and created an insurance fund requiring insurance consultation service for the administration therefore; 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. 11-5(1)(a)(i) of the Local Public Contracts Law; and WHEREAS, the Local Public Contracts Law requires that the resolution authorizing the award of contracts for professional services without competitive bidding and the contract itself must be available for inspection; and WHEREAS, it is the desire of the City Council of the City of Hackensack to retain the services as third party administrator of the insurance fund/self-insurance program or an amount not to exceed $61,650.00; and WHEREAS, a certificate establishing that fund will be available in accounts 2-01- 23-215-215-289 and 2-01-23-220-220-289 of the current fund and will be issued by the Chief Financial Officer. 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 an contract with Bergen Risk Managers, Inc., P.O. Box 42, 417 Boulevard, Hasbrouck Heights, New Jersey, 07604 to provide the aforesaid services for the period of January 1, 2012 through December 31, 2012. 2) This contract is awarded without competitive bidding in accordance with N.J.S.A. 40A:11-1(1)(a) of the Local Public Contracts Law. 3) The Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution. 4) The City Clerk be and hereby is directed to retain a copy of the contract for public inspection and to publish notice of this action once in The Record. 11/22/11  Roll Call - Ayes: Labrosse, Townes, Sasso, Meneses Absent: Melfi A motion was made by Councilwoman Sasso and seconded by Councilman Labrosse to open the meeting to the public. Emil Canestrino, 37 Brook Street, said that he was disappointed that Deputy Mayor Melfi was not present at the meeting as he wanted to know Mr. Melfi’s reasons for voting “no” on the proposed location of the emergency operations center. Mr. Canestrino said that all emergency personnel should not be under one roof and that he objects to the proposed site. He also said that the site is directly behind the railroad tracks and trains with hazardous materials pass by there. Mr. Canestrino also asked if the City is getting opinions from FEMA and the State. Mr. Lo Iacono said that he would speak with the Bergen County director of emergency management. Mr. Canestrino then suggested the Summit Avenue firehouse and Mr. Lo Iacono said that there is not enough room there. Kathy Canestrino, Brook Street, asked if the Council is giving consideration to moving elections to November as Mahwah has already done so. She asked if it could be looked into as it would save money while also affording better representation from the voters. The Mayor said that the Council would. Mrs. Canestrino also spoke about the budget transfers and legal bills. Mr. Lo Iacono assured her that all municipalities go through this process each year and Mrs. Canestrino said that she would like to see some of this money go to the surplus to offset next year’s budget. She also asked if the City would be getting any of the legal fees back from the insurance companies and Mr. Lo Iacono said hopefully, yes, and if so it will go directly to surplus. Carolyn Davis spoke about an old issue concerning Stanley Place. She reiterated her concern to the Council that coming out of Stanley Place is dangerous and said that it was insulting that nothing has been done on this issue and that the representatives of the group were not contacted. Mayor Meneses apologized for the mishap but said that the Council had acted with good intentions. Brigitta Rucker, 197 Stanley Place said that she had created the list of every house affected and that it is two years later and still not resolved. A motion was made by Councilwoman Sasso and seconded by Councilman Townes to close the public portion of the meeting. Councilman Labrosse said that he had the honor of attending the League of Municipalities yearly conference and that he got to take some great classes again. Councilman Townes said that the conference is the best place to go for education, however this year there was a lot of doom and gloom and he also said that there is no hope for municipalities right now. Councilwoman Sasso commented on all of the recent losses and wished everyone a wonderful Thanksgiving even with all of the problems that we think that we have. Mayor Meneses expressed his heartfelt thanks to the DPW workers throughout the storm and also wished everyone a safe and happy Thanksgiving. A motion was made by Councilwoman Sasso and seconded by Councilman Labrosse to adjourn the meeting at 8:05 p.m. 11/22/11  _________________________________ Mayor Jorge E. Meneses absent_____________________________ Deputy Mayor Michael R. Melfi ________________________________ Councilwoman Karen K. Sasso _________________________________ Councilman Marlin G. Townes _________________________________ Councilman John P. Labrosse _____________________________ Debra Heck, City Clerk 11/22/11