City Council Resolutions, February 3, 2009

NO. 31- 09

OFFERED BY: MENESES SECONDED BY: MC AULIFFE

______

FINAL ADOPTION OF ORDINANCE NO. 1-2009, AN ORDINANCE AMENDING CITY ORDINANCE NO. 8-88, CHAPTER 42: SHADE TREE ADVISORY COMMITTEE, SECTION 42-1. (ESTABLISHMENT; MEMBERS: TERMS)

“This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?

Motion offered by Councilwoman Sasso and seconded by Councilman McAuliffe that there be a public hearing.

PUBLIC HEARING

Motion offered by Councilwoman Sasso and seconded by Councilman McAuliffe 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. 1-2009 entitled: AN ORDINANCE AMENDING CITY ORDINANCE NO. 8-88, CHAPTER 42: SHADE TREE ADVISORY COMMITTEE, SECTION 42-1. (ESTABLISHMENT; MEMBERS: TERMS)has passed its second and final reading and is hereby adopted.

Roll Call: Ayes: Meneses, Townes, Sasso, McAuliffe, Melfi

NO. 32- 09

OFFERED BY: SASSOSECONDED BY: MC AULIFFE

INTRODUCTION OF ORDINANCE NO. 2-2009, AN ORDINANCE AMENDING CITY ORDINANCE NO. 2-2005 ENTITLED “ENUMERATION OF LICENSES, MISCELLANEOUS SERVICES AND FEES”.

BE IT RESOLVED that the above ordinance, being Ordinance 2-2009 as introduced, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held on February 24, 2009 at 7:00 p.m. or as soon thereafter as the matter can be reached at the regular meeting place of the City Council and at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance and that the City Clerk be and she is hereby authorized and directed to publish said ordinance according to law with a notice of its introduction and passage on first reading and of the time and place when and where said ordinance will be further considered for final passage.

Roll Call: Ayes- Meneses, Townes, Sasso, McAuliffe, Melfi

NO. 33-09

OFFERED BY: MC AULIFFESECONDED BY: SASSO

INTRODUCTION OF ORDINANCE NO. 3-2009, AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 108 OF THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY, ENTITLED, “LIMOUSINE SERVICES”.

BE IT RESOLVED that the above ordinance, being Ordinance 3-2009 as introduced, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held on February 24, 2009 at 7:00 p.m. or as soon thereafter as the matter can be reached at the regular meeting place of the City Council and at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance and that the City Clerk be and she is hereby authorized and directed to publish said ordinance according to law with a notice of its introduction and passage on first reading and of the time and place when and where said ordinance will be further considered for final passage.

Roll Call: Ayes- Meneses, Townes, Sasso, McAuliffe, Melfi

NO. 34 - 09

OFFERED BY: SASSOSECONDED BY: MC AULIFFE

INTRODUCTION OF ORDINANCE NO. 4-2009, AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 170-49.2 OF THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY, ENTITLED, “PARKING FOR THE HANDICAPPED”.

BE IT RESOLVED that the above ordinance, being Ordinance 4-2009 as introduced, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held on February 24, 2009 at 7:00 p.m. or as soon thereafter as the matter can be reached at the regular meeting place of the City Council and at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance and that the City Clerk be and she is hereby authorized and directed to publish said ordinance according to law with a notice of its introduction and passage on first reading and of the time and place when and where said ordinance will be further considered for final passage.

Roll Call: Ayes- Meneses, Townes, Sasso, McAuliffe, Melfi

NO. 35 -09

OFFERED BY: SASSOSECONDED BY: MC AULIFFE

INTRODUCTION OF ORDINANCE NO. 5-2009, AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 170-49.2 OF THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY, ENTITLED, “PARKING FOR THE HANDICAPPED”.

BE IT RESOLVED that the above ordinance, being Ordinance 5-2009 as introduced, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held on February 24, 2009 at 7:00 p.m. or as soon thereafter as the matter can be reached at the regular meeting place of the City Council and at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance and that the City Clerk be and she is hereby authorized and directed to publish said ordinance according to law with a notice of its introduction and passage on first reading and of the time and place when and where said ordinance will be further considered for final passage.

Roll Call: Ayes- Meneses, Townes, Sasso, McAuliffe, Melfi

NO. 36-09

OFFERED BY: SASSO SECONDED BY: MC AULIFFE

INTRODUCTION OF ORDINANCE NO. 6-2009, AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 170-49.2 OF THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY, ENTITLED, “PARKING FOR THE HANDICAPPED”.

BE IT RESOLVED that the above ordinance, being Ordinance 6-2009 as introduced, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held on February 24, 2009 at 7:00 p.m. or as soon thereafter as the matter can be reached at the regular meeting place of the City Council and at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance and that the City Clerk be and she is hereby authorized and directed to publish said ordinance according to law with a notice of its introduction and passage on first reading and of the time and place when and where said ordinance will be further considered for final passage.

Roll Call: Ayes- Meneses, Townes, Sasso, McAuliffe, Melfi

NO. 37- 09

OFFERED BY: MENESESSECONDED BY: MC AULIFFE

______

BE IT RESOLVED by the City Council of the City of Hackensack that the bills in the following accounts be and are hereby ordered paid:

Current Account$ 14,181,590.48

Grants$ 1,230.00

Payroll Agency Account$ 272,401.77

Public Parking System $ 13,469.10

Capital$ 51,562.07

Trust Account$ 39,110.00

Roll Call: Ayes – Meneses, Townes, Sasso, McAuliffe, Melfi

NO. 38-09

OFFERED BY: SASSO SECONDED BY: MC AULIFFE

BE IT RESOLVED by the City Council of the City of Hackensack that Resolution No. 337-08 passed by the governing body on November 10, 2008, is hereby amended to specify that Fire Captain John Niland be and is hereby appointed as the Emergency Management Coordinator for the City of Hackensack for a term of three years; and to serve at the pleasure of the City Council.

Roll Call: Ayes- Meneses, Townes, Sasso, McAuliffe, Melfi

NO. 39- 09

OFFERED BY: SASSO SECONDED BY: MC AULIFFE

______

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:

AmountBlock LotNameYear Reason

$2,100.00613 23.04Jackson, Gregory J. &2007 Duplicate

Barbara A. Payment

$2,040.00134.02 79Maldonado, Maria A.2007 Duplicate

& Arnulfo Payment

$3,135.51554 37Posada, Alex E.2007 Duplicate

Payment

$1,133.00428 1,C003EArias, Gloria2008 Duplicate

Payment

$ 943.97519 36,C019BKroeger, John2008 Duplicate

Payment

$ 430.00569 1Santos, Lucilo A.2008 Duplicate

& Juana M. Payment

$2,047.00604 19First American Real2007 Duplicate

Estate Tax Service Payment

$1,832.00518 7First American Real2007 Duplicate

Estate Tax Service Payment

$1,920.00102 1,C003EFirst American Real2007 Duplicate

Estate Tax Service Payment

$1,182.123418,CS10GFirst American Real2007 Duplicate

Estate Tax Service Payment

$22,081.00435 29Romany Corporation2008 Overbilled

Roll Call: Ayes: Meneses, Townes, Sasso, McAuliffe, Melfi

NO. 40-09

OFFERED BY: SASSO SECONDED BY: MC AULIFFE

WHEREAS, there exists in the City of Hackensack a need for the services of a Special Litigation Attorney for the City of Hackensack; and

WHEREAS, such professional services will be rendered or performed by a person authorized by law to practice a recognized professional pursuant to N.J.S.A. 19:44A-20.4, 20.5, et seq.; and

WHEREAS, pursuant to the Fair and Open Process Rule, N.J.S.A. 19:44A-20.4 et seq., advertisements for proposals were published on the City of Hackensack’s Web Site, and received and reviewed for the aforementioned professional services which anticipated cost will be over $17,500.00 per year; and

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that:

(1)The Mayor and Council of the City of Hackensack, through the City Manager, are hereby authorized and directed to retain the services of Richard Salkin, Esq., 50 Main Street, Hackensack, New Jersey, 07601, to perform the position as Special Litigation Attorney for the City of Hackensack.

(2)This contract is awarded pursuant to a fair and open process.

BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to retain a copy of the contract for public inspection.

Roll Call: Ayes- Meneses, Townes, Sasso, McAuliffe, Melfi

NO. 41-09

OFFERED BY: SASSO SECONDED BY: MC AULIFFE

WHEREAS, the governing body of the City of Hackensack has been advised that an emergency affecting the welfare of the citizens of the City of Hackensack and the general public did occur when a sewer line of Holt and Lodi Streets collapsed 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 $6,937.79, which was a fair and reasonable quotation; and

WHEREAS, the Chief Financial Officer has certified that funds are available in account #8-010-26-311-311-204, purchase order #164700.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that pursuant to N.J.S.A. 40A:11-6 which authorizes the governing body to award contracts without benefit of public bidding in emergency situations and the vendor, J. Fletcher Creamer & Son, 101 East Broadway, Hackensack, New Jersey 07601 be paid therefore.

Roll Call: Ayes- Meneses, Townes, Sasso, McAuliffe, Melfi

NO. 42-09

OFFERED BY: SASSO SECONDED BY: MC AULIFFE

WHEREAS, The Commissioner of Transportation, acting for and on behalf of the State of New Jersey, and the Mayor and Council of the City of Hackensack are desirous of entering into an agreement wherein the State of New Jersey shall undertake the design and construction of Route 17 over I-80 deck replacement and roadway improvements in Hackensack; and

WHEREAS, the Project may require the construction of new, and/or the protection, relocation and/or adjustment of facilities of the existing sewer system which is owned by Hackensack; and

WHEREAS, Hackensack’s legal right to occupy the public right-of-way is not mitigated by the agreement; and

WHEREAS, Hackensack is not obligated by State law or agreement to relocate its own facilities at its own expense for this type of project; and

NOW, THEREFORE, BE IT RESOLVED, that the City Manager of the City of Hackensack is authorized on behalf of the City of Hackensack, to enter into this agreement in accordance with all the terms and conditions as more specifically specified in the agreement.

Roll Call: Ayes- Meneses, Townes, Sasso, McAuliffe, Melfi

NO. 43-09

OFFERED BY: SASSO SECONDED BY: MC AULIFFE

WHEREAS, Maureen de la Bruyere, Clerk Typist, has requested a Leave of Absence without pay for eight (8) weeks for personal medical reasons, under the Family Leave Act; and

WHEREAS, City Manager Stephen Lo Iacono has determined that this employee be granted an eight (8) week Leave of Absence, from January 30, 2009 to March 29, 2009; and

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hackensack, that Maureen L. de la Bruyere, Clerk Typist, be granted an eight (8) week Leave of Absence, without pay, as requested; and

BE IT FURTHER RESOLVED that a certified copy of this Resolution is forwarded to the employee’s pension system by the Chief Financial Officer.

Roll Call: Ayes- Meneses, Townes, Sasso, McAuliffe, Melfi

NO. 44-09

OFFERED BY: SASSO SECONDED BY: MC AULIFFE

WHEREAS, the City of Hackensack and the Borough of Maywood have entered into an agreement for mutual aid fire assistance; and

WHEREAS, the Fire Chief of the City of Hackensack has recommended that said agreement be renewed for the years 2009 and 2010;

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hackensack, County of Bergen, New Jersey, that the Mayor be and is hereby authorized to execute and that the City Clerk is authorized to attest to a renewal agreement on behalf of the City of Hackensack for the years 2009 and 2010 effective January 1, 2009; and

BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to forward a copy of the within resolution to the Clerk, Borough of Maywood.

Roll Call: Ayes- Meneses, Townes, Sasso, McAuliffe, Melfi

NO. 45- 09

OFFERED BY: SASSO SECONDED BY:MC AULIFFE

BE IT RESOLVED by the City Council of the City of Hackensack that the Mayor, City Clerk and the Superintendent of Public Works be and they hereby are authorized to execute a WQM-003 form to be submitted to the New Jersey Department of Environmental Protection by L2A Land Design, LLC in connection with a treatment works approval permit application prepared in connection with the construction of the project known as the “Sanzari Essex LLC, 180-184 Essex Street” located in Block 223, Lot 24 in the City of Hackensack.

Roll Call: Ayes- Meneses, Townes, Sasso, McAuliffe, Melfi

NO. 46 - 09

OFFERED BY: SASSO SECONDED BY: MC AULIFFE

______

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 indicating they will provide the Third Party Administrator services for $60,735.00; 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 a self-insurance program and created an insurance fund requiring insurance consultation services 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. 40A11-5(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 must be available for public inspection;

WHEREAS, it is the desire of the City Council of the City of Hackensack to retain the services of Bergen Risk Managers, Inc., to perform insurance consultation services as third party administrator of the insurance fund/self-insurance program for an amount not to exceed $60,735.00; and

WHEREAS, a certificate establishing that funds are available from Account No. 9-01-23-215-215-289 in the amount of $30,367.50 and Account No. 9-01-23-220-220-289 in the amount of $30,367.50 of the Current Fund, Purchase Order No. 164446 has been 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 a 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 January 1, 2009 through December 31, 2009.

(2)This contract is awarded without competitive bidding as professional services 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.

Roll Call: Ayes - Meneses, Townes, Sasso, McAuliffe, Melfi

NO. 47 -09

OFFERED BY: SASSO SECONDED BY: MC AULIFFE

______

WHEREAS, on January 6, 2009, Resolution No. 23-09 was passed by the City Council of the City of Hackensack authorizing the Mayor and City Clerk to sign an interlocal agreement on behalf of the City for authority to provide sanitary sewer jetting services to the City for the years 2009 and 2010; and

WHEREAS, Resolution No. 23-09 failed to include that the City of Hackensack and the Northwest Bergen County Utilities Authority also desire to enter into an interlocal service agreement for TV Inspection Services of the sanitary sewer system, or other systems, also for the years 2009 and 2010.

NOW THEREFORE BE IT RESOLVED by the City Council of the City of Hackensack that the Mayor and City Clerk be, and they hereby are authorized to execute two Interlocal Service Agreements with the Northwest Bergen County Utilities Authority whereby the NBCUA will provide TV Inspection Services of the sanitary sewer system, or other systems, to the City for the years 2009 and 2010, and also sanitary sewer jetting services to the City for the years 2009 and 2010, pursuant to N.J.S.A. 40:8A-1, et seq. (the “Interlocal Services Act”),

Roll Call: Ayes – Meneses, Townes, Sasso, McAuliffe, Melfi

NO. 48-09

OFFERED BY: SASSO SECONDED BY: MC AULIFFE

WHEREAS, the City of Hackensack and Teamsters Local 560 Supervisors have been engaged in negotiations for a new collective bargaining agreement between the parties; and

WHEREAS, the City of Hackensack and Teamsters Local 560 Supervisors have reached an understanding with regard to such which they wish to memorialize in a Memorandum of Agreement, a copy of which is attached hereto and made a part hereof.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen, State of New Jersey, that the Mayor and City Clerk are hereby authorized to execute the Memorandum of Agreement with Teamsters Local 560 Supervisors regarding a new collective bargaining agreement, which is attached hereto and made a part hereof.

Roll Call:Ayes- Meneses, Townes, Sasso, McAuliffe, Melfi

NO. 49-09

OFFERED BY: SASSO SECONDED BY: MC AULIFFE

WHEREAS, the City of Hackensack and Teamsters Local 560 DPW/SAN have been engaged in negotiations for a new collective bargaining agreement between the parties; and