City Council

City Council Resolutions, November 6, 2006 NO. 371 OFFERED BY: MELFI SECONDED BY: McAULIFFE _________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 35-2006 ENTITLED “AN ORDINANCE AMENDING CITY ORDINANCE 2-82 CHAPTER 170-49.2 ‘PARKING FOR THE HANDICAPPED’, TO INCLUDE THE SOUTH SIDE OF LOOKOUT AVENUE FROM A POINT 147 FEET EAST OF THE SOUTH EASTERLY CURB LINE OF PROSPECT AVENUE TO A POINT 20 FEET EAST THEREOF/1. Mayor Sasso: “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?” Motion offered by Melfi and seconded by McAuliffe that there be a public hearing. PUBLIC HEARING Motion offered by Meneses and seconded by 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. 35-2006 ENTITLED: “AN ORDINANCE AMENDING CITY ORDINANCE 2-82 CHAPTER 170-49.2 ‘PARKING FOR THE HANDICAPPED’, TO INCLUDE THE SOUTH SIDE OF LOOKOUT AVENUE FROM A POINT 147 FEET EAST OF THE SOUTH EASTERLY CURB LINE OF PROSPECT AVENUE TO A POINT 20 FEET EAST THEREOF/1.” pass its second and final reading and is hereby adopted. Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 372 OFFERED BY: McAULIFFE SECONDED BY: MENESES _________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 36-2006 ENTITLED “AN ORDINANCE AMENDING CITY ORDINANCE CHAPTER 166-3 OF THE CODE OF THE CITY OF HACKENSACK ENTITLED UNIFORM CONSTRUCTION CODE ENFORCEMENT….FEES”. Mayor Sasso: “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?” Motion offered by Townes and seconded by McAuliffe that there be a public hearing. PUBLIC HEARING Motion offered by McAuliffe and seconded by 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. 36-2006 ENTITLED: “AN ORDINANCE AMENDING CITY ORDINANCE CHAPTER 166-3 OF THE CODE OF THE CITY OF HACKENSACK ENTITLED UNIFORM CONSTRUCTION CODE ENFORCEMENT….FEES”.pass its second and final reading and is hereby adopted.  Roll Call: Ayes - Melfi, Townes, Meneses, McAuliffe, Sasso NO. 373 OFFERED BY: McAULIFFE SECONDED BY: MELFI _________________________________________________________________ INTRODUCTION OF AN ORDINANCE AMENDING CITY ORDINANCE NO.3- 2001 CHAPTER 170-71 “RESIDENTS ONLY ON-STREET PARKING”, TO PROVIDE “RESIDENT ONLY” PARKING PERMITS FOR THE RESIDENTS RESIDING ON THE EAST BOUND SIDE (SOUTH SIDE) OF ESSEX STREET FROM SOUTH SUMMIT AVENUE TO POLIFLY ROAD TO ALLOW THESE RESIDENTS TO PARK ON THE STREETS REGULATED BY THE RESIDENT PARKING PROGRAM. BE IT RESOLVED that the above ordinance, being Ordinance 37- 2006 as introduced as amended, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held on November 21, 2006 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 – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 374 OFFERED BY: McAULIFFE SECONDED BY: TOWNES _________________________________________________________________ INTRODUCTION OF AN ORDINANCE AMENDING CITY ORDINANCE 2-82 CHAPTER 170-60, SCHEDULE 1, “PARKING PROHIBITED AT ALL TIMES”, TO DELETE THE WEST SIDE OF FRANKLIN STREET, ENTIRE LENGTH AND TO INCLUDE THE WEST SIDE OF FRANKLIN PLACE FROM THE SOUTHERLY CURB LINE OF HAMILTON PLACE TO A POINT 90 FEET SOUTH THEREOF. BE IT RESOLVED that the above ordinance, being Ordinance 38- 2006 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 November 21, 2006 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 – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 375 OFFERED BY: MENESES SECONDED BY: McAULIFFE _________________________________________________________________ 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 $10,711,856.33 Escrow Account 25,622.86 Payroll Agency 140,893.91 Public Parking System 16,215.23 Capital Account 271,631.03 Trust Account 33,323.00 Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 376 OFFERED BY: TOWNES SECONDED BY: McAULIFFE _________________________________________________________________ WHEREAS, New Jersey Revised Statutes 39:10A-1-7 provides that the City has the right to sell at public auction all abandoned vehicles after due notice has been published in a newspaper five (5) days previous to the date of the proposed sale; NOW, THEREFORE, BE IT RESOLVED that the aforementioned vehicles listed in the advertisement to appear in The Record on Tuesday, November 14, 2006, and notification that they will be offered for sale by the City Manager or a designated representative at the times designated in the notice on Thursday, November 30, 2006 be and hereby are authorized to be sold. Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 377 OFFERED BY: TOWNES SECONDED BY: McAULIFFE _________________________________________________________________ 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 when a storm line collapsed at 131 South Newman Street 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 storm line to full operation; and WHEREAS, the cost of the repair was $4,554.50, which was a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in account #6-01-201-26-311-311-204, Purchase Order #152305; 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, J. Fletcher Creamer and Son, 120 East Broadway, Hackensack, New Jersey 07601 be paid therefore. Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 378 OFFERED BY: TOWNES SECONDED BY: McAULIFFE ______________________________________________________________________________ WHEREAS, the City of Hackensack has been advised that an emergency affecting the safety and welfare of the citizens of Hackensack and the general public when a catch basin on Railroad Avenue and Clay Street 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 line to full operation; and WHEREAS, the cost of the repair was $2,800.00, which was a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in account 6-01-44-903-901-28G. Purchase Order #151309; 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 Kaycon Construction, 75A Voorhis Lane, Hackensack, New Jersey 07601, be paid therefore. Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 379 OFFERED BY: TOWNES SECONDED BY: McAULIFFE _________________________________________________________________ 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 when two catch basins collapsed at Atlantic and State Streets and Main Street and Coles Avenue and were rendered inoperable; and WHEREAS, the Project Manager notified the City Manager setting forth the circumstances regarding the emergency; and WHEREAS, the governing body is satisfied that an emergency did exist and that immediate action was necessary to restore the aforementioned catch basins to full operation; and WHEREAS, the cost of the repair was $4,500.00 each, which was a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in account number 6-01-201-44-903-901-28G, Purchase Order #151119; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that pursuant to N.J.S.A. 49A:11-6 which authorizes the governing body to award contracts without benefit of public bidding in emergency situations and the vendor Kaycon Construction, 75A Voorhis Lane, Hackensack, New Jersey 07601, be paid therefore.  Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 380 OFFERED BY: TOWNES SECONDED BY: McAULIFFE ______________________________________________________________________________ WHEREAS, the United States Department of Transportation, Federal Highway Administration regulations requires that all City employees required to possess a Commercial Driver’s License to operate City vehicles shall be subject to periodic and random alcohol and controlled substance testing effective 1995; and WHEREAS, these regulations stipulate that a City employee testing positive shall receive professional counseling by a Substance Abuse Professional at the direction of a Medical Review Officer; and WHEREAS, HealthWise at Hackensack University Medical Center offers an Employee Assistance program specifically designed to address substance abuse problems at a fixed annual fee not to exceed $8,220.00 per annum; 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 public inspection; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Hackensack as follows: 1. That the Mayor and City Clerk be and are hereby authorized and directed to execute an agreement with HealthWise at HUMC to perform services for the period effective October 1, 2006 through September 30, 2007. 2. That this contract is awarded without competitive bidding as a “professional service” in accordance with N.J.S.A. 40A:11-5-(1) of the Local Public Contracts law because same is expressly excluded from competitive bidding and without public advertising for bids as an authorized exception. 3. That a notice of this resolution be published once in The Record; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available from Account No. 6-01-210-210- 284 in an amount not to exceed $8,220.00 of the Current Fund. Purchase Order No. 152264. Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 381 OFFERED BY: TOWNES SECONDED BY: McAULIFFE _________________________________________________________________ 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:1812 – Gilda’s Club of Northern New Jersey  RA:1813 – Hackensack University Medical Center RA:1814 – Hackensack University Medical Center Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 382 OFFERED BY: TOWNES SECONDED BY: McAULIFFE _________________________________________________________________ WHEREAS, pursuant to an advertisement in The Record, bids were received on October 12, 2006 for the Berry Street School Pedestrian Safety; and WHEREAS, bids were received from Zuccaro and Sons ($131,777.75) and Concrete Construction ($148,167.75); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the contract for the Berry Street School Pedestrian Safety be awarded to Zuccaro and Sons, 64 Commerce Street, Garfield, New Jersey 07026 for the contract price of $131,777,75; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in account #C-04-55-V07-000- 001 in the Capital Fund. Purchase Order #152369. Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 383 OFFERED BY: TOWNES SECONDED BY: McAULIFFE _________________________________________________________________ WHEREAS, there exists a need for the City of Hackensack to provide professional pandemic influenza plan consulting services; and WHEREAS, HES/Health Education Services, P.O. Box 3, Titusville, New Jersey can provide said services; 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 public inspection; and WHEREAS, the maximum of the contract for said services is $4000; and WHEREAS, a certificate establishing that funds are available from Account 6-01-42-330-330-227 of the Current Fund in the amount of $4000, has been issued by the Chief Financial Officer. NOW, THEREFORE, BE IT RESOLVED, by the 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 HES/Health Education Services to perform the aforementioned services. 2. This contract is awarded without competitive bidding in accordance with (N.J.S.A. 40A:11-51) of the Local Public Contracts Law.  3. That a notice of this resolution be published once in The Record. Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 384 OFFERED BY: TOWNES SECONDED BY: McAULIFFE _________________________________________________________________ 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 year commencing January 1, 2007, and terminating December 31, 2007, pursuant to the provisions of the “Interlocal 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 – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 385 OFFERED BY: TOWNES SECONDED BY: McAULIFFE _________________________________________________________________ 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 $ 1,033.00 37 9 DeCarvalho, Albino M & Isaura O 2006 ERR PMT 220.50 74 5 Siguencia, Trancito 2003 “ “ 4,090.12 321 17 Baker, Derik JM & Lief, Melissa 2006 “ “ 1,607.20 341 8,C0S2C Ene, Constantine & Rodica 2004 “ “ 1,659.45 419 33 Avila, Ana L 2006 “ “ 1,605.90 421 19 Campoverde, Manuel & Martha 2005 “ “ 2,505.00 443 24,C0046 Weigel, Albert R & Helene 2006 “ “ 350.00 230 16 Torres, Roberto & Jacqueline 2006 “ “ 2,505.80 570 10 Ferguson, Catherine J 2006 “ “ 7,768.32 81 43 William S. Winters, Esq. 2004 STB 8,132.46 81 43 “ “ 2005 “ 8,687.34 81 43 “ “ 2006 “ 13,746.39 100.03 11 Wolf Block & Ellen Terrace Co. 2005 “ 4,690.00 107 26 Beattie Padovano Trust 2005 “ 5,010.00 107 26 “ “ “ 2006 “ 938.00 110 22 “ “ “ 2005 “ 1,002.00 110 22 “ “ “ 2006 “ 375.20 110 25 “ “ “ 2005 “ 400.80 110 25 “ “ “ 2006 “ 375.20 113.05 1 “ “ “ 2005 “ 400.80 113.05 1 “ “ “ 2006 “ 375.20 113.05 3 “ “ “ 2005 “ 400.80 113.05 3 “ “ “ 2006 “ 8,229.76 218 10 Waters, McPherson,  McNeill, PC Attys For Delmar Realty 2004 “ 2,580.00 504.02 14.01 Garippa, Lotz & Giannuario 2003 “ 4,704.00 504.02 14.01 “ “ 2004 “ 7,035.00 504.02 14.01 “ “ 2005 “ 1,022.67 506 16,C002G Sabbat, Joseph T 2006 ERRPMT $75.00 refund to Mrs. J. Ocabrera, 233 Union Street, for Jr. Cheerleading. $110.00 refund to Lesley Bruno, 319 Meadow Brook Avenue, Ridgewood, NJ 07450 for monthly parking fee that she will no longer need. Roll Call: Ayes - Melfi, Townes, Meneses, McAuliffe, Sasso NO. 386 OFFERED BY: TOWNES SECONDED BY: McAULIFFE _________________________________________________________________ WHEREAS, various year 2006 bills have been presented for payment this year, which bills were not covered by Year 2006 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 $109,000.00 be made between the Year 2006 Budget Appropriations as follows: Account No. Account Title From To 6-01-21-180-180-201 Planning Board O/E 20,000.00 6-01-21-185-185-201 Board of Adjustment 20,000.00 6-01-22-200-201-227 Community Dev O/E 6,000.00 6-01-22-200-201-101 Community Dev S/W 6,000.00 6-01-22-200-201-227 Community Dev O/E 18,000.00 6-01-22-200-202-212 Comm.Dev Consult O/E 18,000.00 6-01-25-240-241-101 School Crossing Guards S/W 7,000.00 6-01-25-240-241-239 School Crossing Guards O/E 7,000.00 6-01-26-305-305-116 Garbage & Trash S/W 30,000.00 6-01-26-305-305-200 Garbage & Trash O/E 30,000.00 6-01-26-300-302-101 Street Cleaning S/W 20,000.00 6-01-26-313-313-200 Shade Tree O/E 20,000.00 6-01-30-420-420-101 Celebration Public Events 8,000.00 6-01-30-420-420-29W Celebration Public Events 8,000.00 _________ _________ Total 109,000.00 109,000.00 Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 387 OFFERED BY: TOWNES SECONDED BY: McAULIFFE _________________________________________________________________ WHEREAS, Harry K. McWilliams is the owner and taxpayer of certain real property known as Block 78, Lot 47 designated as 82 Hobart Street; and WHEREAS, the taxpayer filed appeals to its 2004 and 2005 real property tax assessments, which matters are pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment is $316,300; 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 this matter 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 “Harry K. McWilliams v. City of Hackensack”, Docket Nos: 006653-2004 and 006448-2005, presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $240,000 for 2004 and 2005; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicted upon a full waiver of any interest payable to the taxpayer on the refund. Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso, NO. 388 OFFERED BY: TOWNES SECONDED BY: McAULIFFE _________________________________________________________________ WHEREAS, Bergen County Tobacco and Candy is the owner and taxpayer of certain real property known as Block 206.01, Lots 8 and 9 designated as 75 Moore Street and 78 Main Street respectively; and. WHEREAS, the taxpayer filed appeals to its 2003 and 2004 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment is $625,000; 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 this matter 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 “Bergen County Tobacco & Candy v. City of Hackensack”. Docket Nos: 006649-2004 and 006644-2005, presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $209,200 for Block 206.01, Lot 9 for both years under appeal and that the assessment for Block 206.01, Lot 8 be maintained at $50,000 for both years; and BE IT FURTHER RESOLVED that the foregoing settlement is predicated upon a full waiver of any interest payable to the taxpayer on the refund. Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 389 OFFERED BY: TOWNES SECONDED BY: McAULIFFE WHEREAS, EWS Co. is the owner and taxpayer of certain real property known as Block 33, Lot 12 designated as 260 Washington Avenue; and WHEREAS, the taxpayer filed appeals to its 2004 and 2005 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment is $308,000; 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 this matter 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 “EWS Co. v. City of Hackensack”, Docket Nos: 006650-2004 and 6446-2005, presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $225,000 for 2004 and 2005; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a full waiver of any interest payable to the taxpayer on the refund. Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 390 OFFERED BY: TOWNES SECONDED BY: McAULIFFE _________________________________________________________________ WHEREAS, Mohamed T. Battal is the owner and taxpayer of certain real property designated as Block 214, Lot 7, commonly known as 90 Myer Street; and  WHEREAS, the taxpayer filed appeals to his 2004 and 2005 real property tax assessment, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment is $156,900; 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 this matter 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 “Mohamed T. Battal v. City of Hackensack”, Docket Nos: 006648-2004 and 006443-2005 presently pending in the Tax Court of New Jersey, so that the assessment shall be reduced to $131,500 for both 2004 and 2005; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicted upon a full waiver of any interest payable to the taxpayer on the refund. Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 391 OFFERED BY: TOWNES SECONDED BY: McAULIFFE _________________________________________________________________ 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 City Council of the City of Hackensack in the County of Bergen, 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 year 2006 in the sum of $4,622.00, which is now available from the 200 Club of Bergen County in the amount of $4,622.00; BE IT FURTHER RESOLVED, that the like sum of $4,622.00 is hereby appropriated under the caption 200 Club, Other Expenses; and BE IT FURTHER RESOLVED, that the above is the result of funds from the 200 Club of Bergen County in the amount of $4,622.00. Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso  NO. 392 OFFERED BY: TOWNES SECONDED BY: McAULIFFE _________________________________________________________________ WHEREAS, pursuant to an advertisement in The Record, bids were received on October 31, 2006, for the Removal and Replacement of Catch Basins, starting December 1, 2006 and terminating November 30, 2008; and WHEREAS, bids were received from Montana Construction Corp., Colonelli Brothers, Inc., Kaycon General Constructors, C&C Masonary, Inc., and Caro Construction; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the contract for the Removal and Replacement of Catch Basins for the City of Hackensack be awarded to Kaycon General Construction Inc., 75 Voorhis Lane, Hackensack, New Jersey 07601 for the contract prices quoted; catch basin, $3,540.00. granite corner with manhole, $4,800.00, standard catch basin $2,500.00, labor $16,400.00, materials, $5,000.00, supervisor $5,000.00 and additional equipment $2,000.00; BE IT FURTHER RESOLVED that the Chief Financial Officer has stated that funds will be available in future Current Budgets. Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 393 OFFERED BY: TOWNES SECONDED BY: McAULIFFE _________________________________________________________________ WHEREAS, pursuant to an advertisement in The Record, bids were received on October 31, 2006 for the reconstruction of Various Streets-Utilizing Community Development Funds; and WHEREAS, bids were received from Tilcon New York, D&L Paving Contractors, New Prince Construction, Smith Sondy Asphalt and AJM Contractors; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the contract for the Reconstruction of Various Streets-Utilizing Community Development Funds be awarded to Tilcon of New York, 625 Mount Hope Road, Wharton, New Jersey 07885 for the contract price of $294,041.76; BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in account C-04-55-U18-000-001 of the Current Budget, pursuant to the bid submitted. Purchase Order #152713 Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso NO. 394 OFFERED BY: TOWNES SECONDED BY: McAULIFFE _________________________________________________________________ WHEREAS, on October 3, 2006, Resolution No. 339 was passed by the Mayor and Council of the City of Hackensack, wherein the findings of the Planning Board of the City of Hackensack as set forth in their Resolution dated September 12, 2006 were adopted; and  WHEREAS, Resolution No. 339 stated that the Mayor and Council have authorized and directed the Planning Board of the City of Hackensack (the “Board”) to conduct a preliminary investigation of the Study Area pursuant to Resolution No. 266 dated July 11, 2006, etc.; and WHEREAS, the correct Resolution that authorized and directed this preliminary investigation was Resolution No. 414 dated October 17, 2005. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack hereby amends Resolution No. 339 dated October 3, 2006 to include the correct information as stated above. Roll Call: Ayes – Melfi, Townes, Meneses, McAuliffe, Sasso