City Council

City Council Resolutions, April 8, 2008 NO. 107 - 08 OFFERED BY: MELFI SECONDED BY: MCAULIFFE ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 6-2008, AN ORDINANCE AMENDING CITY ORDINANCE 1-77, CHAPTER 175-3, ENTITLED, “DEFINITIONS”, TO CHANGE THE DEFINITION OF “COMMERCIAL MOTOR VEHICLE.” “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 Sasso and seconded by 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. 6-2008 entitled: “AN ORDINANCE AMENDING CITY ORDINANCE 1-77, CHAPTER 175-3, ENTITLED, “DEFINITIONS”, TO CHANGE THE DEFINITION OF “COMMERCIAL MOTOR VEHICLE” has passed its second and final reading and is hereby adopted. Roll Call: Ayes: Melfi, Townes, Sasso, McAuliffe, Meneses NO. 108 - 08 OFFERED BY: SASSO SECONDED BY: MCAULIFFE ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 7-2008, AN ORDINANCE AMENDING CITY ORDINANCE NO. 40-89 ARTICLE XII (PARKING METERS) OF CHAPTER 170-35 (DESIGNATION OF PARKING SPACES) “§ 170-70. SCHEDULE XXI: PARKING METER ZONES.” TO ELIMINATE THE PARKING METERS BETWEEN SECOND STREET AND PROSPECT AVENUE ON ATLANTIC STREET. “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?  Motion offered by Sasso and seconded by McAuliffe that there be a public hearing. PUBLIC HEARING Motion offered by Melfi and seconded by 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. 7-2008 entitled: “AN ORDINANCE AMENDING CITY ORDINANCE NO. 40-89 ARTICLE XII (PARKING METERS) OF CHAPTER 170-35 (DESIGNATION OF PARKING SPACES) “§ 170-70. SCHEDULE XXI: PARKING METER ZONES.” TO ELIMINATE THE PARKING METERS BETWEEN SECOND STREET AND PROSPECT AVENUE ON ATLANTIC STREET” has passed its second and final reading and is hereby adopted. Roll Call: Ayes: Melfi, Townes, Sasso, McAuliffe, Meneses NO. 109 - 08 OFFERED BY: MELFI SECONDED BY: SASSO INTRODUCTION OF ORDINANCE NO. 8-2008, A BOND ORDINANCE PROVIDING FOR THE ACQUISITION OF PROPERTY IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING $2,500,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $2,375,000 IN BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF. BE IT RESOLVED that the above ordinance, being Ordinance 8-2008 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 April 22, 2008 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, Sasso, McAuliffe, Meneses  NO. 110 - 08 OFFERED BY: TOWNES 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 Account $ 13,051,062.26 Payroll Agency Account $ 122,493.14 Self Insurance $ 85,806.61 Public Parking System $ 8,460.03 Capital $ 75,910.15 Trust Account $ 20,393.75 Roll Call: Ayes – Melfi, Townes, Sasso, McAuliffe, Meneses “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.” NO. 111 - 08 OFFERED BY: SASSO SECONDED BY: MCAULIFFE WHEREAS, bids were advertised in The Record to be received on March 19, 2007 for Uniform Services; and WHEREAS, one bid was received from American Wear Uniform; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Hackensack that the contract for Uniform Services be awarded to American Wear Uniform, 216 N. 18th Street, East Orange, New Jersey 07019, for the contract price of $12,469.60 for 4/1/08 – 3/31/09, $12,469.60 for 4/1/09 – 3/31/10, $12,469.60 for 4/1/10 – 3/31/11; and BE IT FURTHER RESOLVED, that the Chief Financial Officer has certified that funds are available in various accounts in the 2008 Budget and will be available in the 2009, 2010, and 2011 Budget. Purchase Order #160709. Roll Call: Ayes- Melfi, Townes, Sasso, McAuliffe, Meneses  NO. 112 - 08 OFFERED BY: SASSO SECONDED BY: MCAULIFFE WHEREAS, the City of Hackensack has received Change Order #1 from Zuccaro and Sons, Inc., showing a decrease of $29,507.05; and WHEREAS, the total amount of the contract will decrease from $148,355.00 to $118,847.95; and WHEREAS, the City Engineer, T & M Associates, as well as John Flannigan, the City’s Project Manager have received this change order and have recommended that said change order be approved; and WHEREAS, the Chief Financial Officer has certified that funds were available, Purchase Order #152921; NOW, THEREFORE, BE IT RESOLVED, that Change Order #1 decreasing the total contract for the Main Street Intersection Improvement by $29,507.95 with Zuccaro and Sons, Inc., 64 Commerce Street, Garfield, New Jersey 07026 be and is hereby approved. Roll Call: Ayes- Melfi, Townes, Sasso, McAuliffe, Meneses NO. 113 - 08 OFFERED BY: SASSO SECONDED BY: MCAULIFFE WHEREAS, the City of Hackensack has received Change Order #1 from Zuccaro and Sons, Inc., showing a decrease of $23,684.95; and WHEREAS, the total amount of the contract will decrease from $131,777.75 to $108,092.80; and WHEREAS, the City Engineer, T & M Associates, as well as John Flannigan, the City’s Project Manager have received this change order and have recommended that said change order be approved; and WHEREAS, the Chief Financial Officer has certified that funds were available, Purchase Order #152369; NOW, THEREFORE, BE IT RESOLVED, that Change Order #1 decreasing the total contract for Berry Street Pedestrian Safety, by $23,684.95 with Zuccaro and Sons, Inc., 64 Commerce Street, Garfield, New Jersey 07026 be and is hereby approved. Roll Call: Ayes- Melfi, Townes, Sasso, McAuliffe, Meneses  NO. 114 - 08 OFFERED BY: SASSO 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: 1866 - Womens Club of Ridgefield Park RA: 1867 - Carl E. Padovano Memorial Scholarship Fund RA: 1868 - Fairleigh Dickinson University Roll Call: Ayes – Melfi, Townes, Sasso, McAuliffe, Meneses NO. 115 - 08 OFFERED BY: SASSO SECONDED BY: MCAULIFFE WHEREAS, the City of Hackensack is authorized to sell the property known as N.J. State Hwy Route 17 Ramp, City of Hackensack, Bergen County, New Jersey, Block 107 Lot 33,34 Tax Map to CYPRUS HOLDING COMPANY, LIMITED LIABILITY COMPANY, A New Jersey Limited Liability Company, for the sum of $4,500.00, and WHEREAS, to sell this property is in the best interest of the City Of Hackensack; NOW, THEREFORE, BE IT RESOLVED, that the Mayor, Jorge E. Meneses, Mayor of the City Of Hackensack is authorized and empowered to execute any and all documents in furtherance of the transfer of the above referenced property, including but not limited to the execution of a Deed for the sale of this property to CYPRUS HOLDING COMPANY, LIMITED LIABILITY COMPANY, a New Jersey Limited Liability Company, BE IT FURTHER RESOLVED, that the following has been complied with: a) The City Of Hackensack has complied with the statutory requirements for sale by a municipality pursuant to N.J.S.A. 40A:12 et seq. b) The City Of Hackensack has complied with the statutory requirements of the In Rem Tax Foreclosure Act pursuant to N.J.S.A. 54:5-104.29 et seq.  c) The City Of Hackensack has complied with the requirements of the Rules of Court for In Rem Tax Foreclosure pursuant to R.4:64-7. Roll Call: Ayes- Melfi, Townes, Sasso, McAuliffe, Meneses NO. 116 - 08 OFFERED BY: SASSO SECONDED BY: MCAULIFFE 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 Hubschman Engineering in connection with a treatment works approval permit application prepared in connection with the construction of the project known as the “South River Street Village” located in Block 30.02, Lot 16 in the City of Hackensack. Roll Call: Ayes- Melfi, Townes, Sasso, McAuliffe, Meneses NO. 117 - 08 OFFERED BY: SASSO SECONDED BY: MCAULIFFE BE IT RESOLVED, by the Mayor and Council of the City of Hackensack that the following appointments to the following boards be made; Recreation Board Marlo R. Villa, 175 Ames Street, be appointed to an unexpired term ending 12/31/2008. Zoning Board John Carroll, 64 Coles Avenue, be appointed to an unexpired term ending 12/31/2009. Alternate #2 for Zoning Board George Diana, 201 Allen Street, appointed to an unexpired term ending 12/31/2010. Condominium & Cooperative Unit Owners Advisory Board Robert Mortorano, 310 Lookout Ave, Unit 103, Term ending 12/31/08  Roll Call: Ayes - Melfi, Townes, Sasso, McAuliffe, Meneses NO. 118 - 08 OFFERED BY: SASSO SECONDED BY: MCAULIFFE WHEREAS, there exists in the City of Hackensack a need for the services of a Title Insurance Company for the City of Hackensack; and WHEREAS, such professional services will be rendered or performed by a person authorized by law to provide title insurance services 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 per year. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that: (l) The Mayor and Council of the City of Hackensack, through the City Manager, retain the services of Main Street Title & Settlement Services, LLC. 210 River Street, Hackensack, New Jersey to provide title insurance services 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- Melfi, Townes, Sasso, McAuliffe, Meneses NO. 119 - 08 OFFERED BY: SASSO SECONDED BY: MCAULIFFE WHEREAS, the City of Hackensack has been notified that United Water of New Jersey is desirous of extending its distribution system in the municipality; and WHEREAS, United Water wishes to install 2,050 feet of 8 inch pipe off of River Street in Hackensack, New Jersey, and WHEREAS, the project in question is known as Park Plaza Condos, and  WHEREAS, Langan Engineering has presented to United Water of New Jersey an application for an extension to its distribution system as specified above, and WHEREAS, this is in the best interests of the residents of the City of Hackensack, and WHEREAS, this above described extension cannot be performed without consent of the governing body of the City of Hackensack; NOW, THEREFORE, BE IT RESOLVED, that the City of Hackensack is authorizing Langan Engineering and United Water of New Jersey to perform the extension of the water distribution system by placing 2,050 feet of 8 inch pipe off of River Street in Hackensack, New Jersey. 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- Melfi, Townes, Sasso, McAuliffe, Meneses NO. 120 - 08 OFFERED BY: SASSO SECONDED BY: MCAULIFFE WHEREAS, a Bergen County HOME Program deferred loan of $530,000.00 has been proposed by Madeline Corp. for the construction of four (4) senior citizen housing units in partnership with the Martin Luther King Jr. Senior Citizen Center, Inc. in the City of Hackensack; and WHEREAS, pursuant to the State Inter-Local Services Act, HOME Program funds may not be spent in a municipality without authorization by the Governing Body; and WHEREAS, the aforesaid project is in the best interest of the people of the City of Hackensack; and WHEREAS, this resolution does not obligate the financial resources of the City and is intended solely to expedite expenditure of the aforesaid HOME Program funds; NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the City of Hackensack hereby confirms endorsement of the aforesaid 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. Roll Call: Ayes- Melfi, Townes, Sasso, McAuliffe, Meneses NO. 121 - 08 OFFERED BY: SASSO SECONDED BY: MCAULIFFE BE IT RESOLVED, by the Mayor and Council of the City of Hackensack that an agreement be entered into with the Borough of Little Ferry, Bergen County, New Jersey for the purpose of establishing a Mutual Aid coverage of fire assistance between the municipalities; and BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they are hereby authorized to execute on behalf of the City of Hackensack a Mutual Aid fire assistance agreement between the City of Hackensack and the Borough of Little Ferry for the period of one year. Roll Call: Ayes- Melfi, Townes, Sasso, McAuliffe, Meneses NO. 122 - 08 OFFERED BY: SASSO SECONDED BY: MCAULIFFE BE IT RESOLVED, by the Mayor and Council of the City of Hackensack that an agreement be entered into with the Borough of Hasbrouck Heights, Bergen County, New Jersey for the purpose of establishing a Mutual Aid coverage of fire assistance between the municipalities; and BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they are hereby authorized to execute on behalf of the City of Hackensack a Mutual Aid fire assistance agreement between the City of Hackensack and the Borough of Hasbrouck Heights for the period of one year. Roll Call: Ayes- Melfi, Townes, Sasso, McAuliffe, Meneses NO. 123 - 08 OFFERED BY: SASSO SECONDED BY: MCAULIFFE BE IT RESOLVED, by the Mayor and Council of the City of Hackensack that an agreement be entered into with the Borough of Lodi, Bergen County, New Jersey for the purpose of establishing a Mutual Aid coverage of fire assistance between the municipalities; and  BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they are hereby authorized to execute on behalf of the City of Hackensack a Mutual Aid fire assistance agreement between the City of Hackensack and the Borough of Lodi for the period of one year. Roll Call: Ayes- Melfi, Townes, Sasso, McAuliffe, Meneses NO. 124 - 08 OFFERED BY: SASSO SECONDED BY: MCAULIFFE BE IT RESOLVED, by the Mayor and Council of the City of Hackensack that an agreement be entered into with the Borough of Maywood, Bergen County, New Jersey for the purpose of establishing a Mutual Aid coverage of fire assistance between the municipalities; and BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they are hereby authorized to execute on behalf of the City of Hackensack a Mutual Aid fire assistance agreement between the City of Hackensack and the Borough of Maywood for the period of three years. Roll Call: Ayes- Melfi, Townes, Sasso, McAuliffe, Meneses NO. 125 - 08 OFFERED BY: SASSO SECONDED BY: MCAULIFFE BE IT RESOLVED, by the Mayor and Council of the City of Hackensack that an agreement be entered into with the Borough of River Edge, Bergen County, New Jersey for the purpose of establishing a Mutual Aid coverage of fire assistance between the municipalities; and BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they are hereby authorized to execute on behalf of the City of Hackensack a Mutual Aid fire assistance agreement between the City of Hackensack and the Borough of River Edge for the period of one year. Roll Call: Ayes- Melfi, Townes, Sasso, McAuliffe, Meneses NO. 126 - 08 OFFERED BY: SASSO SECONDED BY: MCAULIFFE WHEREAS, the New Jersey State Department of Health requires all local health departments to file an annual report each year; and  WHEREAS, the annual report for the calendar year 2007 for the Health Department of the City of Hackensack has been submitted for approval by John G. Christ, Health Officer. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Hackensack, that the annual report submitted by the Health Officer be and is hereby approved. Roll Call: Ayes- Melfi, Townes, Sasso, McAuliffe, Meneses NO: 127 - 08 OFFERED BY: SASSO 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 Countrywide Home $1,220.00 435 42,C0107 Loans 2006 Duplicate Payment $1,341.00 442 11,C004C Everett, Nancy 2006 Duplicate Payment $1,143.00 570 27,C0013 Tuttle, Christopher 2006 Duplicate Payment First American Real $557.00 321 1,C005C Estate Tax Service 2006 Duplicate Payment First American Real $1,381.00 518 37 Estate Tax Service 2006 Duplicate Payment Roll Call: Ayes: Melfi, Townes, Sasso, McAuliffe, Meneses NO. 128 - 08 OFFERED BY: SASSO SECONDED BY: MCAULIFFE BE IT RESOLVED, that the Mayor and Council of the City of Hackensack wishes to amend grant agreement #210-120-734-4693 with the County of Bergen for the purpose of using $151,346.00 in 2006 Community Development Block Grant funds in conjunction with previous grant(s) in the amount of $37,176.00 for a total amount of $187,522.00, Waterfront Corridor; and BE IT FURTHER RESOLVED, that the Mayor and Council hereby authorizes Stephen LoIacono, to be the signator to the aforesaid amended grant agreement; and BE IT FURTHER RESOLVED, that the Mayor and Council hereby authorizes Marge Cherone to sign all County vouchers submitted in connection with the aforesaid project; and BE IT FURTHER RESOLVED, that the Mayor and Council recognizes that the City of Hackensack is liable for any funds not spent in accordance with the aforesaid grant agreement; and that liability of the Mayor and Council is in accordance with HUD requirements. Roll Call: Ayes- Melfi, Townes, Sasso, McAuliffe, Meneses NO. 129 - 08 OFFERED BY: SASSO SECONDED BY: MCAULIFFE WHEREAS, the City of Hackensack has received Change Order #1 from Colonelli Brothers, Inc., in the amount of $10,290.00; and WHEREAS, the total amount of the contract will increase from $187,294.00 to $197,584.00; and WHEREAS, the City Engineer, Kenneth Job, as well as John Flannigan, the City’s Project Manager have reviewed this change order and have recommended that said change order be approved; and WHEREAS, the Chief Financial Officer has certified that funds are available form account #C-04-55-Y32-000-001 of the Capital Budget in the amount of $10,290.00, Purchase Order #159222; NOW, THEREFORE, BE IT RESOLVED, that Change Order #1 in the amount of $10,290.00 for the Rehabilitation of Vreeland Avenue Sewer for Colonelli Brothers, Inc., 409 South River Street, Hackensack, New Jersey 07601 be and is hereby approved.  Roll Call: Ayes- Melfi, Townes, Sasso, McAuliffe, Meneses NO. 130 - 08 OFFERED BY: SASSO SECONDED BY: MCAULIFFE ________________________________________________________________ WHEREAS, the City of Hackensack has a need to acquire a 2008 Summer Concert Series 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 Recreation Department has determined and certified in writing that the value of the acquisition will exceed $17,500; and WHEREAS, the anticipated term of this contract is one year; and WHEREAS, Jerry LaGuardia Entertainment & Productions, Inc., has submitted a proposal dated February 20, 2008 indicating they will provide the 2008 Summer Concert Series services for $38,500.00; and WHEREAS, Jerry LaGuardia Entertainment & Productions, Inc., has completed and submitted a Business Entity Disclosure Certification which certifies that Jerry LaGuardia Entertainment & Productions, Inc., has not made any reportable contributions to a political or candidate committee in the City of Hackensack in the previous one year, and that the contract will prohibit Jerry LaGuardia Entertainment & Productions, Inc., from making any reportable contributions through the term of the contract; 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. 40A:11-3 (1)(a)(i) or 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; and WHEREAS, it is the desire of the City Council of the City of Hackensack to retain the services of Jerry LaGuardia Entertainment & Productions Inc., to perform 2008 Summer Concert Series services for an amount not to exceed $38,500.00; and  WHEREAS, a certificate establishing that funds are available in the amount of $38,500.00 from account #8-01-30-420-420-29W Current Fund, Purchase Order No. 160363, has been issued by the Chief Financial Officer; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack as follows: 1. The City Manager and City Clerk be and they are hereby authorized and directed to execute a contract with Jerry LaGuardia Entertainment & Productions, Inc., Webster Commons, 271 Grove Street, Building E, Verona, New Jersey 07044, to provide the aforesaid services for the period July 1, 2008 through August 1, 2008. 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 – Melfi, Townes, Sasso, McAuliffe, Meneses NO. 132 - 08 OFFERED BY: SASSO SECONDED BY: MCAULIFFE ________________________________________________________________ WHEREAS, Arcadia Court, LP is the owner and taxpayer of certain real property designated as Block 1, Lot 4, known as 25 Moonachie Road; and WHEREAS, the taxpayer filed appeals to its 2005 and 2006 real property tax assessments, which matter is pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessments is $3,000.000; 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 which may be necessary to effectuate the settlement of litigation entitled “Arcadia Court, LP. v. Hackensack City”, Docket No: 002142-2005 and 003134-2006 presently pending in the Tax Court of New Jersey, so that the assessments be reduced to $2,750,000 for 2005 and $2,500,000 for 2006; 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, Sasso, McAuliffe, Meneses NO. 133 - 08 OFFERED BY: SASSO SECONDED BY: MCAULIFFE ________________________________________________________________ WHEREAS, 25 E Salem Associates is the owner and taxpayer of certain real property designated as Block 309, Lot 1, known as 25 E Salem Street; and WHEREAS, the taxpayer filed appeals to its 2005 and 2006 real property tax assessments, which matter is pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessments is $5,300,000; 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 which may be necessary to effectuate the settlement of litigation entitled “25 E Salem Associates. v. Hackensack City”, Docket No: 002581-2005 and 003151-2006 presently pending in the Tax Court of  New Jersey, so that the assessment be retained for 2005 and reduced to $4,700,000 for 2006; 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, Sasso, McAuliffe, Meneses NO. 134 - 08 OFFERED BY: SASSO SECONDED BY: MCAULIFFE WHEREAS, The City of Hackensack is aware of a serious condition that exists concerning a sewer blockage within the City of Hackensack at or near River Street; and WHEREAS, the Bergen County Utilities Authority (BCUA) is working with the City in an effort to alleviate the condition; and WHEREAS, the BCUA has the equipment and manpower to assist the City; and WHEREAS, the City recognizes that the BCUA is performing this cleanout without any cost to the City; and WHEREAS, the BCUA can not perform this service without an agreement with the City of Hackensack to hold the BCUA harmless in case of any damages caused by the sewer cleanout. NOW, THEREFORE, BE IT RESOLVED that, the City of Hackensack shall hold the BCUA harmless for any and all damages caused as a result of the sewer cleanout on River Street. 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- Melfi, Townes, Sasso, McAuliffe, Meneses CITY OF HACKENSACK RESOLUTION NO. 135-08 OFFERED BY: SASSO SECONDED BY: MCAULIFFE WHEREAS, an emergent condition has risen with respect to insufficient temporary appropriations to facilitate the awarding of contracts and payments of bills and salaries and no adequate provision has been made in the 2008 Temporary Appropriations for the aforesaid purpose, and N.J.S. 40A:4-20 (Chapter 96, P.L. 1951) provides for the creation of an emergency temproary appropriation for the purpose mentioned above; WHEREAS, the total emergency temporary resolutions adopted in the year 2008 pursuant to the provisions of N.J.S. 40A:4-20, including this resolution total $30,310,766.25; NOW, THEREFORE, BE IT RESOLVED (not less than two-thirds of all the members thereof affirmatively concurring) that in accordance with N.J.S. 40A:4-20: 1. An emergency temporary appropriation be and the same is hereby made for the awarding of annual contracts in the amount of $320,264.72. 2. That said emergency temporary appropriations will be provided for in the 2008 Budget. 3. That one certified copy of this resolution be filed with the Director of the Division of Local Government Services. Account Title Account No. S&W Other Expense Totals 1,875.4 First Aid Repair Vehichles 25.260.260.272 - 9 1,875.49 City Garage -Oxygen 26.300.301.251 - 252.19 252.19 City Garage Repair Equip 26.300.301.273 - 412.50 412.50 Tax Assessor Office 20.150.150.233 - 41.00 41.00 City Garage Repair Vehicles 26.300.301.272 - 325.00 325.00 City Garage Constr Materials 26.300.301.234 - 70.95 70.95 City Garage Repair Building 26.300.301.271 - 3,758.69 3,758.69 3,364.9 City Garage Repair Vehicles 26.300.301.272 - 4 3,364.94 9,526.1 Elections 20.120.121.227 - 2 9,526.12 Consolidated Police & Fire 36-474-474 - 4,198.84 4,198.84 PUBLIC AND PRIVATE OFF- SET BY REVENUES - UNCLASSIFIED Matching Funds for Grants G.02.08.899.000.204 -  32,500.00 32,500.00 Assistance to Firefighters Program - 247,500.00 247,500.00 HAPADA BOE Match G.02.07.761.000.27C - 5,000.00 5,000.00 Secure Our Schools Hacken. BOE 11,439.00 - 11,439.00 Total $ 11,439.00 $ 308,825.72 $ 320,264.72 Roll Call: Ayes: Melfi, Townes, Sasso, McAuliffe, Meneses NO. 136 - 08 OFFERED BY: SASSO SECONDED BY: MCAULIFFE WHEREAS, the State of New Jersey GDL 2008 Enforcement and Education Campaign Grant Program has provided an opportunity for the first time in Bergen County to educate novice teen drivers about the importance of safe driving habits; and WHEREAS, the State of New Jersey wishes to reduce the number of young drivers involved in fatal motor vehicle crashes; and WHEREAS, the City of Hackensack has been identified as a participant in the Bergen County pilot program for forty (40) overtime enforcement hours to be worked between April 7, 2008 through April 25, 2008; and WHEREAS, the City of Hackensack through an application to the New Jersey Division of Highway Traffic Safety desires to participate in the Graduated Driver License (GDL) education program targeting our teen drivers at school locations after school/dismissal time; NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Hackensack that the application for the subject funding of $2,000 is approved and the City Manager is hereby authorized to execute any, and all, documents related to the submission of the GDL 2008 Enforcement and Education Campaign Grant Program application, and to accept the grant dollars accordingly. Roll Call: Ayes- Melfi, Townes, Sasso, McAuliffe, Meneses  NO. 137 - 08 OFFERED BY: SASSO SECONDED BY: MCAULIFFE WHEREAS, a Bergen County Community Development Grant of $259,359.00 has been proposed by the Martin Luther King, Jr. Senior Center, Inc. for construction of its new site in the City of Hackensack; and WHEREAS, pursuant to the state Inter-local Service Act, Community Development Block Grant funds may not be spent in a municipality without authorization by the Governing Body, and WHEREAS, the aforesaid project is in the best interest of the people of the City of Hackensack; and WHEREAS, this resolution does not obligate the financial resources of the municipality and it is intended solely to expedite expenditure of the aforesaid CDBG funds. NOW, THEREFORE BE IT RESOLVED, that the Governing Body of the City of Hackensack hereby confirm endorsement of the aforesaid 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 the implementation of the aforesaid project may be expedited. Roll Call: Ayes- Melfi, Townes, Sasso, McAuliffe, Meneses NO. 138 - 08 OFFERED BY: SASSO SECONDED BY: MCAULIFFE WHEREAS, the City of Hackensack and the Board of Education have collaborated together in an effort to develop projects that will improve access and maintenance on public roads that access school facilities; and WHEREAS, the City of Hackensack’s Engineering Department has provided a plan specifically designed to address and improve the unique traffic flow/safety issues at Fairmount School by implementing traffic calming measures; and WHEREAS, the City of Hackensack will submit this plan to the State of New Jersey Department of Transportation for Safe Routes to Schools Grant; and  WHEREAS, the City of Hackensack and the Board of Education recognize the value of inter-local cooperation as a way of reducing duplication and overlap of services as a means of efficient and economical utilization of resources; NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Hackensack in the County of Bergen, State of New Jersey as follows: The Mayor and Council of the City of Hackensack endorse the plan for Traffic Calming Measures on Grand Avenue to improve the traffic flow and safety for Fairmount School to encourage greater pedestrian and bicycle traffic to the school. Roll Call: Ayes- Melfi, Townes, Sasso, McAuliffe, Meneses NO. 139 - 08 OFFERED BY: SASSO SECONDED BY: MCAULIFFE WHEREAS, the City of Hackensack has applied for and has been awarded a grant in the amount of $339,585.00 from the Hazardous Discharge Site Remediation Fund Municipal Grant Program through the Department of Environmental Protection and the New Jersey Economic Development Authority for the Site Investigation/Remedial Investigation along with report preparation of the Former Eval Oil Terminal property; NOW THEREFORE, BE IT RESOLVED by the Council of the City of Hackensack, Bergen County, and State of New Jersey as follows: 1. That the above referenced grant is hereby accepted and the City Manager is hereby authorized to execute grant documents as an authorized representative thereunder, as the representative for the City of Hackensack. 2. That Excel Environmental Resources, Inc. is hereby authorized and directed to implement site investigations an remedial investigations for the above described parcel, with payment for the aforesaid services to be made to Excel Environmental Resources, Inc. from the aforesaid grant funds in accordance with the contract approved by the Council of the City of Hackensack and the New Jersey Department of Environmental Protection. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the New Jersey Economic Development Authority. Roll Call: Ayes- Melfi, Townes, Sasso, McAuliffe, Meneses  NO. 140 - 08 OFFERED BY: SASSO SECONDED BY: MCAULIFFE WHEREAS, the City of Hackensack desires to apply for and obtain a grant from the New Jersey Department of Community Affairs for approximately $50,000.00 to carry out a Smart Growth Planning project. BE IT THEREFORE RESOLVED, that the City of Hackensack does hereby authorize the application for such a grant; and recognizes and accepts that the Department may offer a lesser or greater amount and therefore, upon receipt of the grant agreement from the New Jersey Department of Community Affairs, does further authorize the execution of any such grant agreement; and also, upon receipt of the fully executed agreement from the Department, does further authorize the expenditure of funds pursuant to the terms of the agreement between the City of Hackensack and the New Jersey Department of Community Affairs. BE IT FURTHER RESOLVED, that the persons whose names, titles, and signatures appear below are authorized to sign the application, and that they or their successors in said titles are authorized to sign the agreement, and any other documents necessary in connection therewith. Roll Call: Ayes- Melfi, Townes, Sasso, McAuliffe, Meneses