City Council

NO. 90- 09 OFFERED BY: TOWNES SECONDED 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 $ 7,606,804.39 Grants $ 937.50 Payroll Agency Account $ 119,527.79 Public Parking System $ 6,696.01 Capital $ 4,037.35 Roll Call: Ayes – Meneses, Townes, Sasso, McAuliffe, 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. 91- 09 OFFERED BY: SASSO SECONDED BY: MC AULIFFE ________________________________________________________________ WHEREAS, bids were advertised to be received for the purchase and delivery of one new 2008 Auto Car WX64 Truck with 40 Yard Wittke Super Duty Front Loading Refuse Body; and WHEREAS, one bid was received from Sanitation Equipment Company; and WHEREAS, the Chief Financial Officer has certified that funds are available through the Municipal Bank program of Bergen County, purchase order #165139; NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Hackensack award the contract for the purchase of one new 2008 Auto Car WX64 Truck with 40 Yard Wittke Super Duty Front Loading Refuse Body to Sanitation Equipment Corporation, South 122 Route 17 North, Paramus, New Jersey, 07652 for the contract amount of $220,995.00. Roll Call: Ayes – Meneses, Townes, Sasso, McAuliffe, Melfi NO. 92- 09 OFFERED BY: SASSO SECONDED BY: MC AULIFFE ________________________________________________________________ WHEREAS, New Jersey women of every race, class and ethnic background have made historic contributions to the growth and strength of our State in countless recorded and unrecorded ways; and WHEREAS, New Jersey women have played and continue to play a critical economic, cultural and social role in every sphere of life of the State by constituting a significant portion of the labor force working inside and outside of the home; and WHEREAS, New Jersey women have played a unique role throughout the Council Meeting – 3/3/09 history of the State by providing the majority of the volunteer labor force of the State; and WHEREAS, New Jersey women were particularly important in the establishment of early charitable, philanthropic, and cultural institutions in our State; and WHEREAS, New Jersey women of every race, class and ethnic background served as early leaders in the forefront of every major progressive social change movement; and WHEREAS, New Jersey women have been leaders, not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil rights movement, and other movements, especially the peace movement, which create a more fair and just society for all; and WHEREAS, despite these contributions, the role of women in history has been consistently overlooked and undervalued, in the literature, teaching and study of American history; and WHEREAS, the Department of Community Affairs, specifically the Division on Women’s goals are to remember and celebrate New Jersey women and to:  Ensure that NJ women are offered equal opportunities in education, the workforce and healthcare regardless of age, sexual orientation, income, ethnicity, race or religion.  Identify, implement, measure and coordinate programs that address the needs of NJ women.  Engage in continuous study and research on issues affecting NJ women and their families, develop policy papers and legislative recommendations. NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the City of Hackensack, State of New Jersey, that March 2009 is designated as “Women’s History Month” under the National Women History Project. Roll Call: Ayes – Meneses, Townes, Sasso, McAuliffe, Melfi NO. 93-09 OFFERED BY: SASSO SECONDED BY: MC AULIFFE ________________________________________________________________ WHEREAS, the City of Hackensack has a need to acquire a 2009 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 9, 2009 indicating they will provide the 2009 Summer Concert Series services for $36,150.00; 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 Council Meeting – 3/3/09 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 2009 Summer Concert Series services for an amount not to exceed $36,150.00; and WHEREAS, a certificate establishing that funds are available in the amount of $36,150.00 from account #9-01-30-420-420-29W Current Fund, Purchase Order No. 165148, 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, 2009 through August 1, 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. 94-09 OFFERED BY: SASSO SECONDED BY: MC AULIFFE ________________________________________________________________ WHEREAS, the Bergen County Bar Foundation is the owner and taxpayer of certain real property known as Block 208, Lot 23 designated as 15 Bergen Street; and WHEREAS, the taxpayer filed an appeal to its 2006 and 2007 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment was $520,000 for 2006 and $1,260,000 for 2007; and WHEREAS, upon review of information submitted, a reduction appears Council Meeting – 3/3/09 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 the application of the Freeze Act (N.J.S.A. 54:5 1A-8), which may be necessary to effectuate the settlement of litigation entitled “Bergen County Bar Foundation v. City of Hackensack”, Docket Nos: 008497- 2006 and 010599-2007, presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $1,015,000 for 2007, subject to the withdrawal of the appeal 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 – Meneses, Townes, Sasso, McAuliffe, Melfi NO. 95- 09 OFFERED BY: SASSO SECONDED BY: MC AULIFFE ________________________________________________________________ WHEREAS, Maurizio and Maria Incitti are the owners and taxpayers of certain real property known as Block 313, Lot 13, known as 91 Myer Street; and WHEREAS, the taxpayer filed an appeal to its 2005 and 2006 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment is $238,300; 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 which may be necessary to effectuate the settlement of litigation entitled “Maurizio Incitti, et al v. City of Hackensack”, Docket Nos: 006447-2005 and 007072-2006, presently pending in the Tax Court of New Jersey, so that the assessments for 2005 and 2006 shall be reduced to $162,900; 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 – Meneses, Townes, Sasso, McAuliffe, Melfi NO. 96- 09 OFFERED BY: SASSO SECONDED BY: MC AULIFFE ________________________________________________________________ WHEREAS, Richard and Nancy Newman are the owners and taxpayers of certain real property known as Block 46.03, Lot 7 and Block 46.01, Lot 11, and known as 44 Elizabeth Street and 146 Liberty Street, respectively; and Council Meeting – 3/3/09  WHEREAS, the taxpayer filed an appeal to its 2005 and 2006 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment was $228,200 for 44 Elizabeth Street and $157,500 for 146 Liberty Street; 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 “Richard C. Newman, et al. v. City of Hackensack”, Docket Nos: 006450-2005 and 007076-2006, presently pending in the Tax Court of New Jersey, so that the assessments for 2005 and 2006 shall be reduced to $201,900 for Block 46.03, Lot 7 and $137,500 for Block 46.03, Lot 11; 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 – Meneses, Townes, Sasso, McAuliffe, Melfi NO. 97- 09 OFFERED BY: SASSO SECONDED BY: MC AULIFFE ________________________________________________________________ WHEREAS, Ellen Terrace Company is the owner and taxpayer of certain real property designated as Block 100.03, Lot 11, and known as 222 Ellen Terrace; and WHEREAS, the taxpayer filed an appeal to its 2006 real property tax assessment, which matter is presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment is $1,373,000; 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 “Ellen Terrace Company v. City of Hackensack”, Docket No: 000533-2006 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $1,050,000; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon Council Meeting – 3/3/09 a full waiver of any interest payable to the taxpayer on the refund. Roll Call: Ayes – Meneses, Townes, Sasso, McAuliffe, Melfi NO. 98- 09 OFFERED BY: SASSO SECONDED BY: MC AULIFFE ________________________________________________________________ WHEREAS, J & D 46 Anderson Associates, LLC is the owner and taxpayer of certain real property known as Block 410, Lot 9-02, designated as 40-46 Anderson Street; and WHEREAS, the taxpayer filed an appeal to its 2005, 2006 and 2007 real property tax assessment, which matter is presently pending in the Tax Court of New Jersey; and WHEREAS, the assessments for the subject property were $1,200,000 for 2005 and 2006 and $3,506,000 for 2007; 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 in order to effectuate the settlement of litigation entitled “J & D 46 Anderson Associates, LLC v. City of Hackensack”, Docket No: 002645-2005, 004649-2006 and 006564-2007 presently pending in the Tax Court of New Jersey, so that the assessment for 2005 and 2006 be retained at $1,200,000 and reduced to $3,431,000 for 2007; 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 – Meneses, Townes, Sasso, McAuliffe, Melfi NO. 99- 09 OFFERED BY: SASSO SECONDED BY: MC AULIFFE ________________________________________________________________ WHEREAS, Glenview Associates is the owner and taxpayer of certain real property known as Block 242.03, Lot 3, designated as 95-167 Tracy Place; and WHEREAS, the taxpayer filed an appeal to its 2006 real property tax assessment, which matter is presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment is $7,427,100; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and Council Meeting – 3/3/09  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 in order to effectuate the settlement of litigation entitled “Glenview Associates c/o Brookdale v. City of Hackensack”, Docket No: 001966-2006 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $6,950,000; 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 – Meneses, Townes, Sasso, McAuliffe, Melfi NO. 100- 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 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 Medina Consultants in connection with a treatment works approval permit application prepared in connection with the construction of the project known as the “Hackensack University Medical Center Cancer Center, 92 Second Street” located in Block 233, Lot 12, 26-27, 29,30. Roll Call: Ayes – Meneses, Townes, Sasso, McAuliffe, Melfi NO. 101-09 OFFERED BY: SASSO SECONDED BY: MC AULIFFE ________________________________________________________________ WHEREAS, a Bergen County Community Development grant of $1,750,000.00 has been proposed by the Housing Authority of the City of Hackensack for the acquisition of 44-46 & 48-50 Kansas Street and construction of eight units of affordable rental housing in the City of Hackensack, NJ; and WHEREAS, pursuant to the State Interlocal Services Act, Community Development funds may not be spent in a municipality without authorization by the Governing Body; and WHEREAS, this resolution does not obligate the financial resources of the municipality and is intended solely to expedite expenditure of the aforesaid CD 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: Meneses, Townes, Sasso, McAuliffe, Melfi Council Meeting – 3/3/09  NO. 102 - 09 OFFERED BY: SASSO SECONDED BY: MC AULIFFE _______________________________________________________________ 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 application on file in the office of the City Clerk: RA: 1893 – Holy Trinity School RA: 1894 - Holy Trinity School RA: 1895 - Holy Trinity School Roll Call: Ayes – Meneses, Townes, Sasso, McAuliffe, Melfi Council Meeting – 3/3/09