City Council

Resolutions of 7/14/09 NO. 240-09 OFFERED BY: MELFI SECONDED BY: MENESES ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 16-2009, AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 170-49.2 OF THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY, ENTITLED “PARKING FOR THE HANDICAPPED” “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move? Motion offered by Councilman Meneses and seconded by Councilman Melfi that there be a public hearing. PUBLIC HEARING Motion offered by Councilman Melfi and seconded by Councilman Meneses 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. 16-2009 entitled: AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 170-49.2 OF THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY, ENTITLED “PARKING FOR THE HANDICAPPED” has passed its second and final reading and is hereby adopted. Roll Call: Ayes: Labrosse, Meneses, Melfi, Sasso Absent: Townes NO. 241-09 OFFERED BY: MENESES SECONDED BY: MELFI ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 17-2009, AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 170-49.2 OF THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY, ENTITLED “PARKING FOR THE HANDICAPPED”  “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move? Motion offered by Councilman Melfi and seconded by Councilman Labrosse that there be a public hearing. PUBLIC HEARING Motion offered by Councilman Melfi and seconded by Councilman Meneses 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. 17-2009 entitled: AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 170-49.2 OF THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY, ENTITLED “PARKING FOR THE HANDICAPPED” has passed its second and final reading and is hereby adopted. Roll Call: Ayes: Labrosse, Meneses, Melfi, Sasso Absent: Townes The following resolution was continued until the meeting of 8/18/09: NO. 242-09 OFFERED BY: SECONDED BY: ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 18-2009, AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 170-71 E4 OF THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY, ENTITLED “RESIDENTS ONLY” PARKING PERMITS TO ALLOW PARKING BETWEEN THE HOURS OF 7:00 AM AND 7:00 PM FOR THE RESIDENTS RESIDING ON PORTER STREET “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move? Motion offered by and seconded by that there be a public hearing. PUBLIC HEARING Motion offered by and seconded by 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. 18-2009 entitled: AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 170-49.2 OF THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY, ENTITLED “RESIDENTS ONLY” PARKING PERMITS has passed its second and final reading and is hereby adopted. Roll Call: Ayes: NO. 243-09 OFFERED BY: MENESES SECONDED BY: MELFI ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 19-2009, AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 170-49, SECTION (B) (1) “MONTHLY PARKING” TO PROVIDE A SURCHARGE FOR LATE PAYMENTS “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move? Motion offered by and Councilman Melfi seconded by Councilman Meneses that there be a public hearing. PUBLIC HEARING Motion offered by Councilman Melfi and seconded by Councilman Meneses that the public hearing be closed. BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 19-2009 entitled: AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 170-49, SECTION (B) (1) “MONTHLY PARKING” TO PROVIDE A SURCHARGE FOR LATE PAYMENTS has passed its second and final reading and is hereby adopted. Roll Call: Ayes: Labrosse, Meneses, Melfi, Sasso Absent: Townes NO. 244-09 OFFERED BY: MENESES SECONDED BY: MELFI ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 20-2009, AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 93 OF THE RECYCLING CODE “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move? Motion offered by and Councilman Melfi seconded by Councilman Meneses that there be a public hearing. PUBLIC HEARING Motion offered by Councilman Meneses and seconded by Councilman 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. 20-2009 entitled: AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 93 OF THE RECYCLING CODE has passed its second and final reading and is hereby adopted. Roll Call: Ayes: Labrosse, Meneses, Melfi, Sasso Absent: Townes NO. 245-09 OFFERED BY: MENESES SECONDED BY: MELFI INTRODUCTION OF ORDINANCE NO. 21-2009, 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 21-2009 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 August 18, 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 –Labrosse, Meneses, Melfi, Sasso Absent: Townes NO. 246-09 OFFERED BY: MELFI SECONDED BY: MENESES ________________________________________________________________ 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 $ 3,657,713.54 Grants 15,238.67 Payroll 248,479.29 Self Insurance 39,216.62 Public Parking 16,019.80 Capital 238,199.68 Trust Account 75,240.70 Roll Call: Labrosse, Meneses, Melfi, Sasso Absent: Townes “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. 247- 09 OFFERED BY: MELFI SECONDED BY: MENESES _______________________________________________________________ WHEREAS, bids were received on June 11, 2009 for the Summer Food Program; and WHEREAS, bids were received from Spotless Caterers, Nu Way Concessionaires and Driscoll Foods; and NOW, THEREFORE, BE IT RESOLVED that the contract for the Summer Food Program be awarded to Nu Way Concessionaires, Inc., 339-345 Bergen Avenue, Kearny, New Jersey 07032 at the contract price of $2.18 per lunch and $.56 per snack; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in account #G-02-09-41-762-000-000 of the Current Budget, Purchase Order #166489. Roll Call: Ayes –Labrosse, Meneses, Melfi, Sasso Absent: Townes NO. 248- 09 OFFERED BY: MELFI SECONDED BY: MENESES _______________________________________________________________ WHEREAS, bids were advertised in The Record to be received on June 24, 2009 for the Johnson Park Soccer Field Lighting Project; and WHEREAS, seven bids were received; and NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council award the Johnson Park Soccer Field Lighting Project to the low bidder, Margonis Electrical Contracting Co., Inc., 539 Anderson Avenue, Cliffside Park, New Jersey, 07010 at the base bid price of $174,500.00; BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in account #C-04-55-ZA-001-002 of the Capital Fund, Purchase Order #166902. Roll Call: Ayes – Labrosse, Meneses, Melfi, Sasso  Absent: Townes NO. 249- 09 OFFERED BY: MELFI SECONDED BY: MENESES _______________________________________________________________ WHEREAS, bids were advertised on May 5, 2009 for Radio Communication Maintenance for the Police Department and Public Works Department effective July 1, 2009 through June 30, 2012; and WHEREAS, bids were received from Pinnacle Corporation and Electronic Service Solutions; NOW, THEREFORE, BE IT RESOLVED that the bid for Radio Communication for the Police Department and the Public Works Department be awarded to Pinnacle Wireless, 80 Commerce Way, Hackensack, New Jersey, 07601; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in various accounts in the Current Budget of both the Police Department and the Public Works Department. Roll Call: Ayes – Labrosse, Meneses, Melfi, Sasso Absent: Townes NO. 250-09 OFFERED BY: MELFI SECONDED BY: MENESES _______________________________________________________________ WHEREAS, the City of Hackensack has received Change Order #1 from 4-Clean Up Inc., in the amount of $5,329.51; and WHEREAS, the total amount of the contract will increase from $190,990.86 to $196,320.37; and WHEREAS, the City Engineer, Langan Emergency Services, Inc., as well as Project Manager, John Flannigan have received this change order and have recommended that said change order be approved; and  WHEREAS, the Chief Financial Officer has certified that funds are available from account #C-04-55-Y23-000-001 of the Capital Fund in the amount of $5,329.51, Purchase Order #161371; NOW, THEREFORE, BE IT RESOLVED that Change Order #1 in the amount of $5,329.51 for the Hudson Street Streetscape for 4 Clean Up, Inc., P.O. Box 50987, North Bergen, New Jersey, 07047, be and is hereby approved. Roll Call: Ayes – Labrosse, Meneses, Melfi, Sasso Absent: Sasso NO. 251-09 OFFERED BY: MELFI SECONDED BY: MENESES _______________________________________________________________ WHEREAS, a Bergen County Open Space Trust Fund application in the amount of $400,000.00 has been proposed by the City of Hackensack for Union Park in the City of Hackensack; and WHEREAS, pursuant to the State Interlocal Services Act, such 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 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 the Governing Body is committed to providing a cash match for the project; and BE IT FURTHER RESOLVED that a copy of this resolution shall be sent to the Director of the Bergen County Division of Community Development so that implementation of the aforesaid project may be expedited. Roll Call: Ayes – Labrosse, Meneses, Melfi, Sasso Absent: Townes  NO. 252-09 OFFERED BY: MELFI SECONDED BY: MENESES _______________________________________________________________ WHEREAS, the City of Hackensack has entered into a Cooperative Agreement with the County of Bergen as provided under the Interlocal Services Act, N.J.S.A. 40A:8A-1 et seq. to participate in the Bergen County Open Space, Recreation, Farmland and Historic Preservation Trust Fund; and WHEREAS, said Agreement requires that one municipal representative be appointed by the governing body of the community to be part of the Open Space Trust Municipal Park Improvement and Land Acquisition Program Regional Committee for the term of one year coinciding with the fiscal year July 1, 2009 through June 30, 2010; NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the City of Hackensack hereby appoints Stephen Lo Iacono as its representative to participate on the Open Space Trust Municipal Program Regional Committee. Roll Call: Ayes – Labrosse, Meneses, Melfi, Sasso Absent: Townes NO. 253-09 OFFERED BY: MELFI SECONDED BY: MENESES _______________________________________________________________ WHEREAS, N.J.S.A. 26:2D-84 requires local health departments in municipalities in which tanning facilities are located to certify that these facilities are in compliance with the safety standards established pursuant to section 3 of N.J.S.A. 26:2D-81 et seq., and are required to periodically inspect the facilities to ensure continued compliance with the standards; and WHEREAS, the City of Hackensack’s Department of Health has established and maintains a public health sanitation and safety program which ensures the registration and inspection of tanning facilities in Hackensack, and;  WHEREAS, the New Jersey Department of Health and Senior Services is making financial assistance available for local health departments to implement tanning facility registration and inspection programs and Hackensack qualifies for said assistance; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that Health Officer, John G. Christ is hereby authorized to make application to the New Jersey State Department of Health and Senior Services for participation in the Public Health Sanitation and Safety Tanning Facility Registration and Inspection Grant Program for the period of July 1, 2009 through June 30, 2009. Roll Call: Ayes – Labrosse, Meneses, Melfi, Sasso Absent: Townes NO. 254-09 OFFERED BY: MELFI SECONDED BY: MENESES _______________________________________________________________ NOW, THEREFORE, BE IT RESOLVED that United Water New Jersey Inc. is hereby requested to erect one (1) fire hydrant(s) at the following designated place, to be used for fire purposes only, in accordance with the Rules and Regulations of the Company, and its rates as set forth in its Schedule of Rates filed with the New Jersey Board of Public Utilities in Newark, NJ: (Hydrant #24-477-approximately 375 feet west from existing hydrant 24-311, Poor & Pleasantview) Roll Call: Ayes – Labrosse, Meneses, Melfi, Sasso Absent: Townes NO. 255-09 OFFERED BY: MELFI SECONDED BY: MENESES ________________________________________________________________ BE IT RESOLVED by the City Council of the City of Hackensack that the following liquor licenses be issued in the City of Hackensack, effective July 1, 2009 through June 30, 2010, applicants having complied with the ordinances of the City of Hackensack and any special conditions which may be determined by the City Council, and having paid the required fee: 0223-33-011-005 Yoshida Enterprises $ 1,250.00 21 Mercer Street Roll Call: Ayes: Labrosse, Meneses, Melfi, Sasso Absent: Townes NO. 256-09 OFFERED BY: MELFI SECONDED BY: MENESES BE IT RESOLVED that Resolution No. 204-09 adopted by the City Council on June 16, 2009 is hereby amended as follows: “The following individuals be appointed to the Planning Board as alternate members: Stephen Pace, 310 Elm Avenue, for a term to expire 12/31/09 and Robert Coles, 424 Sutton Avenue, for a term to expire 12/31/10. Roll Call: Ayes – Labrosse, Meneses, Melfi, Sasso Absent: Townes NO. 257-09 OFFERED BY: MELFI SECONDED BY: MENESES _______________________________________________________________ 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 $632.54 106 13 C00C1 A. Fox To replace current  ck #026971 dated 7-16-01 $100.00 106 13 C00C1 A. Fox To replace trust ck #001438 dated 7-16-01 Roll Call: Ayes- Labrosse, Meneses, Melfi, Sasso Absent: Townes NO. 258-09 OFFERED BY: MELFI SECONDED BY: MENESES _______________________________________________________________ WHEREAS, there exists in the City of Hackensack a need for the services of a licensed New Jersey Attorney who is qualified to serve as a temporary Judge for the Hackensack Municipal Court; 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, 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 for the Year 2009-2010 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 City Council through the City Manager are hereby authorized and directed to execute a one year contract with Vincent P. Trovini, Esq., 240 Frisch Court, Paramus, New Jersey 07652 to perform the position as temporary Judge for the Hackensack Municipal Court for a period of one year commencing August 1, 2009. (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 –Labrosse, Meneses, Melfi, Sasso Absent: Townes NO. 259- 09 OFFERED BY: MENESES SECONDED BY: MELFI ________________________________________________________________ WHEREAS, Orchard Street 2001, LLC is the owner and taxpayer of certain real property designated as Block 527, Lot 7, known as 110 Orchard Street; and WHEREAS, the taxpayer filed appeals to its 2005, 2006, 2007 and 2008 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessments were $3,732,300 for 2005 and 2006 and $7,604,900 for 2007 and 2008; 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. 54:51 A-8) which may be necessary to effectuate the settlement of litigation entitled “Orchard Street 2001, LLC v. City of Hackensack”, Docket Nos: 002985-2005; 003804-2006; 002203-2007 and 001580-2008 presently pending in the Tax Court of New Jersey, so that the assessments be reduced to $3,654,400 for 2005; $3,250,000 for 2006 and $7,125,000 for 2007 and 2008; 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, Melfi, Sasso Abstain: Labrosse Absent: Townes NO. 260- 09 OFFERED BY: MENESES SECONDED BY: MELFI ________________________________________________________________ WHEREAS, the Southland Corporation is the owner and taxpayer of certain real property known as Block 109.01, Lot 8, designated as 290 South Summit Avenue; and WHEREAS, the taxpayer filed appeals to its 2007 and 2008 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment is $1,024,400; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that 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. 54:51 A-8) which may be necessary to effectuate the settlement of litigation entitled “The Southland Corporation v. City of Hackensack”, Docket Nos: 001798-2007 and 001943-2008, presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $924,000 for 2007 and 2008; 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, Melfi, Sasso Abstain: Labrosse Absent: Townes NO. 261- 09 OFFERED BY: MENESES SECONDED BY: MELFI ________________________________________________________________ WHEREAS, 95 Zabriskie Street, LLC is the owner and taxpayer of certain real property known as Block 527, Lot 5.03, designated as 95 Zabriskie Street; and WHEREAS, the taxpayer filed appeals to its 2005, 2006, 2007 and 2008 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessments are $474,000 for 2005 and 2006 and $1,101,100 for 2007 and 2008; 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. 54:51 A-8) which may be necessary to effectuate the settlement of litigation entitled “95 Zabriskie Street, LLC v. City of Hackensack”, Docket Nos: 005315-2005; 005815-2006; 004018-2007 and 001576-2008 presently pending in the Tax Court of New Jersey, so that the assessments be reduced to $448,000 for 2005; $400,000 for 2006 and $875,000 for 2007 and 2008; 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, Melfi, Sasso Abstain: Labrosse Absent: Townes NO. 262- 09 OFFERED BY: MENESES SECONDED BY: MELFI ________________________________________________________________ WHEREAS, DAP Realty Co. is the owner and taxpayer of certain real property known as Block 76, Lot 52.01, designated as 87 Essex Street; and WHEREAS, the taxpayer filed appeals to its 2007 and 2008 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment is $775,800; 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. 54:51 A-8) which may be necessary to effectuate the settlement of litigation entitled “DAP Realty Co. v. City of Hackensack”, Docket Nos: 000951-2007 and 001076-2008 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $600,000 for 2007 and $550,000 for 2008; 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, Melfi, Sasso Abstain: Labrosse Absent: Townes  NO. 263- 09 OFFERED BY: MENESES SECONDED BY: MELFI ________________________________________________________________ WHEREAS, Wachovia Bank, N.A. is the owner and taxpayer of certain real properties designated as Block 523, Lot 1, designated as 706-708 Main Street; and WHEREAS, the taxpayer filed appeals to its 2007 and 2008 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment is $1,652,100; 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. 54:51 A-8) which may be necessary to effectuate the settlement of litigation entitled “Wachovia Bank v. City of Hackensack”, Docket Nos: 001755-2006 and 002019-2008, presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $1,176,000 for 2007 and 2008; 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, Melfi, Sasso Abstain: Labrosse Absent: Townes  NO. 264- 09 OFFERED BY: MENESES SECONDED BY: MELFI ________________________________________________________________ WHEREAS, Clinton Associates Co. is the owner and taxpayer of certain real properties designated as Block 408, Lot 6.A, known as 394 State Street; Block 408, Lot 9.A, known as 400 State Street and Block 408, Lot 11, known as 383-387 Main Street; and WHEREAS, the taxpayer filed appeals 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 are $161,000 for Block 408, Lot 6.A; $127,600 for Block 408, Lot 9.A and $1,650,000 for Block 408, Lot 11; 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 “Clinton Associates Co. v. City of Hackensack”, Docket Nos: 000417-2005 and 001089-2006, presently pending in the Tax Court of New Jersey, so that the assessments be reduced for 2005 and 2006 to $118,200 for Block 408, Lot 6.A; $93,600 for Block 408, Lot 9A and $1,213,000 for Block 408, 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, Melfi, Sasso Abstain: Labrosse Absent: Townes  NO. 265-09 OFFERED BY: MENESES SECONDED BY: MELFI ______________________________________________________________________ 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 profession 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: (1) The Mayor and Council of the City of Hackensack, through the City Manager, are hereby authorized and directed to retain the services of Raymond R. Wiss, Esq., Wiss & Bouregy, Three University Plaza, 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 – Labrosse, Meneses, Melfi, Sasso Absent: Townes NO. 266-09 OFFERED BY: MENESES SECONDED BY: MELFI ______________________________________________________________________ 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 profession 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: (3) The Mayor and Council of the City of Hackensack, through the City Manager, are hereby authorized and directed to retain the services of Thomas B. Hanrahan, Esq., T. Hanrahan & Associates, 80 Grand Avenue, River Edge, New Jersey, 07661, to perform the position as special litigation attorney for the City of Hackensack. (4) 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, Melfi, Sasso Abstain: Labrosse Absent: Townes NO. 267-09 OFFERED BY: MENESES SECONDED BY: MELFI ______________________________________________________________________ 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 profession 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:  (5) The Mayor and Council of the City of Hackensack, through the City Manager, are hereby authorized and directed to retain the services of Douglas V. Sanchez, Esq., Cruser, Mitchell & Sanchez, 1 Paragon Drive, Montvale, New Jersey, 07645, to perform the position as special litigation attorney for the City of Hackensack. (6) 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 – Labrosse, Meneses, Melfi, Sasso Absent: Townes NO. 268-09 OFFERED BY: MENESES SECONDED BY: MELFI ______________________________________________________________________ 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 profession 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: (7) The Mayor and Council of the City of Hackensack, through the City Manager, are hereby authorized and directed to retain the services of John L. Shahdanian, II, Esq., Chasan, Leyner & Lamparello, PC, 300 Harmon Meadow Boulevard, New Jersey, 07094, to perform the position as special litigation attorney for the City of Hackensack. (8) 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 – Labrosse, Meneses, Melfi, Sasso Absent: Townes NO. 269-09 OFFERED BY: MENESES SECONDED BY: MELFI ______________________________________________________________________ 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 profession 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: (9) The Mayor and Council of the City of Hackensack, through the City Manager, are hereby authorized and directed to retain the services of Michael J. Beatrice, Esq., M.J. Beatrice, P.C., 1 International Boulevard, Mahwah, NJ, 07430, to perform the position as special litigation attorney for the City of Hackensack. (10) 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 – Labrosse, Meneses, Melfi, Sasso Absent: Townes  NO. 270- 09 OFFERED BY: MENESES SECONDED BY: MELFI _______________________________________________________________ WHEREAS, bids were received for the Emergency Repairs and Maintenance of the Storm and Sanitary Sewer System; and WHEREAS, bids were received from J. Fletcher Creamer, Zuccaro Brothers, Inc., Colonelli Contractors and Montana Construction; NOW, THEREFORE, BE IT RESOLVED that the contract for the Emergency Repairs and Maintenance of the Storm and Sanitary Sewer Systems be awarded to Montana Construction for the contracted prices; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in account #9-01-201-26-311-311-204 of the current budget. Roll Call: Ayes – Labrosse, Meneses, Melfi, Sasso Absent: Townes NO. 271- 09 OFFERED BY: MENESES SECONDED BY: MELFI _______________________________________________________________ WHEREAS, bids were advertised to be received for the East Railroad Avenue Reconstruction Project; and WHEREAS, bids were received from AJM Contractors, Joseph Sanzari, Inc., Conquest Industries and B. Puntasecca Contractors, Inc. NOW, THEREFORE, BE IT RESOLVED that it is the recommendation from Boswell Engineering that the bid for the East Railroad Avenue Reconstruction Project be awarded to the low bidder, AJM Contractors, Inc., 71 Liberty Street, Passaic, New Jersey, 07055 at the contract price of $132,652.00; BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available from the Bergen County Community Development Fund Block Grant, purchase order #166942. Roll Call: Ayes – Labrosse, Meneses, Melfi, Sasso Absent: Townes