City Council

NO. 336-10 OFFERED BY: SECONDED BY: ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 40-2010, A BOND ORDINANCE PROVIDING FOR THE RESURFACING OF VARIOUS ROADS IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING $270,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $256,500 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF “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. 40-2010 entitled: A BOND ORDINANCE PROVIDING FOR THE RESURFACING OF VARIOUS ROADS IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING $270,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $256,500 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF has passed its second and final reading and is hereby adopted. Roll Call - Ayes: NO. 337-10 OFFERED BY: SECONDED BY: INTRODUCTION OF ORDINANCE NO. 41-2010, AN ORDINANCE REAPPROPRIATING $200,000 PROCEEDS OF OBLIGATIONS NOT NEEDED FOR THEIR ORIGINAL PURPOSES IN ORDER TO PROVIDE FOR VARIOUS INTERNET AND COMMUNICATION UPGRADES AND VARIOUS IMPROVEMENTS REQUIRED FOR THE WATER STREET DRAINAGE PROJECT IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY.  BE IT RESOLVED that the above ordinance, being Ordinance 41-2010 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 23, 2010 at 8:00 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: NO. 338-10 OFFERED BY: SECONDED BY: INTRODUCTION OF ORDINANCE NO. 42-2010, A BOND ORDINANCE PROVIDING FOR THE PURCHASE OF A CHASSIS FOR A SEWER JET UNIT OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $110,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $104,500 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF BE IT RESOLVED that the above ordinance, being Ordinance 42-2010 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 23, 2010 at 8:00 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:  NO. 339-10 OFFERED BY: SECONDED BY: ________________________________________________________________ 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 $13,263,598.71 Grants 26,144.50 Escrow 11,453.59 Payroll 316,146.43 Self Insurance 83,938.01 Public Parking System 13,376.52 Capital 738,334.14 Trust Account 126,853.35 Roll Call - Ayes: NO. 340-10 OFFERED BY: SECONDED BY: _______________________________________________________________ WHEREAS, the governing body of the City of Hackensack has been advised that an emergency affecting the safety and welfare of the City of Hackensack and the general public did occur when a sewer line collapsed on the following streets and was rendered inoperable: 75 Clinton Place Kansas Street Berry Street Anderson Street 79 Newman Street 246 Third Street WHEREAS, the Project Manager notified the City Manager setting forth the circumstances regarding the emergency; and WHEREAS, the Governing Body is satisfied that an emergency did exist and that immediate action was necessary to restore the aforementioned sewer line to full operation; and  WHEREAS, the cost of the repairs was $37,712.01 (in total) which is fair and reasonable; and WHEREAS, the Chief Financial Officer has certified that funds are available in account 0-01-26-311-311-204. 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 Montana Construction, 80 Contant Avenue, Lodi, NJ 07644, be paid therefore. Roll Call - Ayes: NO. 341-10 OFFERED BY: SECONDED BY: _______________________________________________________________ WHEREAS, the City of Hackensack has, within its borders, some low- lying areas which are prone to flooding; and WHEREAS, one specific area, namely Water Street, located between Hudson Street and River Street, in the City of Hackensack, experiences a chronic flooding problem; and WHEREAS, the Mayor and City Council of the City of Hackensack recognize the need to address this problem; and WHEREAS, in order to alleviate this flooding problem, the City of Hackensack needs to obtain an easement through the property owned by Public Service Electric & Gas Company, by its agent, PSEG Services Corporation, a corporation of the State of New Jersey; and WHEREAS, the property is more commonly known as the “Hackensack Distribution Headquarters” facilities, affecting a portion of property known as Block 3907, Lots, 1, 2, and 5, in the City of Hackensack, County of Bergen, and State of New Jersey; and WHEREAS, Public Service Electric & Gas Company, through its agent, has agreed to grant an easement to the City of Hackensack for the amount of $1.00; and  WHEREAS, it is in the best interests of the residents in the City of Hackensack to obtain this easement. NOW, THEREFORE, BE IT RESOLVED that on behalf of the City Council of the City of Hackensack the Mayor of the City of Hackensack is hereby authorized to sign and execute any and all documents necessary to effectuate the acquisition of this easement from Public Service Electric & Gas Company, by its agent, PSEG Services Corporation, a corporation of the State of New Jersey. Roll Call - Ayes: NO. 342-10 OFFERED BY: SECONDED BY: _______________________________________________________________ WHEREAS, bids were received on August 8, 2010 for the HVAC Upgrade to the Johnson Public Library; and WHEREAS, the contract was awarded to AMCO Enterprises, Inc., 600 Swenson Drive, Kenilworth, NJ 07033; and WHEREAS, it is in the best interests of the residents of the City of Hackensack to rescind Resolution No. 299-10 based on the recommendations of the Municipal Counsel. NOW, THEREFORE, BE IT RESOLVED that Resolution No. 299-10 be rescinded it its entirety. Roll Call - Ayes: NO. 343-10 OFFERED BY: SECONDED BY: _______________________________________________________________ WHEREAS, bids were received on August 8, 2010 for the HVAC Upgrade to the Johnson Public Library; and  WHEREAS, bids were received from Bill Leary A/C & Heating a/k/a WHL Enterprises, Pennetta Industrial Automation, LLC, Air Group Heating & A/C, K&D Contractors, LLC, Reiner, All County Mechanical, State-Wide Heating & A/C t/a Comfort Plus, Inc., Envirocon, LLC, Gabe Sganga Inc., Kappa Construction Corp., and Amco Enterprises, Inc.; and WHEREAS, the Chief Financial Officer has certified that $228,700.00 will be available in the current budget. NOW, THEREFORE, BE IT RESOLVED that the contract for the HVAC Upgrade to the Johnson Public Library be awarded to Bill Leary A/C & Heating a/k/a/ WHL Enterprises, 6 Green Street, Metuchen, NJ 08840. Roll Call - Ayes: NO. 344-10 OFFERED BY: SECONDED BY: _______________________________________________________________ WHEREAS, NJS 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 Council of the City of Hackensack, in the County of Bergen, State of 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 calendar year 2010 in the sum of $17,000.00 which is now available from: Miscellaneous Revenues: Special Items of General Revenue Anticipated With Prior Written Consent of the Director of the Division of Local Government Services: State and Federal Revenues Off-set with Appropriations: 2011 Pedestrian Safety Grant in the amount of $17,000.00.  BE IT FURTHER RESOLVED that the like sum of $17,000.00 is hereby appropriated under the caption of: General Appropriations: (a) Operations Excluded from CAPS State and Federal Programs Off-Set by Revenues: 2011 Pedestrian Safety Grant-Other Expenses BE IT FURTHER RESOLVED, that the above is the result of funds from the State of New Jersey, Department of Law and Public Safety, Division of Highway Traffic Safety in the amount of $17,000.00. Roll Call - Ayes: NO. 345-10 OFFERED BY: SECONDED BY: _______________________________________________________________ WHEREAS, various Year 2010 bills have been presented for payment this year, which bills were not covered by Year 2010 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 $815,833.92 be made between the Year 2010 Budget Appropriations as detailed on the attached sheet: Roll Call - Ayes: NO. 346-10 OFFERED BY: SECONDED BY: _______________________________________________________________ WHEREAS, Jeffrey Beckham, Sanitation Worker, has requested a Leave of Absence without pay for three months under the Family Leave Act for personal and medical reasons; and  WHEREAS, City Manager Stephen Lo Iacono has determined that this employee be granted a Leave of Absence for three months, commencing October 18, 2010 and terminating January 21, 2011. NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Hackensack, that Jeffrey Beckham, Sanitation Worker, be granted a Leave of Absence for three months, without pay, as requested; and BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the employee’s pension system by the Chief Financial Officer. Roll Call - Ayes: NO. 347-10 OFFERED BY: SECONDED BY: _______________________________________________________________ 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 $ 2,148.07 33 3 Saleh, Salem 2010 CBJ 1,172.15 219 25,C002E Scott, Leon L. 2009 Duplicate pymt 1,205.90 222.01 1,C0165 Balasubramani, S. & Srividya, N 2010 CBJ 6,463.37 33 2 Michael A. Vespasiano, Attorney Trust Account, for 275-277 Hudson Street, LLC 2009 STB 2,328.30 67 24 Michael I. Schneck, Trustee for Stanley Lee 2007 STB 7,490.36 100.04 5 Michael I. Schneck, Trustee for Future Investments 2007 STB 4,439.34 59 8 Franklin Apartments, LLC C/O John R. Lloyd, Esq 2008 STB 5,785.58 59 8 “ “ “ “ 2009 STB 13,959.72 59 9 Franklin Apartments, LLC C/O John R. Lloyd, Esq 2008 STB 18,632.58 59 9 “ “ “ “ 2009 STB 11,454.44 75.01 5 Alan P. Spiniello Attorney Trust Account, as Attorney for C.G.C.K. Associates 2007 STB 12,070.33 75.01 5 “ “ “ “ 2008 STB 12,749.54 75.01 5 “ “ “ “ 2009 STB 1,692.28 77 19 FTA Realty LP C/O John R. Lloyd, Esq 2008 STB 3,824.93 77 26 FTA Realty LP C/O John R. Lloyd, Esq 2008 STB 20,844.18 100.01 3.02 Polifly Road Acquisition Corp. C/O John R. Lloyd, Esq 2008 STB 33,092.10 100.01 3.02 “ “ “ “ 2009 STB 35,825.15 121 23 Polifly Plaza C/O John R.Lloyd,Esq 2008 STB 4,244.67 128 58 Carrich Holding Co., LLC C/O John R. Lloyd, Esq 2007 STB 6,360.20 128 58 “ “ “ “ 2008 STB 8,711.60 128 58 “ “ “ “ 2009 STB 1,621.85 128 66 Carrich Holding Co., LLC C/O John R. Lloyd, Esq 2007 STB 3,701.21 128 66 “ “ “ “ 2008 STB 6,013.73 128 66 “ “ “ “ 2009 STB 39,004.00 232 28 Michael I. Schneck, Trustee for Rose Realty Co. of Hackensack,Inc. 2007 STB 51,586.20 232 28 “ “ “ “ “ 2008 STB 5,970.00 313 6 Michael I. Schneck, Trustee for 199 Main Associates 2007 STB 17,581.65 349 35 Michael I. Schneck, Trustee for Gibbs Limited Partnership 2007 STB 23,769.50 349 35 “ “ “ “ 2008 STB 4,221.79 402.01 28 Michael I. Schneck, Trustee for Astor Realty Corp #406 2009 STB 4,655.34 410 7.01 Anderson Apartments LLC C/O John R. Lloyd, Esq 2008 STB 6,246.30 410 7.01 “ “ “ “ 2009 STB 2,566.73 424 17.01 William F. Rupp, Esq, Attorney For GIHL Prop. LLC 2008 STB 6,498.81 424 17.01 “ “ “ “ 2009 STB 29,183.35 435 13 Michael I. Schneck, Trustee for Rose Realty Co. of Hackensack,Inc. 2007 STB 41,237.51 435 13 “ “ “ “ “ 2008 STB 3,958.11 436 1 Michael I. Schneck, Trustee for 138 Clinton Pl LLC 2007 STB 1,524.34 504.02 13.02 Lasser Hochman, LLC Trust Acct. Attorney for Dasa Company, LLC 2007 STB 12,091.30 504.02 13.02 “ “ “ “ 2008 STB 23,846.69 504.02 13.02 “ “ “ “ 2009 STB 20,128.85 511 11 Michael I. Schneck, Trustee for Stanley Lee 2007 STB 10,383.82 519 21 Brach Eichler LLC and Ishak, Bahgat H. & Trust 2007 STB 10,942.15 519 21 “ “ “ “ 2008 STB 18,684.11 519 44 Michael I. Schneck, Trustee for J & D Fairmount Ave. Assoc 2007 STB 1,876.82 526 16 Michael I. Schneck, Trustee for Fairmount Coal & Lumber Co. 2008 STB 1,982.43 526 16 “ “ “ “ 2009 STB 2,097.00 527 1 Michael I. Schneck, Trustee for Fairmount Coal & Lumber Co. 2008 STB 2,215.00 527 1 “ “ “ “ 2009 STB Roll Call - Ayes:  NO. 348-10 OFFERED BY: SECONDED BY: ________________________________________________________________ WHEREAS, The Sherbrooke Co-op, Inc. is the owner and taxpayer of certain real property known as Block 231, Lot 23, designated as 125 Prospect Avenue; and WHEREAS, the taxpayer filed appeals to its 2007, 2008 and 2010 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the assessment for the subject property is $31,902,400; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney, the Tax Appraiser 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 a settlement of litigation entitled: The Sherbrooke, Co-op, Inc. v. City of Hackensack”, Docket Nos: 004326-2007; 006410-2008 and 012786-2010 presently pending in the Tax Court of New Jersey, so that the assessment for 2007 and 2008 be retained at $31,902,400 and reduced to $24,000,000 for 2010; 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 -  NO. 349-10 OFFERED BY: SECONDED BY: ________________________________________________________________ WHEREAS, 481 Hackensack Avenue, LLP is the owner and taxpayer of certain real property known as Block 515, Lot 1, designated as 481 Hackensack Avenue; and WHEREAS, the taxpayer filed appeals to its 2004, 2007, 2009 and 2010 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the assessment for the subject property was $754,000 for 2004; and $1,626,800 for 2007, 2008, 2009 and 2010; 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 these matters 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 a settlement of litigation entitled: “Hackensack Avenue, LLP v. City of Hackensack”, Docket Nos: 006643-2004; 4333-2007; 10261-2009 and 004333 presently pending in the Tax Court of New Jersey, so that the assessment for 2004 be reduced to $650,000 and $1,300,000 for 2007, 2008, 2009 and 2010; 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 -  NO. 350-10 OFFERED BY: SECONDED BY: ________________________________________________________________ WHEREAS, 75 Essex Street Associates is the owner and taxpayer of certain real property designated as Block 76, Lot 53, known as 75 Essex Street; and WHEREAS, the taxpayer filed appeals to its 2007, 2008, 2009 and 2010 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment is $3,817,900; 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 these matters 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 a settlement of litigation entitled: “75 Essex Street Associates v. City of Hackensack”, Docket Nos: 010624-2007; 011293-2008; 003955-2009 and 002267-1010 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $3,300,000 for each year under appeal; 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 -