City Council

The Regular Meeting of the City Council of the City of Hackensack was held at City Hall, 65 Central Avenue, Hackensack, New Jersey, on Tuesday, July 19, 2011 at 7:00 p.m. Mayor Meneses called the meeting to order and City Clerk, Debra Heck, stated: “In accordance with the Open Public Meetings Act, Chapter 231, Laws of 1975, adequate notice of this meeting was provided by sending a notice to The Record and the County Seat and by posting a copy on the Bulletin Board in City Hall.” Mrs. Heck called the roll: Present – Mayor Jorge E. Meneses, Deputy Mayor Michael R. Melfi, Councilwoman Karen K. Sasso, Councilman John P. Labrosse, Councilman Marlin G. Townes, City Attorney Joseph C. Zisa and City Manager Stephen Lo Iacono. Mayor Meneses asked everyone to stand for the flag salute. A motion was made by Councilman Melfi and seconded by Councilwoman Sasso to approve the minutes of the June 20, 2011, June 21, 2011 and June 30, 2011 meetings. Councilman Labrosse abstained from voting on the June 20, 2011 minutes due to absence. City Manager’s Report – Mr. Lo Iacono said that the Fourth of July celebration this year went extremely well with no problems. He said that a record breaking crowd had attended the festivities and said that he wanted to publicly thank all departments that were part of this. Mr. Lo Iacono also said that summer concerts are going on Tuesday nights, tonight and for the next four Tuesday nights on the Green at 7:30 p.m. Mr. Lo Iacono also said that with reference to 300 Prospect Avenue, it looks like they are about a month away from opening the upper level of the garage at which time the temporary entrance will be shut and normal traffic will be able to enter on Prospect. Mr. Lo Iacono advised that the Second Ward Park improvements are just about complete and that he hopes to be able to plan a dedication ceremony soon. Mr. Lo Iacono also announced that on August 8, 2011 the Boys and Girls Club will host their annual Summer Olympics which will begin at Carvel to the Lodi Club and there will be a whole week of activities. Mr. Lo Iacono spoke about a resolution on the docket this evening regarding a grant for a take control of your heart program and advised that only three communities throughout the state were picked to participate, Hackensack being one of them. The system will take care of scheduling people for their shots, process insurance information, etc. A motion was made by Deputy Mayor Melfi and seconded by Councilwoman Sasso to continue resolution no. 248-11 to the August 16, 2011 meeting. 7/19/11  NO. 248-11 OFFERED BY: SECONDED BY: ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 12-2011, AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 170, SECTION 64, OF THE CODE OF THE CITY OF HACKENSACK ENTITLED “SCHEDULE XV: PROHIBITED TURNS AT INTERSECTIONS” “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. 12-2011 entitled: AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 170, SECTION 64, OF THE CODE OF THE CITY OF HACKENSACK ENTITLED “SCHEDULE XV: PROHIBITED TURNS AT INTERSECTIONS” has passed its second and final reading and is hereby adopted. Roll Call - Ayes: NO. 249-11 OFFERED BY: TOWNES SECONDED BY: SASSO INTRODUCTION OF ORDINANCE NO. 15-2011, A BOND ORDINANCE PROVIDING FOR THE ACQUISITION OF VARIOUS EQUIPMENT AND VEHICLES FOR THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $1,040,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $988,000 BONDS OR NOTES OF THE CITY TO FINANCE ALL OR A PART OF THE COST THEREOF BE IT RESOLVED that the above ordinance, being Ordinance 15-2011 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 16, 2011 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, Townes, Sasso, Melfi, Meneses 7/19/11  NO. 250-11 OFFERED BY: SASSO SECONDED BY: LABROSSE ________________________________________________________________ BE IT Current Fund $558,012.66 RESOLVED by the City Council Escrow 34,039.55 of the City of Hackensack that Grants 34,389.92 the bills in the following Payroll 435,842.34 accounts be and are hereby Public Parking System 15,634.78 ordered paid: Capital 232,334.96 Trust Account 73,612.16 Roll Call: Labrosse, Townes, Sasso, Melfi, 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 including any exceptions and/or additions.” NO. 251-11 OFFERED BY: TOWNES SECONDED BY: SASSO ________________________________________________________________ WHEREAS, C.G.C.K Associates is the owner and taxpayer of certain real property known as Block 75, Lot 5, designated as 45 Essex Street; and WHEREAS, the taxpayer filed an appeal to its 2007, 2008 and 2009 real property tax assessment, which matters were settled by reducing the assessment from $3,150,000 to $2,150,000 for all years under appeal; and WHEREAS, Judgment was entered reducing the assessment for 2007, 2008 and 2009 to $2,150,000; and WHEREAS, the taxpayer seeks application of the Freeze Act [N.J.S.A.54:51A-8] based upon the Judgment assessment for 2009 of $2,150,000; and 7/19/11  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 be resolved by application of the Freeze Act; and WHEREAS, said resolution in the best interest of the City of Hackensack; and 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 Application For Judgment Pursuant to the Freeze Act (N.J.S.A. 54:51A-8), which may be necessary to effectuate the settlement of litigation entitled “C.G.C.K. v. City of Hackensack”, Docket Nos:010138-2007; 000148-2008 and 008721-2009, presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $2,575,000 for 2010; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a waiver of any interested payable on the refund to the taxpayer pursuant to N.J.S.A. 54:3-27.2 subject to the agreement between the parties that the refund is paid within 60 days of entry of the Judgment. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 252-11 OFFERED BY: TOWNES SECONDED BY: SASSO ________________________________________________________________ WHEREAS, Nilkanth, Inc. is the owner and taxpayer of certain real property known as Block 318, Lot 26 designated as 281 State Street; and WHEREAS, the taxpayer filed appeals to its 2007, 2008 and 2009 real property tax assessments, which matters are presently pending in Tax Court of New Jersey; and WHEREAS, the yearly assessment was $1,636,500; 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; and 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 “Nilkanth, Inc. v. City of Hackensack “, Docket Nos: 004385-2007; 007274-2008 and 009149-2009 presently pending in the Tax Court of New Jersey, so that the assessment be set as follows: ORIGINAL NEW ASSESSMENT ASSESSMENT (YEAR) $1,636,500 $1,350,000 (2007) $1,350,000 (2008) 7/19/11  $1,350,000 (2009) ;and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a waiver of any interest payable on the refund to the taxpayer pursuant to N.J.S.A. 54:3-27.2 provided that the refund is paid within 60 days of issuance of the Judgment by the Tax Court. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 253-11 OFFERED BY: TOWNES SECONDED BY: SASSO ________________________________________________________________ WHEREAS, Fred L. Novak, Jr. and Barnes, A&B, are the owners and taxpayers of certain real property known as Block 39.05, Lot 1 designated as 212 Hudson Street; and WHEREAS, the taxpayers filed appeals to their 2010 real property tax assessment which matter is presently pending in the Tax Court of New Jersey; and WHEREAS, the assessment for 2010 was $1,279,600; 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; and 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 “Fred L. Novak, Jr. and Barnes, A&B v. City of Hackensack”, Docket Nos: 005085-2010 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $936,000; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a waiver of any interest payable on the refund to the taxpayer pursuant to N.J.S.A. 54:3-27.2 provided that the refund is paid within 60 days after entry of the Tax Court Judgment. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 254-11 OFFERED BY: TOWNES SECONDED BY: SASSO ________________________________________________________________ WHEREAS, EWS Company is the owner and taxpayer of certain real property known as Block 33, Lot 12 designated as 260 Washington Street; and 7/19/11  WHEREAS, the taxpayer filed an appeal to its 2007 through 2010 real property tax assessment, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment was $565,000; 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; and 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 “EWS Company v. City of Hackensack”, Docket Nos: 020290-2010, presently pending in the Tax Court of New Jersey, so that the assessment for 2010 be reduced to $513,000 subject to the taxpayer’s withdrawal of its 2007, 2008 and 2009 appeals entitled “EWS Company v. City of Hackensack”, Docket Nos: 010558-2007; 01150-2008; 016625-2009. BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon full waiver of any interest payable to the taxpayer on the refund. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 255-11 OFFERED BY: TOWNES SECONDED BY: SASSO ________________________________________________________________ WHEREAS, Summit Manor Co. is the owner and taxpayer of certain real properties known as Block 245, Lot 2, designated as 442-463 Beech Street and Block 257, Lot 4, designated as 22-72 Berkshire Place; and WHEREAS, the taxpayer filed appeals to their 2007, 2008, 2009, and 2010 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the assessment for Block 245, Lot 2 was $10,756,700; and WHEREAS, the assessment for Block 247, Lot 4 was $12,548,200; and WHEREAS, upon review of information submitted, reductions appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney, Tax Appraiser and Tax Assessor that these matters should be settled; and WHEREAS, said settlement is in the best interests of the City of Hackensack; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the Tax Counsel be and he is hereby authorized and directed to execute any and all documents which may be necessary in order to 7/19/11 effectuate a settlement of litigation entitled “Summit Manor Co. v. City of Hackensack”, Docket Nos: 004378-2007; 003646-2008; 006091-2009 and 003923-2010 presently pending in the Tax Court of New Jersey, so that the assessments be set as follows: LOT/BLOCK PROPOSED ASSESSMENT-YEAR 245/2 $10,756,700 (2007) (441-463 Beech Street) $10,080,000 (2008) $ 9,660,000 (2009) $ 9,240,000 (2010) ; and BE IT FURTHER RESOLVED by the Mayor and Council of the City of Hackensack that the Tax Counsel be and he is hereby authorized and directed to execute any and all documents which may be necessary in order to effectuate a settlement of litigation entitled “Summit Manor Co. v. City of Hackensack”, Docket Nos: 004379-2007; 003662-2008; 006094-2009 and 003918-2010 presently pending in the Tax Court of New Jersey, so that the assessments be set as follows: LOT/BLOCK PROPOSED ASSESSMENT-YEAR 247/4 $12,548,200 (2007) (22-72 Berkshire Place) $12,000,000 (2008) $11,500,000 (2009) $11,000,000 (2010) ; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a waiver of any interest payable on the refund to the taxpayer pursuant to N.J.S.A. 54:3-27.2 subject to the agreement between the parties that refund is paid within 60 days after receipt by the City of the Tax Court Judgment by the municipality. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 256-11 OFFERED BY: TOWNES SECONDED BY: SASSO ________________________________________________________________ WHEREAS, the governing body of the City of Hackensack has been advised that an emergency affecting the safety and welfare of the citizens of the City of Hackensack and the general public did occur when Emergency Storm and Sanitary Repairs were needed at Spring Valley & Grand/North Main, 390 2 nd Street and 309 Vincent Street at the Crow’s Nest; and WHEREAS, the Project Manager notified the City Manager setting forth the circumstances regarding the emergency; and WHEREAS, the governing body is satisfied that an emergency exists and that immediate action is necessary to restore the aforementioned; and WHEREAS, the total cost of said repairs is $13,851.17, which was a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in Current account 1-01-26-311-311-204; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Hackensack that pursuant to N.J.S.A.40A: 11-6 which authorizes the 7/19/11 governing body to award contracts without benefit of public bidding in emergency situations and the vendor, Montana Construction Corp, Inc., 80 Contant Avenue , Lodi, New Jersey 07644, be paid therefore. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 257-11 OFFERED BY: TOWNES SECONDED BY: SASSO ________________________________________________________________ WHEREAS, Bids were received on May 26, 2011 for the Summer Food Service Program 2011; and WHEREAS, bids were received from Metropolitan Foods D/B/A Driscoll Foods, 174 Delawanna Avenue, Clifton, New Jersey 07014, Spotless Caterers Supply, Inc., 383 Minisink Road, Totowa, New Jersey 07512 and Nu-Way Concessionaires, Inc., 339-345 Bergen Avenue, Kearny, New Jersey 07032. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Hackensack that the contract for the Summer Food Service Program 2011 be awarded to Metropolitan Foods D/B/A Driscoll Foods, 174 Delawanna Avenue, Clifton, New Jersey 07014; at the contract price of $2.19 per lunch and $0.55 per snack; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds will be available in account G-02-11-910-000-000 of the Current Budget. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 258-11 OFFERED BY: TOWNES SECONDED BY: SASSO ________________________________________________________________ WHEREAS, statute N.J.S.A. 54:4-03.30 permits a 100% Disability deduction to be granted to qualifying property owners; and WHEREAS, an application must be in writing by the claimant and submitted on Form PTD to the Tax Assessor’s office supported with documents to substantiate all necessary qualifications; and WHEREAS, James L. Elder, residing at 277 Berry Street, Hackensack, New Jersey, having satisfied the above, determined to be a 100% disabled veteran declared by the Tax Assessor and is entitled to tax exemption at 100% to be prorated as of July 14, 2010, is entitled to receive a refund in the amount of: 2010 - $2,313.75 2011 - $2,618.00 $4,931.75 NOW, THEREFORE, BE IT RESOLVED, that the Tax Collector is directed to issue a refund on Block 340 Lot 21 assessed to James L. & Sarah V. Elder, in the amount of $4,931.75, MADE PAYABLE TO Wells Fargo Real Estate 7/19/11 Tax Service, LLC. for James L & Sarah V. Elder, to reflect the disabled veteran exemption for James L. Elder. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 259-11 OFFERED BY: TOWNES SECONDED BY: SASSO ________________________________________________________________ WHEREAS, statute N.J.S.A. 54:4-03.30 permits a 100% Disability deduction to be granted to qualifying property owners, WHEREAS, an application must be in writing by the claimant and submitted on Form PTD to the Tax Assessor’s office supported with documents to substantiate all necessary qualifications, WHEREAS, Nicolas Daleo, residing at 189 Herman Street, Hackensack, New Jersey, having satisfied the above, determined to be a 100% disabled veteran declared by the Tax Assessor and is entitled to tax exemption at 100% to be prorated as of June 01, 2011, is further entitled to receive a refund in the amount of $700.66. NOW, THEREFORE, BE IT RESOLVED, that the City of Hackensack is directed to issue a refund on Block 577 Lot 35 assessed to Nicholas & Diana P. Daleo, in the amount of $700.66 MADE PAYABLE TO Nicholas & Diana P. Daleo, to reflect the disabled veteran exemption for Nicholas Daleo; and said refund check is to be forwarded to the Tax Collector. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 260-11 OFFERED BY: TOWNES SECONDED BY: SASSO ________________________________________________________________ WHEREAS, Command Radio Comm, Inc., 319 Knickerbocker Avenue, Hillsdale, New Jersey, 07642 has been awarded the New Jersey State Contract No. 53764 for Portable Hand Held Radios; and WHEREAS, the City of Hackensack wishes to purchase Hand Held Radios for the Fire Department pursuant to the Local Public Contract Laws (N.J.S.A. 40A:11-12); and WHEREAS, the Fire Chief recommends and the Director of Purchasing agrees that the utilization of the contract represents the best price available and is in the best interest of the City of Hackensack; and NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack authorizes the purchase of the Portable Hand Held Radios from Command Radio Comm, Inc., 319 Knickerbocker Avenue, Hillsdale, New Jersey, 07642; and 7/19/11  BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that the funds will be available in Trust account T-03-56-850-823-801 for the contract of $13,712.35. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 261-11 OFFERED BY: TOWNES SECONDED BY: SASSO ________________________________________________________________ WHEREAS, Lawman Supply Company, 5521 White Horse Pike, Egg Harbor City, New Jersey, 08215 has been awarded the New Jersey State Contract No. A73992 for New Glocks (with trade ins); and WHEREAS, the Police Department of the City of Hackensack needs to purchase New Glocks (with trade ins) pursuant to the Local Public Contract Laws (N.J.S.A. 40A:11-12); and WHEREAS, the A.O.I.C. recommends and the Director of Purchasing agrees that the utilization of the contract represents the best price available and is in the best interest of the City of Hackensack; and NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack authorizes the purchase of the New Glocks (with trade ins) from Lawman Supply Company, 5521 White Horse Pike, Egg Harbor City, New Jersey, 08215; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that the funds will be available in Current account 1-01-25-240-240-262 for the contract of $12,311.90. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 262-11 OFFERED BY: TOWNES SECONDED BY: SASSO ________________________________________________________________ WHEREAS, Atlantic Tactical of New Jersey, Inc.,14 Worlds Fair Drive, Somerset, New Jersey, 08873 has been awarded the New Jersey State Contract No. A73994 for Monadnock Batons and Holders; and WHEREAS, the Police Department of the City Of Hackensack needs to purchase Monadnock Batons and Holders pursuant to the Local Public Contract Laws(N.J.S.A. 40A:11-12); and WHEREAS, the A.O.I.C. recommends and the Director of Purchasing agrees that the utilization of the contract represents the best price available and is in the best interest of the City of Hackensack; and NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack authorizes the purchase from Atlantic Tactical of New Jersey, Inc., 14 Worlds Fair Drive, Somerset, New Jersey, 08873; and 7/19/11  BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that the funds will be available in Current account 1-01-25-240-240-262 for the contract of $12,900.70 Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 263-11 OFFERED BY: TOWNES SECONDED BY: SASSO ________________________________________________________________ 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: 1968 Hackensack University Medical Center RA: 1969 St. Joseph’s RC Church RA: 1970 Padre Pio Academy HSA Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 264-11 OFFERED BY: TOWNES SECONDED BY: SASSO ________________________________________________________________ BE IT RESOLVED, by the City Council of the City of Hackensack that the proper officers be and are hereby authorized to make the following refunds for the reasons stated: AMOUNT BLOCK LOT NAME YEAR REASON $ 1,142.00 219 25,C001E Donna West 2011 Dup Pmt. 892.65 46.03 11 Michael A Vespasiano, Attorney Trust Account for 37 George St. Inc. 2009 SBJ 1,750.66 46.03 11 “ “ “ “ “ 2010 SBJ 9,358.56 100.01 3.01 The Irwin Law Firm, P.A., Attorney For Bergen Beverages Ptnrs et al 2010 SBJ 2,933.26 136.01 47 Law Office of Nathan P. Wolf, LLC And Howard Koval 2007 SBJ 17,918.87 206.01 16 Law Office of Nathan P. Wolf, LLC And 90 Main Rlty 1998 Marcus Assoc 2008 SBJ 21,142.18 206.01 16 “ “ “ “ “ 2009 SBJ 25,384.19 238.02 1 Law Office of Nathan P. Wolf, LLC And Howard F. Koval 2008 SBJ Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 265-11 OFFERED BY: TOWNES SECONDED BY: SASSO ________________________________________________________________ 7/19/11  WHEREAS, the governing body of the City of Hackensack has been advised that an emergency affecting the safety and welfare of the citizens of the City of Hackensack and the general public did occur and Emergency Storm and Sanitary Repairs were needed at 127 Meyer Street, Union and Passaic Street; and WHEREAS, the Project Manager notified the City Manager setting forth the circumstances regarding the emergency; and WHEREAS, the governing body is satisfied that an emergency exists and that immediate action is necessary to restore the aforementioned; and WHEREAS, the total cost of said repairs is $12,252.55, which was a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in Current account 1-01-26-311-311-204; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and 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 Corp, Inc., 80 Contant Avenue , Lodi, New Jersey 07644, be paid therefore. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 266-11 OFFERED BY: TOWNES SECONDED BY: SASSO ________________________________________________________________ WHEREAS, Mall Chevrolet, 75 Haddonfield Road, Cherry Hill, New Jersey, 08002 has been awarded the New Jersey State Contract No. A78763; and WHEREAS, the City of Hackensack wishes to purchase (2each) 2012 Chevy Tahoe’s (car 2 & 326), (1 each) 2012 Chevy Impala (car 315), (1 each) 2011 Chevy Tahoe (car 311) for the Fire Department pursuant to the Local Contract Laws (N.J.S.A. 40A:11-12); and WHEREAS, the Fire Chief recommends and the Director of Purchasing agrees that the Utilization of the contract represents the best price available and is in the best interest of the City of Hackensack; and NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack authorizes the purchase of these vehicles from Mall Chevrolet, 75 Haddonfield Road, Cherry Hill, New Jersey, 08002; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that the funds will be available in Uniform Fire Safety Act Trust Account T-03-56- 850-823-801 for the contract price of $108,552.25. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 267-11 7/19/11  OFFERED BY: TOWNES SECONDED BY: SASSO ________________________________________________________________ WHEREAS, General Sales Administration T/A Major Police Supply, 47 N. Dell Avenue, Kenvil, New Jersey, 07847 has been awarded the New Jersey State Contract No. A74011; and WHEREAS, the City of Hackensack wishes to install equipment of warning lights and console set ups on the following vehicles (2 each) 2012 Chevy Tahoe’s (car 2 & 326), (1 each) 2012 Chevy Impala (car 315), (1 each) 2011 Tahoe (car 311) for the Fire Department pursuant to the Local Public Contract Laws (N.J.S.A. 40A: 11-12); and WHEREAS, the Fire Chief recommends and the Director of Purchasing agrees that the utilization of the contract represents the best price available and is in the best interest of the City of Hackensack; and NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack authorizes the installation of this equipment to the Fire Department vehicles from General Sales Administration T/A Major Police Supply, 47N. Dell Avenue, Kenvil, New Jersey, 07847; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that the funds be available in Uniform Fire Safety Act Trust Account T-03-56-850- 823-801 for the contract price of $20,103.93. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 268-11 OFFERED BY: TOWNES SECONDED BY: SASSO ________________________________________________________________ WHEREAS, Atlantic Tactical of New Jersey, Inc.,14 Worlds Fair Drive, Somerset, New Jersey, 08873 has been awarded the New Jersey State Contract No. A73994; and WHEREAS, the City Of Hackensack wishes to purchase Tactical Equipment for the Police Department pursuant to the Local Public Contract Laws(N.J.S.A. 40A:11-12); and WHEREAS, the A.O.I.C. recommends and the Director of Purchasing agrees that the utilization of the contract represents the best price available and is in the best interest of the City of Hackensack; and NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack authorizes the purchase of Tactical Equipment for the Police Department from Atlantic Tactical of New Jersey, Inc., 14 Worlds Fair Drive, Somerset, New Jersey, 08873; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that the funds will be available in Trust account T-03-56-850-836-801 for the contract of $7,758.45. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 269-11 7/19/11 OFFERED BY: TOWNES SECONDED BY: SASSO ______________________________________________________________________ WHEREAS, All American Ford is the owner and taxpayer of certain real property designated as Block 510, Lots 4 and 8, known as 55 Hackensack Avenue; and WHEREAS, the taxpayer filed an appeal 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 assessments were $1,043,600 for Block 510, Lot 4 and $1,723,900 for Block 510, Lot 8; 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 the settlement of litigation entitled: “All American Ford v. City of Hackensack”, Docket Nos: 005296-2007; 001354- 2008; 000065-2009 and 001302-2010 presently pending in the Tax Court of New Jersey, so that the assessment be set as follows: BLOCK/LOT ASSESSMENT/YEAR 510/4 $ 1,043,600 2007 1,035,600 2008 1,025,600 2009 1,025,600 2010 510/8 $ 1,723,900 2007 1,364,400 2008 1,274,400 2009 1,174,400 2010 ; and BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a waiver of any interest payable on the refund to the taxpayer pursuant to N.J.S.A. 54:3- 27.2 subject to the agreement between the parties that the refund is paid within 60 days of entry of Judgment by the Tax Court. Roll Call: Ayes – Labrosse, Townes, Sasso, Melfi, Meneses NO. 270-11 OFFERED BY: TOWNES SECONDED BY: SASSO ________________________________________________________________ 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 Street Sweeper No. 265 needed repairs because it was inoperable; and WHEREAS, the Project Manager notified the City Manager setting forth the circumstances regarding the emergency; and WHEREAS, the cost of repairs was $5,039.30 which is fair and reasonable; and 7/19/11  WHERAS, the Chief Financial Officer has certified that funds are available in Account 0-01-26-300-302-272. NOW, THEREFORE, BE IT RESOLVED by the Mayor and 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 Timmerman Equipment Company, Route 22, Whitehouse, New Jersey, 08888, be paid therefore. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 271-11 OFFERED BY: TOWNES SECONDED BY: SASSO ________________________________________________________________ WHEREAS, the New Jersey Health Officers’ Association is the recipient of a Centers of Disease Control Emergency Response H1N1 grant to implement the Apollon Pubic Health Portal web-based flu clinic registration and vaccination scheduling program; and WHEREAS, the New Jersey Health Officers’ Association announced to all health departments an initiative to pilot test the system at three New Jersey sites; and WHEREAS, the City of Hackensack has established and maintains a program of recognized public health activities that are aimed at meeting Public Health Practice Standards for New Jersey Local Boards of Health including and influenza vaccination program; and WHEREAS, the Hackensack Health Department qualifies for the aforementioned pilot program and has been selected to participate in the Apollon Public Health Portal web-based flu clinic registration and vaccination scheduling program. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that John G. Christ, Health Officer of the City of Hackensack, is herby authorized to enter into a memorandum of agreement with the New Jersey Health Officers’ Association to participate in the aforementioned pilot program. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 272-11 OFFERED BY: TOWNES SECONDED BY: SASSO ________________________________________________________________ WHEREAS, Motorola/ESS, Inc., 15 Worth Street, South Hackensack, New Jersey, 07606 has been awarded the New Jersey State Contract No. 53804; and WHEREAS, the City of Hackensack wishes to install and remove radios from vehicles for the Fire Department pursuant to the Local Public Contract Laws (N.J.S.A. 40A: 11-12); and 7/19/11  WHEREAS, the Fire Chief recommends and the Director of Purchasing agrees that the utilization of the contract represents the best price available and is in the best interest of the City of Hackensack; and NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack authorizes the installation/removal of radios for the Fire Department from Motorola/ESS Inc., 15 Worth Street, South Hackensack, New Jersey, 07606; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that the funds will be available in Trust T-03-56-850-823-801 for the contract price of $4,897.50. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses NO. 273-11 OFFERED BY: TOWNES SECONDED BY: SASSO ________________________________________________________________ BE IT RESOLVED by the City Council of the City of Hackensack that Plenary Retail Distribution License No. 0223-44-033-004 issued to Rojas Wines and Liquors, Inc., 139 Hudson Street, Hackensack, New Jersey be transferred to Rameshver, Inc., 139 Hudson Street, Hackensack, New Jersey, effective this date. BE IT FURTHER RESOLVED that the applicant has complied with Sub- Chapter 7 of the New Jersey Administrative Code. Roll Call: Ayes – Labrosse, Townes, Sasso, Melfi, Meneses NO. 274-11 OFFERED BY: TOWNES SECONDED BY: SASSO ________________________________________________________________ WHEREAS, pursuant to an advertisement in The Record, qualifications were received April 5, 2011 for Grant Writing Services 2011 for the City of Hackensack; and WHEREAS, five qualifications were received from T&M Associates, Millennium Strategies, Wilson Scott Associates, MJP Land Use Planning, LLC., Bruno Associates, Inc., and NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Hackensack that the Grant Writing Services be awarded to Millennium Strategies, 60 Roseland Avenue, Caldwell, New Jersey, 07006, for the contract amount of $48,000.00; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds will be available in accounts 1-01-22-200-202-212 of the current fund for $48,000.00. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses 7/19/11  NO. 275-11 OFFERED BY: TOWNES SECONDED BY: SASSO ______________________________________________________________ WHEREAS, pursuant to an advertisement in The Record, bids were received on July 7th, 2011 for the Anderson Street Emergency Sewer Replacement; and WHEREAS, two bids were received from Montana Construction and J. Fletcher Creamer; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Hackensack that the bid for Anderson Street Emergency Sewer Replacement be awarded to J. Fletcher Creamer, 101 East Broadway, Hackensack, New Jersey, 07601, for the contract total base and alternate amount of $867,840; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that the funds will be available in accounts C-10-55-007-000-001 of the capital fund. Roll Call - Ayes: Labrosse, Townes, Sasso, Melfi, Meneses A motion was made by Councilwoman Sasso and seconded by Councilman Labrosse to open the meeting to the public. Regina DiPasqua, wished Mrs. Heck a happy birthday and said that today is her birthday too. She asked questions with reference to resolution no. 266 and 267 and questioned why the City is looking to hire H-COPS when their roster had just been reduced. Ms. DiPasqua also questioned why the new spray part of the Second Ward Park is not working yet and Mr. Lo Iacono said that it should be working any day now. She also said that kids are skateboarding in that park and that maybe when we get more H-COPS we can better protect that. Mr. Lo Iacono said that this is a serious issue and he has had a discussion with the police department regarding same. Debbie Labrosse, 18 Brook Street, spoke about the Esplanade Park and said that it looks really nice and that she is glad that people are enjoying it. Mrs. Labrosse also spoke about pending lawsuits and said that she had OPRA’d copies of resolutions appointing hearing officers but that none had been located. Mr. Zisa said that every hearing officer that applied was hired and Mrs. Labrosse said that there is nothing in writing. Mr. Zisa said that the entire Council had been notified however Mrs. Labrosse said that since a resolution had not been located, it is not possible to locate minutes for a meeting when this might have been discussed. Len Nix, spoke about a previous resolution for a forester. He also spoke about OPRA issues. Mayor Meneses advised him that he needs to request a document, not something that we need to make up. A motion was made by Deputy Mayor Melfi and seconded by Councilwoman Sasso to close the public portion of the meeting. Mayor Meneses announced that the concert on the Green would be starting in a few minutes. A motion was made by Deputy Mayor Melfi and seconded by Councilwoman Sasso to adjourn the meeting at 7:28 p.m. 7/19/11  _________________________________ Mayor Jorge E. Meneses _________________________________ Deputy Mayor Michael R. Melfi _________________________________ Councilwoman Karen K. Sasso _________________________________ Councilman Marlin G. Townes _________________________________ Councilman John P. Labrosse _____________________________ Debra Heck, City Clerk 7/19/11