City Council Resolutions, July 11, 2006

NO. 244

OFFERED BY: MENESES SECONDED BY: McAULIFFE

______

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, 2006 through June 30, 2007, applicants having complied with the ordinances of the City of Hackensack and paid the required fee:

0223-33-060-005 The Stealth LLC $1,250.00

164 Main Street

0223-33-055-006 Thai Chef Riverside 1,250.00

169 Riverside Square

0223-33-062-006 Green Grill, Inc. 1,250.00

450 Hackensack Avenue

0223-44-005-007 Jaynum, Inc. 940.00

450 Hackensack Avenue

0223-33-009-009 El Corso Corp. 1,250.00

Roll Call: Ayes – Melfi, Meneses, McAuliffe, Sasso

Absent - Townes

NO. 245

OFFERED BY: McAULIFFE SECONDED BY: MELFI ______

FINAL ADOPTION OF ORDINANCE 22-2006 ENTITLED “A BOND ORDINANCE PROVIDING FOR THE CONSTRUCTION OF A POLICE TRAINING FACILITY IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING $1,000,000. THEREFOR AND AUTHORIZING THE ISSUANCE OF $950,000. BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF.

Mayor Sasso: “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?”

Motion offered by Melfi and seconded by McAuliffe that there be a public hearing.

PUBLIC HEARING

Motion offered by Meneses and seconded by McAuliffe that the public hearing be closed.

BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance 22-2006 ENTITLED: “A BOND ORDINANCE PROVIDING FOR THE CONSTRUCTION OF A POLICE TRAINING FACILITY IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING $1,000,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $950,000 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREFOR” pass its second and final reading and is hereby adopted.

Roll Call: Ayes - Melfi, Meneses, McAuliffe, Sasso

Absent - Townes

NO. 246

OFFERED BY: MENESES SECONDED BY: McAULIFFE ______

FINAL ADOPTION OF ORDINANCE 23-2006 ENTITLED “AN ORDINANCE AMENDING CITY ORDINANCE 2-82 CHAPTER 170-49.2 ‘PARKING FOR THE HANDICAPPED’ TO INCLUDE THE SOUTH SIDE OF BROADWAY FROM A POINT 93 FEET EAST OF THE SOUTHEAST CURB LINE APEX OF BROADWAY AND GROVE STREET TO A POINT 20 FEET EAST THEREOF”.

Mayor Sasso: “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?”

Motion offered by McAuliffe and seconded by Meneses that there be a public hearing.

PUBLIC HEARING

Motion offered by Melfi and seconded by McAuliffe that the public hearing be closed.

BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance 23-2006 ENTITLED: “AN ORDINANCE AMENDING CITY ORDINANCE 2-82 CHAPTER 170-49.2 ‘PARKING FOR THE HANDICAPPED’, TO INCLUDE THE SOUTH SIDE OF BROADWAY FROM A POINT 93 FEET EAST OF THE SOUTH EAST CURB LINE APEX OF BROADWAY AND GROVE STREET TO A POINT 20 FEET EAST THEREOF ” pass its second and final reading and is hereby adopted.

Roll Call : Ayes - Melfi, Meneses, McAuliffe, Sasso

Absent - Townes

NO. 247

OFFERED BY: McAULIFFE SECONDED BY: MENESES ______

WHEREAS, there exists in the City of Hackensack a need for the services of a licensed New Jersey Attorney for the purpose of special counsel for products liability litigation; 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 The Bergen Record Newspaper, and proposals were received and reviewed for the aforementioned professional services for the year 2006 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 City Clerk be and they are hereby authorized and directed to execute a contract with Douglas M. Bern, Esq., Fort Lee Executive Park, One Executive Drive, Suite L-15, Fort Lee, New Jersey 07024 to perform the aforesaid services.

(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 and to publish a notice of this action once in The Record.

Roll Call: Ayes – Melfi, Meneses, McAuliffe, Sasso

Absent - Townes

NO. 248 OFFERED BY: MELFI SECONDED BY: McAULIFFE ______

WHEREAS, Hobart Assoc. is the owner and taxpayer of certain real property designated as Block 81, Lot 43 and known as 83 Hobart Street; and

WHEREAS, the taxpayer filed an appeal to its 2004 real property tax assessment which matter is presently pending in the Tax Court of New Jersey; and

WHEREAS, the yearly assessment is $623,400; and

WHEREAS, upon review of information supplied, 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, including requests for application of the Freeze Act (N.J.S.A. 54:51A-8); which may be necessary to effectuate the settlement of litigation entitled “Hobart Assoc. v. Hackensack”, Docket No: 005825-04, presently pending in the Tax Court of New Jersey, so that the assessment for 2004 shall be reduced to $450,000; and

BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a full waiver of any interest payable to the taxpayer on the refund.

Roll Call: Ayes – Melfi, Meneses, McAuliffe, Sasso

Absent - Townes

NO. 249

OFFERED BY: MELFI SECONDED BY: McAULIFFE ______

WHEREAS, Ellen Terrace Company is the owner and taxpayer of certain real property designated as Block 100.C, Lot 11, and known as 222 Ellen Terrace; and

WHEREAS, the taxpayer filed an appeal to its 2005 real property tax assessment, which matter is presently pending in the Tax Court of New Jersey; and

WHEREAS, the yearly assessment is $1,373,000; and

WHEREAS, upon review of information submitted, a reduction appears appropriate; and

WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that this matter should be settled; and

WHEREAS, said settlement is in the best interest of the City of Hackensack;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the Tax Counsel be and is hereby authorized and directed to execute any and all documents, including requests for application of the Freeze Act (N.J.S.A. 54:51A-8), which may be necessary to effectuate the settlement of litigation entitled ”Ellen Terrace Company v. City of Hackensack”, Docket No: 000441-05 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $1,080,000; and

BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a full waiver of any interest payable to the taxpayer on the refund.

Roll Call: Ayes – Melfi, Meneses, McAuliffe, Sasso

Absent - Townes

NO. 250

OFFERED BY: MELFI SECONDED BY: McAULIFFE ______

WHEREAS, Delmar Realty Co., Inc. is the owner and taxpayer of certain real property designated as Block 218, Lot 10 and known as 134-142 John Street; and

WHEREAS, the taxpayer filed an appeal to its 2004 real property tax assessment which matter is presently pending in the Tax Court of New Jersey; and

WHEREAS, the yearly assessment is $683,700; and

WHEREAS, upon review of information supplied, 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, including requests for application of the Freeze Act (N.J.S.A. 54:51A-8); which may be necessary to effectuate the settlement of litigation entitled “Delmar Realty Co., Inc. v. City of Hackensack”, Docket No: 007461-04, presently pending in the Tax Court of New Jersey, so that the assessment for 2004 be reduced to $500,000; and

BE IT FURTHER RESOLVED, that the foregoing settlement is predicated upon a full waiver of any interest payable to the taxpayer on the refund.

Roll Call: Ayes – Melfi, Meneses, McAuliffe, Sasso

Absent - Townes

NO. 251 OFFERED BY: MENESES SECONDED BY: McAULIFFE ______

WHEREAS, the City Council of the City of Hackensack, County of Bergen, State of New Jersey recognizes that the abuse of alcohol and drugs is a serious problem in our society amongst persons of all ages; and

WHEREAS, the City Council further recognizes that it is incumbent upon not only public officials but upon the entire community to take action to prevent such abuses in our community; and

WHEREAS, the City Council has applied for funding to the Governor’s Council on Alcoholism and Drug Abuse through the County of Bergen;

NOW, THEREFORE, BE IT RESOLVED that the City of Hackensack, County of Bergen, State of New Jersey hereby recognizes the following:

1.  The City Council does hereby authorize submission of an application for the Hackensack Municipal Alliance grant for calendar year 2007 in the amount of $35,000.

2.  The City Council acknowledges the terms and conditions for administering the Municipal Alliance grant, including the administrative compliance and audit requirements.

Roll Call: Ayes – Melfi, Meneses, McAuliffe, Sasso

Absent - Townes

NO. 252

OFFERED BY: McAULIFFE SECONDED BY: MELFI ______

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 reason

stated:

AMOUNT BLOCK LOT NAME YEAR REASON

$2,673.58 242.01 11 Clifford, James 2005 ERR PMT

1,627.00 556 98 Blumenthal, Steven 2003 “ “

$425.00 refund to Mrs. Marlene Drummond, 304 Elm Avenue for Summer Sports Camp..

$425.00 refund to Mrs. Cheryl Pasinski, 194 So. Main Street for Summer Sports Camp.

$700.00 refund to Mrs. Patsy Roberts/Robertson, 145 Clinton Place for Extended Day Summer Program.

$320.00 refund to Mrs. Abiola Acha, 203 Washington Avenue for Summer Theater Camp.

$425.00 refund to Mrs. Jane Orfali, 60 Spring Valley Avenue for Summer Sports Camp.

Roll Call: Ayes – Melfi, Meneses, McAuliffe, Sasso

Absent - Townes

NO. 253

OFFERED BY: McAULIFFE SECONDED BY: MENESES ______

BE IT RESOLVED by the City Council of the City of Hackensack that the Tax Collector be and is hereby authorized to transfer an overpayment of 2005 taxes in the amount of $2,148.00 on Block 449, Lot 17 to unpaid 4th quarter 2005 in the amount of $164.42 and $1,983.58 to unpaid 2006 taxes as per the property owner, Luis Rivas.

Roll Call: Ayes – Melfi, Meneses, McAuliffe, Sasso

Absent - Townes

NO. 254

OFFERED BY: MELFI SECONDED BY: McAULIFFE ______

WHEREAS, the Department of Community Affairs, Division of Community Resources is offering a Downtown Business Improvement Zone Loan for 2006; and

WHEREAS, the City of Hackensack has requested a loan through this program to supplement the current work of Municipal Lot “D” Improvement Plan in the form of new signage and parking meters; 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 aforementioned project is in the best interest of the citizens and business owners in the City of Hackensack.

NOW, THEREFORE, BE IT RESOLVED, that the governing body of the City of Hackensack hereby confirms endorsement of the aforesaid project; and

BE IT FURTHER RESOLVED that a copy of this resolution shall be sent to the New Jersey Department of Community Affairs, Division of Community Resources so that implementation of the aforesaid project may be expedited.

Roll Call: Ayes – Melfi, Meneses, McAuliffe, Sasso

Absent - Townes

NO. 255

OFFERED BY: McAULIFFE SECONDED BY: MENESES ______

BE IT RESOLVED by the City Council of the City of Hackensack that the Tax Collector be and is hereby authorized to transfer an overpayment of 2005 taxes in the amount of $2,295.67 on Block 351, Lot 113, COO45 to unpaid 2005 taxes on Block 351, Lot 113, COO47 as per the mortgage company, Washington Mutual.

Roll Call: Ayes – Melfi, Meneses, McAuliffe, Sasso

Absent - Townes

NO. 256

OFFERED BY: McAULIFFE SECONDED BY: MELFI ______

INTRODUCTION FOR AN ORDINANCE AMENDING CITY ORDINANCE 2-82 CHAPTER 170-49.2 “PARKING FOR THE HANDICAPPED”, TO INCLUDE THE NORTH SIDE OF MAPLE AVENUE FROM A POINT 331 FEET WEST OF THE NORTH WESTERLY CURB LINE OF PANGBORN PLACE TO A POINT 20 FEET NORTHWEST THEREOF.

BE IT RESOLVED that the above ordinance, being Ordinance 24-2006 as introduced as amended, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held on August 8, 2006 at 7:00 p.m. or as soon thereafter as the matter can be reached at the regular meeting place of the City Council and at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance and that the City Clerk be and she is hereby authorized and directed to publish said Ordinance according to law with a notice of its introduction and passage on first reading and of the time and place when and where said Ordinance will be further considered for final passage.

Roll Call: Ayes – Melfi, Meneses, McAuliffe, Sasso

Absent - Townes

NO. 257

OFFERED BY: McAULIFFE 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 Account $2,903,600.34

Capital Account 636,204.55

Trust Account 28,468.13

Public Parking System 13,795.96

Payroll Agency Account 244,119.10