NO. 398-07

OFFERED BY: MELFI SECONDED BY: MC AULIFFE

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FINAL ADOPTION OF ORDINANCE NO. 32-2007, “A BOND ORDINANCE PROVIDING A SUPPLEMENTAL APPROPRIATION OF $225,000 FOR IMPROVEMENTS TO VREELAND AVENUE IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY AND AUTHORIZING THE ISSUANCE OF $225,000 IN 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 Councilwoman Sasso and seconded by Councilman McAuliffe that there be a public hearing.

PUBLIC HEARING

Motion offered by Councilwoman Sasso and seconded by Councilman 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 No. 32-2007 entitled: “A BOND ORDINANCE PROVIDING A SUPPLEMENTAL APPROPRIATION OF $225,000 FOR IMPROVEMENTS TO VREELAND AVENUE IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY AND AUTHORIZING THE ISSUANCE OF $225,000 IN 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: Melfi, Townes, Sasso, McAuliffe, Meneses

NO. 399-07

OFFERED BY: SASSO SECONDED BY: MELFI

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INTRODUCTION OF ORDINANCE NO. 33-2007, AN ORDINANCE OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, AUTHORIZING CERTAIN BUSINESS ENTITIES NONEXCLUSIVE USE OF RIGHT-OF-WAYS FOR FIBER OPTIC TELECOMMUNICATION CABLES TO BE PLACED AND MAINTAINED IN, UPON, ALONG, ACROSS, ABOVE, OVER AND UNDER THE PUBLIC HIGHWAYS AND STREETS IN THE CITY OF HACKENSACK, POLES, WIRES, CABLES, UNDERGROUND CONDUITS, MANHOLES, AND FIBER OPTIC CABLES AND FIXTURES NECESSARY FOR THE MAINTENANCE AND OPERATION OF THE PROPOSED USE.

BE IT RESOLVED that the above ordinance, being Ordinance 33-2007 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 December 18, 2007 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, Townes, Sasso, McAuliffe, Meneses

NO. 400 - 07

OFFERED BY: TOWNES SECONDED BY: MELFI

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BE IT RESOLVED by the City Council of the City of Hackensack that the bills in the following accounts be and are hereby ordered paid:

Current Account $ 7,356,965.77

Grants $ 1,906.64

Payroll Agency Account $ 126,953.21

Public Parking System $ 11,598.64

Trust Account $ 15,970.00

Roll Call: Ayes – Melfi, Townes, Sasso, McAuliffe, 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.”

NO. 401 - 07

OFFERED BY: MC AULIFFE SECONDED BY: MELFI

WHEREAS, the Public Health Priority Funding Act of 1977 provides for participation of local health agencies and makes available financial aid to assist such agencies; and

WHEREAS, the City of Hackensack has established and maintains a program of recognized public health activities and meets the minimum standards of performance as prescribed by the Public Health Council in accordance with the laws of the State of New Jersey; and

WHEREAS, the Hackensack Health Department qualified for Public Health Priority Funding for the period of January 1, 2008 through December 21, 2008.

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 authorized to make application to the New Jersey State Department of Health and Senior Services for Public Health Priority Funding for the period of January 1, 2008 through December 31, 2008.

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

NO. 402 - 07

OFFERED BY: MC AULIFFE SECONDED BY: MELFI

BE IT RESOLVED by the City Council of the City of Hackensack that the Tax Collector is hereby authorized to transfer a homestead rebate issued in 2007 in the amount of $511.03 on Block 135.02 Lot 67 to 2008 unpaid property taxes as per the homeowner, Darryl Harris.

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

NO. 403 - 07

OFFERED BY: MC AULIFFE SECONDED BY: MELFI

WHEREAS, on November 20, 2007 Resolution #393-07 was passed granting a Leave of Absence to Juan Luis Mendez, Street Repairer, for personal medical reasons under the Family Leave Act, and

WHEREAS, the Resolution should have granted the Leave of Absence for personal reasons only.

NOW, THEREFORE BE IT RESOLVED that Resolution #393-07 is hereby corrected to reflect same.

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

NO. 404 - 07

OFFERED BY: MC AULIFFE SECONDED BY: MELFI

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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:

$10.00 Payment collected for White Good (Appliance) Pick Up Refund to: Ms. Lessie McMillan

163 Central Avenue

PO Box 421

Hackensack, NJ 07601

$10.00 Payment collected for White Good (Appliance) Pick Up

Refund to: Mary E. Jackson

195 High Street

Hackensack, NJ 07601

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

NO. 405 - 07

OFFERED BY: MC AULIFFE SECONDED BY: MELFI

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WHEREAS, the governing body of the City of Hackensack has been advised that an emergency affecting the welfare of the citizens of the City of Hackensack and the general public did occur when sewer lines collapsed on Krone Place and Fairmount Avenue, Dyatt Place and Overlook Terrace were rendered inoperable; 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 did exist and that immediate action was necessary to restore the aforementioned sewer lines to full operation; and

WHEREAS, the cost of the repair was $8,067.58, which was a fair and reasonable quotation; and

WHEREAS, the Chief Financial Officer has certified that funds are available in account #7-01-26-311-311-204 of the Current Budget, Purchase order #158647;

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 J. Fletcher Creamer & Son, Inc., 101 East Broadway, Hackensack, New Jersey 07601 be paid therefore.

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

NO. 406 - 07

OFFERED BY: MC AULIFFE SECONDED BY: MELFI

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WHEREAS, JRV Zito, is the owner and taxpayer of certain real property designated as Block 53, Lot 5 known as 75-79 Lodi Street; and

WHEREAS, the taxpayer filed appeals to its 2004, 2005 and 2006 real property tax assessments, which matters are pending in the Tax Court of New Jersey; and

WHEREAS, the yearly assessments are $ 434,300.00; and

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

WHEREAS, it is the recommendation of the Tax Attorney, 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 the settlement of litigation entitled “JRV Zito et al. v. Hackensack City”, Docket Nos: 006663-2004; 006442-2005 and 007153-2006 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $375,000.00 for 2004, 2005 and 2006; and

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

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

NO. 407 - 07

OFFERED BY: MC AULIFFE SECONDED BY: MELFI

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WHEREAS, Herbert Meyer, is the owner and taxpayer of certain real property designated as Block 229, Lot 11 known as 70-72 First Street; and

WHEREAS, the taxpayer filed appeals to its 2004, 2005 and 2006 real property tax assessments, which matters are pending in the Tax Court of New Jersey; and

WHEREAS, the yearly assessments are $ 375,000.00; and

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

WHEREAS, it is the recommendation of the Tax Attorney, 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 the settlement of litigation entitled “Herbert Meyer v. Hackensack City”, Docket Nos: 006655-2004; 006449-2005 and 007074-2006 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $275,000.00 for 2004, 2005 and 2006; and

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

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

NO. 408 - 07

OFFERED BY: MC AULIFFE SECONDED BY: MELFI

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WHEREAS, Super Value, is the owner and taxpayer of certain real property designated as Block 234.B, Lot 1 located on American Legion Drive and First Street; and

WHEREAS, the taxpayer filed appeals to its 2004, 2005 and 2006 real property tax assessments, which matters are pending in the Tax Court of New Jersey; and

WHEREAS, the yearly assessments are $ 175,000.00; and

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

WHEREAS, it is the recommendation of the Tax Attorney, 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 the settlement of litigation entitled “Super Value Inc. v. Hackensack City”, Docket Nos: 006660-2004; 006466-2005 and 007088-2006 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $145,000.00 for 2004, 2005 and 2006; and

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

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

NO. 409 - 07

OFFERED BY: MC AULIFFE SECONDED BY: MELFI

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WHEREAS, Gertrude F. Zink, is the owner and taxpayer of certain real property designated as Block 228, Lot 26 known as 199 Lee Place; and

WHEREAS, the taxpayer filed appeals to its 2004, 2005 and 2006 real property tax assessments, which matters are pending in the Tax Court of New Jersey; and

WHEREAS, the yearly assessments are $ 391,100.00; and

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

WHEREAS, it is the recommendation of the Tax Attorney, 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 the settlement of litigation entitled “Gertrude F. Zink v. Hackensack City”, Docket Nos: 006662-2004; 006370-2005 and 007152-2006 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $280,000.00 for 2004, 2005 and 2006; and

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

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

NO. 410 - 07

OFFERED BY: MC AULIFFE SECONDED BY: MELFI

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WHEREAS, Widad Rafla, is the owner and taxpayer of certain real property designated as Block 419, Lot 31 known as 75-81 Anderson Street; and

WHEREAS, the taxpayer filed appeals to its 2004, 2005 and 2006 real property tax assessments, which matters are pending in the Tax Court of New Jersey; and

WHEREAS, the yearly assessments are $ 400,000.00; and

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

WHEREAS, it is the recommendation of the Tax Attorney, 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 the settlement of litigation entitled “Widad Rafla v. Hackensack City”, Docket Nos: 006656-2004; 006455-2005 and 007081-2006 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $350,000.00 for 2004, 2005 and 2006; and

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

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

NO. 411 - 07

OFFERED BY: MC AULIFFE SECONDED BY: MELFI

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WHEREAS, John Sara & Co, Ltd, is the owner and taxpayer of certain real property designated as Block 528, Lot 6 known as 50 Voorhis Lane; and