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«APPROVAL OF MINUTES February 22, 2013 ******************************************************************************************** ORDINANCE – ON ...»

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COUNCIL MEETING

AGENDA MARCH 19, 2013

APPROVAL OF MINUTES

February 22, 2013

********************************************************************************************

ORDINANCE – ON HEARING

#57-05 AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER VI,

ALCOHOLIC BEVERAGE CONTROL SHALL BE AMENDED AS

FOLLOWS: Section 4.1, Opening and Closing Hours (Amending the hours in which establishments can open on Sundays, liquor stores will open at 9am and bars will have the option to open at 10am) #57-06 AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER VI,

ALCOHOLIC BEVERAGE CONTROL SHALL BE AMENDED AS

FOLLOWS: Section 2.2, Classes and maximum number of licenses; license fees: Section 2.2(b) Plenary retail distribution licenses annual renewal fee $800.00. (Increasing the annual renewal fee from $700.00 to $800.00) #57-07 AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER VII, TRAFFIC, SHALL BE AMENDED AS FOLLOWS: Section 7-33 Handicapped Parking Regulations, 7-33.1A Handicapped Parking On-Street Name of Street # of Spaces Add: 515 E. Blancke Street 1 4 Clinton Street 1 #57-08 BOND ORDINANCE AUTHORIZING THE ACQUISITION OF

VARIOUS ITEMS OF CAPITAL EQUIPMENT FOR THE PUBLIC

WORKS DEPARTMENT APPROPRIATING $423,200.00 AND AUTHORIZING THE ISSUANCE OF $402,040.00 IN BONDS OR

NOTES TO FINANCE PART OF THE COST THEREOF.

Improvements Appropriations Estimated Notes Sewer Inspection Unit $200,000.00 $190,000.00 Bobcat All Purpose Machine $45,000.00 $42,750.00 Two Ford F250 Pickup Trucks $42,000.00 $39,900.00 #57-09 BOND ORDINANCE PROVIDING AN APPROPRIATION OF $60,000.00 FOR THE ACQUISITION OF ASPHALT AND AUTHORIZING THE ISSUANCE OF $57,000.00 IN BONDS OR

NOTES TO FINANCE PART OF THE COST.

#57-10 BOND ORDINANCE AUTHORIZING THE RESURFACING OF

VARIOUS STREETS AND COURTS AT LAWSON PARK

APPROPRIATING $680,000.00 AND AUTHORIZING THE ISSUANCE OF $646,000.00 IN BONDS OR NOTES TO FINANCE PART OF THE COST.

#57-11 BOND ORDINANCE AUTHORIZING THE ACQUISTION OF

PLAYGROUND EQUIPMENT FOR LAWSON PARK FOR THE

PUBLIC PROPERTY DEPARTMENT APPROPRIATING

$38,000.00 AND AUTHORIZING THE ISSUANCE OF $36,100.00

IN BONDS OR NOTES TO FINANCE PART OF THE COST.

#57-12 BOND ORDINANCE AUTHORIZING THE APPROPRIA

–  –  –

(***) TAX COLLECTOR:

(1) The amount of money collected during the month of January 2013 and

turned over to the treasurer’s office is as follows:

–  –  –

Therefore, it would be in order for the council to authorize the treasurer to issue a check in the amount of $4,700.00 payable to: US Bank/Cust-Pro Capital I, LLC, US Bank TLSG, 50 South 16th Street-Ste 1950, Philadelphia, PA 19102 charging same to account #3-01-55-276-999-956.

–  –  –

Therefore, it would be in order for the council to authorize the treasurer to issue a check in the amount of $8,900.00 payable to: Virgo Municipal Finance Fund, LP, 1441 Broadway, Suite # 5010, New York, NY 10018, charging same to account #-3-01-55-276-999-956.

–  –  –

Therefore, it would be in order for the council to authorize the treasurer to issue a check in the amount of $5,000.00 payable to: JNH Funding Corp., 90 Dayton Ave. Bldg. #6C Passaic, NJ 07055 charging same to account #3-01-55-276-999-956.

–  –  –

Therefore, it would be in order for the council to authorize the treasurer to issue a check in the amount of $2,000.00 payable to: Isaac Moradi, 520 Elm Street, Kearny, NJ 07032 charging same to account #3-01-55-276

–  –  –

Therefore, it would be in order for the council to authorize the treasurer to issue a check in the amount of $5,400.00 payable to: 33 Somerset Street, LLC Attention: Jimmy Shamah, 7 Riveredge Drive, Fairfield, NJ 07004 charging same to account #3-01-55-276-999-956.

–  –  –

Therefore, it would be in order for the council to authorize the treasurer to issue a check in the amount of $10,500.00 payable to: US Bank Cust. for Phoenix, 2 Liberty Place-TLSG 50 South 16th Street-Ste 1950, Philadelphia, PA 19102 charging same to account #-3-01-55-276-999Tax Sale Requesting the refund of the premium paid at the 2012 tax sale on the following block & lot.

–  –  –

Therefore, it would be in order for the council to authorize the treasurer to issue a check in the amount of $500.00 payable to: Amaco, 125 Rockey Blvd # 623, Bear, DE 19701, charging same to account #-3-01-55-276Tax Sale Requesting the refund of the premium paid at the 2011 tax sale on the following blocks & lots.

–  –  –

Therefore, it would be in order for the council to authorize the treasurer to issue a check in the amount of $6,000.00 payable to: US Bank Cust. For Tower DBW, 50 South 16th Street, Suite 1950-TOW, Philadelphia, PA 19102, charging same to account #-3-01-55-276-999-956.





Tax Sale Requesting the refund of the premium paid at the 2011 tax sale on the following block & lot.

–  –  –

Therefore, it would be in order for the council to authorize the treasurer to issue a check in the amount of $11,000.00 payable to: US BankCust/Sass Muni VI DTR, TLSG- 2 Liberty Place- 50 South 16th Street-Ste 1950, Philadelphia, PA 19102 charging same to account #-3-01-55-276Tax Court Block 435 Lot 10.4 & 10.05, USI II, LLC Judgment 1951 E. Linden Avenue Tax Court Docket #-003343-2010 (lot-10.4) & 001023-2011 (changed to lot 10.05) The above referenced property owners are entitled to a refund due to a Tax Court of New Jersey judgment reducing the assessment by $292,400.

for the tax year 2010 & $570,400. for 2011.

Therefore, it would be in order for the council to authorize the treasurer to issue a check in the amount of $47,066.63(15,523.51 + 31,543.12), payable to: USI II & Daniel G. Keough, Esq., 783 Springfield Avenue, Summit, NJ 07901, charging same to account #3-01-55-275-999-000.

Tax Court Block 580 Lot 12.03, Extra Space Properties Judgment 1800 Lower Road, Tax Court Docket #-001867-2009, 003345-2010 & 001026-2011 The above referenced property owners are entitled to a refund due to a Tax Court of New Jersey judgment reducing the assessment by 550,000 for the tax year 2009, 800,000 for 2010 & 1,000,000 for 2011.

Therefore, it would be in order for the council to authorize the treasurer to issue a check in the amount of $124,810.00(27,038.00+ 42,472.00 + 55,300.00), payable to: Extra Space Properties, LLC & Daniel G. Keough, Esq., 783 Springfield Avenue, Summit, NJ 07901, charging same to account #3-01-55-275-999-000.

Tax Sale Requesting the a consent agenda item from February 2013 council

meeting to be amended to reflect the following:

–  –  –

Tax Court Block 580 Lot 9 - SS Linden NJ, LLC Judgment Tax Court Docket #-003341-2010 The above referenced property owners filed a Tax Court of New Jersey judgment reducing the assessment by 745,500 for the tax year 2010, and per tax appeal law this needs to be applied to delinquent taxes for 2012, delinquent interest and delinquent penalties.

Therefore, it would be in order for the council to authorize the treasurer to issue a check in the amount of $39,578.59, payable to: City of Linden, Tax Collector, 301 N. Wood Avenue, Linden, NJ 07036, charging same to account #3-01-55-275-999-000.

(***) BOARD OF HEALTH:

(2) Advising that twenty one (21) certificates of occupancy were issued by the Linden Board of Health.

CITY CLERK’S OFFICE:

(***) Advising that permission has been received from the City Auditor’s and (3) the State Division of Archives and Records Management to destroy records that are no longer needed to be kept in accordance with the records management retention schedule. (2005 bank statements, cancelled checks, deposit slips, reg-25 sheets, resident copy of vitals, general internal/external correspondence and expired oath’s of office)

–  –  –

2013-128 Resolution authorizing the execution of a Professional Services Agreement with Jubilo Afonso, Esq., to serve as an Acting Public Defender in the Linden Municipal Court and shall be paid a fee of $350.00 per appearance, not to exceed $1,000.00.

2013-129 Resolution authorizing the execution of a Professional Services Agreement with Edward Cooper, Esq., to serve as an Acting Public Defender in the Linden Municipal Court and shall be paid a fee of $350.00 per appearance, not to exceed $1,000.00.

2013-130 Resolution authorizing the issuance of Tax Anticipation notes in an Amount not to exceed $14,000,000.00 for the fiscal year 2013.

2013-131 Resolution authorizing an amendment to the agreement with McManimon & Scotland, LLC to serve as special redevelopment counsel to represent the City in the various redevelopment matters pending in the City of Linden. Due to the ongoing nature of the services in this matter, there is a need for additional funds not to exceed $10,000.00 for legal services relative to the aforesaid matter.

Inclusive of these additional funds the total expenditures paid to date for services rendered under the original contract is $95,932.84.

2013-132 Resolution approving the award of a lease to ABA Equities, LLC for the property known as 384 North Wood Avenue, also known as Block 212, Lot 24.01 and a portion of lot 24.06. ABA Equities, LLC was the highest bidder at $5,350.00. (parking spaces behind Raymond Wood Bauer Promenade) 2013-133 Resolution approving the award of a lease to T & L Catering, Inc. for a portion of the property known as 12 North Stiles Street, (LEMS Building) also known as Block 321, Lot 4. T&L was the highest bidder at $2,201.00 per month for a term of 36 months.

2013-134 Resolution authorizing the execution of a discharge of mortgage for property known as 1019 Bergen Avenue. The residents entered into a mortgage through the City of Linden Neighborhood Preservation Program in the amount of $24,195.00. Said mortgage was paid in full or otherwise satisfied however, a discharge of mortgage was never filed with the County.

2013-135 Resolution authorizing a Shelter Agreement with the American Red Cross. In the event of an emergency or disaster, it may be necessary to render emergency services to individuals and families with the City.

Therefore, the ARC is granted permission to utilize certain Linden buildings and facilities, as agreed upon in the event of such emergency or disaster.

2013-136 Resolution approving a subordination of mortgage for property known as 628 Exeter Road. The City of Linden through the Neighborhood Preservation Program holds a perpetual lien on said property. The owner has sought to refinance their first mortgage and the City has requested to subordinate its mortgage into the new first mortgage.

2013-137 Resolution authorizing a Site Access Agreement with Hess Corporation for monitoring well installation and sampling at Wilson Park. (The sampling is needed to conduct environmental investigations associated with Hess Service Station at 117 W. St.

Georges Avenue.

2013-138 Resolution declaring violence a public health crisis and supporting Senate Bill S2430.

2013-139 Resolution approving the construction of Monmouth Avenue from Carnegie Street easterly in the City of Linden by Wawel Builders, LLC. Wawel Builders will pay for all costs related to the improvements.

2013-140 Resolution authorizing the execution of a discharge of mortgage for property located at 40 W. 15th Street. The City of Linden entered into a mortgage through the Neighborhood Preservation Program. Said mortgage has been paid in full therefore a discharge has been requested.

2013-141 Resolution authorizing certain payments made by the Municipal Treasurer during the month of February 2013 which did not appear on the claims list.

2013-142 Resolution approving the submission of a grant application and execute a grant agreement with the NJ Department of Justice for the Safe and Secure Communities Grant.

2013-143 Resolution honoring HATTIE BANNISTER on the occasion of her 108th Birthday.

2013-144 Resolution honoring Police Chief Salvatore Bivona upon the occasion of his retirement from the Linden Police Department.

2013-145 Resolution opposing the closure of the Woodbridge Developmental Center.

2013-146 Resolution authorizing an amendment to the contract with Jo-Med Contracting Corp., for the reconstruction of sanitary sewers on Rosewood Terrace. A Change Order in the amount of $14,939.56 is required to extend the project. Inclusive of these additional funds the total expenditures for said contract is $201,285.82.

2013-147 Resolution consenting to the transfer of the lease of Green Cab of Linden, LLC to Wayne E. Pohida and Louise Pohida. (Linden Train Station).

2013-148 Resolution authorizing a state contract purchase of playground receptacles from Ben Shaffer, and authorized vendor for the Department of Public Property and Community Services, in an amount not to exceed $56,080.50.

2013-149 Resolution authorizing the execution of an Extraordinary, Unspecifiable Services Agreement with Inservco Insurance Services, Inc., for third party administrator services for the Insurance Fund Commission for the year 2013 at a base fee of $28,000.00 per year.

2013-150 Resolution amending a contract with C&S Engineers for services related to the design of the airport infield drainage improvements.

The New Jersey Department of Environmental Protection requires an environmental assessment and it is necessary to provide for additional funds for permit fees in an amount not to exceed $6,734.00, which will be paid by a NJ Department of Transportation Grant and the Airport Operator.

2013-151 Resolution amending a resolution authorizing the filing of a Municipal Recycling Grant Application Form for the Year 2012.



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