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FRUCHTER & ASSOCIATES, LLC Attorneys At Law 726 Boulevard, Suite 19, Kenilworth, New Jersey 07033 Phone: (908)241-2626 Fax: (908) 245-5800
Harvey Fruchter
Jared B. Weiss
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MEMO To:
Mayor Dawn Zimmer,
CC:
Council - Carol Marsh, David Mello, Elizabeth Mason,
Michael Russo, Mike Lenz, Nino Giacchi, Peter Cunningham, Ravinder S. Bhalla, and Theresa Castellano From: Harvey Fruchter Date: June 23, 2010 Municipal Garage
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Re:
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Honorable members of the governing body of the City of Hoboken, please accept this brief memorandum in response to the apparent open invitation expressed at your Council's public meeting yesterday with regard to alternate sites for the DPW Garage.
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As many of you may recall, my office represents Mile Square Towing, LLC. In said capacity, Councilman Lenz contacted me telephonically just prior to the initial City of Hoboken's RFP return date. The Councilman inquired about my clients relationships with prior towers and administrations. Shortly after the information was provided to the Councilman, he suggested that I have my client provide a submission to said solicitation. Mr. Lenz's request resulted in a diligent review of the obligations imposed upon my client, so as to insure that the LLC did not breach existing contractual duties and was still capable of meeting the reasonable expectations of the municipality. The unclear or otherwise vague requirements expressed in the RFP do to the broad scope of the solicitation made this impossible on a few days notice. Thereafter, my client was pleased that the Mayor directed opened the arena by an additional week during an investigation of the initial RFP. This extension provided a reasonable window of time to explore the feasibility of my client's participation. Undeniably, as Mr. Joseph Palluso expressed at your meeting, my client's location within your municipality is the most desirable in that the location is not only within your mile square city, it is in a industrial zone, the foundation for the mechanical lifts are already in place and the remainder of the floor is already covered with an impervious surface. Finally, based upon my review of the existing alternatives, Mile Square LLC had the ability to offer an immediate 1|Page
solution that also would be exceedingly efficient and frugal as the most cost effective solution to your urgent needs. My client does have one reservation before committing to the city to sublease a substantial portion of their enclosed garage/facility, which is utilized by Mile Square. The condition resulting in my client's indecision can and should be addressed at an open public meeting, but not before presenting it to the administration for a thorough review of the potential ramifications. Unfortunately, for whatever reasons, the attempts to clarify the easily rectified matters that inhibit Mile Square's inquiries did not result in any meaningful data by which we all could have benefitted.
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We plan to be at City Hall tomorrow (Thursday) at approximately 1:30 pm on Thursday, June 24, 2010 so as to once again seek an open line of communication with the administration and all of the elected officials.
Ho bo
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Ideally, the fruits of ours open discussions will result in a WIN WIN WIN. Mile Square will win, as will the governing body and of course the citizens of Hoboken who will find this heaven sent resolution not only to be reasonable but a material savings. Local government must not only be open to avoid the appearance of impropriety but also demands efficiency and frugality in it management.
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