City Council

' The regular meeting of the City Council of the City ot Hackensack was held at City Hall, 65 Central Avenue, Hackensack, New Jersey, on Monday, September 21, 1992, at 8:00 P.M. The Mayor called the meeting to order and asked everyone to stand for the flag salute. The Mayor then asked the City Clerk to call the roll. Present: Mayor John F. Zisa, Deputy Mayor Sandra A. Robinson, Councilmen Mauro A. Mecca, Mark A. Stein and Roger B. Mattei, City'. I Attorney Richard E. Salkin, City Manager James S. Lacava and City, Clerk Doris L. Dukes Mrs. Dukes: "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 posting a copy on the Bulletin Board .in City Hall." The Mayor called for a motion to approve the minutes of the meetings held on September 8th and September 14, 1992. Motion offered by Mecca, seconded by Stein that the minutes b� approved as submitted. Carried unanimously. RESOLUTION #275 OFFERED BY: MATTEI SECONDED BY: ROBINSON WHEREAS, the City of Hackensack has received Change Order No. 4 from J. Fletcher Creamer & Son, Inc., which totals $21,162.13 to compensate them for additional supplemental items which they installed; and WHEREAS, the Chief Financial Officer has certified in writing that funds are available from Account No. 05-1185-0001, of the' Capital Account, Purchase Order No. 67460 dated September 14, 1990; I NOW, THEREFORE, BE IT RESOLVED that Change Order No. 4 issued by J. Fletcher Creamer & Son, Inc. is hereby approved. Roll Call: Ayes - Mecca, Robinson, Stein, Mattei, Zisa. RESOLUTION # 276 OFFERED BY: ROBINSON SECONDED BY: MECCA WHEREAS, Arial Rivera-Pinto, School Traffic Guard, is requesting' a three month Leave of Absence without pay due to maternity: and WHEREAS, James S. Lacava, City Manager, has determined that this1 employee be granted a three month Leave of Absence without pay commencing September 2, 1992; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City' of Hackensack that Arial Rivera-Pinto, School Traffic Guard, be· granted a three month Leave of Absence without pay effective' September 2, 1992, and terminating December 1, 1992; and BE IT FURTHER RESOLVED that a certified copy of this Resolution· be forwarded to the employee's pension system by the Chief Financial' I Officer. I Roll Call: Ayes - Mecca, Robinson, Stein, Mattei, Zisa. RESOLUTION # 277 OFFERED BY: STEIN SECONDED BY: MATTEI WHEREAS, Raymond Carnevale, Assistant Municipal Comptroller, is requesting a third one (1) year Leave of Absence without pay to: assume the unclassified position of Chief Financial Officer in this jurisdiction; and WHEREAS, James S. Lacava, City Manager, has recommended that this employee be granted a one (1) year Leave of Absence without pay, commencing June 4, 1992; NOW I THEREFORE I BE IT RESOLVED by the City Council of the City, of Hackensack that Raymond Carnevale, Assistant Municipal Comptroller, be granted a one (1) year Leave of Absence without pay effective June 4, 1992 and terminatina June 3, 1993� and  BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the employee's pension system by the Chief Financial Officer. Roll Call: Ayes - Mecca, Robinson, Stein, Mattei, Zisa RSOLUTION #278 OFFERED BY: MECCA SECONDED BY: ROBINSON BE IT RESOLVED by the City Council of the City of Hackensack I that the following organization be granted permission to conduct Raffles in accordance with applications on file in the Office of the City Clerk: RA:l363-1364-1365 Immaculate Conception School Parents Guild Roll Call: Ayes - Mecca, Robinson, Stein, Mattei, Zisa RESOLUTION #279 OFFERED BY: MATTEI SECONDED BY: MECCA WHEREAS, the New Jersey State Parole Board heard evidence recently concerning the parole of Thomas Trantino who is serving a life sentence for the murder of two Lodi Police Officers. in 1963; and WHEREAS, a parole of Thomas Trantino would be a miscarriage of justice as well as an insult to New Jersey's police officers, the general public and the common good; NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council opposes the parole of Thomas Trantino and urges that the State Parole Board reject any and all subsequent requests for his parole: and BE IT FURTHER RESOLVED that a copy of this resolution be sent to the New Jersey State Parole Board, Governor Florio and Attorney General Robert Del Tufo. Roll Call: RESOLUTION #280 Ayes - Mecca, Stein, Mattei, Zisa Abstained - -Robinson OFFERED BY: STEIN SECONDED BY: ROBINSON I WHEREAS, N.J. Revised Statutes 39:10A-l provides that the City has the right to sell at public auction all abandoned vehicles after due notice has been published in a newspaper five days previous to the date of the proposed sale; NOW, THEREFORE, BE IT RESOLVED that the afoiementioned vehicles listed in the advertisement to appear in The Record on Friday, September 25, 1992 and notification that they will be offered for sale by the City Manager or a designated representative at the public auction to be held at Polifly Towing, 67 Paterson Avenue, Wallington, New Jersey on Thursday, October 1, 1992, at 10:00 A.M. be and are hereby authorized to be sold. Roll Call: Ayes - Mecca, Robinson, Stein, Mattei, Zisa RESOLUTION #281 Amendment to the Capital Budget Section of the Annual Budget offered by Mecca, seconded Stein and unanimously carried is attached hereto and made a part hereof. RESOLUTION #282 OFFERED BY: MATTEI SECONDED BY: STEIN INTRODUCTION OF ORDINANCE NO. 13-92 ENTITLED: BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE CITY OF HACKENSACK, I IN THE COUNTY OF BERGEN / NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $280,000.00 THEREFOR AND AUTHORIZING THE ISSUANCE OF $250, 000.00 BONDS OR NOTES OF THE CITY TO FINANCE PART THE COST THEREOF".  �II BE IT RESOLVED that the above ordinance, being Ordinance No. 13-92, 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 Monday, October 5, 1992, at 8:00 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 tnat the City Clerk be and she is hereby authorized and directed to publish sb.id ordinance according to law with a notice of its introduction and I 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 Mecca� Robinson, Stein, Mattei, Zisa RESOLUTION # 283 OFFERED BY: MATTEI SECONDED BY: MECCA BE IT RESLOVED by the City Council of the City Hackensack that the bills in the following accounts be and are hereby order paid: Public Assistance Account II $ 11,770.08 General Account 1,245,320.91 Public Parking System Account 4,416.31 Capital Account 51, 894.19 S.U.I. Account 5,368.00 Payroll Agency Account 364,106.49 BE IT FURTHER RESOLVED that said bills are on file as a public record in the office of the Chief Financial Officer. Roll Call: Ayes - Mecca, Robinson, Stein, Mattei, Zisa I RESOLUTION # 284 OFFERED BY: STEIN ' SECONDED BY: MATTEI WHEREAS, a matter is being prosecuted by former Hackensack I Pol ice Sergeant Michael Edgerton, pursuant to claims arising un d er the Collective Bargaining Agreement between the City of Hackensack and P.B.A. Local 9, dated September 4th, 1990: and WHEREAS, the Attorney for Michael Edgerton and the Labor Attorney for the City of Hackensack have engaged in discussions concerning the possible settlement of this matter: and WHEREAS, a tentative settlement in the amount of $10,000.00 has been arrived at and has been recommended for approval to the Mayor and Council of the City of Hackensack: and WHEREAS, said settlement appears to be a cost-efficient disposition of this matter and, therefore, in the best interest 1 of the City of Hackensack: NOW I THEREFORE I BE IT RESOLVED by the Mayor and Counci1 of t.he City of Hackensack, New Jersey, as follows: 1. The Labor Attorney of the City of Hackensack be and hereby is authorized and directed to execute any and all documents necessary to effectuate the foregoing settlement: 2. Upon receipt of the appropriate documents including I any and all releases, the Labor Attorney shall notify the Chief Financial Officer who shall tender payment of the settlement proceeds as instructed by the Labor Attorney. Roll Call: Ayes - Mecca, Robinson, Stein, Matte!, Zisa. RESOULTION # 285 OFFERED BY: ROBINSON SECONDED BY: MECC� WHEREAS, Hillcrest Health Service System Inc. is the owner ·of certain property known as 56 Second Street, Hackensack, New Jersey: which property is scheduled for demolition: and WHEREAS, the City of Hackensack has requested permission from the property owner to conduct training exercises on said property on September 19th, 20th and 21st 1992, and said property owner consented therto; and WHEREAS, the property owner requested .that the City of Hackensack provide it with a written "Hold Harmless�, Agreement and the issuance of such an agreement is both necessary and appropriate; NOW, THEREFORE, BE IT RESOLVED b y the Mayor and Council of the City of Hackensack that the City Attorney be and hereby is authorized and directed to issue such a "Hold Harmlesss" Agreement in favor of I Hillcrest Health Service System Inc. for the Scheduled training exercises on September 19, 20 and 21, 1992; and BE IT FURTHER RESOLVED that said issuance of the Hold Harmless Agreement by the City Attorney is hereby authorized, approved and ratified as of the date of the issuance. Roll Call: Ayes Mecca, Robinson, Stein, Mattei, Zisa RESOLUTION # 286 OFFERED BY: MECCA SECONDED BY: . MATT�! WHEREAS, a number of matters involving Police Officer Catherine M. Elston are being prosecuted by Officer Elston 'and the City of Hackensack arising, in part, under the Collective Bargaining Agreement between P.B.A. Local 9 and the City of Hackensack, dated September 4th, 1990, as well as under the laws of the State of New Jersey; and WHEREAS, the Attorney for Catherine Elston and the City Attorney have engaged . in ongoing discussions to explore the possibility of reaching a. comprehensive settlement of all matters, both pending and potential, between the parties including a proceeding known as City of Hackensack and P.B.A. Local 9 AR-92-100 (Catherine Elston); and I WHEREAS, a tentative settlement has been achieved whereby police Officer Elston will receive the amount of $80,000.00, inclusive inclusive of any amounts potentially due to her under Article VII (vacation time), Article V ( sick leave), and Article XIX (injury leave) of the aforesaid Collective B�rgaining Agreement; and WHEREAS, the aforesaid settlement has been recommended to the Mayor and Council by the City Attorney as a fair and reasonable settlement of all matters, both pending and potential between the City of Hackensack and Catherine Elston, especially in light of the substantial legal fees which are likely to be generated in protracted litigation between the parties; and WHEREAS, said proposed settlement appears to be both cost effective and in the best interest of the City of Hackensack; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack, New Jersey, as follows: 1. The City Attorney is hereby authorized to execute and obtain any and all documents necessary to effectuate the afore-mentioned settlement of any and all matters between the City of Hackensack and Catherine Elston. 2. Upon his receipt of any and all necessary and I appropriate documents including releases and Stipulations of Dismissals with Prejudice, the City Attorney shall notify the Chief Financial Officer who shall tender payment of the settlement proceeds as instructed by the City Attorney. Roll Call: Ayes - Mecca, Robinson, Stein, Mattei, Zisa RESOLUTION # 287 OFFERED BY: ROBINSON SECONDED BY: MECCA BE IT RESOLVED by the City Councii of the City of Hackensack I New Jersey, that the Mayor be and hereby is, authorized to execute an  Agreement with F.E.S. P.A. of 885 Main Street, Hackensack,: New Jersey, for permission to locate a bus shelter partially upon the aforesaid property for use in �onnection with the authorized bus :stop located in front of £t1e property on the West side of Main Str'ee't, North of Willow Avenue. Sqid agreement shall contain language sufficient to hold and Property Owner harmless from claims or damages incurred in connection with th� use of the proposed bus shelter. ' Roll Call: Ayes Mecca, Robinson, Stein, Mattei, Zisa I RESOLUTION #288 OFFERED BY: STEIN SECONDED BY: ROBI.NSON WHEREAS, the City of Hackensack has been named as a Co-Defendant in a matter now pending in t�� Superior Court of New Jersey, bearing Docket No. BER-L-7150-91, -entitled Bob Blood vs Bergen Cdunty Narcotic Task Force, Et Al.: and · WHEREAS, as a result of pre-trial proceedings among the att rney °' for the Plaintif. f, the office of the Bergen County Counsel, and the , .� ! ... ' J City-Attorney/ �·proposed settlement has been achieved; and .... "' ... <-• I ... \ � - - � \. � j WHEREAS, the settlement calls for the payment by the City to the Plaintiff of $1, 500.00 and ·said settlement has been recommended to the Mayor and Council by the City Attorney and appears to be in the best interest of the City: NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack, New Jersey, as follows: 1. The City Attorney be and hereby is authorized and directed to execute any and all documents necessary to eff ectuat� the foregoing settlement: Upon receipt 2. of the appropriate documents, I including Releases and a Stipulation of Dismissal with Prejudice, the City Attorney shall notify the Chief Financial Officer who shall tender payment of the settlement proceeds as instructed by the City Attorney. Roll Call: Ayes - Mecca, Robinson, Stein, Mattei, Zisa. The City Clerk advised the Mayor that her Docket Mas completed. Mayor Zisa thanked her and asked the City Manager and c:ity Attorney if they had anything to report. They did not. The Mayor reported he received a letter regarding some of �he programs we've had. He mentioned the Chamber's Antique Car Show � nd a crafts show. He then asked the members of Council if they had anything, to report. Dr. Mecca voiced his concern regarding the children collecting money at the corner of Summit Avenue and West Pleasantivew Avenue without supervision. He said something needs to be done. The Mayor agreed there must be a better way and said perh:aps I they should be encouraged to collect funds some other ways. Mr. Stein said an attempt was made to have the collection: in question during the time Main Street was closed for the Antique Show but there was miscommunication. Mayor Zisa opened the meeting to the public for discussion: of City business. Dorothy Schwartz, 47 Prospect Avenue, spoke on the percent� ge she pays the landlord from her retirement income. She said the rents greatly exceed the CPI components. She said the City Council has the ability to lower rents and to eliminate the t�x surcharge. I Motion offered by Mecca, seconded by Stein that the public hearing be closed. Carried. COUNCILMAN MARK A. STEIN I COUNCILMAN MAURO A. MECCA co {lt,, �a-dit ; ATT - - ATTEST: CITY CL� I I  .· � RESOLUTION #281 �­ CAPITAL BUDGET AMENDf-rENT � ··. Whereas, the local capital budg e t for the year _1992 was adopted on the 13th day of July , 19R_; and, Whereas, i t is desired to amend said adopted capital budget section, Now, Therefore Be It Resolved, by the City Council of the City of Hackensack · ---- ' County of Bergen , that the following amendment( s ) to the adopted c a � l tal b u dg e t section or Annual Budqet be made: RECORDED VOTE ( MECCA ( (Inser t last n ames) AYES � ROBINSON NA YS ( ( NONE ABSTAIN NONE STEIN � MATTEI ( ( ABSENT NONE � ZISA CAPITAL BUDGET (Cur re n t Year Action) 1 9 9�- PLANNED FUNDING SERVICES FOR CURRENT YEAR 19 90 5 (d) 2 3 AMJlJNTS 5 (a) 5 (b) 5 (c) Grants in S(e) 6 1 PROJEx::T ESI'IllATED RESERVED IN 19_ Budget Capital Capital Aid and Debt BE FUNDED 'ID PROJB:T NUMBER 'IOTAL COST PRIOR YEARS A:Dorooriations Irnorovemen t Fund SUrolus Other Funds Authorized IN FUYURE YEARS ,., .- Various capitar··"--- ·" · Improvements .. $280,000.00 $ 30,000.0() $250,000.00. $ 30-,000.00 �250,000.00 :JTAL ALL PROJECTS $280,000.00 - YEAR CAPITAL PROGRAM 15 15 Anticipated PROJECT S c hed ule� and Funding Requirement 5 4 F'UNDilx:; AMJUNrS PER YEAR 2 3 Estimated Budget 1 Project Estimated Ccrnpletion Year PROJECT Numl::er Total, Cost . T:ilre 19 199� 19 19 19 19 19 - -- .. � · . - -Vartous-Capital- �--·�- .. ---.. --- ·· - - � - -- - -��=:·:: - - - ��::-.. ,.. :::-- __ - : :,..-_:!- ...._ ____ ____ .. -. . "' -� :: .... - --Impro'vements·.,., �=. =: -_· _ _ -. $280, ooo. o·o . s 280,-000.00_, � -1992 - · s 2so:,uqo .-qo $280,000.00 TOTAL ALL PROJECTS � I' -· C" .... \..._.:��-,:J \.-..TY • n-.TT .... _...._:;i r-t...,. ... __ TT-.1- r"l:\r\  ...� r' -- .: 6 Year Capital. Program __ � 1997 .: SUMMA.R Y OF ANTICIPATED FUNDING SOURCES AND AMOUNTS 3 7 BC.rrtT APPROPRIATICNS B:NlJS MID N:1l'Es 4 6 2 Capi tal 5 Grants in l Estimated Olrrent FUture !Irpmvarent capital Aid arxl Self Prom:T � COST Year 19. Years FUnd SU.rolus Other F\lnds General Liquidating Assessrent School Various capital ·s2so,ooo.oo $ 30,000.00 $250,000.00 .I!!lproveinents � $280,000.00 $ 30,000.00 $250,000.00 TOTAL ALL PROJLl:TS ..: Be it Further Resolved, that this complete amendment, in accordance with the provisions of NJAC 5:30-4.4(e) be publ ished in N A in the sue of , 19__ Be it Further Resolved, that two certified copies of this resolution be filed forthwith in the Office o f the Director of Local Government se·rvices. � ,. .· It is hereby certified th � this is a tru a resolution a mending the capital budget section adopted by the- governing body on the I o( day of , 19-- �� l Certified by me 7--�/ � - ol-!, /ff)._ -{D�'l'E)-' �L� �LE MUNIC RK TRENTON , .. NEW JERSEY APPROVED , 1.9 _ .. : �· ....:��; :...���-:,.�: �� . - ,..,_ --�-- �-- �· - _,. =·- -- .. - - -�--:.- .�- -�,; _".':.,. : - ...·::�.h " -�� ' �..,, ' - . . -� - ..... .