City Council

/6 T.he Regular Meeting of the City Council of the City of Hackensack, was held at City Hall, 65 Central Avenue, Hackensack, New Jersey, Monday, February 1, 1993. The Mayor called the meeting to order at 8:20 P. M. and requested everyone 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 Mark A. Stein, Mauro A. Mecca and Roger B. Mattei, City t Attorney Richard E. Sal kin, City Clerk Doris L. Dukes and City Manager James S. Lacava 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 of same on the Bulletin Board in City Hall". City Manager Lacava introduced Christine Malatino as the new Court Administrator, stating that she was highly recommended by both Julie Beech, retired Court Administrator and Judge Dinice. He said Ms. Malatino is a graduate of Seton Hall. He wished her many years of success with the City. Mayor Zisa congratulated Christine and said he was sure she would do well. Mayor Zisa called for a motion to approve the minutes of the meetings held January 19, 1993. Motion offered by Mattei, seconded by Stein that the minutes be approved as submitted. Roll Call: Ayes - Mecca, Stein, Mattei, Zisa Abstained - Robinson I RESOLUTION #22 OFFERED BY: STEIN SECONDED BY: WHEREAS, Wu Ke Cheng is owner of individual real property known as Block 219, Lot 3 located at 114 Sussex Street; and ROBINSON WHEREAS, the taxpayer has filed an appeal to its 1991 real property tax assessment, which matter is presently pending in the Tax Court of New Jersey WHEREAS, the total yearly assessment for the subject premises is $127,000; and WHEREAS, upon review of information submitted, a reduction appears appropriate: and WHEREAS, it is the recommendation of the Tax Attorney, and the 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 he is hereby I authorized and directed to execute any and all documents which may be necessary in order to effectuate a settlement of litigation entitled "Wu Ke Cheng vs. City of Hackensack", Docket No. 7349-92 presently pending in the Tax Court of New Jersey, so that the total assessment as set forth above be reduced to $85,500 for 1991: and BE IT FURTHER RESOLVED I that the foregoing settlement is predicated upon a full waiver of any interest payable to the taxpayer on the refund. Roll Call: Ayes - Mecca, Robinson, Stein, Mattei, Zisa RESOLUTION #23 OFFERED BY: MECCA SECONDED BY: !ROBINSON I. WHEREAS, Romany Corp. is owner of individual 1rea ] property known as Block 435, Lot 21E located at 145-153 Clinton Place; and WHEREAS, the taxpayer has filed an appeal to its; 1991 and 1992 real property tax assessment, which matter· is presently pending in the Tax Court of New Jersey WHEREAS, .the total yearly assessment for the subject premises is $2,876,800; and I WHEREAS, upon review of information submitted, a :reduction appears appropriate; and ' WHEREAS, it is the recommendation of the Tax Attdrney, Tax 1 Appraiser and the Tax Assessor that this matter should be settled; and WHEREAS, said settlement is in the best interest o� the City of Hackensack; I NOW, THEREFORE, BE IT RESOLVED by the Mayor a�d C�uncil of the City of Hackensack that the Tax Counsel be and• he i s hereby authorized and directed to execute any and all documents which may be necessary in order to effectuate a s�tt}ement of litigation entitled "Romany Corp. vs. City of Hackensac�", Docket Nos. 02-23-2669-91D and 02-23-05852-92D presently pendi� g in the Tax Court of New Jersey, so that the total assessment as set forth above be reduced to $2,450,000 for 1991 and 1992; 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 - Mecca I Robinson I Stein I Mattei I z1isa RESOLUTION #24 OFFERED BY: MECCA SECONDED BY: WHEREAS, Romany Corp. is owner of individual real property known as Block 435, Lot 21D located at 80 Clarendon Plac�; and ROBINSON I WHEREAS, the taxpayer has filed an appeal to its' 1991 and 1992 real property tax assessment, which matter is presently pending in the Tax Court of New Jersey WHEREAS, the total yearly assessment for the subject premises is $1,379,000; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney, Tax Appraiser and the 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 I the City of Hackensack that the Tax Counsel be and he is hereby authorized and directed to execute any and all documents which may be necessary in order to effectuate a settl�ment of litigation entitled "Romany Corp. vs. City of Hackensack", Docket Nos. 02-23-8670-91D and 02-23-05850-92D presently pending in the Tax Court of New Jersey, so that the total assessment as set forth above be reduced to $1,180,000 for 1991 and 1992; and ' BE IT FURTHER RESOLVED that the foregoing settl.ement is predicated upon a full waiver of any interest payable to the taxpayer on the refund. Roll Call: Ayes - Mecca, Robinson, Stein, Mattei, Zisa  IJ' RESOLUTION #25 OFFERED BY: STEIN SECONDED BY: MATTEI WHEREAS, the City of Hackensack and the Borough of River Edge have heretofore entered into an agreement for cooperation between the Fire Departments of the two municipalities: and WHEREAS, said agreement is due for renewal: and WHEREAS, the Fire Chief has recommended that said agreement be renewed: I NOW I THEREFORE I BE IT RESOLVED by the City Counci 1 of the City of Hackensack that the Mayor and City Clerk be and are hereby authorized and instructed to execute and deliver a renewal of said agreement on behalf of the City of Hackensack. Roll Call: Ayes - Mecca, Robinson, Stein, Mattei, Zisa RESOLUTION #26 OFFERED BY: MECCA SECONDED BY: MATTEI WHEREAS, it is the wish of the City of Hackensack to conform with Chapter 119, Laws of 1973, N. J. S. A. 54: 3-14 governing Reg. 18: 12A-l. 6, which deals with petitions of appeal: and WHEREAS, the Bergen County Board of Taxation shall not accept, for filing, any petitions of appeal by the taxing district unless the petition is accompanied by a certified copy of a resolution of the governing body authorizing the appeal: and WHEREAS, upon continuing review of the tax list it may become apparent that inequities may exist or errors may have been made, which will require correction by appeal to the Bergen County Board of Taxation: NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of I the City of Hackensack that they hereby authorize the Tax Collector and/or the City Attorney and/or City Tax Attorney to execute petition of appeal by the City of Hackensack to the Bergen County Board of Taxation in any and all cases where inequities or errors may exist for the tax year 1993 and further authorize the Tax Collector and/or City Attorney and/or City Tax Attorney to take any and all actions that may be required to prosecute same to the final determination. Roll Call: Ayes - Mecca, Robinson, Stein, Mattei, Zisa RESOLUTION #27 OFFERED BY: MECCA SECONDED BY: STEIN WHEREAS, a, Bergen County Community Development Grant of $40,000. 00 has been proposed by Bergen County Community Housing in Partnership, Inc. (CHIP) to partially pay the personnel costs of administering its Housing Development Program in the City of Hackensack: and WHEREAS, pursuant to the State Interlocal Services Act, Community Development funds may not be spent in a municipality without authorization by the Mayor and Council: and WHEREAS, the aforesaid project is in the best interest of I the people of Bergen County; and WHEREAS, this resolution does not obligate the financial resources of the municipality and is intended solely to expedite expenditure of the aforesaid Community Development funds: NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack hereby confirm endorsement of the aforesaid project; and BE IT FURTHER RESOLVED that a copy Of this resolution shall be sent to the Director of the Bergen County Community Development Program so that implementation of the aforesaid project may be expedited. Roll Call: Ayes - Mecca, Robinson, Stein, Mattei, Zisa rr RESOL.UTION #28 OFFERED BY: STEIN SECONDED BY: ROBINSON ' WHEREAS, Price Club is constructing a 124,725 sq. tt. retail building at 76 South River Street in the City of Hackensack; and WHEREAS, it is necessary that the developer of this project obtain from the Department of Environmental Protection a Sewer Extension Permit (CP-1) ; and WHEREAS, pursuant to statute, it is required that the municipality certify that the project is in conformanc� with the I requirements of all municipal ordinances and that the governing body of the municipality approves of the project as proposed by the appl�cant and that the City does not object to the application of a Sewer Extension Permit; 1 NOW, THEREFORE, BE IT RESOLVED that the City of Hackensack hereby authorizes the Mayor to sign the CP-1 endorsement on behalf of the municipality approving the project as proposed by the developer. BE IT FURTHER RESOLVED that no construction permits be issued until all permit applications required by any Department or Division of the State of New Jersey have been approved. Roll Call: Ayes - Mecca, Robinson, Stein, Mattei, Zisa RESOLUTION #29 OFFERED BY: MATTEI SECONDED BY: MECCA BE IT RESOLVED by the City Council of the City of H�ckensack that the proper officers be and are hereby authorized to make the following refunds for the reasons stated: $880. 20 to Aleyamma Abraham, representing 1992 taxes paid in error on Block 219, Lot 25-lF $854. 00 to First Fidelity Bancorporation, representing 1992 taxes paid in error on Block 452, Lot 72 $767. 51 to Samuel H. Grimes, representing 1992 taxes. paid in I error on Block 541, Lot l-7B $707. 16 to Kenneth o. Wright, Jr. , representing overpayment of real estate taxes for 1992 due to property owner being declared a 100% permanently and totally disabled veteran $32,110. 84 to Anthony Palmeri, representing overpayment of 1992 taxes Bl. 232, L. 2 due to STB (to be paid from Bond/Notes issued) $1,150. 00 to Div. of Consumer Affairs, Office of Weights & Measures representing fines paid by Grand Union to the Court instead of the State, for over weighing Roll Call: Ayes - Mecca, Robinson, Stein, Mattei, Zisa RESOLUTION #30 OFFERED BY: STEIN 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 a Raffle in accordance with application on file in the Office of the City Clerk: RA:l386 Spectrum for Living Roll Call: Ayes - Mecca, Robinson, Stein, Mattei, Zisa  RESOLUTION #31 OFFERED BY: MATTEI SECONDED BY! STEIN 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: Public Assistance Account I 9,240.62 Public Assistance Account II 8,006.08 General Account 7,309,434,99 Public Parking System Account 13,907.47 Capital Account 34,028.28 I Payroll Agency Account 269,791.80 SUI Account 409.91 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 RESOLUTION #32 OFFERED BY: STEIN SECONDED BY: ROBINSON WHEREAS, the City of Hackensack has been named as a Defendant in a matter entitled "Capnar Associates vs City of Hackensack, Et Al 11, now pending in the Superior Court of New ·Jersey and bearing Docket No. BER-L-12769-92; and WHEREAS, it is the desiere of the Mayor and Council of the City of Hackensack to retain the services of Robert P. Contillo, Esq., of 275 Forest Avenue, Paramus, New Jersey, to represent the City in this matter: 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. 40A:ll-5(l)(a)(i) of the Local Public Contracts Law; and I WHEREAS, the Local Public Contracts Law requires that the Resolution authorizing the award of contracts for professional services without competitive bids and the contract itself, must be available for public inspection: and WHEREAS, a certificate establishing that funds are available for this Contract and shall be provided in subsequent budgets has been issued by the Chief Financial Officer of the city of Hackensack in accordance with N.J.A.C. 5:30-14.5 of the Rules and Regulations of the New Jersey Department of Community Affairs, · Local Finance Board; NOW I THEREFORE I BE IT RESOLVED by the City Council of the City of Hackensack, as follows: 1. That the Mayor and the City Clerk be, and they hereby are authorized to execute a Contract with Robert P. Cantillo, Esq., of 275 Forest Avenue, Paramus, New Jersey, to provide legal representation for the City in this matter; and 2. That this Contract is awarded without competitive bidding as professional services in accordance with N.J.S.A. 40A:ll-5 (1)(a) of the Local Public Contracts Law because said I services are to be rendered or performed by a person authorized by law to practice a recognized profession which is regulated by law, in accordance with the provisions of said statute. BE IT FURTHER RESOLVED that the City Clerk be and i� hereby directed to retain copies of the Contract for public inspection upon execution. Dr. Mecca asked for a synopsis of the case. The City Attorney responded. Roll Call: Ayes - Robinson, Stein, Mattei, Zisa Abstain - Mecca ZI RESOLUTION #33 OFFERED BY: MATTEI SECONDED BY: : STEIN WHEREAS, the City of Hackensack has been named as a Defendant in a lawsuit entitled Esther Hearns vs The City of Hackensack, now pending in the Superior Court of New Jersey, and bearing Docket No. BER-L-12427-92: and WHEREAS, it is the desire of the Mayor and Council of the City of Hackensack to retain the services of Dennis A. • Maycher, Esq. , of 2 Mount Pleasant Avenue, Wallington, New Jersey, to represent the City of Hackensack in this matter; and WHEREAS, such professional services will be rerydered or performed by � person authorized by law to practice a recognized profession and whose practice is regulated by law pu r suant to N. J. S. A. 40A: ll-5 (1} (a) (i) of the Local Public Contracts! Law: and I WHEREAS, the Local Public Contracts Law requires that the Resolution authorizing the award of contracts for pro:fessional services without competitive bids and the contract itself, must be available for public inspection: and WHEREAS, a certificate establishing that funds are available for this Contract and shall be provided in subsequent budgets has been issued by the Chief Financial Officer of ;the: City of Hackensack in accordance with N. J. A. C. 5: 30-14. 5 of the Rules and Regulations of the New Jersey Department of Community Affairs Local Finance Board: NOW I THEREFORE I BE IT RESOLVED by the City Counci1 of the City of Hackensack as follows: 1 1. That the Mayor and the City Clerk be, and they hereby are authorized to execute a Contract with Dennis, A. ' Maycher, Esq. , of 2 Mount Pleasant Avenue, Wallington, New Jersey, to I provide legal representation for the City in this matter1; and 2. That this Contract is awarded without competitive I bidding as professional services in accordance with: N.J. S.A. 40A: ll-5 (1) (a) of the Local Public Contracts Law :because said services are to be rendered or performed by a person authorized by law to practice a recognized profession which is regulated by law, in accordance with the provision of said statute. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to retain copies of the Contract for public inspection upon execution. Dr. Mecca asked for an explaination of the case and Mr. Salkin responded. Roll Call: Abstained Mecca, Robinson Ayes - Stein, Mattei, Zisa RESOLUTION #34 OFFERED BY: MATTEI SECONDED BY: MECCA WHEREAS, a Bergen County Community Development Gr� nt of an additional $5,000. 00 under the 1992-1993 grant has been proposed by H. O. P. E. for Ex-Offenders, Inc. for counseling services in the City of Hackensack: and WHEREAS, pursuant to the State Interlocal Servi�es Act, Community Development funds may not be spent in a municipality without authorization by the Mayor and Council: and I WHEREAS, the aforesaid project is in the best interest of the people of Bergen County: and WHEREAS, this resolution does not obligate the financial resources of the municipality and is intended solely to expedite expenditure of the aforesaid Community Development funds;  NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack hereby confirm endorsement of the aforesaid project; and BE IT FURTHER RESOLVED that a copy of this resolution shall be sent to the Director of the Bergen County Community Development Program so that implementation of the aforesaid project may be expedited. I Roll Call: Ayes - Mecca, Robinson, Stein, Mattei, Zisa RESOLUTION 35 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, the City of Hackensack sought and received approval for Community Development Block Grants in the total amount of $350,000 . 00 for contribution toward the construction of low and moderate income housing in the City of Hackensack by the Varick Memorial Development Corporation: and WHEREAS, said Grants ( #87-105-6110-0 and 210-105-715-40-08), in the amounts of $150,000. 00 and $200,000.00 respectively, have not, for nearly six ( 6) years, been drawn upon, nor has the project progressed, due to the inability of the aforementioned corporation to obtain sufficient additional funding from other entities, both public and private: and WHEREAS, the Department of Housing and Urban Development has undertaken a well publicized program of monitoring, and in many cases cancelling, Community Development Block Grants in situations where there has been a lack of meaningful progress in the project for which the Grant was approved: and WHEREAS, over the past year and one-half the City of I Hackensack has received a number of formal inquiries from the Office of the County Director of Community Development directed at ascertaining the progress, if any, of the Varick Project; and WHEREAS, as a result of each such inquiry, representatives of the Varick Memorial Development Corporation were informed of such inquiry and advised of the implications of same in the context of H.U.D. 's stated program to withdraw funding from projects which have not progressed sufficiently and to reallocate such funds; and WHEREAS, it is the perception and belief of the� Mayor and Council, confirmed by the statements of the representatives of the Varick Memorial Development Corporation, that the Varick Project, though no fault of the Corporation, will not likely proceed in the immediate future: and WHEREAS, a number of other affordable housing projects have been proposed to the City of Hackensack, including, most notably, a project being undertaken by the Housing Authority of Bergen County for the construction of affordable housing units on Clinton Place in the City of Hackensack; which project has previously received the endorsement of the Mayor and Council of the City of Hackensack; and I WHEREAS, the Housing Authority of Bergen County has requested that the City of Hackensack consider taking such steps as are necessary and appropriate to reallocate $200,000. 00 from the aforedescribed Community Development Grants and dedicate same to the construction of the affordable housing project planned for Clinton Place in Hackensack, and WHEREAS, during the course of a recent review of the conditions of, and facilities located in, the parks and other recreational areas located within the City of Hackensack, the Mayor and Council of the City of Hackensack have deemed it worthwhile and appropriate to go forward with a plan to improve the facilities located at Carver Park in the City of Hackensack: and the estimated cost of such improvement is approximately $150,000. 00: and WHEREAS, under the present circumstances and with the understanding and specific intention that such actions would be undertaken without prejudice to any future application that the Varick Memorial Development Corporation might wish to make, it is the consensus and belief of the Mayor and Council of t�e City of Hackensack that it is necessary and appropriate at this time to I apply to the Bergen County Office of Community Development for said Agency's consent to reallocate the funds represented by Community Development Block Grants Nos. 87-105-611.10-0 and 210-105-715-40-08; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the Mayor, City Clerk, and such other City Officials as may be appropriate be, and hereby are, authorized to prepare and execute such applications and documents as may be necessary to obtain the approval of the Bergen County Office of Community Development to reallocate the aforesaid Community Development Block Grants so that $200,000. 00 may be contributed toward the construction of the Clinton Place affordable housing project and $150,000.00 be used by the City of Hackensack for the improvements envisioned for Carver Park. Before voting, each member of the Mayor and Council made comments regarding their feelings about the proposed affordable housing planned for Clinton Place in Hackenack. Roll Call: Ayes - Robinson, Stein, Mattei, Zisa Nay - Mecca A letter addressed to Reverend John W. Smith, will be hand I delivered to Varick A.�.E. Zion Church with a copy of the resolution tomorrow morning. Mr. Salkin reviewed the various communications involving Varick as it relates to the CD funds allocated torwards their project. The Mayor asked the City Manager, City Attorney and members of Council if they had anything to report. They did not. The Mayor opened the meeting to the public for dis�ussion of City business. Dorothy Schwartz, 47 Prospect Avenue, made comments regarding the report issued by Mr. Greenwood as it relates to the CPI figures for 1991 and 1992. Mayor Zisa advised he had received the report and had started a survey to seek additional data. He agreed the averages are well before the 5%. Frank Campbell, 111 Catalpa Avenue, asked questions regarding the Zoning Code, construction, how vacant land, is taxed and the demolition of structures which were answered by the I Mayor. Mr. Campbell advised the trailer which he has complained about for several weeks is still parked on Catalpa Avenue. Mayor Zisa said he was in the area and the trailer was not there. He advised Mr. Campbell to call the City Maq1ager1 to leave the information when the trailer is parked in the area detached, stating that if the trailer is attached it's not in violat � on.  Jack Donovan, Willow Avenue, advised Council that the signs posted regarding the feeding of wild animals by Staib Park have been effective and thanked the Council. Motion offered by Robinson, seconded by Mecca that the public hearing be closed and the meeting be adjourned. Carried (9: 20 P. M. ) I MAURO A. MECCA ATTEST: I I