City Council

16J The Regular Meeting of the City Council of the City of Hackensack was held at City Hall, 65 Central Avenue, Hackensack, New Jersey, on Monday, September 20, 1993. Mayor Zisa called the meeting to order at 8:00 P. M. and requested everyone stand for the Flag Salute. The Mayor then asked the City Clerk to call the roll. Present - Councilmen Roger B. Mattei, Jesus R. Galvis, Deputy Mayor Juanita Trammell, Councilman Mark A. Stein, Mayor John F. Zisa, I City Clerk Doris L. Dukes and City Attorney Richard E. Salkin Absent: 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." The Mayor asked for approval of the minutes of the meetings held September 7th and 13, 1993. Motion offered by Stein, seconded by Galvis that the minutes be approved as submitted. Carried. , �:,;.. FINAL ADOPTION OF ORDINANCE N0.10-93 ENTITLED: "BOND ORDINANCE ·oF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, AMENDING BOND ORDINANCE NUMBERED 2-93 OF THE CITY FINALLY ADOPTED APRIL 19, 1993, IN ORDER TO AMEND SECTION 3". Mayor Zisa: "This Ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?" Motion offered by Mattei, seconded by Trammell that there be a public hearing. Carried I Mayor Zisa asked if anyone present wished to be heard on this Ordinance. There was no response. Motion offered by Mattei, seconded by Trammell that the public hearing be closed. Carried Resolution #267 OFFERED BY: TRAMMELL SECONDED BY: Galvis BE IT RESOLVED by the City Council of the City of Hackensack I County of Bergen and State of New Jersey that Ordinance No. 10-93 entitled: "BOND ORDINANCE OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, AMENDING BOND ORDINANCE NUMBERED 2-93 OF THE CITY FINALLY ADOPTED APRIL 19, 1993, IN ORDER TO AMEND SECTION 3" I pass its second and final reading and is hereby adopted. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #268 OF�ERED BY: STEIN SECONDED BY: MATTEI BE IT RESOLVED by the City Council of the City of Hackensack that the following organizatiorabe granted permission to conduct Raffles in accordance with applications on file in the office of the City Clerk: RA:1407 Parent Teachers Guild of St. Francis School t RA:1408 St. Francis Church RA:l409 Hackensack Medical Center Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #269 OFFERED BY: TRAMMMELL SECONDED BY: STEIN BE IT RESOLVED by the City Council of the City of Hackensack that the proper officers be and are hereby authorized to cancel the following refunds on Resolution #247 dated September 7, 1993, which were incorrect: $ 94, 004.22 Winne, Banta, Rizzi, Hetherington & Basralian, P. C and University - 1988 STB ($74, 837.40 tax, int. @ 5% $18, 189.44) 132, 572.00 Winne, Banta, Rizzi, Hetherington & Basralian, P.C and University - 1989 STB ($109, 775.72q tax, int. @ $21, 507.86 159, 192.70 Plaza Realty Corp. - 1990 STB ($137, 338.96 tax, int. @ 5% $19, 542.60) 6, 219�72 Nelson G. Gross - 1991 STB I BE IT FURTHER RESOLVED that the proper officers be and are hereby authorized to make the following refunds for the reasons stated: $93, 170.48 Winne, Banta, Rizzi, Hetheringtn & Basralian, P.C. Univ. Plaza Realty Corp. - for 1988 STB $74, 837.40 tax, int. at 5% $18, 333.08 131, 494.00 for 1989 STB $109, 775.72 tax, int. at 5% $21, 718.28 157, 144.70 for 1990 STB $137, 338.96 tax, int. at 5% $19, 805.74 "Payment of the above refunds are to be paid from proceeds of Bond/Notes to be issued." $250.00 to Aston Williams, Galco Transporation Service, 212 Washington Ave., Carlstadt, N.J. 07072, representing cost of court due to case being dismissed Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa I RESOLUTION #270 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, the Hackensack Board of Education desires to secure school nurse services for certain Hackensack non-pub! ic schools from the City of Hackensack through an interlocal agreement in accordance with N.J.S.A. 40:8A-l et. seq.; and WHEREAS, the City of Hackensack's Department of Health can provide duly qualified personnel to carry out said school nurse services; and WHEREAS, the Hackensack Board of Education and the City of Hackensack have prepared an interlocal agreement for the provision of said services for the 1993-1994 school year; and WHEREAS, the maximum amount of this agreement is $44, 511.11; and WHEREAS, it has been certified that this meets the statutes and regulations for the execution of said agreement; NOW I THEREFORE I BE IT RESOLVED by the Mayor and Council of the City of Hackensack as follows: l. The Mayor and City Clerk be and are hereby authorized and I airected to execute nn agreement with the Hackensack Board of Education to perform school nurse services for the period S�ptember 3 I 1993 through June 30, 1994. 2. This agreement to be executed without publication or hearing as it is expressly excluded in N.J.S.A.40:8A-3. 3. The action of the Mayor and City Clerk in executing said agreement is hereby ratified. 4. This resolution shall be effective as of September 1, 1993. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa  I '70 RESOLUTION #271 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, Harold Kerzner, et als are the owners of certain real property known as Block 343, unit nos.4C, 4G, lB, 6G, SD, 4E, 4F, llE, 14D, 2C and 7D, Lot 8, designated as 277 Prospect Avenue; and WHEREAS, the taxpayers have filed an appeal to their 1992 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment for the subject premises are as I shown on Schedule 'A (attached hereto and made a part hereof) ; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that this matter should be settled; and WHEREAS, said settlement is in the best interests of the City of Hackensack; NOW' THEREFORE' BE IT RESOLVED by the Mayor and Counci1 of 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 settlement of litigation entitled "Harold Kerzner, et als v. City of Hackensack", Docket No. 008474-93 presently pending in the Tax Court of New Jersey, so that the assessments be reduced for 1992 as shown on Schedule A; 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 - Mattei, Galvis, Trammell, Stein, Zisa I RESOLUTION #272 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, Samuel and Tina Raia are the owners of certain real property known as Block 326, Lot 8, Unit 4K designated as 326 Prospect Avenue; and WHEREAS, the taxpayers have filed an appeal to their 1992 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment for the subject premises is $202, 500; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that this matter should be settled; and WHEREAS, said settlement is in the best interests of the City of Hackensack; NOW' THEREFORE' BE IT RESOLVED by the Mayor and Counci 1 of the City of Hackensack that the Tax Counsel be and he is hereby authorized I and directed to execute any and all documents which may be necessary in order to effectuate a settlement of litigation entitled "Samuel and Tina Raia v. City of Hackensack", Docket No. 012285-92 presently pending in the Tax Court of New Jersey, so that the assessments be reduced for 1992 to $162, 000; 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 - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #273 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, Alex and Susan Cocoziello are the owners of certain real property known as Block 110, Lot 18, designated as 260 South Summit Avenue: and WHEREAS, the taxpayers have filed an appeal to their 1991 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey: and WHEREAS, the yearly assessment for the subject premises is I $696, 200: and WHEREAS, upon review of information submitted, a reduction appears appropriate: and WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that this matter should be settled: and WHEREAS, said settlement is in the best interests of the City of Hackensack; NOW I THEREFORE I BE IT RESOLVED by the Mayor and Council of 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 settlement of litigation entitled "Alex and Susan Cocoziello v. City of Hackensack", Docket No. 08420-92S and 012251-92 presently pending in the Tax Court of New Jersey, so that the assessments be reduced to $464, 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 - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION property WHEREAS, known #274 OFFERED BY: TRAMMELL 270 South Summit Associates is the owner of certain real as Block 110, Lot 3, designated SECONDED BY: STEIN as 272 South Summit I Avenue: and WHEREAS, the taxpayer has filed an appeal to its 1991 and 1992 real property tax assessment, which matters are presently pending in the Tax Court of New Jersey: and WHEREAS, the yearly assessment for the subject premises is $337, 200: and WHEREAS, upon review of information submitted, a reduction appears appropriate: and WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that this matter should be settled: and WHEREAS, said settlement is in the best interests of the City of Hackensack; NOW I THEREFORE I BE IT RESOLVED by the Mayor and Counci1 of the I 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 settlement of litigation entitled "270 South Summit Associates v. City of Hackensack", Docket Nos. 08419-92 and 12248-92 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $240, 800 for 1991: 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 - Mattei, Galvis, Trammell, Stein, Zisa  17;<. Resolution #275 OFFERED BY: MATTEI SECONDED BY: GALVIS 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: General Account $1,370,354.31 Public Assistance Account II 20,248.53 Public Parking System Account 6,703.04 Capital Account 78,702.94 Payroll Agency Account 381,040.42 I 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 - Mattei, Galvis, Trammell, Stein, Zisa Resolution #276 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, N.J. Revised Statutes 39:10A-l-7 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 aforementioned vehicles listed in the advertisement to appear in The Record on Friday, September 24, 1993, 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, September 30, 1993, at 10:00 A. M., be and are hereby authorized to be sold. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution No. 277 OFFERED BY: MATTEI SECONDED BY: TRAMMELL I WHEREAS, requested a Agustus two (2) D. Nelson School Traffic Guard month Leave of Absence without pay has for personal reasons to be effective September 2, 1993 and James S. Lacava, City Manager has determined that the Leave of Absence be granted as requested: NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council that Agustus D. Nelson, School Traffic Guard, be granted a two month leave of absence without pay effective Sepember 2, 1993 and terminating November 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 - Mattei, Galvis, Trammell, Stein, Zisa Resolution #278 OFFERED BY: GALVIS SECONDED BY: STEIN BE IT RESOLVED by the City Council of the City of Hackensack that the following bill in the Capital Account #05-0593-0001 be and is hereby ordered paid: I Z.J.R. Partnership $330,327.00 City Attorney Salkin confirmed the Architect's approval of the above amount. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #279 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, the City of Hackensack requires the services of a licensed Elevator Safety Sub-code Official pursuant to the provisions of N.J.A.C. 5:23-5 et seq: and  WHEREA·s, on October 19, 1992, the City of Hackensack did enter into an agreement with Technical Inspections, Inc., 453 Amboy Avenue, Woodbridge, N. J., to provide such services for the City; and WHEREAS, such required services are to be provided by an approved private agency pursuant to the State Uniform Construction Code Act (N.J.S.A.52:27D-119 et seq.) and therefore, may be contracted without resort to public bidding; and I WHEREAS, it is in the best interest of the City of Hackensack to extend the term of the agreement with Technical Inspections, Inc. for a period to expire on June 30, 1995, pursuant to the provisions of the existing agreement between the parties; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the agreement dated October 19, 1992, by and between the City of Hackensack and Technical Inspections, Inc., 453 Amboy Avenue, Woodbridge, New Jersey, be and is hereby extended by a term to expire on June 30, 1995, pursuant to the provisions of Section 7 of the October 19, 1992 Agreement between the parties; and BE IT FURTHER RESOLVED that the appropriate City Official shall cause a certified copy of this resolution to be transmitted to Technical Inspections, Inc. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa RESOLUTION #280 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, Chapters 138 and 181, Laws of 1993 have created an Early Retirement Incentive Program for Municipal employees who I are a part of the Public Employees Retirement system (P.E.R.S.) ; and WHEREAS, participation in the aforesaid program by a municipality is optional; and WHEREAS, the Mayor and Council of the City of Hackensack have reviewed potential costs of participation in the Early Retirement Incentive Program and have concluded that participation in the Program is a cost-effective measure and is, therefore, in the best interest of the taxpayers of the City of Hackensack; and WHEREAS, participation in the Program by a municipality is conditioned upon the passage of a resolution containing certain specific representations to be set forth by the Governing Body; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack as follows: 1. The City of Hackensack hereby elects to provide the benefits authorized by Chapter 138 or 181, Laws of 1993 to its eligible employees and agrees to pay for the costs of these benefits as required by law; 2. As the City of Hackensack does not pay for health I benefits for retirees, effected employees who would have qualified under a Category II designation under the law will qualify for Category III designation; 3. The City of Hackensack hereby elects to make no lump sum payment toward the cost of the benefits authorized by the acts; 4. The City of Hackensack hereby elects to provide for payment of the costs of the benefits authorized by the acts over a five (5) year period; and 5. The City Clerk is hereby authorized and directed to file a certified copy of this resolution with the director of the Division of Pension and Benefits on or before October 1, 1993. n-11 ,.,_, , . 7\ .- ... - - "'" - ..._ "'- - .: roe - 1 ..... .: .... m ..- - -- - , ,  171 Mrs. Dukes advised the Mayor that her Docket was completed. The Mayor asked Mr. Carnevale, sitting in for Mr. Lacava, Mr. Salkin and members of Council if they had anything to report. They did not. Mayor Zisa commended the 300th Anniversary Committee for the outstanding job they are doing. He said the event over the week-end was quite spectacular and colorful. A good time was had by all. t The Mayor opened the meeting to the public for discussion of City Business. ' Dorothy Schwartz, 47 Prospect Avenue, stated there has not been a case before the Rent Board since May. She addressed the Rent Control Ordinance as it relates to filing fees for applications, adding that the ordinance favors landlords since it costs tenants more-to file an application than it does landlords. Mayor Zisa advised Ms. Schwartz that the Mayor and Council have not been idle in this matter. Data is being gathered and a meeting is being arranged with the New Jersey Tenants Organization, the City Attorney and a couple members of Council to pursue additional information. A complete review of the Rent Ordinance is being done. The City Attorney advised Ms. Schwartz to feel free to call him and he would discuss some of the related information with her. Josephine Rubinachi, 670 Prospect Ave., on behalf of the 300th Anniversay Committee, thanked the Mayor and Council for their cooperation. t She said there will be a parade on October 17th and they are trying to set up a historical tour and would need their cooperation again. The Mayor reported there will be a 48 page pull-out section in Wednesday's Record regarding Hackensack's 300th Anniversary. Motion offered by Trammell, seconded by Stein that the public hearing be closed and the meeting be adjourned (8:40 P.M.) Carried I ATTEST:  SCHEDULE "A" FOR RESOLUTION #271 Harold Kerzner, et als. vs. City of Hackensack Docket Number: 008474-93 227 Prospect Avenue (The Bristol House Condominiums) UNIT ORIGINAL TAX BOARD PROPOSED ASSESSMENT JUDGMENT ASSESSMENT Kerzner $145,500 $138,200 $110,600 4C Aljian $112,900 $107,200 $ 85,800 4G Crawford $113,100 $107,500 $ 86,000 lB Lowry $115,400 $109,600 $ 87,700 6G ...J Muller $109,000 $103,600 $ 82,900 5D Nussbaum $107,700 $102,300 $ 81,800 4E Reginatto $142,500 $135,400 $108,300 ' 4F Springut $116,600 $110,700 $ 88,600 llE Tisserand $119,200 $113,200 $ 90,600 14D Van $143,000 $135,900 $108,700 Wagoner 2C Treanor $131,200 $105,000 $ 84,000 7D 1 \