City Council

The Regular Meeting of the City Counc i l of the City of Hackensack was held at City Hall, 65 Central Avenue, Hackensack, New Jersey, on Monday, October 18, 1993. Mayor Zisa called the meeting to order at 8: 10 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, t City Clerk Doris L. Duke, City Attorney Richard E. Salkin 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." Before the regular business of the meeting, Mayor Zisa recognized those individuals who give their time to the City as volunteers. He presented each of them with Certificates with the assistance of Councilman Stein who initiated the program a few years ago. Mayor Zisa stated that the program has been recognized by the New Jersey League. Mayor Zisa, with the assistance of Councilman Mattei, presented plaques to four members of the Police Department who recently retired: Richard Medaska with 28 years of service, James Scott with 35 years of service, Frank Picciallo with 26 years of service and Frank Giardino · with 36 years of service. On behalf of the City Council, the Mayor thanked each of them and wished them well in their retirement. The Mayor asked for approval of the minutes of the meeting held October 4, 1993. I Motion offered by Stein, seconded by Trammell that the minutes be approved as submitted. Carried. FINAL ADOPTION OF ORDINANCE N0.11-93 ENTITLED: "AN ORDINANCE TO CREATE AN ADVISORY COMMISSION ON ECONOMIC DEVELOPMENT FOR THE CITY OF HACKENSACK". 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 Galvis that there be a public hearing. Carried Mayor Zisa asked if anyone present wished to be heard on this Ordinance. There was no response. Motion offered by Stein, seconded :by Galvis that the public hearing be closed. Carried Resolution #295 OFFERED BY: STEIN SECONDED BY: TRAMMELL BE IT RESOLVED by the City Council of the City of Hackensack I County of Bergen and State of New Jersey that Ordinance No. 11-93 I entitled: "AN ORDINANCE TO CREATE AN ADVISORY COMMISSION ON ECONOMIC DEVELOPMENT FOR T�E CITY OF HACKENSACK" pass its second and final I reading and is hereby adopted. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #296 OFFERED BY: MATTEI SECONDED BY: TRAMMELL BE IT RESOLVED by the City Council of the City of Hackensack , that the proper officers be and are hereby authorized to make the following refunds for the reasons stated: $ 388. 27 B 343, L 14, 15A Craven, Joseph P. 1993 Excessive Payment 353. 34 B 237, L 2, 5M Steven I. Adler 1991 STB* 1907. 80 B 341, L 8 COS3F United Jersey Bank 1993 Excessive Payment *"Payment of this refund is to be paid from proceeds of Bond/Notes to be issued. " I The following refunds reflect overpayments made to the Hackensack Municipal Court: 25. 00 Leander Robinson, 100 Central Avenue, Fort Lee, NJ 07024 - Case #C90-720 15. 00 Patricia Duncan, 478 Essex Street, Hackensack, NJ 07601 - Case #C90-3133 ·Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #297 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, Resolution #290 authorized the refund of $553. 65 to Maiorisi Realty: and WHEREAS, Maiorisi Realty Corp. filed a Certificate of Dissolution with the State of New Jersey on September 21, 1993: and WHEREAS, Paul Maiorisi owned 100% of the corporation. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council that the Tax Collector be and is hereby authorized to issue a check payable to Paul Maiorisi in the amount of $553. 65. Roll Call: Resolution #298 Ayes - Mattei, Galvis, Trammell, Stein, Zisa OFFERED BY: TRAMMEL� SECONDED BY: GALVIS I WHEREAS, the governing body of the City of Hackensack has been advised that an emergency affecting the safety and welfare of the citizens of the City of Hackensack and the general public who operate motor vehicles within the City limits, when a traffic signal located at Hudson Street and Vreeland Avenue was accidentally knocked down and rendered inoperable; and WHEREAS, the Chief of Police of the City of Hackensack has furnished to the City Manager a written report setting forth the time, place and circumstances regarding the emergency; and WHEREAS, the City Council is satisfied that an emergency did exist and that immediate action was necessary to restore the aforementioned traffic signal to full operation; and WHEREAS, Traffic Control Equipment Corp. , 242-252 Hudson Street, Hackensack, N. J. , was retained to make the necessary repairs; and WHEREAS, the cost of the repairs totaled $1,756. 00, which is a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in Account 93-318-450 of the General Fund, P. 0. 81140; and I WHEREAS, it is anticipated that the entire cost of this repair will be recovered from the insurance carriers. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that Traffic Control Equipment be paid for said repairs, pursuant to N. J. S. A. 40: A 11-6, which authorized the award of contracts without public bidding in emergency situations. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa  Resolution #299 OFFERED BY: STEIN SECONDED BY: GALVIS WHEREAS, the governing body of the City of Hackensack has been advised that an emergency affecting the safety and welfare of the citizens of the City of Hackensack and the general public who operate motor vehicles within the City limits, when a traffic signal located at Summit and Passaic Streets was accidentally knocked down and rendered inoperable; and WHEREAS, the Chief of Police of the City of Hackensack has furnished to the City Manager a written report setting forth the time, place and circumstances regarding the emergency; and WHEREAS, the City Council is satisfied that an emergency did exist and that immediate action was necessary to restore the aforementioned traffic signal to full operation; and WHEREAS, Traffic Control Equipment Corp., 242-252 Hudson Street, Hackensack, N.J., was retained to make the necessary repairs; and WHEREAS, the cost of the repairs totaled $11,360.00, which is a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in Account 93-318-450 of the General Fund, P. O. 81141; and WHEREAS, it is anticipated that the entire cost of this repair will be recovered ftom the insurance carriers. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that Traffic Control Equipment be paid for said repairs, pursuant to N.J.S.A. 40: A 11-6, which authorizes the award of contracts without public bidding in emergency situations. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa I Resolution #300 OFFERED BY: GALVIS SECONDED BY: STEIN WHEREAS, it is the desire of the go�erning body of the City of Hackensack to provide a clean, litter-free environment for its citizens; and WHEREAS, the City of Hackensack is eligible to receive an annual grant under the Clean Communities Act of the State of New Jersey (N.J.S.A. 13: 1E-99.l et seq., as amended by P.L. 1989, c.108 and P.L. 1992, c.150) , as administered by the New Jersey Department of Environmental Protection and Energy, to create or to supplement an existing litter reduction program within the municipality; and WHEREAS, to be eligible for this funding the governing body of the City of Hackensack must adopt a model program for litter control as required by N.J.S.A. 13: 1E-99.2e and must certify that the model program has been adopted. NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Hackensack that Mayor John F. Zisa is hereby authorized to apply to the New Jersey Department of Environmental Protection and Energy and execute all documentation necessary for a 1994 grant of no less than $36,818.00; that, if any additional Clean Communities funding is I awarded, all such additional funding will be used only on a program of litter reduction in accordance with the Grant requirements and with all other conditions of this application; and BE IT FURTHER RESOLVED that the Executive Assistant to the City Manager shall be responsible for Clean Communities program implementation, and Gordon A. Sieck is hereby designated as the Clean Community Coordinator; and BE IT FURTHER RESOLVED that the City of Hackensack will submit to the Department of Environmental Protection and Energy an application with an action _plan and a spending plan and that Model Program II, with all its requirements, is hereby adopted. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #301 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, the City of Hackensack desires to support H.R. 2741 authorizing the Federal Government to allocate $35 million for the purchase of 17,500 acres of Sterling Forest: and WHEREAS, 20% of the watershed of the Wanaque and Monksville Reservoirs are produced by the lakes, streams and wetlands of Sterling Forest, a beautiful unspoiled 20,000 acre natural resource bordering New Jersey and New York states: and WHEREAS, the preservation and protection of Sterling Forest in I its natural state is critical to North Jersey District Water Supply Commission which has been supplying pure, potable water from its reservoirs, at low cost, to 2 million people in over 90 municipalities - 25% of the population of New Jersey: and WHEREAS, runoff from the Sterling Forest tract flows into our reservoirs and the Ramapo River Basin and the pristine quality of our drinking water, considered to be the best in the state, is now in peril of contamination threatened by a proposed development plan to convert the Sterling Forest watershed into an urbanized tract; and WHEREAS, the proposed development plan provides for: a) 14, 200 new housing units to be built serving a population of almost 50,000 b) 8 million sq. ft. of commercial, industrial, retail, hotel and office space c) numerous wastewater treatment plants which would pour roughly 3 million gallons per day of treated sewage effluent into our potable water reservoirs: and WHEREAS, pollution associated with urban runoff after I development would include petroleum products, lawn fertilizers, nitrogen, phosphorus, herbicides, pesticides all potentially hazardous to water quality: and WHEREAS, the "Comprehensive Plan" proposed by the developers does not adequately define a guaranteed source of funding for the operation and maintenance of proposed sewage treatment plants for future upkeep: and WHEREAS, existing regulatory standards, although legislated, could be inadequately monitored, abused, mismanaged or neglected due to budget cuts, understaffing, regional differences adversely impacting on the quality of treated water in the future: and WHEREAS, in order to preserve and protect Sterling Forest from the proposed development as described herein, funding sources for the purchase of Sterling Forest are currently being considered by numerous environmental groups and government officials, state and national: and WHEREAS, U.S. Rep. Robert Torricelli (9th Dist., N.J.) has introduced legislation (H.R. 2741) with co-sponsorship from Reps. Benjamin Gilman (22nd Dist. N. Y.) and Maurice Hinchey (28th Dist., N. Y.) in the first session of the 103rd Congress, authorizing the I Secretary of the Interior to provide up to $35 million dollars to The Palisades Interstate Park Commission for acquisition of 17,500 acres of land in the Sterling Forest area of the New York/New Jersey Highlands Region. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Hackensack, County of Bergen, State of New Jersey, does hereby give its endorsement and unqualified support to H.R. 2741 legislation described herein; and BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to all members of the New Jersey Congressional Delegation, Governor Florio and members of the New Jersey Senate and Assembly, representing District 37, encouraging their support for the proposed legislation.  Resolution #302 · OFFERED BY: MATTEI SECONDED BY: TRAMMELL WHEREAS, Amital Holding Corp./Temple Avenue Associates are the owners of certain real property known as Block 511, Lot IA, located at 111 Hackensack Avenue� 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: and WHEREAS, the total yearly assessment for the subject premises is I $664,500.00 for the years 1991 and 1992: 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 interests 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 authorized and directed to execute any and all documents which may be necessary in order to effectuate a settlement of litigation entitled "Arnita! Holding Corp./Temple Avenue Associates vs. City of Hackensackn, Docket Nos. 008424-92 and 012254-92 presently pending in the Tax Court of New Jersey, so that the total assessment of $664, 500. 00 be reduced to $550,000. 00 for the years 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. t Roll Call: Resolution #303 Ayes - Mattei, Galvis, Trammell, Stein, Zisa OFFERED BY: MATTEI SECONDED BY: TRAMMELL WHEREAS, Key Handling Systems, Inc. is the owner of certain real property known as Block 95, Lot lD, designated as 210 South Newman Street; and WHEREAS, the taxpayer has filed an appeal to its 1991 and 1992 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the total yearly assessment for the subject premises is $1,330,000; 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 interests of the City of Hackensack. I NOW, THEREFORE, 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 "Key Handling Systems, Inc. vs. City of Hackensack", Docket Nos. 02-23-8315-91D and 02-23-08161-92 presently pending in the Tax Court of New Jersey, so that the assessments be reduced to $1,200,000 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 #304 OFFERED BY: MATTEI SECONDED BY: TRAMMELL WHEREAS, Martin S. Kenwood, t/a Kenwood Associates, is the owner of certain real property known as Block 223, Lots 11-13, 20-23 and 14, designated as 165-167 Sussex Street; and WHEREAS, the taxpayer has filed an appeal to his 1991 and 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 I $363,300 for Block 223, Lots 11-13 and 20-23 and $249,600 for Block 223, Lot 14; 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 interests 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 authorized and directed to execute any and all documents which may be necessary in order to effectuate a settlement of litigation entitled "Martin S. Kenwood, t/a Kenwood Associates vs. City of Hackensack", Docket No. 02-23-05172-92 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $272,700 for Block 223, Lots 11-13 and 20-23 and $187,300 for Block 223, Lot 14 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 I on the refund. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #305 OFFERED BY: MATTEI SECONDED BY: TRAMMELL WHEREAS, Frank Alster is the owner of certain real property known as Block 415, Lot 1, designated as 370 Park Street; and WHEREAS, the taxpayer has filed ·:�n appeal to his 1992 real property tax assessment, which matter fs presently-·pehding in the Tax Court of New Jersey; and WHEREAS, the yearly assessment for the subject premises is $3,108,000; 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 interests of the City of Hackensack. I NOW, THEREFORE, 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 "Frank Alster vs. City of Hackensack", Docket No. 02-23-04731-92D presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $2,512,600 for 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 #306 OFFERED BY: STEIN SECONDED BY: MATTEI INTRODUCTION OF ORDINANCE NO. 12-93 ENTITLED: "AN ORDINANCE FIXING AND DETERMINING MUNICIPAL CLASS POSITION TITLES AND SALARY RANGES FOR CERTAIN NON-CONTRACTUAL OFFICERS AND EMPLOYEES OF THE CITY OF HACKENSACK". BE IT RESOLVED that the above ordinance, being Ordinance No. 12-93 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 November 1, 1993, at 8: 00 P. M., or as soon thereafter as the matter can be reached at the regular meeting place of the City t Council, and at such time and place all pe�sons interested be given an opportunity to be heard concerning said Ordinance and that the City Clerk be and she is hereby authorized and directed to publish said Ordinance according to law with a notice of its introduction and 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 - Mattei, Galvis, Trammell, Stein, Zisa Resolution #307 OFFERED BY: MATTEI SECONDED BY: TRAMMELL 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 $1,055 008 04 I • Public Assistance Account II 15,462. 57 Public Parking System Account 5,773. 55 Capital Account 360,781. 61 Payroll Agency Account 372,697. 42 Developers Escrow Account 5,687. 50 BE IT FURTHER RESOLVED that said bills are on file as a public record in the office of the Chief.Financial Officer. I Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #308 OFFERED BY: GALVIS SECONDED BY: STEIN WHEREAS, Bergen County Community Development Block Grants have been proposed as follows in the City of Hackensack: Heightened Independence and Progress To provide comprehensive services to people with disabilities who are Hispanic and Afro-A�erican residents of Bergen County $35,881. 00 - To provide staffing to transcribe printed material and Braille and large print - $33,381. 00 Community Housing in Partnership (CHIP) To make renovations to a former rooming house at 261 State Street - $100,000.00 Housing Development Corporation First Time Home Buyer Down Payi:nent Assistance Program $200,000. 00 Volunteer Center of Bergen County To offset the employment of two (2) part-time drivers for their I CHORE Program - $20,155. 00 YMCA For further improvements to their building and to make it barrier-free - $150,000. 00 Bergen County Community Action Program (CAP) For personnel costs to maintain their shelter for the homeless at 21 East Kansas Street ) Bergen Council, B y Scouts of America To send sixty (60 children to Camp No-Be-Bo-Seo - $15,000. 00 To send two hundred (200) children to day camp at Camp Tamarack in Oakland - $23,000. 00 9 Mayor Zisa confirmed with the Attorney that any renovation projects must go before our Boards and conform with our City Code. The City Attorney said yes. Resolution #309 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, it has been duly advertised that the City of Hackensack would receive bids for the installation of the above-ground fuel tanks at the City of Hackensack D PW at 120 East Broadway; and I WHEREAS, two (2) sealed bids were received by the City of Hackensack on October 18, 1993; and WHEREAS, the bids received exceeded the City Engineer's estimate for the work. NOW, THEREFORE, BE IT RESOLVED that the bids submitted by John Kenny Construction Company and Tami-Githens, Inc. for the construction of the above-ground tanks at 120 East Broadway ·be and are hereby rejected; and BE IT FURTHER RESOLVED that the proper notices be placed in The Record advertising that sealed bids for the construction of these tanks will be received at a future date. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #310 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, the City of Hackensack advertised for bids to be received for the Resurfacing of Various Streets on October 15, 1993; and WHEREAS, six (6) bids were received and reviewed by the I Consulting Engineer for the City of Hackensack. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that, upon recommendation of the Consulting Engineer, the contract for the Resurfacing of Various Streets in the City of Hackensack be awarded to D & L Paving Contractors, 22 Grant Avenue, Nutley, New Jersey 07110, for the total amount of $139,444.20; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available from Account No. 05-0993-001 of the Capital Fund for said amount. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #311 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, the City of Hackensack advertised for bids to be received for the Baldwin Park Improvements on October 15, 1993; and WHEREAS, three (3) bids were received and reviewed by the Consulting Engineer for the City of Hackensack. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that, upon recommendation of the Consulting Engineer, the contract for the Baldwin Park Improvement in the City of Hackensack be I awarded to Landscape Restoration, Inc., 48 Sixteenth Street, Elmwood Park, New Jersey 07407, for the total amount of $56,652.36; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available from Account No. 05-0293-001 of the Capital Fund for said amount. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa  /90 Resolution #312 OFFERED BY: MATTEI SECONDED BY: GALVIS BE IT RESOLVED by the Mayor and Council of The City of Hackensack that Albert F. Carilli, Esq., 822 Apache Road, Franklin Lakes, New Jersey, be and hereby is appointed to the position of Assistant Public Defender for the City of Hackensack, to serve at the pleasure of the Council. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa t Mrs. Dukes advised the Mayor that her Docket was completed. The Mayor thanked her and asked the City Manager, City Attorney and members of Council if they had anything to report. They did not. Mayor Zisa thanked those City Departments who were involved with the Columbus Day celebration held in conjunction with Unico on Sunday, October 10th. He also commended the children who participated in the program yesterday (October 17th). Mayor Zisa commended the City Manager on how nice City Hall looks, adding that he had guests from out of state last week and they were very impressed. Councilman Stein also commented on the event held on Sunday. Councilman Galvis congratulated the Unico group for their involvement in the Columbus Day celebration and the children who participated on Sunday, October 17th. Mayor Zisa opened the meeting to the public for discussion of City business. I Dorothy Schwartz, 47 Prospect Avenue, made a statement regarding the tax surcharge contained in the rent ordinance, which she said was unfair and unjust because they are paying taxes twice. Motion offered by Mattei, seconded by Stein that the public hearing be closed and the meeting be adjourned. Carried (8: 50 P. M.)