City Council

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, February 7, 1994. The Mayor 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 - Councilman Roger B. Mattei, Councilman Jesus R. Galvis, Deputy Mayor Juanita Trammell, Councilman Mark A. Stein, Mayor John F. I Zisa, City Clerk Doris L. Dukes, City Attorney Richard E. Salkin and City Manager James S. Lacava Mrs. Dukes: "In accordance with the Open Pub! ic 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." Mayor Zisa announced, before starting the regular business of the meeting, the swearing in of a new Fire Chief. The Oath of Office was administered to Richard Johnson, Fire Chief, by City Clerk Doris L. Dukes. Chief Johnson thanked the Mayor and Council and stated that he does not take the job lightly. Mr. Johnson said, in his opinion, the Hackensack Fire Department is the finest Department in the State of New Jersey, if not in the northeast. He said we have a very fine, dedicated group of people. He also thanked Mark Stein, Council liaison, for all of his support. Mayor Zisa extended congratulations to Mr. Johnson and said after many years with the Department he had achieved the top position. The Mayor said he is sure Mr. Johnson wi 11 serve the community I exceptionally well. He assured Mr. Johnson of his full support. Councilman Mattei also congratulated Mr. Johnson stating that he had known him for several years and had worked with him on the Planning Board. Mr. Mattei added that he was very proud of Mr. Johnson and was sure he would do a very good job in leading the Department in an exemplary manner. Councilman Galvis wished Mr. Johnson good luck. He is sure the Fire Department will have a very good leader and wished him the very best. Deputy Mayor Trammell congratulated Mr. Johnson and offered her full support. Councilman Stein stated that this is a very exciting day for the Chief and added that we have the finest Department on the east coast. Mr. Stein told the Chief he has an awesome position but felt that he was going to do an excellent job. He wished him much luck. City Manager Lacava congratulated the Fire Chief adding that he had worked many years towards this goal. Mayor Zisa invited the family and friends of Mr. Johnson to the Civic Center where a reception was being held in his honor. I Mayor Zisa called for a meeting held January 18, 1994. Motion offered by motion to Mattei, seconded by Stein approve the minutes that the of minutes the be approved as submitted. Carried. FINAL ADOPTION OF ORDINANCE NO. 10-94 ENTITLED: "AN ORDINANCE TO AMEND CHAPTER 166, SECTION 3 OF THE CODE OF THE CITY OF HACKENSACK ENTITLED 'UNIFORM CONSTRUCTION CODE ENFORCEMENT, FEES'".  Mayor Zisa: "This Ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?" Motion offered by Stein, 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. I Motion offered by Stein, seconded by Trammell that the public hearing be closed. Carried Resolution #49 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. 10-94 entitled: "AN ORDINANCE TO AMEND CHAPTER 166, SECTION 3 OF THE CODE OF THE CITY OF HACKENSACK ENTITLED 'UNIFORM CONSTRUCTION CODE ENFORCEMENT, FEES'", pass its second and final reading and is hereby adopted. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #50 OFFERED BY: GALVIS SECONDED BY: TRAMMELL BE IT RESOLVED by the City Council of the City of Hackensack that the following organizations be granted permission to conduct Raffles in accordance with the applications on file in the office of the City Clerk: RA:l428 Hackensack High School PTSA RA:l429 New Foundation for Diabetes, Inc. I Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #51 OFFERED BY: TRAMMELL SECONDED BY: STEIN BE IT RESOLVED by the Mayor and Council of the City of Hackensack that Michael Mariniello, Jr. be and hereby is appointed Treasurer for the City of Hackensack and will receive in consideration the sum of $1.00 per annum. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #52 OFFERED BY: TRAMMELL 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 make the following refunds for the reasons stated: $131,754.70 B 241, L 20 Eiffel Tower Co-op, Inc. 1992 STB 947.70 B 238, L 8,l8A Norman A. Cutler 1991 STB 976.05 B 238, L 8,18A Norman A. Cutler 1992 STB $133,678.45 Payment of these refunds are to be made from-proceeds of Bond/Notes to be issued. I Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #53 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, pursuant to an advertisement in The Record, the City of Hackensack received bids on January 20, 1994, for City of Hackensack Police Department Headquarters, Mariniello Recreation Building, Fire Department Headquarters and Tax Assessor Building Boiler Gas Conversion: and WHEREAS, four bids were received: and  WHEREAS, Energy for America, Inc., engineer for the project, has reviewed and recommended that the bid be awarded to the low bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the contract for Boiler Gas Conversion for the Hackensack Police Department Headquarters, Mariniello Recreation Building, Fire Department Headquarters and Tax Assessor Building (78 Central Avenue) be awarded to Wellen Oil & Chemical, Inc., Jersey I City, New Jersey, for the total amount of $83,300.00: and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available from Account No. 05-1292-0003 of the Capital Fund in the amount of $83,300.00, Purchase Order #82796. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #54 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, applicable State Law, APP. A:9-40.l and Executive Order No. 161, requires each municipality within the State to appoint an Emergency Management Coordinator: and WHEREAS, the position has recently become vacant in the City of Hackensack: and WHEREAS, the Mayor and Council find that this position would best be filled by a person already trained and experienced in the area of disaster control: and WHEREAS, the position of the Chief of the Hackensack Fire Department is believed by the Mayor and Council to be uniquely suited to function in the position of the Emergency Management Coordinator for the City of Hackensack. I of NOW, THEREFORE, BE IT RESOLVED by the City Council of the City Hackensack that the Chief of the Hackensack Fire Department, Richard Johnson, be and hereby is appointed to serve in the capacity of Emergency Management Coordinator for the City of Hackensack. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #55 OFFERED BY: MATTEI SECONDED BY: GALVIS WHEREAS, the Bergen County Department of Health has agreed to provide State-mandated public health services for the City of Hackensack to meet the requirements of the recently enacted New Jersey Department of Labor Public Employee Exposure to Blood Borne Pathogens regulations: and WHEREAS, Bergen County advised all municipalities who were participating in their Blood Borne Pathogen Regulations Compliance Program that a Letter Agreement signed by the City Manager would suffice: and WHEREAS, a Letter Agreement in the amount of $6,214.00 was signed by the City Manager for the period July 1, 1993 through December 31, 1993: and I WHEREAS, subsequent to the signed Letter Agreement, the Bergen County Legal Agreements are Department not advised sufficient all for municipalities this program and that a Letter regular Interlocal Service Contract must be executed by the proper officials. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk be and they are hereby authorized to execute an Interlocal Service Contract for the period effective July 1, 1993 through December 31, 1993: and BE IT FURTHER RESOLVED that the Chief Financial Officer had certified that funds were available from Account No. 93-302-550 of Resolution #56 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, bids were accepted on December 20, 1989, for the contract of Service anq Maintenance of Radio Communications and Closed Circuit Television Systems for the Hackensack Police Department and the Hackensack Department of Public Works and awarded to Regional Communication, Inc., E. 64 Midland Avenue, P. 0. Box 144, Paramus, New Jersey 07652, for a total cost of $25,215.00; and WHEREAS, the bid specifications included a paragraph for the contract extension where the City Council reserved the right to I extend the contract for five successive yearly periods at the stated bid price. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the contract for the Service and Maintenance of Radio Communications and Closed Circuit Television System for the Hackensack Police Department and the Hackensack Department of Public Works be awarded to Regional Communications, Inc., E. 64 Midland Avenue, Paramus, New Jersey 07652, for a period of one year beginning January 1, 1994 to December 31, 1994, for a total cost of $25,215.00; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available from Account Nos. 94-310-440, 94-341-430, 94-401-440, 94-501-430, 94-601-430 of the General Fund, Purchase Order No. 82654. Roll_ Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #57 OFFERED BY: MATTEI SECONDED BY: TRAMMELL WHEREAS, pursuant to the provisions of Section 159-12 of the Code of the City of Hackensack, New Jersey, the Mayor and Council shall annually establish a rotating list of approved towing operators I to provide towing services \ requested by the City of Hackensack or any departments thereof; and WHEREAS, prior to determining an appropriate list for 1994, the Mayor and Council did consult with the Hackensack Police Department to determine the level of performance, including but not limited to consumer complaints, of the towing operators who have previously performed such services for the City. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Hackensack that the following towing operators shall constitute the approved list of towing operators to serve on an equal and rotating basis for 1:h.e City of Hackensack until December 31, 1994, or until promulgation of the 1995 approved list, whichever occurs later: 1. Carl's Auto Service 211 Hudson Street Hackensack, New Jersey 2. D'Amico's Auto Body 484 Essex Street Hackensack, New Jersey I 3. Pleasantview Auto Service 284 South Summit Avenue Hackensack, New Jersey 4. Polifly Towing Service 178 Green Street Hackensack, New·Jersey Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa  Resolution #58 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, the City of Hackensack has received New Jersey Department of Transportation Change Order No. 1 from Smith-Sondy Asphalt Construction for $21,848.15 to compensate them for semi-final estimates of quantities in connection with the Improvement of South State Street, a State Aid project; and WHEREAS, the City's Consulting Municipal Engineer has approved this Change Order in writing; and I WHEREAS, the Chief Financial Officer has certified in writing that funds are available from Account No. 05-0691-0001, the Capital Account, Purchase Order No. 82816. NOW I THEREFORE I BE IT RESOLVED that New Jersey Department of Transportation Change Order No. 1 issued by the Smith-Senay Asphalt Construction Company is hereby approved. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #59 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, a Bergen County Community Development Grant of $93,000.00 has been proposed by the Bergen County Housing Authority for a Tenant Outreach and Guidance 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 the people of Bergen County; and I 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 - Mattei, Galvis, Trammell, Stein, Zisa Resolution #60 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, William 0. Boschen is the owner of certain real property known as Block 219, Lot 25, designated as 75 Union Street, Unit 4B; and WHEREAS, the taxpayer has filed an appeal to his 1992 real property tax assessment, which matter is presently pending in the Tax Court of New Jersey; and I WHEREAS, $117,900; and WHEREAS, upon the yearly review assessment of for information the subject submitted, premises a reduction is appears appropriate; 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 "William 0. Boschen vs. "City of Hackensack", Docket No. 012334-92 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $94,500 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 #61 OFFERED BY: TRAMMELL -SECONDED BY: STEIN WHEREAS, Jamie and Richard Weiss are the owners of certain real property known as Block 238, Lot 8, designated as 160 Overlook I Avenue; and WHEREAS, the taxpayer has filed an appeal to their 1992 real property tax assessment, which matter is presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment for the subject premises is $120,000; 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 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 sett)ement of litigation entitled "Jamie and Richard Weiss vs. City of Hackensack", Docket No. 012775-92 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $100,000 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 j Resolution #62 OFFERED BY: TRAMMELL SECONDED BY: STEIN . . WHEREAS, Alfred Florenz is the owner of certain real property known as Block 219, Lot 25, designated as 75 Union Street; and .. - WHEREAS, the taxpayer has filed an appeal to his 1992 real property tax assessment, which matter is presently pending in the Tax Court of New Jersey; and 1 , WHEREAS, the yearly assessment for tne subject premises is $124,940; and I WHEREAS, upon revi�w of information submitted, a reduction appears appropriate; and WHEREAS, it is the recommendation of tt�e 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 M�yor and Council of the  ..3J 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 "Alfred Florenz vs. City of Hackensack", Docket No. 013029-92 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $114,000 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. I Roll Call: Resolution #63 Ayes - Mattei, Galvis, Trammell, Stein, Zisa OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, Garry w. Lozier is the owner of certain real property known as Block 451, Lot 3, designated as 262 Clinton Place; and WHEREAS, the taxpayer has filed an appeal to his 1992 real property tax assessment, which matter is presently pending in the Tax Court of New Jersey; and WHEREAS, the _yearly assessment for the subject premises is $190,000; 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. 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 " Garry w. Lozier vs. City of Hackensack", Docket No. 012165-92 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $168,500 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 t / Resolution #64 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, -Arc -Realty Partners is the owner of certain real property known as Block 402, Lot 17, which property is designated and known as 383 Main Street; and WHEREAS, the taxpayer has filed an appeal of its 1992 real property tax assessment, which matter is presently pending in the Tax Court of New Jersey; and I WHEREAS, the annual assessment for the subject premises, for the tax year in question, is $840,700; 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 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 "Arc Realty Partners vs. City of Hackensack", Docket No. 02-23-08163-92, presently' pending in the Tax Court of New Jersey, so that the assessment be reduced to $650,200 for. 1992 � and BE IT FURTHER RESOLVED that the foregoing settlement is I predicated upon a full waiver of any interest payable to the taxpayer on the refund. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #65 OFFERED BY: GALVIS 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 $ 8,615,261.54 Public Parking System Account ·12,317.68 Capital Account 491,380.02 Public Assistance II Account 21,417.52 Payroll Agency Account 145,534.80 SUI Account 2,464.57 Trust Account 34,409.00 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 #66 OFFERED BY: STEIN SECONDED BY: GALVIS BE IT RESOLVED by the City Council of the City of Hackensack that the Mayor and the City Clerk be and hereby are authorized to execute an Agreement with the County of Bergen for the procurement of a grant in the amount of $205,000.00 to be used for the establishment I of a Regional Public Safety Answering Point in the City of Hackensack. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa The Mayor asked the City Manager, City Attorney and other members of Council if they had anything to report. Councilman Stein congratulated the Police pistol team for having placed number one for the third year in the C9unty. l Mayor Zisa opened the meeting to the public for discussion of City business. Joe Papano, 33 Essex Street, spoke at length about changes he wanted to take place on Fair Street for the purpose of improving the area and to help the businesses in the area. Eric Martindale, 33 Essex Street, supported Joe's comments and I made some suggestions as to how some of the improvements could be made. He distributed a map and requested comments from the Mayor and Council. The Mayor advised him that these are major changes he is proposing and the City Council could not comment on them. The Mayor recommended that the map be presented to the Planning Board. Rainer Olster, 144 Union Street, complained about the conditions of the City as a result of the snow and ice. Mr. Olster also complained about the amount of the Public Assistance account. Since Mr. Olster frequently complains about this account the Mayor suggested that he take his complaints to the legislators. Mrs. Toomey, who is the Director of Human Services, is following State law. Mayor Zisa reaffirmed the fact that we are reimbursed 100 percent.  Lisa Kelly Reid, 26 Cambridge Terrace, also spoke on the changes on Fair Street, adding that the business owners need additional parking. Previously there was a thirty minute parking sign which was removed. As a result the business owners are losing their customers. She requ�sted parking again be allowed on the street. Mayor Zisa advised that the matter is being looked into but the parking is determined by the Traffic Division of the Police I Department. City Manager Lacava indicated that the parking situation is under review. The Unitea Jersey Bank has closed their drive-up window and he is waiting to see what they are planning to do with that area. Ray Reid, 30 Fair Street, advised that he cannot receive deliveries because the thirty minute parking sign has been taken away. He requested that Council take action to provide for some kind of parking on Fair Street for their customers. Also speaking on this issue were Angelo Hernandez, 37 Fair Street and Johnny Batisse of 23 Fair Street. Dorothy Schwartz, 47 Prospect Avenue, spoke on rent control issues. Mayor Zisa asked the City Attorney if there was anything new on the Fort Lee case. The City Attorney gave a status report. Mr. Olster, Union Street, also complained about the brick work at Main, Mercer and Atlantic Streets being dangerous because there are no curbs. He said the stanchions are constantly being hit by the vehicles. He suggested that girders be installed in lieu of the I stanchions. Eric Martindale advised that he 'l,/ai ,�ot aware that the store owners would be appearing at the meeting to ni g ht and ·aavlsea there are conflicts. Motion offered by Stein, seconded by Galvis that the public hearing of the meeting be closed and the meeting be adjourned. Carried ( 9:35 p.m.} I COUNCILMAN MARK A. STEIN ,_ ' ( ATTEST: