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 Tuesday, February 22, 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 Jesus R. Galvis, Deputy Mayor Juanita Trammel 1, CounciIman Mark A. Stein, Mayor John F. Zisa, City Clerk I Doris L. Dukes, City Attorney Richard E. Salkin and City Manager James s. Lacava Absent - Councilman Roger B. Mattei 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. " Mayor z isa called for a motion to approve the minutes of the Regular Meeting held February 7th and the Special Meeting held February 14th, 1994. Motion offered by Stein, seconded by Trammell that the minutes be approved as submitted. Carried Resolution #69 OFFERED BY: TRAMMELL SECONDED BY: GALVIS BE IT RESOLVED by the. City Council of the City of Hackensack that the proper officers be andl are hereby authorized to make the following refunds for the reasons stated: $ 7,890. 48 BlOO, L2 Alan R. Hammer, Trustee for Advance Thread Corp. 1991 STB I 9,211. 02 BlOO, L2 Alan R. Hammer, Trustee for Advance Thread Corp. 1992 STB 31, 055. 26 B343, Ll2A Mccarter & English, Attorney for Camelot (var. ) Condominium Assoc. - 1992 STB 53,721. 31 B344, Ll6 Mccarter & English, Attorney for Baridge (var. ) House Condominium Assoc. - 1992 STB Payment of these refunds are to be made from proceeds of Bond/Notes to be issued. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei Resolution #70 OFFERED BY: STEIN SECONDED BY: GALVIS 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, February 25, 1994, 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, I New Jersey, on Thursday, March 3, 1994, at 10: 00 a. m. , be and are hereby authorized to be sold. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei Resolution #71 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, the Department of Public Works, Police and Welfare require Hardware and Software Support and Maintenance for their computer system: and  -, . WHEREAS, a proposal dated January 1, 1994, for maintenance of said systems to include hardware and software has been obtained from DMA Industries; and WHEREAS, these services are of an extraordinary unspecificable nature as it involves the maintenance of a �omplex computer system as defined by 5: 30- 14- C promulgated by the Local Finance Board, Division of Local Government Services, and .N�J. S. �. 40: 11- 5(i) (a) (ii) . ,) .,; ..,., NOW, THEREFORE, BE IT RESOLVED that the proposal of DMA Industries, P. O. Box 710, Fair Lawn, N. J. 07410 be accepted and a Service Contract in the amount of $ 26, 748 be awarded; and I BE IT FURTHER RESOLVED that the Chief Financial Officer certifies that funds will be available in the General Fund of the 1994 Budget from accounts: 94- 310- 308 $ 18 I 744 oo·• 94- 401- 308 3, 084. 00 94- 620-308 4, 920. 00 P. 0. #82953 Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei Resolution #72 OFFEREQ BY: GALVIS SECONDED BY: TRAMMELL WHEREAS, J&S Realty Co. are the owners of certain real property known as Block 206A, Lots 21, 22 designated as 106- 108 Main Street; 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 was I $ 1, 039, 000 for 1991, $ 1, 184, 700 for 1992, and $ 1, 016, 300 for 1993; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney and Tax Appraiser 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 i IT RESOLVED by the Mayor and Counci 1 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 "J&S Realty Co. vs. City of Hackensack", Docket No. 2-23- 05851- 92D & 00432- 92 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $ 825, 000 for 1991 and 1992, and $ 900, 000 for 1993; 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: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei Resolution #73 OFFERED BY: GALVIS SECONDED BY: TRAMMELL WHEREAS, Donald Fultonberg is the owner of certain real property known as Block 238, Lot 8 designated as 160 Overlook Avenue, Unit 3D- l; and WHEREAS, the taxpayer has filed an appeal to his 1992 real property tax assessment, which matter is presently pending in the Tax ,..._ .. .,_ ... --t= T\.T_,..,. T----"T • �""...:1  3J WHEREAS, upon review of information submitted, a reduction appears appropriate; and - WHEREAS, it is the recommendation of the Tax Attorney and Tax App raiser that this matter should be settled; and ' WHEREAS, said settlement is in the best interests of the City of Hackensack. I NOW I THEREFORE I BE IT RESOLVED by the Mayor and Counci 1 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 "Donald Fultonberg vs. City of Hackensack", Docket No. 012772- 92 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $ 88, 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 - Galvis, Trammell, Stein, Zisa Absent - Mattei Resolution #74, Temporary Capital Budget Amendment, offered by Stein, seconded by Trammell and carried, is attached hereto and made a part hereof. Resolution #75 OFFERED BY: TRAMMELL SECONDED BY: GALVIS INTRODUCTION OF BOND ORDINANCE NO. 11- 94 ENTITLED: "REFUNDING BOND ORDINANCE PROVIDING FOR PAYMENT OF AMOUNTS OWING TO OTHERS FOR TAXES LEVIED IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF I BERGEN, NEW JERSEY, APPROPRIATING $2,500,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $2, 500,000 BONDS OR NOTES OF THE CITY FOR FINANCING THE COST THEREOF". BE IT RESOLVED that the qbove ordinance, being Ordinance No. 11- 94 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 March 7, 1994, at 8: 00 P. M. , or as soon thereafter as the matter can be reached at the regular meeting place of the City Council, and at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance and 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 - Galvis, Trammell, Stein, Zisa Absent - Mattei Resolution #76 OFFERED BY: STEIN 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 $ 944, 012. 73 I Public Parking System Account 6, 257. 95 Capital Account 21, 385. 71 Public Assistance II Account 11, 694. 21 CDBG Account 42, 475. 41 Trust Account 4, 662. 00 Payroll Agency Account 240, 682. 08 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 - Galvis, Trammell, Stein, Zisa  , Mrs. Dukes advised the Mayor that her Docket was completed. The Mayor thanked her and asked the City Manager and City Attorney if they had anything to report. They did not. The Mayor then asked members of Council if they had anything to report. Councilman Galvis addressed the emergency that occurred on Main Street on this past Friday stating that a great number of businesses were affected. He congratulated the Police Department for their help I as well as the Department of Human Services for coordinating the move to the Civic Center. Councilman Galvis also stated that a letter should be sent to J. Fletcher Creamer for the fine job they did in the emergency. The Mayor opened the meeting to the public for discussion of City business. Lisa Kelly Reid, 26 Cambridge Terrace, addressed the parking situation on Fair Street. She stated that she had attended the last meeting and spoke on the subject and had not heard from anyone. Mayor Zisa advised that the matter had been turned over to the Traffic Department. When Mayor Zisa explained that the "No Parking" sign which was previously installed on Fair Street was an illegal one, Ms. Reid appeared to become argumentative. Ray Reid, 30 Fair Street, a business owner on Fair Street, said he had spoken with Deputy Mayor Trammell about the matter of parking and she had indicated that she would check it out, but he has not heard from her. As Mr. Reid was speaking, Ms. Reid continued to interject. Mayor Zisa reminded her that he would only hear one speaker at a time. If I she continued in the same vein, he would have to ask her to leave the room. The City Attorney advised that for the past fifteen years there has been no parking on Fair Street. If it is decided at the recommendation of the Traffic Department that parking should be allowed on Fair Street, it will still have to be reviewed by the State: therefore, the process is not an overnight one. Mrs. Trammell stated that she did stop by the shop and it was closed. Also speaking on the "no parking" on Fair Street was Johnny Batiste, 33 Fair Street and Carlos Quenous, 23 Fair Street. The speakers were asking for at least thirty minutes of parking on Fair Street, and if not parking signs, requested consideration of a meter to allow their customers and deliveries to be made for their businesses. Mayor Zisa stated that the Traffic Department is investigating the feasibility for parking on Fair Street, but there is a process that would take some time. Dorothy Schwartz, 47 Prospect Avenue, continued to speak on the rent as it relates to security deposits and moving costs. She added t that the C. P. I. for January was 1. 7 percent.  Motion offered by Galvis, seconded by Stein that the public hearing be closed and the meeting be adjourned. Carried (8: 45 p. m. ) I Absent COUNCILMAN ROGER B. MATTEI ATTEST: I I  TEMPORARY CAPITAL BUDGET AMENDT-!ENT .t<eso.Lui.:: ion if 14!:: ;; / ... � . �, � . ""' Temporary Whereas, the 1oca.ll\capital budget for the yearl99 4 .-_::: . _ __ was adopted on the 3rd day _of Ja nuacy , l��:- and, Whereas, it is desired to amend said adopted capital budget section, Now, Therefore Be It Resolved, by the Citv council of the City 0f Backen.sack , C ounty of Beroen , that the following amendment (s) to the adopted .._--�-- cap ltal budget section of Annual Budaet be made: RECORDED VOTE ( GALVIS ( ( {Insert last names} { TRAMMELL { ABSTAIN ( NONE AYE S ( STEIN NAYS ( NONE ( ( ZISA ( ABSENT ( MATI'EI ( ( ( � CAPITAL BUDGET ( Current Year Ac tion} 19 94 --- PLANNED FUNDING SERVI CES FO R CURRENT YEAR 19 - 5 (d) 2 3 A� S (a) 5 {b) , 5 (c) Grants in S{e) 6 '1 PPDJECT ESrD-iro::ED :RESERVED JN 19 Budget Capital Capital Aid and Debt 'ID BE FUNDED PROJECI' NU"MBER --- 'IOrAL COST PRIOR YEARS ADOl:ooriations Imcrove:ren.t Fund SUrolus Other F\lnds Authorize:i m FOl'URE YE.!\RS : Appeal id Refunds f?2,SOO,OOO.OO L ALL PROJECTS $2, 500,000.0d YEP.R CAPITAL PROGRAM lS 94 15 99 ­ - Anticipated PROJECT Schedule and Funding Requirement 5 4 FtJNDIN:; AMJ1JNI'S PER. YEAR 2 3 Estima:ted Budget l Project Estimated CO'npletion Year Pro:TECT Nunber Total Cost Tirre 19 19 - 19 19 19 19 19 . �x Appeal :md Refunds TOTAL ALL PROJECTS $2,500,000.00 �' ....  .: ·' _s_ Year Capitai Pro,gr�,,_1994 1999 R�solttJ:io n #74 - Page 2 SUMMARY OF ANTICIPATED FUN D I N G SOURCES AND AMOUNTS 3 7 BUCGEI' APPROPRIATICNS B:t-lDS AND N:1.rEs 4 6 2 capital 5 Grants in 1 ES-....iiated OJrrent Future Irrprovem:nt capital Aid am Self POOJ.El:T 'I'OrAL COST Year 19_ Years Fund Surolus Other Ftmds General Liauidating Assessrent Schcol Tax Appeal Bond Refunds $2,500,000.00 � $2, 500,000.00 TOTAL ALL PROJ�CTS .: Be it Further Resolved, that this comple te amendment, in accordance wi th the provisions of NJAC 5:30-4.4(e) be published in N A in the issue of , 19 Be it Furthe r Resolved, that two ce rtified copies of this re solution be fi led forthwith in the Office of the Director of Local Governmen t se·rvices. It is hereby certified that this is a tru$ copy of a resolu tion ame nding the capi tal budge t se ction adop ted by the governing body on the �;?.,, day of --;rd , 19 -1':z{. � Ce rtified by me - (DATE) � ��� MUNICIPAL CLERK TRENTON, NEW JERSEY APPROvED , 19 DIRECTOR OF LOCAL GOV:SRNMEt.lT SERVICES