City Council

1o 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, April 1 8, 1994. The Mayor called the meeting to order at 8:00 p.m. and requested everyone stand for the flag salute and to remain standing for a moment of silence in memory of Reverend Richard H. Puryear. The Mayor then asked the City Clerk to call the roll. I Present - Councilmen Roger B. Mattei, Jesus R. Galvis, Deputy Mayor Juanita Trammell, Councilman Mark A. Stein, Mayor John F. Zisa, City Clerk Doris L. Dukes, 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." Mayor Zisa called for a motion to approve the minutes of the April 4th and 11th, 1994 meetings. Motion offered by Mattei, seconded by Stein that the minutes be approved as submitted. Carried FINAL ADO PTION OF ORDINANCE NO. 15-94 ENTITLED: "BOND ORDINANCE OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, AMENDING BOND ORDINANCE NUMBERED 13-92 OF THE CITY, FINALLY ADOPTED OCTOBER 5, 1992, IN ORDER TO REVISE SECTION 3 AND SECTION 6 { B } ". Mayor Zisa: "This Ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?" I Motion offered by Galvis, seconded by Stein that there be a public hearing. Carried Mayor Zisa asked if anyone present wished to be heard on this Ordinance. Jack Donovan, Willow Avenue, questioned the purpose of this Ordinance and was answered by City Attorney Salkin. Mr. Donovan said he is concerned that we are passing the cost of government on to our children, with interest. Motion offered by Mattei, seconded by Trammell that the public hearing be closed. Carried Resolution #124 OFFERED BY: TRAMMELL SECONDED BY: MATTEI BE IT RESOLVED by the City Council of the City of Hackensack I County of Bergen and State of New Jersey that Ordinance No. 15-94 entitled: "BOND ORDINANCE OF THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, AMENDING BOND ORDINANCE NUMBERED 13-92 OF THE CITY, FINALLY ADOPTED OCTOBER 5, 1992, IN ORDER TO REVISE SECTION 3 AND SECTION 6 { B ) ", pass its second and final reading and is hereby adopted. I Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa FINAL ADO PTION OF ORDINANCE NO. 16-94 ENTITLED: "BOND ORDINANCE PROVIDING FOR THE RECONSTRUCTION OF WEST RAILROAD A VENUE IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING $250,000 THEREFOR, INCLUDING $97 ,000 EXPECTED TO BE RECEIVED AS A FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT, AND AUTHORIZING THE ISSUANCE OF $238, 000 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF". Mayor Zisa: "This Ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?" 71 Motion offered by Stein, seconded by Trammell 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 Mattei, seconded by Galvis that the public hearing be closed. Carried I Resolution #125 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. 16-94 entitled: "BOND ORDINANCE PROVIDING FOR THE RECONSTRUCTION OF WEST RAILROAD A VENUE IN AND BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING $250,000 THEREFOR, INCLUDING $97, 000 EXPECTED TO BE RECEIVED AS A FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT, AND AUTHORIZING THE ISSUANCE OF $238,000 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF", pass its second and final reading and is hereby adopted. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #126, authorizing refunds of various 1993 CTB 's approved by Stein, seconded by Trammell and carried, is attached hereto and made a part hereof. Resolution #127, authorizing refunds of various 1991, 1992 and 1993 STB's and an erroneous payment approved by Mattei, seconded by Trammell and carried, is attached hereto and made a part hereof. Resolution #128, "Sale of Tax Sale Certificates", was pulled due to liens having been paid. No action required. I Resolution #129 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, the City of Hackensack advertised for bids to be received for the Improvement of West Railroad Avenue on January 26, 1994; and WHEREAS, nine (9) bids were received and reviewed by the Consulting Engineer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that upon the recommendation of Kenneth G. B. Job, Consulting Municipal Engineer, the contract for the Improvement of West Railroad Avenue be awarded to Smith-Sondy Asphalt Construction Company, Wallington, N.J., the low bidder for the total amount of $1 83,696.20; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available from Account No. 05-1694-01 of the Capital Fund, for said amount, Purchase Order #83762. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #130 OFFERED BY: GALVIS SECONDED BY: STEIN I WHEREAS, it is the desire of the Mayor and Council of the City of Hackensack to engage the services of John S. Cohen Associates, licensed architect of 397 Summit Avenue, Hackensack, New Jersey, to undertake the third phase of a project to make improvements in the area of Anderson Street, Linden Street and Union Street in the City of Hackensack; and WHEREAS, such professional services wi 11 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-3(1) (a) (i) of the Local Public Contracts Law; and  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, this phase of the contract sets forth a maximum professional fee of $17,500.00 for the architectural services as described in Sections A.l, A.2, A.3 and A.4 of their letter proposal dated December 2 8, 1993; and I WHEREAS, the Chief Financial Officer has certified that funds are available from Account No. 05-0493-02 of the Capital Fund in the amount of $17,500.00. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack as follows: 1. The Mayor and City Clerk are hereby authorized and directed to execute a contract with John s. Cohen Associates of 397 Summit Avenue, Hackensack, New Jersey, for the provision of the aforementioned architectural services. 2. That this contract is awarded without competitive bidding as a professional service 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 and whose profession is regulated by law to practice in accordance with the provision of said statute; and BE IT FURTHER RESOLVED that the City Clerk is hereby directed to retain one copy of the contract for public inspection and to publish a notice of this action once in The Record. I Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #131 OFFERED BY: MATTEI SECONDED BY: TRAMMELL WHEREAS, Steven Adler is the owner of certain real property known as Block 237, Lot 2 designated as 100 Prospect Avenue, Apt. SM; 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 $131,700; 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, THEREFORE, BE IT RESOLVED by the Mayor and Council 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 "Adler vs. City of Hackensack", Docket No. 012817-92 presently pending in the Tax Court of New Jersey, so that the assessments be reduced to $ 85,000 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 73 Resolution #132 OFFERED BY: MATTEI SECONDED BY: TRAMMELL WHEREAS, Peter and Theresa Austin are the owners of certain real property known as Block 119, Lot 40 designated as 1 85 Hopper Street; 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 I $162,000; 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, 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 "Austin vs. City of Hackensack", Docket No. 013042-92 presently pending in the Tax Court of New Jersey, so that the assessments be reduced to $150,000 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 Resolution #133 OFFERED BY: MATTEI SECONDED BY: WHEREAS, Toni Bialkowski is the owner of certain real property known as Block 452, Lot 24 designated as 466 Passaic Street, Apt. SH; TRAMMELL I and WHEREAS, the taxpayer has filed an appeal to its 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 $101,500; 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, THEREFORE, BE IT RESOLVED by the Mayor and Council 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 "Bialkowski vs. City of Hackensack", Docket No. 012 816-92 presently pending in the Tax Court of New Jersey, so that the assessments be reduced to $ 83,400 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 #134 OFFERED BY: MATTEI SECONDED BY: TRAMMELL WHEREAS, Breslow are the owners of certain real property known as Block 341, Lot 8 designated as 326 Prospect Avenue, Apt. 4B; 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 $140,300; and I WHEREAS, upon appears appropriate; WHEREAS, it is review and the of information recommendation of submitted, the Tax a Attorney reduction and Tax Appraiser 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 "Breslow vs. City of Hackensack", Docket No. 000040-93 presently pending in the Tax Court of New Jersey, so that the assessments be reduced to $115,000 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 I Resolution #135 OFFERED BY: MATTEI SECONDED BY: TRAMMELL WHEREAS, Robert Carrigan is the owner of certain real property known as Block 540, Lot 8 designated as 20 Jefferson Street, Apt. A2; and WHEREAS, the taxpayer has filed an appeal to its 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 $90,000; 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, 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 "Carrigan vs. City of Hackensack", Docket No. 013034-92 presently pending in the Tax Court of New Jersey, so that the assessments be reduced to $75,000 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 Resolution #136 OFFERED BY: MATTEI SECONDED BY: TRAMMELL WHEREAS, Greta Cooper is the owner of certain real property known as Block 230, Lot 24 designated as 169 Beech Street: and WHEREAS, the taxpayer has filed an appeal to its 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 $413,000: and WHEREAS, upon review appears appropriate: and of information submitted, WHEREAS, it is the recommendation of the Tax Attorney and Tax a reduction I Appraiser 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 "Cooper vs. City of Hackensack", Docket No. 000043-93 presently pending in the Tax Court of New Jersey, so that the assessments be reduced to $325,000 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 I Resolution #137 OFFERED BY: MATTEI SECONDED BY: TRAMMELL WHEREAS, Craig Guimes is the owner of certain real property known as Block 219, Lot 25 designated as 75 Union Street, Apt. SA: and WHEREAS, the taxpayer has filed an appeal to its 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 $123, 500: 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, 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 I necessary in order to effectuate a settlement of litigation entitled " Guimes vs. City of Hackensack", Docket No. 000044-93 presently pending in the Tax Court of New Jersey, so that the assessments be reduced to $91,500 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 #13 8 OFFERED BY: MATTEI SECONDED BY: TRAMMELL WHEREAS, E. Eric Haug is the owner of certain real property known as Block 344, Lot 16 (C006A) , designated as 307 Prospect Avenue, Unit 6A; and WHEREAS, the taxpayer has filed an appeal to its 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 $141, 800; 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, 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 "E. Eric Haug vs. City of Hackensack", Docket No. 012828-92 presently pending in the Tax Court of New Jersey, so that the assessments be reduced to $120, 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 I Resolution #139 OFFERED BY: ' MATTEI SECONDED BY: TRAMMELL WHEREAS, Jack Osofsky and Marilyn Osofsky are the owners of certain real property located at 195 Polifly Road; and WHEREAS, the taxpayers have filed an appeal to their 1992 and 1993 property tax assessment, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the total yearly assessment for the subject premises is $977, 000 for the tax year 1992, and $ 879, 000 for the 1993 tax year for the property located at Block 121, Lot 42; 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, 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 "Osofsky vs. City of Hackensack", Docket Nos. 012892-92 and 005216-93, presently pending in the Tax Court of New Jersey, so that the total assessment of $977, 000 be reduced to $665, 000 for the 1992 tax year and the assessment of $ 879, 000 be reduced to $ 750, 000 for the 1993 tax year for the property located at Block 121, Lot 42; 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 77 Resolution #140 OFFERED BY: MATTEI SECONDED BY: TRAMMELL WHEREAS, Regina Perry is the owner of certain real property known as Block 238, Lot 8 designated as 160 Overlook Avenue, Apt. 21B: and WHEREAS, the taxpayer has filed an appeal to its 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 I $169,000; 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, 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 " Perry vs. City of Hackensack", Docket No. 013139-92 presently pending in the Tax Court of New Jersey, so that the assessments be reduced to $140,000 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 Resolution #141 OFFERED BY: MATTEI SECONDED BY: WHEREAS, P KN Associates are the owners of certain real property located at 24 Bergen Street; and TRAMMELL I WHEREAS, the taxpayer has filed an appeal to its 1992 real property tax assessment, which matters are presently pending in the Tax Court of New Jersey: and WHEREAS, the total yearly assessment for the subject premises is $779,000 for the property located at Block 209, 4ot 3; and WHEREAS, upon review of informati0n 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, 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 " P KN Associates vs. City of Hackensack", Docket No. 02230595 2 92 presently pending in the Tax Court of New Jersey, so that the total assessment of $779,000 be reduced to $720,000 for the property located at Block 209,_�ot 3 for the year 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 #142 OFFERED BY: MATTEI SECONDED BY: "TRAMMELL WHEREAS, Myrna Wigod is the owner of certain real property known as Block 343, Lot 14 designated as 235 Prospect Avenue, Apt. 14 G; and WHEREAS, the taxpayer has filed an appeal to its 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 $118,500; and I WHEREAS, upon review appears appropriate; and of information submitted, WHEREAS, it is the recommendation of the Tax Attorney and Tax a reduction Appraiser 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 "Myrna Wigod vs. City of Hackensack", Docket No. 012469-92 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $7 8,0000 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 I Resolution #143 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 $ 1,409,790. 64 Capital Account 110,0 83. 90 Public Parking System Account 14,479. 33 Public Assistance II Account 19, 872. 31 Payroll Agency Account 82,813. 81 Trust Account 2,450. 00 Cat License Account 168. 00 Current Fund Account 100,000. 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 #144 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, the City of Hackensack advertised for bids to be received for Underground Storage Tank Removal at the Police Garage on I March 11, 1994; and WHEREAS, six (6) 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 Consul ting Engineer, the contract for Underground Storage Tank Removal at the Police Garage in the City of Hackensack be awarded to D. T. Allen Contracting, 799 Franklin Avenue, Franklin Lakes, New Jersey, for the total amount of $3,333. 00; and  BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available from the Capital Account No. 05-1292-0003. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #145 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, on February 16, 19 82, the Mayor and City Council of the City of Hackensack did approve Resolution No. 70 which authorized the I establishment of a Deferred Compensation Plan for employees of the City of Hackensack, pursuant to Section 457 of the Internal Revenue Code; and WHEREAS, said Deferred Compensation Plan (hereinafter " Plan A") was, pursuant to the provision of N.J.S.A. 43:15B-l et seq., then submitted for the review by and approval of the Division of Local Government Services of the Department of Community Affairs of the State of New Jersey; and WHEREAS, the Deferred Compensation Plan (" Plan A") was approved by the Di vision of Local Government Services on or about March 9, 1982, and has been in effect in the City of Hackensack since that time; and WHEREAS, the Mayor and Council of the City of Hackensack are desirous of establishing a second Deferred Compensation Plan (hereinafter " Plan B") for the benefit of City employees so as to afford greater flexibility to said employees when making their post-retirement financial decisions for the withdrawal/transfer of their respective deferred compensation; and WHEREAS, a proposed form of " Plan B" has been provided to the City of Hackensack by National Plan Coordinators of Delaware, Inc., accompanied by a letter of Arthur E. Downer C.L.U. dated April 12, I 1993, which is deemed to be, by virtue of this resolution, a part of the plan itself; and WHEREAS, any such Deferred Compensation Plan cannot be implemented until reviewed and approved by the Division of Local Government Services of the Department of Community Affairs of the State of New Jersey; and WHEREAS, said review and approval requires submission of certain documentation including, but not limited to: 1. A copy of the proposed Deferred Compensation Plan. 2. A copy of the proposed Service Agreement with the Plan Administrator, as well as a Council resolution authorizing the Agreement. 3. Representation by the City Attorney, City Auditor, or other appropriate City official as to compliance with any and all Federal and State law and/or regulations. 4. Sufficient indicia, such as a "private letter ruling" from the Internal Revenue Service, that the proposed plan comports with Section 457 of the Internal Revenue Code of 1986. 5. A certified copy of the City Council resolution adopting said Deferred Compensation Plan subject to approval from the Division of Local Government Services of the Department of Community Affairs of rthe ) Stai�' of New Jersey. -• I - ' - • ' t • : '. NOW I THEREFORE I BE' IT RESOLVED by the Mayor and City Council of the.�ity of H�ckensack .ia follows: ' ,' ·, I f  t?o 1. The second Deferred Compensation Plan ("Plan B") , including the letter of Arthur E. Downer C.L.U. dated April 12, 1993, prepared by National Plan Coordinators of Delaware, Inc. for the City of Hackensack is hereby adopted and deemed effective as of the date of approval by the Division of Local Government Services of the Department of Community Affairs of the State of New Jersey: and 2. The Deferred Compensation Committee of the City of Hackensack be and hereby is appointed as the "Plan Administrator" of the second Deferred Compensation Plan ("Plan B") . I 3. The Deferred Compensation Committee, and all other appropriate City officials, are hereby authorized to submit any and all requisite documentation to the Division of Local Government Services of the Department of Community Affairs of the State of New Jersey in furtherance of the approval process. 4. The City Clerk be and hereby is authorized and directed to certify to the adoption of the resolution and shall cause this resolution to be entered in the records of the City of Hackensack. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #146 OFFERED BY: GALVIS SECONDED BY: TRAMMELL WHEREAS, the Mayor and Council of the City of Hackensack have established, subject to the approval of the Division of Local Government Services of the Department of Community Affairs of the State of New Jersey, a second Deferred Compensation Plan ("Plan B") for the benefit of the employees of the City of Hackensack: and WHEREAS, National Plan Coordinators of Delaware Inc., 242 North James Street, Suite 105, Newport, Delaware, has provided consultation and coordination services to the City of Hackensack and its I individual employees for the proper administration of the first and existing Deferred Compensation Plan established by the Hackensack City Council on February 16, 1982: and WHEREAS, the consultation and coordination services afforded by National Plan Coordinators are provided without cost to the City of Hackensack as to the employees enrolled in the Plan: and WHEREAS, it is the desire of the Mayor and Council to enter into an agreement with National Plan Coordinators of Delaware Inc. to provide such consul tation and coordination services to the City of Hackensack and its employees for the proper administration of the second Deferred Compensation Plan ("Plan B") : and WHEREAS, such consultation and coordination services to be rendered are specialized and qualitative in nature and require expertise training and proven reputation in this field of endeavor. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack, as follows: 1. That the Mayor, City Clerk, and such other City officials as may be appropriate, be and hereby are authorized to execute an Agreement with National Plan Coordinators of Delaware Inc., 242 North James Street, Suite 105, Newport, Delaware, to provide such I coordination and consulting services to the City of Hackensack and its employees. 2. This Agreement is authorized without resort to public bidding pursuant to the provisions of the "Local Public Ccin-tracts Law" (40A: ll-l et seq.) because same does not entail the e_xpenditure 1 of any funds by the City of Hackensack' or the participating employees, and the services to be''"provide<:a by ,.-N.ational ·Pian · ... . . Coordinators qualify as "extraordinary, unspecifiable services" within the context of N.J.S.A. 40A: ll-5(l) (a) (ii) . 31 3. The City Clerk shall keep a copy of this resolution as well as a copy of the Agreement on file and available for public inspection upon execution of same. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Mrs. Dukes advised the Mayor that her Docket was completed. Mayor Zisa thanked her and asked the City Manager, City Attorney I and members of Council if they had anything to report. Councilman Stein said he was proud to announce that our Volunteer Program, which was initiated three years ago, has been adopted as a model program for other municipalities. Mr. Stein also announced that of the eight teams competing in the Olympics of the Mind, four teams placed and one team from Fairmount will go on to Iowa for the World Competition. Mr. Stein also commented on an article that appeared in The Record regarding the moving of the jail project to another location. He said, from the beginning, he has endorsed the project. He said the article alluded to the fact that the Mayor had something to gain. We all have something to gain. The fact that we own property along the river front to develop and considering the tax exempt status, we stand to lose tax dollars. Councilman Galvis reported he attended a meeting with the merchants on Main Street on April 10th. In about two weeks they will come before the City Council to give a report. Mayor Zisa thanked the many individuals who attended the Freeholders ' meeting. The Chambers was overfilled with 90% Hackensack I people. He said he appreciates the support and the petition drives. The City Council has been very supportive. The Mayor opened the meeting to the public for discussion of City business. Mary Watson, 267 High Street, reported construction work taking place on Sundays at Quail Heights and wanted to know who gives them permission to work on Sundays. She said the Police was called and the workers told them the zoning Board gave them permission. She was advised that the zoning Board could not give permission to anyone to work on Sundays. It is prohibitea and was advised that the Manager would look into the matter. Mrs. Watson also addressed the storm sewer to be placed at Third and High Streets, asking where would the hookups be. Mayor Zisa said he was not qualified to answer at this time, but she could either call Mr. Duffy or Mr. Lacava will take care of it. Frank Campbell, Catalpa Avenue, addressed several iterns, i.e., the condition of the City, property on Clinton at Grand Avenue, the responsible party for the missing curb on Spring Valley Avenue, the delayed 1994 budget and the recycling schedule. Mayor Zisa and Councilman Stein responded to his comments and complaints. Motion offered by Stein, seconded by Galvis that the public hearing be closed and the meeting be adjourned. Carried (9:05 p.m.) I c . GALVIS ATTEST:  - --·---- ---- ...--.. --··--·-·--··---. -- -- .. .. --- - . - .....___ ..__ � ·--- ... ·-- - CITY OF EACKENSACK RESOLUTION NO. 126 OFFERED BY: �TEIN SECONDED BY: TRAMMELL BE IT RESOLVED by the City Co1.JI1cil of the City of Hackensack that t�..e proper officers be and are hereby authorized to make the following refunds for the reasons stated: u.rnount BLCCK Lor NAME YEAR REASON $103. 32 61A 3 Khorozian, Irene & Krikor 1993 cm 2,591.61 66 59 Courc Square Associates 1993 134.89 70 12 Lo Piccolo, Salvatore & Angela 1993 430.50 72 18 D'Elia, Jay & Cebra 1993 396.06 86 26 Opp:nheimer, L.J. & Cdsess, B. 1, 730.61 90 14 Kiehl Phannac y Inc. 717. 50 lOOH 14A Reingold, Irving 2,181.20 108 6 Nashel Kates 3, 188.57 112 21 Arre.to, Anthony & Rose Marie 218. 12 122 20 Alango, S & S 172.20 124D 17 Ortiz, Frank & Anna 430. 50 128 44 Real Estate Investments Inc. 249.69 133 56 Lascala, Joseph & Helen 1, 107. 82 209 23 Chase, Seymour 261.17 218 22 DiCarolis Realty Co. 843.78 219 25-lB Reynolds, Patricia & Burke, P. 835. 17 219 25-JC Bunano, F. & Juricek, B. 826. 56 219 25-4B Boschen, William 0. 861.00 219 25-5A Gillres, Craig P. 861. 00 219 25-5D Keller, Robert C. 921.27 220 12 Variable Speed Industries Inc. 157. 85 221 22 Robles, Beatrice 2,600.22 223 11 Kenwocd., Martin S. 714.63 223 14 " Kenwocd., Martin S. 574.00 237 2-4K Caxt;)bell, Brian P. & Suzan F. 574. 00 237 2-4M Bloan, J. & Stonn, s. 574.00 2137 2-SM Adler, Steven L. 177.94 240 13B Bajakian, Gerald 1, 325. 94 242 8 Strika, Zivko Anton 2,142. 97 312 1 Napolitano & Napolitano, Att'y for R. M. Weber 961.45 318 3-0A Rigolosi, Robert S. 4, 207.42 324 12A Hilcone Inc. 499. 38 336 23-142C G.S.G. Realty Co. 485. 03 336 23-163B G.S.G. Realty Co. 499.38 336 23-182A G.S.G. Realty Co. 1,090. 60 336 23-183A Valdes, Vilma 485. 03 336 23-202B G.S.G. Realty Co. q7,666. lO 341 8 (Var) Steven Muhlstock Att'y for Luppino, World Plaza & Starace � i, 018. 85 341 12A-5G Luppino, Carmelo I 'repared by E. D. Yock, CTC 199 3 CTB THIS rs TO CERTIFY THAT THE ABOVE RESOLUT ON IS A RUE COPY PASSED BY THE CITY COUNCIL ON APRIL 18, 1994 7 ./"' �� CITY CL�  - ----------- -· -· --·- ·· . ·-··----------- Page 2 NO. 126 22,520.89 341 12A (Var) Steven Muhlstock, Att 'y for Luppino 19 3 cm 175.07 344 16-12D CeFilippe , Patric.1< 120.54 344 16-12F Gilbe...rt I Kathryn A. 86.10 428 1-JJ Chang, Fukao & Sandia 401.80 442 11-SH Pinto, Ann 258.30 442 23 Azar, Ayub N. & Hosanna N. 114.80 452 79 Azar, Ayub N. & Hosanna 717.50 504 3A �.irus c/o Rash 192.29 537· 4-106 Cebn, Richard & �..ary Beth 114.80 537 4-201 Covello, Francis H. & Kathleen 77.49 554 41 Troiano, Michael & Valerie 200.90 561 6 Cerbo, Fred & Alice 1993 CTB Payrrent of these refunds are to be make from proceeds of Bond/Notes to be issued. Roll Call: Ayes - Mattei, Galvis, Trammell, Stefn, Zisa  ....,._ _ CITY OF HACKENSACK RESOLUTION NO. 127 OFFERED BY : MATTEI SECONDED EY: TRAMMELL BE IT RESOLVED by tbe City Council of tbe City of Hac.1<ensad that the prq;::er officers be and are hereby authorized to make the following refunds for tbe reasons stated: -�UNT BLCCX LOT NAME YEAR REASOf'/ $1,055.34 78 llA Alan R. Hamer, Trustee for John A.1.roy 1991 STB 1,086°.9"1 78 llA Alan R. Hamrer, Trustee for John Alroy 1992 STB 1,729.26 86 43 Alan R. Hamrer Tr. for J .D. & V. Alroy 1991 STB 1,780.99 86 43 Alan R. Hamrer, Tr. for J.D. & V. A.1.roy 1992 STB 7,799.22 95 lD Saul A. Wolfe, Att 1 y & Key Handli.11g Systems-1_ Inc. 1991 STB 8,032.53 95 lD Saul A. Wolfe, Att 'y & Key Handling Systems, Inc. 1992 STB 781.56 106 13-A4 Alan R. Hamrer Tr. for L & M Grosso 1991 STB 2,255.76 110 3 Alan R. Hamrer, Tr. for 272 So. Sumnit Assoc. 1991 STB 2,323.24 110 3 Alan R. Harmer, Tr. for 272 So. Sumnit Assoc. 1992 STB 5,424.12 110 18 Alan R. Harmer, Tr. for A. & S. Cocoziello 1991 STB 5,586.38 110 18 Alan R. Hamrer, Tr. for A. & S. Cocoziello 1992 STB 739.44 128 33 Alan R. Hamrer, Tr. for Polifly SaVJ.ngs & Loan 1991 STB 761.56 128 33 Alan R. Hamrer, Tr. for Polifly Savings & Loan 1992 STB 585.00 128 35 Alan R. Hamrer, Tr. for Polifly Savings & Loan 1991 STB 602.50 128 35 Alan R. Hamner, Tr. for Polifly Savings & Loan 1992 STB 1, 411. 02 128 37 Alan R. , Hamner, Tr. for Polifly Savings & Loan 1991 STB 1,453.23 128 37 Alan R. Harmer Tr. for Polifly Savings & Loan 1992 STB 8,763.30 206 16 Confederation Life Ins. Co. 1991 STB 2,120.04 223 11 Michael M. Stadler Trust Account 1991 STB 2,183.46 223 11 Michael M. Stadler Trust Account 1992 STB • 1,457.82 223 14 Michael M. Stadler Trust Account 1991 STB 1,501.43 223 14 Michael M. Stadler Trust Account 1992 STB 24,336.18 302 10 First Fidelity Bank, NJNA 1992 STE 23,212.56 302 10 First Fidelity Bank, NJNA 1993 STB 2,644.20 314 4 Alan R. Harmer, Tr. for Polifly Savings & Loan 1991 STB 2,957.07 314 4 Alan R. Hanmer, Tr. for Polifly Savings & Loan 1992 STB 957.06 314 2 Alan R. Hamrer, Tr. for Pol.ifly SaVl.Ilgs & Loan 1991 STB 1,971.38 314 2 Alan R. Hamrer, Tr. for Pol.ifly Savings & Loan 1992 STB 210.60 314 4A Alan R. Hamner, Tr. for Polifly Savings & Loan 1991 STB 433.80 314 4A Alan R. Hamner, Tr. for Polifly Savings & Loan 1992 STB 381.42 317 20 Alan R. Hamrer, Tr. for Polifly Savings & Loan 1991 STB 785.66 317 20 Alan R. Hanmer, Tr. for Polifly Savings & Loan 1992 STB. 563.94 317 21 Alan R. Hamrer, Tr. for Polifly Savings & Loan 1991 STB l, 161.62 317 21 Alan R. Hamner, Tr. for Pol.ifly Savings & Loan 1992 STB 3,292.38 324 12A Hilcone, Inc. 1991 STE 4,513.93 324 12A Hilcone, Inc. 1992 SIB 976.05 341 8-4K Raia, Samuel & Tina 1992 STB 2,017.08 341 8-9F Steven Muhlstock Tr. for Romina Starace 1991 S1B 2,077.42 341 8-9F Steven Muhlstock Tr. for Romina Starace 1992 S1B 2,134.08 341 8-llF Steven Muhlstock Tr. for C & V Luppino Enterprises 1991 STE 2,197. 92 341 8-llF Steven Muhlstock Tr. for C & V Lupp1!1o Enterprises 1992 STB •. l:",CeQared bv E. D. Yock. CTC THIS IS TO CERTIFY THAT THE ABOVE TRUE COPY PASSED BY . THE CITY COUNCIL ON APRIL 18, 1994 CITY �  4 -- -- --------- . .- Page 2 NO. 127 Cont. 14,349.14 415 1 Alan R. Harnrer, Tr. for Frank Alster 1992 STB 2,759.45 511 lA Alan R. Harnrer, Tr. for Amital Holding Corp. 1992 STB 2,446.15 526 4 44 Burlews Court Assoc. 1992 STB 4, 041.57 538 14 Andrew S. Kessler Att'y for Chateau Assoc. 1992 STB 1,474.20 548 23 Alan R. Harnrer, Tr. for Oritani Savings & Loan 1991 STB 1,518.30 548 23 Alan R. Harnrer, Tr. for Oritani Savings & Loan 1992 STB 430.56 588 23 Wilman, Harold F. & Irene M. 1991 STB 443.44 588 23 Wilman, Harold F. & Irene M. 1992 STB Payrrent of these refunds are to be made from proceeds of Bond/Notes to be issued. 132.43 352 90 Ba nkers Savings 1993 Erroneous C0024 Payment Roll call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa·