City Council

/Z3 The Regular Meeting of the City Council of the City of Hackensack was held at City Hall, 65 Central Avenue, Hackensack, New Jersey, on Monday, September 19, 1994. Mayor Zisa called the meeting to order at 8: 35 p. m and asked everyone to 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 I Mayor Juanita Trammell, Councilman Mark A. Stein, Mayor John F. Zisa, City Attorney Richard E. Salkin and City Clerk Doris L. Dukes Absent - City Manager James S. Lacava Raymond Carnevale present for Mr. 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 presented, with the assistance of Councilmen Galvis and Stein, retirement gifts to Police Captain Thomas Bollerman, who retired on June 1, 1994, with thirty ( 30 ) years of service, and Battalian Chief John Ingallernera, who retired on August 1, 1994, with thirty ( 30 ) years of service with the Fire Department. Both men received congratulations and best wishes on their retirement from the Mayor and members of Council. Mayor Zisa recognized former Fire Chief Anthony Aiellos who was in the audience. Mayor Zisa called for a motion to approve the minutes of the meetings held September 7th and 12th, 1994. I Motion offered by Stein, seconded by Trammell that the minutes be approved as submitted. FINAL Carried ADOPTION OF ORDINANCE NO. 27-94 ENTITLED: "AN ORDINANCE FIXING AND DETERMINING MUNICIPAL CLASS POSITION TITLES AND SALARY RANGES FOR CERTAIN CONTRACTUAL EMPLOYEES OF THE POLICE DEPARTMENT OF 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 Mattei, seconded by Trammell that the public hearing be closed. Carried Resolution #295 OFFERED BY: MATTEI 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. 27-94 entitled: "AN ORDINANCE FIXING AND DETERMINING MUNICIPAL CLASS POSITION TITLES AND SALARY RANGES FOR CERTAIN CONTRACTUAL EMPLOYEES OF THE POLICE DEPARTMENT OF THE CITY OF HACKENSACK", pass its second and final reading is hereby adopted. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa FINAL ADOPTION OF ORDINANCE NO. 28-94 ENTITLED: "AN ORDINANCE TO AMEND CHAPTER 179, SECTION 49. 2D OF THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY, ENTITLED 'VEHICLES AND TRAFFIC • • • PARKING FOR THE HANDICAPPED • • • PENALTIES'".  Mayor Zisa: "This Ordinance has been advertised pursuant to law J and now calls for a public hearing. Will someone so �ove?" I I Motion offered by Stein, seconded by Mattei t;hat there be a public hearing. Carried I I Mayor Zisa asked if anyone present wished to tiI e heard on this Ordinance. There was no response. 1 I Motion offered by Mattei, seconded by Trammell that the public : I hearing be closed. Carried I I Resolution #296 OFFERED BY: TRAMMELL SECON IDED BY: GALVIS I BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey that OrdiI:nance No. 28-94 entitled: "AN ORDINANCE TO AMEND CHAPTER 179, SECTi p N 49.2D OF THE CODE OF THE CITY OF HACKENSACK / NEW JERSEY / ENTITLED 'VEHICLES AND TRAFFIC • • • PARKING FOR THE HANDICAPPED • • • PENALTIES I" I 1' pass its second and final reading is hereby adopted. I Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa TO FINAL AMEND ADOPTION PROVISIONS OF ORDINANCE NO. OF CHAPTER 19 29-94 ENTITLED : OF THE CODE OF ! "AN THE ORDINANCE CITY OF HACKENSACK, NEW JERSEY, ENTITLED 'FIRE DEPARTMENT'". I Mayor Zisa: "This Ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?" l Motion offered by Stein, seconded by Trammell 1that there be a I public hearing. Carried I . I Mayor Zisa asked if anyone present wished to be heard on this : Ordinance. There was no response. I ! I I Motion offered by Mattei, seconded by Galvis that the public 1 hearing be closed. Carried I I Resolution #297 OFFERED BY: STEIN SECONDEDIBY: TRAMMELL I BE IT RESOLVED by the City Council of the Cit of Hackensack I � County of Bergen and State of New Jersey that Ordinance No. 29-94 entitled: "AN ORDINANCE TO AMEND PROVISIONS OF CHAPTERI 19 OF THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY, ENTITLED 'FIRE DEPARTMENT'", I pass its second and final reading is hereby adopted. 1 I Roll Call: Ayes - Mattei, Galvis, Trammell, Ste i n, Zisa I I FINAL ADOPTION OF ORDINANCE NO. 30-94 ENTITLED1: "AN ORDINANCE TO AMEND CHAPTER 17, SECTION 4 OF THE CODE OF THE CITY OF HACKENSACK, I NEW JERSEY, ENTITLED 1 EMPLOYMENT CLASSIFICATION OF APPLICANTS BY I • • • RESIDENCE'"· I I Mayor Zisa: "This Ordinance has been advertised pursuant to law l and now calls for a public hearing. Will someone so �ove?" I Motion offered by Stein, seconded by Galvis that there be a I public hearing. Carried I I Mayor z isa asked if anyone present wished to b e heard on this I Ordinance. Dorothy Schwartz, 47 Prospect Avenue, asked how were appointments made from the list prior to this ordinan d e. I City Attorney Salkin replied that a notice was r ceived from the J Department of Personnel advising us that we had tl o add specific language to the existing ordinance in order t dI maximize the residency. I I Mayor z isa added that when we receive the list it has already \ been prioritized by Civil Service so that we could appoint I Hackensack residents. I I  Motion offered by Trammell, seconded by Stein that the public hearing be closed. Carried Resolution #298 OFFERED BY: TRAMMELL SECONDED BY: STEIN BE IT RESOLVED by the City Council of the City of Hackensack I County of Bergen and State of New Jersey that Ordinance No. 30-94 entitled: "AN ORDINANCE TO AMEND CHAPTER 17, SECTION 4 OF THE CODE OF THE CITY OF HACKENSACK, NEW JERSEY, ENTITLED I EMPLOYMENT • • • CLASSIFICATION OF APPLICANTS BY RESIDENCE I" I pass its second and final reading is hereby adopted. I Roll Call: Resolution #299 Ayes - Mattei, Galvis, Trammell, Stein, OFFERED BY: MATTEI SECONDED BY: Zisa 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: $ 1, 572.48 B506, L42 C0002 Planned Parenthood 1991 Exempt 1, 619. 52 B506, L42 C0002 Planned Parenthood 1992 Exempt 15, 766.92 B507, Ll8 C0002 Planned Parentho od 1991 Exempt 16, 238. 58 B507, Ll8 C0002 Planned Parentho od 1992 Exempt 4, 094. 20 B209, L20 Hubschrnan & Roman Attorneys 1994 STB 22.18 B209, L20 Hubschrnan & Roman Attorneys 1994 5% Int. 18, 454. 10 B209, L20 Hubschrnan & Roman Attorneys 1993 STB 835. 68 B209, L20 Hubschrnan & Roman Atto rneys 1993 5% Int. 19, 504. 13 B209, L20 Hubschrnan & Roman Attorneys 1992 STB 1,929.85 B209, L20 Hubschrnan & Roman Attorneys 1992 5% Int. Proceeds to come from capital Account. Roll call: Ayes - Mattei, Galvis, Tra mmell, Stein, Zisa I Resolution #300 OFFERED BY: STEIN BE IT RESOLVED by the City Council of the City of Hackensack that the following organization be granted permission to conduct a SECONDED BY: GALVIS raffle in accordance with the application on file in the office of the City Clerk: RA: l441 Hackensack Medical Center Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #301 OFFERED BY: GALVIS SECONDED BY: TRAMMELL WHEREAS, N. J. Revised Statutes 39: 10A-l-7 provides that the City has the right to sell at public auction all abandoned vehicles after due notice has been published in a newspaper five days previous to the date of the proposed sale. NOW, THEREFORE, BE IT RESOLVED that the aforementioned vehicles listed in the advertisement to appear in The Record on Friday, September 23, 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, New Jersey, on Thursday, September 29, 1994, at 10: 00 a. m. , be and I are hereby authorized to be sold. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #302 OFFERED BY: TRAMMELL SECONDED BY: MATTEI WHEREAS, the City of Hackensack has received Change Order #3 from Dressler Contracting for $3, 120. 00 to compensate for additional work items in connection with 9-1-1 Renovations Project; and WHEREAS, the Police Chief of the City of Hackensack has approved this Change Order; and  WHEREAS, the Chief Financial Officer has certified in writing that funds are available from Account #94-911-911, General Fund, Purchase Order #84045. NOW I THEREFORE I BE IT RESOLVED that Change Order #3 issued by Dressler Contracting is hereby approved. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa I Resolution #303 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, there exists a need for the City of Hackensack to provide state-mandated public health services for the City of Hackensack to comply with the New Jersey Department of Labor Public Employee Exposure to Blood Borne Pathogen regulations: and WHEREAS, the Bergen County Department of Health Services has facilities and duly qualified personnel to carry out said mandated services: and WHEREAS, the County of Bergen has agreed to provide Blood Borne Pathogen Compliance Program services through a contract agreement with the City of Hackensack's Department of Health for the calendar year 1994: and WHEREAS, the maximum amount of the contract is $19, 515. 00 and funds will be available for this purpose. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack as follows: 1. That the Mayor and City Clerk be and are hereby authorized and directed to execute an agreement with the County of Bergen to I perform Blood Borne Pathogen Compliance Program services for the period of January 1, 1994 through December 31, 1994. 2. That this contract is awarded without competitive bidding in accordance with N. J. S. A. 40A: ll-5(2) of the Local Public Contracts Law because the same is an agreement between a county and a municipality and is expressly excluded from competitive bidding and public advertising. 3. That this resolution shall be effective as of January 1, 1994: and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified, in accordance with N. J. S. A. 52: 27B-10 and 40A:4-57, that monies will be available from Account #94-855-855 of the 1994 Curent Fund in an amount not to exceed $19, 515. 00, Purchase Order #85549. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #304 OFFERED BY: MATTEI SECONDED BY: GALVIS WHEREAS, there is a need for professional architectural services relative to the City's compliance with the ADA legislation; and WHEREAS, such professional architectural services will be I 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" with out competitive bids and the contract itself must be available for public inspection; and WHEREAS, it is the desire of the Mayor and Council of the City of Hackensack to retain the services of Statile McGuinnis Associates to provide these architectural services: and WHEREAS, a certificate establishing that funds are available in  !?? Account #05-0293-0015 (Purchase Order #85589) in an amount not to exceed $17, 500. 00, as detailed in a Letter Proposal dated July 28, 1994, will be issued by the Chief Financial Officer, pursuant to and in accordance with N. J. A. C. 5: 30-14. 5 of the Rules and Regulations of the New Jersey Department of Community Affairs, Local Finance Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack as follows: 1. That the Mayor and City Clerk are hereby authorized and I directed to execute the Letter Proposal dated July 28, 1994, submitted by Statile McGinnis Associates. 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 rendered or performed by a person authorized by law to practice a recognized profession and whose profession is regulated by law, and the performance of which requires knowledge of an advanced type in the field of learning, acquired by a prolonged formal course of specialized instruction and study, as distinguished from general academic instruction or apprenticeship in training. 3. That the City Clerk shall be and is hereby responsible to retain one copy of the Letter Proposal dated July 28, 1994, for public inspection and to publish a notice of this action once in The Record. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #305 OFFERED BY: GALVIS SECONDED BY: STEIN BE IT RESOLVED by the City Council of the City of Hackensack that the bills in the following accounts be and are hereby ordered I paid: General Account $1, 021, 122 . 12 Capital Account 79, 617. 18 Public Parking System Account 8, 307. 91 Public Assistance II Account 12, 322. 00 Trust Account 11, 688. 00 Payroll Agency Account 242, 422. 99 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 #306 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, John F. Simpson and Janice E. Simpson are the owners of certain real property known as Block 540, Lot 1, Qual. COOL!, designated as 243 Johnson Avenue, Unit Ll: and WHEREAS, the taxpayers have 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 I $106, 000 for 1992: 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. 'JR 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 "John F. Simpson and Janice E. Simpson, his wife, vs. City of Hackensack", Docket No. 00133-93 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $65,000 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 #307 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, Urban Atlantic Associates is the owner of certain real property known as Block 210, Lot 1, designated as 105 Main Street and Block 204, Lot SA, designated as 82-84 Moore Street; and WHEREAS, the taxpayer has filed an appeal to its 1992 and 1993 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment for 105 Main Street was $979,100 for 1992 and $881,200 for 1993, and for 82-84 Moore Street it was $117,600 for 1992 and $100,000 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, THEREFORE, BE IT RESOLVED by the Mayor and Council of the t 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 "Raia, J. & L. & s. t/a Urban Atlantic Associates vs. City of Hackensack", Docket Nos. 02-23-07350-92D and 003861-93 presently pending in the Tax Court of New Jersey, so that the assessments be reduced for 105 Main Street to $870, 000 for 1992 and $846,000 for 1993, and for 82-84 Moore Street to $80,000 for 1992 and $79,000 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. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #308 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, F. William Koestner, Jr. is the owner of certain real I property known as Block 100, Lot 7A, Qual. 104, designated as 211 Essex Street, Unit 104; and WHEREAS, the taxpayer has filed an appeal to its 1992 and 1993 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 was $197,600 for 1992 and $177,800 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 Assessor that this matter should be settled; and  179 WHEREAS, said settlement is in the best interests of the City of Hackensack. NOW I THEREFORE I BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the Tax Counsel be and he is hereby authorized and directed to execute any and all documents which may be necessary in order to effectuate a settlement of litigation entitled "F. William Koestner, Jr. vs. City of Hackensack", Docket No. 12281-92 presently pending in the Tax Court of New Jersey, so that I the assessment be reduced to $171,200 for 1992 and $165,300 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. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #309 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, F. William Koestner, Jr. is the owner of certain real property known as Block 209, Lot 23B, designated as 89-91 Main Street: and WHEREAS, the taxpayer has filed an appeal to its 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 $388,300 for 1992: and WHEREAS, upon review of information submitted, a reduction appears appropriate: and I WHEREAS, it is the recommendation of the Tax Assessor that this matter should be settled: and Attorney and Tax 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 "F. William Koestner, Jr. vs. City of Hackensack", Docket No. 12282-92 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $360,000 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 #310 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS I F. William Koestner, Jr. is the owner of certain real I property known as Block 232, Lot 26, designated as 39-45 First Street: and WHEREAS, the taxpayer has filed an appeal to its 1992 and 1993 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 was $1,252,600 for 1992 and $1,176,400 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 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 "F. William Koestner, Jr. vs. City of Hackensack", Docket No. 12252-92 presently pending in the Tax Court of New Jersey, so that I the assessment be reduced to $1,050,400 for 1992 and $950,000 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. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #311 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, F. William Koestner, Jr. is the owner of certain real property known as Block 209, Lot 21, designated as 11 Atlantic Street; and WHEREAS, the taxpayer has filed an appeal to its 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 $258,800 for 1992; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and I 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 "F. William Koestner, Jr. vs. City of Hackensack", Docket No. 12283-92 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $242,000 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 #312 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, H. R. S. M. Associates is the owner of certain real property known as Block 324, Lot 12E, designated as 324 Railroad I Avenue; and WHEREAS, the taxpayer has filed an appeal to its 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 $671,200 for 1992; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and  /tfl 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 I necessary in order to effectuate a settlement of litigation entitled "H. R. S. M. Associates vs. City of Hackensack", Docket No. 0012259-92 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $500,000 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 #313 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, 10-20 Banta Associates is the owner of certain real property known as Block 314, Lots 2A and 12, designated as 20-22 Banta Place and 10 Banta Place, respectively: and WHEREAS, the taxpayer has filed an appeal to its 1991, 1992, 1993 and 1994 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey: and WHEREAS, the yearly assessments for Block 314, Lot 2A were $622,200 for 1991 and 1992 and $560,000 for 1993 and 1994: and for Block 314, Lot 12 the assessments were $998,000 for 1991 and 1992 and I $898,200 for 1993 and 1994: 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 these matters 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 "10-20 Banta Associates vs. City of Hackensack", Docket Nos. 007072-92 and 08707-92D presently pending in the Tax Court of New Jersey, so that the assessment be reduced as set forth on Schedule "A " attached hereto and made a part of the minutes of this meeting; 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 - Mattei, Galvis, Trammell, Stein, Zisa Resolution #314 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, Wolfgang & Ursula Adler are the owners of certain real property known as Block 528, Lot 14, designated as 55-69 Orchard Street: and WHEREAS, the taxpayers have filed an appeal to their 1992 and 1993 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey: and $420,000 for 1992 and 1993; 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 I "Wolfgang & Ursula Adler vs. City of Hackensack", Docket Nos. 000024-93 and 000615-94 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $341,000 for 1992 and $395,000 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. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #315 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, Arcadia Court Apartments is the owner of certain real property known as Block 1, Lot 4, designated as 25 Moonachie Road; and WHEREAS, the taxpayer has filed appeals to its 1992, 1993 and 1994 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 $3,297,200 for 1992 and $3,067,500 for 1993 and 1994; and WHEREAS, upon review of information submitted, a was reduction I 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 "Arcadia Court Apartments vs. City of Hackensack", Docket Nos. 02-23-04491-92D, 006689-93 and 002518-94 presently pending in the Tax Court of New Jersey, so that the assessments be reduced to $3,150,000 for 1992, and $2,800,000 for 1994; and BE IT FURTHER RESOLVED that the foregoing settlement is predicated upon a full waiver of any interest payable to the taxpay�r I on the refund. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #316 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, Hongkong and Shanghai Banking Corporation Limited is the owner of certain real property known as Block 82, Lot 22, designated as 21-25 Green Street; and  WHEREAS, the taxpayer has filed an appeal to its 1993 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 $935,600 for 1993; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and I 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 "Hongkong and Shanghai Banking Corporation Limited vs. City of Hackensack", Docket No. 005256-93, presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $750, 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. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #317 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, 101 Prospect Apartment Corp. is the owner of certain I real property known as Block 240, Lot 8, designated as 101 Prospect Avenue i and WHEREAS, the taxpayer has filed an appeal to its 1991, 1992, 1993 and 1994 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessments for the subject premises are $7,935,000 for 1991 and 1992 and $6,848,000 for 1993 and 1994; 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 "101 Prospect Apartment Corp. vs. City of Hackensack", Docket Nos. I 004231-92, 004492-92, 006706-93 and 003606-94, presently pending in the Tax Court of New Jersey, so that the assessments be reduced to $5,612,500 for 1991 and 1992, $6,250,000 for 1993 and $5,414,500 for 1994; 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 #318 OFFERED BY: MATTEI SECONDED BY: STEIN WHEREAS, Court Plaza Associates is the owner of certain real property known as Block 207, Lots 3 & 4, designated as 21 and 25 Main Street, respectively; 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 I WHEREAS, the yearly assessments for the subject premises are $16,187,600 for Lot 3 and $16,210,900 for Lot 4; 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 "Court Plaza Associates vs. City of Hackensack", Docket Nos. 02-23-10424-91 and 02-23-04483-92 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $13,950,000 for 1991 and $13,250,000 for 1992 for Lot 3 and $14,700,000 for 1991 and $14,000,000 for 1992 for Lot 4; 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: Resolution #319 Ayes - Mattei, Galvis, Trammell, Stein, Zisa OFFERED BY: MATTEI SECONDED BY: STEIN I WHEREAS, Arthur A. Cirkus and Patricia z . Cirkus are the owners of certain individual real property condominium units known as Block 429, Lot 1, located at 60 Vanderbeck Place, as more specifically set forth on Schedule "A"; and WHEREAS, the taxpayers have filed appeals to their 1992 real property tax assessments, which matters are presently pending in the Tax Court of New Jersey; and WHEREAS, the total yearly assessments for the subject premises is as set forth in Schedule "A"; 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 I Hackensack. NOW, THEREFORE, BE IT RESO�UftD by th� 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 �ntitled "Arthur A. Cirkus & Patricia z . Cirkus vs. City of Hackensack", Docket No. 001005-92 presently pending in the Tax Court of New Jersey, so that the assessment of each individual unit be reduced and established as set forth on Sch�dule "A" for the year 1992, attached hereto and made a part of the minutes 0f this meeting; 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 #320 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, the City of Hackensack is a party to two lawsuits now I pending in the Superior Court of the State of New Jersey: Hackensack Auto Body vs. the City of Hackensack, Docket No. L-2337-94, and Court House Auto Body and Michael Scheffler vs. the City of Hackensack, Docket No. L-5209-94: and WHEREAS, a settlement of these matters has been proposed by and between the parties, and has been recommended to the Mayor and City Council by the City Attorney as being in the best interest of the people of the City of Hackensack: and WHEREAS, the terms of said settlement include the immediate addition of Hackensack Auto Body to the 1994 Rotating List of Approved Towing Operators, established by the Hackensack City Council by its passage of Resolution No. 57 on February 7, 1994. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that Resolution No. 57 be and hereby is deemed to be amended by the addition of Hackensack Auto Body, 96 First Street, Hackensack, New Jersey 07601, to the 1994 Rotating List of Approved Towers, and that such addition shall be effective immediately. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Nays - Mattei Resolution #321 OFFERED BY: STEIN SECONDED BY: TRAMMELL I WHEREAS, Bergen County Community Development proposed as follows in the City of Hackensack: The Bergen County Housing Coalition Grants have been For their Outreach and Guidance project - $93,000. 00 The Martin Luther King, Jr. Senior Center, Inc. Tc)°take children from "atrisk" communitiesinBergen County and bring them to the Senior Center wherein the children would be involved in after-school activities that are supervised by seniors at the Center - $36,204. 00 The Martin Luther King, Jr. Senior Center, Inc. -- For an Outreach Prograro to service low and moderate income seniors - $77, 101. 00 Heightened Independence and Progress For a program to reach out to disabled blacks and hispanics who are unaware of existing programs and unaware of their rights as consumers - $37,304. 00 H.O.P.E. for Ex-offenders To help ex=offenders and provide them with counseling, temporary I shelter and job referrals, etc. - $56,000. 00 Housing Authority of Bergen County To provide rental assistance to Bergen County families presently on the Authority's waiting list for public housing - $400,000. 00 Volunteer Center of Bergen County For their C.H.O.R.E. Program wherein, through the use of volunteer "handy persons", they provide minor household repairs for elderly or disabled persons l � ving in their own homes or apartments - ' $20,242. 00 The Literacy Volunteers of America = Bergen County For their One-to-one Tutoring Program - $77,540. 00 /�6 Bergen Council Boy Scouts of America To send boys from families of low and moderate income from Hackensack to Camp Tamarack, a certified day camp - $28,000. 00 Bergen Council Boy Scouts of America To send young men from Tow and moderate income families in Hackensack to Camp No-Be-Bo-Seo in Blairstown, New Jersey $15,000. 00 Fair Housing Council of Northern New Jersey For their Discrimination/Comprehensive Housing Counseling/ I Homeless project -$350,000. 00 Board of Education - For the construction of a new track facility - $250,000. 00 Friendship House For acquisition of property and renovation to meet increased program needs - $255,000. 00 City of Hackensack For reconstruction-resurfacing of certain streets including barrier-free and handicapped curbs - $315,000. 00 For the purchase of a Fire Pumper - $300,000. 00 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 projects are in the best interest of the people of Bergen County; and 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 projects; and I 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 projects may be expedited. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #322 OFFERED BY: STEIN SECONDED BY: GALVIS WHEREAS, the City of Hackensack advertised for bids to be received on August 12, 1994, for the construction of the Foschini Park Field House; and WHEREAS, two (2) bids were received and reviewed by the City's architect for this project, Gerard F. Santucci. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that, upon recommendation of Gerard F. Santucci, Architect, the contract for the construction of the Foschini Park I Field House be awarded to the low bidder, Kaycon General Contracting, Inc. , 274 Elm Avenue, Hackensack, New Jersey, for the total amount of $453,000. 00; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available from Account No. 05-0293-0001, the Capital Account, Purchase Order No. 85598. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa  Mrs. Dukes advised the Mayor that her Docket was completed. He thanked her and asked the City Manager, City Attorney and members of Council if they had anything to report. They did not. Mayor Zisa opened the meeting to the public for discussion of City business. Dorothy Schwartz, 47 Prospect Avenue, continued her remarks on the Rent Ordinance, commenting on the way the language is written in the ordinance. She submitted her remarks to the City Attorney. I Ms. Schwartz asked who is doing the bridge over Prospect Avenue and was advised that the bridge is funded by the state. Rainer Olster, 144 Union Street, asked questions about the County Jail facility and voiced his objections of continuing to pursue the appeal because of the legal costs involved. Mayor z isa said to Mr. Olster, "When that facility is finished, you would be appalled at the size. Why would the County be willing to pay more money for renovating property than it would cost to build a new building"? Joe Lascala, Simons Avenue, representing the Hackensack Homeowners, asked questions regarding the amount of money the City has spent in legal costs and the amount paid to Mr. Peduto to date for the County Jail suit. Mayor z isa said the City Manager can provide a tally of costs. As for Mr. Peduto, the City Attorney advised that no fee has been paid to date. Mr. Lascala said the homeowners do not want the jail matter continued. Jack Donovan, Willow Avenue, regarding the jail, said a facility with more than a 1000 inmates is no longer a jail, but a penitentiary I and we should not have it. He said some taxpayers do not want it and support the efforts of the Mayor. William Buchanan, 240 Anderson Street, addressed the percentage of increase a tenant must pay pursuant to the Rent Ordinance. He said it does not seem fair that the rate is 4.5 to 5% when the index rate is much lower. He asked what is being done. Mayor Zisa explained that with the influxation of the CPI, different people were paying different increases. Several trends could have dictated the rent increases. After much consideration, a fixed flat rate was put in effect. During the last two years, there was a decline in the CPI. We saw a case developing that could put in jeopardy the concept of an ordinance. We are reluctant about doing anything until we see the direction of this suit. Mr. Buchanan feels that something should be done with the current ordinance. Mayor Zisa encouraged him to contact the City Attorney. Motion offered by Trammell, seconded by Stein that the public hearing be closed and the meeting be adjourned. Carried (10:15 P.M.) I AT T� o(!� � CITY CLERK  Resolution #313 SCHEDULE "A" 10-20 Banta Associates vs. City of Hackensack Docket Number: 007072-92 and 0008707-920 10-20 Banta Place and 20-22 Banta Place ORIGINAL PROPOSED ASSESSMENT ASSESSMENT (YEAR) 10 $998,000 $936,400 (1991) Banta Place $998,000 $905,600 (1992) $898,200 $862,400 (1993) $898,200 $862,400 (1994) 20 $622,200 $583,800 (1991) Banta $622,200 $564,600 (1992) $560,000 $537,600 (1993) $560,000 $537,600 (1994)  Resolution #319 SCHEDULE "A" NAME OF PLAINTIFF ORIGINAL COUNTY BOARD REQUESTED BLOCK & LOT ASSESSMENT JUDGMENT TAX COURT QUAL. JUDGEMENT Cirkus, A. & P. $ 59,800 Aff 'd. $ 46,600 Block 429, Lot 1 Qual. COOOA Cirkus, A. & P. $ 59,800 Aff 'd. $ 46,800 Block 429, Lot 1 Qual. COOOB Cirkus, A. & P. $ 75,600 Aff 'd. $ 59,000 Block 429, Lot 1 Qual. COOlA cirkus, A. & P. $ 75,600 Aff 'd. $ 59,000 Block 429, Lot 1 Qual. COOlB Cirkus, A. & P. $ 75,600 Aff 'd. $ 59,000 Block 429, Lot 1 Qual. C002B Cirkus, A. & P. $ 75,600 Aff 'd. $ 59,000 Block 429, Lot 1 Qual. C002C Cirkus, A. & P. $ 75,600 Aff 'd. $ 59,000 Block 429, Lot 1 Qual. C003B Cirkus, A. & P. $ 75,600 Aff 'd. $ 59,000 Block 429, Lot 1 Qual. C003C Cirkus, A. & P. $ 75,600 Aff 'd. $ 59,000 Block 429, Lot 1 Qual. COO JD