City Council

The Regular Meeting of the City Council of the City of Hackensack was held at City Hall, 65 Central Avenue, Hackensack, New Jersey, on Monday, October 1 7, 1994. Mayor Zisa called the meeting to order at 8:00 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 Mayor Juanita Trammell, Councilman Mark A. Stein, Mayor John F. Zisa, I City Manager James S. Lacava, City Attorney Richard E. Salkin and City Clerk Doris L. Dukes Mrs. Dukes: "In accordance with the Open Public Meetings Act, Chapter 231, Laws of 19 75, 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 meeting held October 3rd and 11th, 1994. Motion offered by Stein, seconded by Mattei that the minutes be approved as submitted. Carried Resolution #331 OFFERED BY: MATTEI SECONDED BY: STEIN BE IT RESOLVED by the City Council of the City of Hackensack that the proper officers be and are hereby authorized to make the following refunds for the reasons stated: $18,482.29 B 89 L 1 C0002 Regency Group, Inc. 1992 STB 698.90 B238 L 8 C021B Regine Perry 1992 STB 865.19 B343 LlO C019G Paul D. Schumann 1992 STB 816.99 Bl07 Ll3 Setteducati & M. Tridente 1992 STB 2,120.80 B230 L24 Michael M. Stadler Trust Acct. 1992 STB I 1,770.79 B230 L24 Michael M. Stadler Trust Acct. 1993 STB 1,421.90 B209 L 3 PKN Associates 1992 STB 1,848.60 BlOOH L 1 Michael M. Stadler Trust Acct. 1991 STB 3,349.90 BlOOH L 1 Michael M. Stadler Trust Acct. 1992 STB 1,925.77 BlOOH L 1 Michael M. Stadler Trust Acct. 1993 STB PROCEEDS FOR _THE ABOVE ARE TO CQ\1E FRa-1 THE CAPITAL ACCOUNT. 10.00 Marc Lo Bianco, 135 Bowers Street, 3rd Floor L, Jersey City, N.J. 07307 - overpayment of Summons #Hl56826 Roll call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #332 OFFERED BY: STEIN SECONDED BY: GALVIS BE IT RESOLVED by the City Council of the City of Hackensack that the following organizations be granted permission to conduct raffles in accordance with the applications on file in the office of the City Clerk: RA:l442 The Second Reformed Church RA:l443/1444 Hackensack High School P.T.S.A. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa I Resolution #333 OFFERED BY: MATTEI SECONDED BY: TRAMMELL WHEREAS, bids were advertised to be received on September 30, 1994, for a Vacuum Leaf Collector for the City of Hackensack; and WHEREAS, three bids were received as follows: ODB Municipal Products $1 2,300.00 Seely Equipment & Supply Co. 12,388 .00 W. E. Timmerman - Co., Inc. 13,390.00 WHEREAS, the Supervisor of Sanitation recommends that the purchase of one (l) Vacuum Leaf Collector for the City of Hackensack be awarded to ODB Municipal Products, 5118 Glen Alden Drive, Richmond, VA 23231 .  NOWI THEREFORE BE IT RESOLVED that the purchase of one (1) I Vacuum Leaf Collector for the City of Hackensack be awarded to ODB Municipal Products, 5118 Glen Alden Drive, Richmond, VA 23231; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in Account i94-521-650, Purchase Order #8583 7, General Fund. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #334 OFFERED BY: STEIN I SECONDED BY: TRAMMELL WHEREAS, bias were advertisea to be receivea on September 14, 1994, for one (1) Design Diesel Hydraulic Screening Plant for the City of Hackensack; and WHEREAS, two bids were received as follows: G & H Services, Inc. $58,000.00 Dale & Rankin Equipment 61, 000.00 WHEREAS, the Supervisor of Sanitation, after reviewing the bid has determined that the bid from G & H Services, Inc., had not met the specifications; and WHEREAS, G & H Services has been given the opportunity for a public hearing ana has declined this opportunity; ana WHEREAS, the Supervisor of Sanitation recommends that the contract for one (1) Design Diesel Hydraulic Screening Plant for the City of Hackensack be awarded to Dale & Rankin Equipment Co., Inc., 1 Melanie Lane, East Hanover, New Jersey 08505. NOWI THEREFORE BE IT RESOLVED that the contract for one (1) I . Design Diesel Hydraulic Screening Plant for the City of Hackensack be I awarded to Dale & Rankin Equipment Co. , Inc. , 1 Melanie Lane, East Hanover, New Jersey 08505; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in Account #05-0593-0005 of the Capital Fund, Purchase Order #85825. Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #335 OFFERED BY: MATTEI 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, October 21, 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, October 27, 1994, at 10:00 a.m., be and are hereby authorized to be sold. I Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #336 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, Pamela A. Malakas is the owner of certain real property condominium unit known as Block 352, Lot 90, Unit C0028, located at 476 Heath Place; and WHEREAS, the taxpayer has filed an appeal to her 1992 real property tax assessment, which matter is presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment for the sub ject property is $88,400; and  19? WHEREAS, upon review of the information submitted, a reduction appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that this matter should be settled; and WHEREAS, said settlement is in the best interests of the City of Hackensack. I NOWI THEREFORE BE IT RESOLVED by the Mayor and Counci 1 of the I City of Hackensack that the Tax Counsel be and is hereby authorized and directed to execute any and all documents which may be necessary in order to effectuate a settlement of litigation entitled "Pamela A. Malakas vs. City of Hackensack ", Docket No. 003804-93 presently pending in the Tax Court of New Jersey, so that the assessment be reduced to $65,000 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 #337 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, Salvatore Forcina is the owner of certain real property known as Block 535, Lot 21 located at 810 Main Street; and WHEREAS, the taxpayer has filed an appeal to his 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 sub ject property is $929,600; and I WHEREAS, upon review of the 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. NOWI THEREFORE BE IT RESOLVED by the Mayor and Counci 1 of the I City of Hackensack that the Tax Counsel be and is hereby authorized and directed to execute any and all documents which may be necessary in order to effectuate a settlement of litigation entitled "Salvatore Forcina vs. City of Hackensack ", Docket Nos. 001 71 7-93 and 002412-94 presently pending in the Tax Court of New Jersey, so that the assessment as set forth above be reduced to $900, 000 for the year 1993, and $820,000 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 I Resolution #338 OFFERED BY: TRAMMELL SECONDED BY: WHEREAS, Robert Carrigan is the owner of certain real property known as Block 540, Lot 8, Unit 2A designated as 20 Jefferson Street; GALVIS and WHEREAS, the taxpayer has filed an appeal to his 1992 real property tax assessment, which matter is presently pending in the Tax Court of New Jersey; and WHEREAS, the yearly assessment for the sub ject property is $90,000; and  WHEREAS, upon review of the 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. I NOW, THEREFORE, BE IT RESOLVED by the Mayor and Counci 1 of the City of Hackensack that the Tax Counsel be and is hereby authorized and directed to execute any and all documents which may be necessary in order to effectuate a settlement of litigation entitled "Robert Carrigan vs. City of Hackensack ", Docket No. 013034-92 presently pending in the Tax Court of New Jersey, so that the assessment as set forth above be reduced to $66,000 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 #339 OFFERED BY: MATTEI SECONDED BY: GALVIS 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 $1,557,006 .85 Capital Account 98,344.82 Public Parking System Account 11,320. 48 Public Assistancae I Account 100.00 Public Assistance II Account 3 5 8 54 9 Q .- I -· • I Payroll Agency Account 237,515 .86 . . -- 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, s·tein, Zisa Resolution #340 OFFERED BY: STEIN SECONDED BY: GALVIS . INTRODUCTION OF ORDINANCE N<?'· ��-94 l;:NTI TJ; ED :, , � "A� ORDINANCE TO . . . AUTHORIZE THE PARTICIPATION BY THE'. CITY. OF HACKENSACK IN AN EXISTING . JOINT INVESTMENT PROGRAM PURSUANT TO THE I INTERLO CA L SERVICES ACT I I N.J.S.A. 40:8A-l et seq.11 BE IT RESOLVED that the above ordinance, being Ordinance No. 31-94 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 November 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 Coun�il, and at ·aucW �ime 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 - Mattei, Galvis, Trammell, Stein, Zisa Resolution #341 OFFERED BY: TRAMMELL SECONDED BY: MATTEI I INTRODUCTION OF ORDINANCE NO. 32-94 ENTITLED: "AN ORDINANCE TO AUTHORIZE THE SALE OF CERTAIN CITY-OWNED PROPERTY KNOWN AS PARCEL 43, AS INDICATED ON A MAP ENTITLED 1 NEW JERSEY DEPARTMENT OF TRANSPORTATION GENERAL PROPERTY MAP, ROUTE 4 (1953) SECTION 2Y, FROM JOHNSON AVENUE TO EAST OF HACKENSACK AVENUE RAMPS' , TO THE STATE OF NEW JERSEY".  /99 BE IT RESOLVED that the above ordinance, being Ordinance No. 32-94 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 November 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. I Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa Resolution #342 OFFERED BY: STEIN SECONDED BY: MATTEI WHEREAS, a matter entitled "Martin Kenny vs. City of Hackensack and Hackensack Police Department" is now pending in the Superior Court of New Jersey, bearing Docket No. BER-L-003949-93; and WHEREAS, a settlement in the amount of three thousand dollars ($3,000.00) has been reached by the parties; and WHEREAS, said settlement figure has been recommended by the special attorney for the City and by the City Attorney as being a cost effective and fair resolution of this matter; and WHEREAS, the Chief Financial Officer has certified that funds are available from an appropriate account in the 1994 budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack as follows: 1. That the special attorney for the City of Hackensack be and hereby is authorized to e�ecute - all documents necessary to effectuate I this settlement. 2. That upon receipt of a duly executed release, the Chief Financial Officer shall forward a check in the amount of $3,000.00 payable to "Martin Kenny and Alan R. Bell, Esq.". Roll Call: Mattei, Galvis, Trammell, Stein, Zisa Mrs. Dukes advi_se9. 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 rep�rt.,. They did not. Mayor Zisa opened the meeting to the public for discussion of City business. Mary Watson, 267 High Street, reported Quail Heights had been denied placing their garbage by the curb in a dumpster, and ··for the past week there has been a dumpster in the street near the corner of Third Street and Central Avenue. She called the po.lice and the Mayor and no one did anything. She asked who must be notified ·to get results. Mayor Zisa said he was notified·; however, he did not Jmow_thut the matter had not been taken care of. He requested, in the future, if I such a problem exists, to please make a follow-up call to him if the problem is not resolved. Deputy Mayor Trammell also confirmed that the dumpster was placed in the street. Mr. Lacava will investigate. Sandy Williams, 267 Clay Street, said Quail Heights was allowed to put their garbage out but not the dumpster. Mr. Williams thanked the Mayor and Council for the improvements made to Clay, Third and High Streets, adding that the contractors did an excellent job.  Mr. Williams said he heard there is an organization trying to house some citizens with AIDS in two houses on Passaic Street and said the residents in the area are against this. Mayor Zisa said there was an inquiry by a church regarding housing for HIV persons, adding that the City Attorney had some communication with them. Mr. Salkin said the Second Reformed Church has an application pending for a Certificate of Occupancy. A letter was sent to their attorney by Mr. Manning regarding the usage of the property. Any I interested party can appeal the Zoning Officer's opinion. The Mayor said in order to occupy this building an application must be filed and then explained the process for an appeal. Mr. Williams requested that he be informed of the progress. Alvin Williams, Exalted Ruler of Ma jestic Elks Lodge #153, said he would like to be on a mailing list for job listings. Rainer Olster, 144 Union Street, questioned certain bills on the bill list. Ruth Leverett, 290 Passaic Street, said she was concerned about the HIV unit scheduled for Passaic Street. Dorothy Schwartz, 47 Prospect Avenue, addressed the Supreme Court decision regarding rents. Mr. Salkin responded. Motion offered by Stein, seconded by Trammell that the public hearing be closed and the meeting be ad journed. Carried (8:50 p.m.) I ;;;( �JJ:AML- ATT � CITY CLERK I