City Council

'l (') 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, May 15, 1995. Mayor Zisa called the meeting to order at 8: 00 p. m. and asked everyone to stand for the flag salute which was led by Jonathan Danovich, a student from Fairmount School. The Mayor then asked the City Clerk to call the roll. Present: Councilman Jesus R. Galvis, Councilwoman Juanita I Trammell, Deputy Mayor Mark A. Stein, Mayor John F. Zisa, City Manager James S. Lacava, City Attorney Richard E. Salkin and City Clerk Doris L. Dukes Absent: Councilman Roger B. Mattei Mrs. Dukes: "In accordance with the Open Public Meetings Act, Chapter 231, Laws of 1975, adequate notice of this meeting was provided _by sending a notice to The Record and posting a copy of same on the Bulletin Board in City Hall." Mayor Zisa called for a motion to approve the minutes of the meetings held May 1st and 8th, 1995. Motion offered by Stein, seconded by Galvis that the minutes be approved as submitted. Carried Resolution #132 OFFERED BY: STEIN SECONDED BY: GALVIS WHEREAS, the City of Hackensack advertised for bids to be received for the Anderson-Linden Reconstruction on April 28, 1995; and WHEREAS, five (5) bids were received and reviewed by John S. Cohen, the City's architect for this project. I NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that, upon recommendation of John s. Cohen, the contract be awarded to AJM Contractors, Inc., 71 Liberty Street, Passaic, New Jersey 07055, for the total amount of $124,497.90; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available from Account No. 05-0493-0001, the Capital Account, �or said amount, Purchase Order No. 88673 dated May 15, 1995. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei Resolution #133 OFFERED BY: TRAMMELL SECONDED BY: STEIN WHEREAS, Clemmie Harris, School Traffic Guard, is requesting a thirty-nine (39) day leave of absence without pay due to a maternity leave; and WHEREAS, James S. Lacava, City Manager, has determined that this employee be granted a thirty-nine (39) day leave of absence without pay commencing May 15, 1995. I NOW I THEREFORE, BE IT RESOLVED by the Mayor and City Council that Clemmie Harris, School Traffic Guard, be granted a thirty-nine . (39) day leave of absence without pay effective May 15, 1995, and terminating June 23, 1995; and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the employee's pension system by the Chief Financial Officer. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei ., I Resolution #134 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, the governing body of the City of Hackensack has been advised that an emergency affecting the safety and welfare of the citizens of the City of Hackensack and the general public who operates motor vehicles within the City limits, when a traffic signal located at the intersection of Hudson Street and Vreeland Avenue was accidentally knocked down and rendered inoperable; and WHEREAS, the Chief of Police of the City of Hackensack has furnished to the City Manager a written report setting forth the time, I place and circumstances regarding the emergency; and WHEREAS, the City Council is satisfied that an emergency did exist and that immediate action was necessary to restore the aforementioned traffic signal to full operation; and WHEREAS, Traffic Control Equipment Corp., 242-252 Hudson Street, Hackensack, New Jersey, was retained to make the necessary repairs; and WHEREAS, the cost of the repairs totaled $2,522.00 which is a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in Account 5-010-318-274 of the General Fund, P.O. #88457; and WHEREAS, it is anticipated that the entire cost of this repair will be recovered from the insurance carriers. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that Traffic Control Equipment Corp. be paid for said repairs pursuant to N.J.S.A. 40: All-6 which authorizes the award of contracts without public bidding in emergency situations. I Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei Resolution #135 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, N.J.S.A. 40A: 87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any County or Municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hackensack in the County of Bergen, New Jersey, hereby requests the Director of Local Government Services to approve the insertion of an item of revenue in the budget of the year 1995 in the sum of $2,500.00, which item is now available as a revenue from the Borg's Woods Nature Preserve Design Project GL60908 Project 93026 pursuant to the provision of statute; and BE IT FURTHER RESOLVED that the like sum of $2,500.00 is hereby I appropriated under the caption "Borg's Woods Nature Preserve Design Project GL60908 Project 93026"; and BE IT FURTHER RESOLVED that the sum of $2,500.00 representing the amount required for the municipality's share of the aforementioned undertaking or improvement appears in the budget of the year 1995 under the caption of "Matching Funds for Grants", and is hereby appropriated under the caption of "Borg's woods Nature Preserve Design Project GL60908 Project 93026"; and  BE IT FURTHER RESOLVED that the above is a result of a State grant of $2,500.00 from the State of New Jersey Department of Environment Commission. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei Resolution #136 OFFERED BY: GALVIS SECONDED BY: STEIN I WHEREAS, N.J.S.A. 40A:87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any County or Municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget: and WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hackensack in the County of Bergen, New Jersey, hereby requests the Director of Local Government Services to approve the insertion of an item of revenue in the budget of the year 1995 in the sum of $1,366. 00, which itern is now available as a revenue from the Clean Communities Program pursuant to the provision of statute: and BE IT FURTHER RESOLVED that the like sum of $1,366.00 is hereby appropriated under the caption "New Jersey Department of Environmental Protection Clean Communities Program". Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei Resolution #137 OFFERED BY: GALVIS SECONDED BY: TRAMMELL I WHEREAS, N.J.S.A. 40A:87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any County or Municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget: and WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hackensack in the County of Bergen, New Jersey, hereby requests the Director of Local Government Services to approve the insertion of an item of revenue in the budget of the year 1995 in the sum of $91000. 00, which i tern is now available as a revenue from the County Board of Taxation Pilot Project for Phase Three the Revaluation/Reassessment Component pursuant to the provision of statute: and BE IT FURTHER RESOLVED that the like sum of $9,000.00 is hereby appropriated under the caption "County Board of Taxation Pilot Project for Phase Three the Revaluation/Reassessment Component pursuant to the provision of statute: and I BE IT FURTHER RESOLVED that the City Clerk forward two copies of this resolution to the Director of Local Government Services. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei Resolution #138 OFFERED BY: TRAMMELL SECONDED BY: GALVIS WHEREAS, a Bergen County Community Development grant of $20,000 has been proposed by Bergen County Division on Aging for Americas Unidas Multicultural Senior Activity Center renovations in the municipality of Hackensack: and WHEREAS, pursuant to the State Interlocal Services Act, Community Development funds may not be spent in a municipality without authorization by the Mayor and Council; and WHEREAS, the aforesaid project is in the best interest of the I people of Hackensack: and WHEREAS, this resolution does not obligate the financial resources of the municipality and is intended solely to expedite expenditure of the aforesaid CD funds. NOW I THEREFORE I BE IT RESOLVED that the Mayor and Council of Hackensack hereby confirm endorsement of the aforesaid project: and BE IT FURTHER RESOLVED that a copy of this resolution shall be sent to the Director of the Bergen County Community Development Program so that implementation oJ the aforesaid project may be expedited. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei Resolution #139 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, Bertram Weiner & Sidney Weiner, t/a Bersid Co., are the owners of certain real property known as Block 411, Lots 18 & 19, designated as 463 Main Street: and WHEREAS, the taxpayers have filed an appeal to their 1993 real I 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 $534,100; and ..- �I\ ' , 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 I THEREFORE I BE IT RESOLVED by the Mayor and Counci1 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 "Bertram Weiner and Sidney Weiner, t/a Bersid Co. v. City of Hackensack� Docket No. 000624-94 presently pending in the Tax Court of New Jersey, so that the assessments be reduced to $480,000; and BE IT FURTHER RESOLVED that the foregoing settlement is predicated upon a full waiver of any interest payable to the taxpayer I on the refund. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei  Resolution #140 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, Bertram Weiner & Sidney Weiner, t/a Bersid Co., are the owners of certain real property known as Block 411, Lot 16, designated as 473-475 Main Street: and WHEREAS, the taxpayers have filed an appeal to their 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 I $508,000; and WHEREAS, upon review of information submitted, a reduction appears appropriate; and WHEREAS, it is the recommendation of the Tax Attorney and Tax Assessor that this matter should be settled: and WHEREAS, said settlement is in the best interests of the City of Hackensack. NOW I THEREFORE I BE IT RESOLVED by the Mayor and Counci 1 of the City of Hackensack that the Tax Counsel be and he is hereby authorized and directed to execute any and all documents which may be necessary in order to effectuate a settlement of litigation entitled "Bertram Weiner and Sidney Weiner, t/a Bersid Co. v. City of Hackensack'� Docket No. 000621-94 presently pending in the Tax Court of New Jersey, so that the assessments be reduced to $480,000: and BE IT FURTHER RESOLVED that the foregoing settlement is predicated upon a full waiver of any interest payable to the taxpayer on the refund. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei I Resolution #141 OFFERED BY: STEIN SECONDED BY: WHEREAS, Johnson Associates is the owner of certain real property known as Block 529, Lot 1, designated as 56 Orchard Street; and TRAMMELL WHEREAS, the taxpayer has filed appeals to its 1993, 1994 and 1995 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 $937,000; 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 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 I and directed to execute any and all documents which may be necessary in order to effectuate a settlement of litigation entitled "Johnson Associates v. City of Hackensack;' Docket Nos. 007155-93, 004083-94 and 003947-95 presently pending in the Tax Court of New Jersey, so that the assessment for Lot 1 be reduced to $787, 100 for 1994 and 1995, with the appeal for the year 1993 being withdrawn: and the appeals for Lot 6 be withdrawn for 1993, 1994 and 1995; and BE IT FURTHER RESOLVED that the foregoing set tlernent is predicated upon a full waiver of any interest payable to the taxpayer on the refund. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei Resolution #142 OFFERED BY: STEIN SECONDED BY: TRAMMELL WHEREAS, Oak Street Realty Co., L.P. is the owner of certain real property known as Block 527, Lot 7, designated as 110 Orchard Street; and WHEREAS, the taxpayer has filed appeals to its 1993, 1994 and 1995 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 $3,882,300; and WHEREAS, upon appears appropriate; review and of WHEREAS, it is the recommendation of the Tax information submitted, Attorney a reduction and Tax I Appraiser that this matter should be settled; and WHEREAS, said settlement is in the best interests of the City of Hackensack. NOW I THEREFORE I BE IT RESOLVED by the Mayor and Counci1 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 "Oak Street Realty Co. v. City of Hackensack", Docket Nos. 005650-93, 003997-94 and 003713-95 presently pending in the Tax Court of New Jersey, so that the assessments be reduced to $3,732,300 for 1994 and 1995, with the appeal for the year 1993 being withdrawn; and BE IT FURTHER RESOLVED that the foregoing settlement is predicated upon a full waiver of any interest payable to the taxpayer on the refund. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa I Absent - Mattei Resolution #143 OFFERED BY: TRAMMELL· SECONDED BY: GALVIS INTRODUCTION OF ORDINANCE: NO. 8-9S' ENTITLED: "AN ORDINANCE FIXING AND DETERMINING MUNICiPAL CLASS POSITION TITLES AND SALARY RANGES FOR CERTAIN EMPLOYEES OF THE DEPARTMENT OF PUBLIC WORKS OF THE CITY OF HACKENSACKn. BE IT RESOLVED that the above _ordinance, being Ordinance No. 8-95 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 June 5, 1995, 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 f i-rst reading and of the time and place when and where said Ordinance wfll be further considered for final passage. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mat.t·ei I Resolution #144 OFFERED BY: STEIN SECONDED BY: GALVIS INTRODUCTION OF ORDINANCE NO. 9-95 ENTITLED: "AN ORDINANCE TO AUTHORIZE THE AMENDMENT AND MODIFICATION OF AN EXISTING EASEMENT AGREEMENT BY AND BETWEEN THE CITY OF HACKENSACK AND THE OWNERS OF CERTAIN PROPERTY COMMONLY KNOWN AS BLOCK 194.02, LOTS 5 AND 7, LODI, NEW JERSEYn •  76 BE IT RESOLVED that the above ordinance, being Ordinance No. 9-95 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 June 5, 1995, 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 I Ordinance will be further considered for final passage. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei Resolution #145 OFFERED BY: TRAMMELL 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 $1,291,019.09 Public Assistance II Account 11,389.73 Capital Account 479,566.90 Public Parking System Account 5,004.12 Payroll Agency Account 268,851.14 Trust Account 9,548.00 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 - Galvis, Trammell, Stein, Zisa Absent - Mattei Resolution #146 OFFERED BY: STEIN SECONDED BY: TRAMMELL I WHEREAS, on March 25, 1995, a serious fire and hazardous material event occurred at the premises commonly known as 55 Devoe Place, Hackensack, New Jersey; and � _ . \ : WHEREAS, the causes and circum�tances surrounding this event are matters of significant public concern and touch upon issues which may cause the Mayor and Council to review and consider amendment and/or supplementation of existing City ordinance; and WHEREAS, the Office of the, Bergen County Prosecutor has undertaken an investigat i on · �f the event, and is in the process of finalizing a formal report regarding same; and WHEREAS, N.J.S.A. 40:48-25 authorizes the issuance of subpoenas by governing bodies of municipalities concerning any subject or matter within the municipality's jurisdic�ion; and WHEREAS, obtaining a copy of the report of the investigation of the aforementioned event prepared by the Office of the Bergen County Prosecutor is in the best interest of the people of the City of Hackensack. •, NOW, THEREFORE, BE IT RESOLVED th.at the City Clerk 0 and City Attorney be and they hereby are authorized to issue, execute and serve I a Subpoena Duces Tecum in the name of the Mayor and City Council of the City of Hackensack upon the appropriate representative of the Bergen County Prosector•s office. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei '7 Mrs. Dukes advised the Mayor that her Docket was completed. Mayor Zisa thanked her and asked the City Manager, City Attorney and members of Council if they had anything to report. They did not. The Mayor opened the meeting to the public for discussion of City business. Horacio Danovich, 34 Emerald Street, thanked the Mayor and Council for acting on a resolution to obtain the records regarding the fire on Devoe Place from the Bergen County Prosecutor's office. Mr. Danovich also advised there were over 100 soccer players who "tried out" for the Olympics and 18 "made it". He said one of the 18 is from Hackensack, but would not be able to go because of the lack of funds. He asked the Mayor and Council if the City could do something I to help. Mayor Zisa advised him that the City cannot assist with budgetary funds for ·these iterns. He recommended some type of fund raising be done. Sue Danovich, also thanked the Mayor and Council for the resolution to obtain records from the Prosecutor regarding the Devoe Place fire, and commended the Fire Department for the job they did. She said there are still fourteen 55 gallon drums outside the premises with debris around and on top of them. She would feel more protected if they were inside the building. Mayor Zisa said the City is doing everything it possibly can under the law and will continue to apply pressure wherever we can. Motion offered by Stein, seconded by Galvis that the public hearing be closed and the meeting be adjourned. Carried (8:45 p.m.) I UNCILWOMAN JUANITA ABSENT C�1 COUNCILMAN ROGER B. MATTEI IS ATTEST: I '•